April 23, 2007

1/23 Subjects on Which the Act is Silent

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Totally Deceived: The Journey out of Denial

(Visit our parent blog site Revealing Truth for Child and Family Justice http://revealingtruthinnovascotia.blogspot.com/ for more concerns with Children's Aid/Family and Children's Services/Community Services in Nova Scotia and our sister site Former Reviews: They can do it Again! - We want a General Inquiry! http://revealingtruthinnovascotia3.blogspot.com/ Links are also to the right under LINKS)

Subjects on Which the Act is Silent

1. Anonymous Complaints
There is nothing in the Act that specifically permits or makes it mandatory for the agency to act on anonymous complaints.

Comments:

  • The question needs to be asked: Is the agency following up on all complaints, including the anonymous complaints? This does not seem to be the situation.
  • Many people are aware of cases where children are living in obvious horrendous conditions (drugs, prostitution, pimps, filth, neglect and/or abuse in their home environment ) and Children Services does nothing for them, even after concerned people have continually made complaints?
  • There is concern that Children’s Aid Societies/Family and Children Services Agencies/Department of Community Services wants to take in children from good families because they are more adoptable, and that they do not want to contend with the “hard” cases - the children who really do need protection and services.


    2. Case Notes (also known as Case Recording Reports)


There is nothing in the Act that speaks of filing or not filing thes case notes as “evidence” in court.

Comments:
  • There is concern that these lengthy reports are full of large amounts of hearsay and gossip, and when they are filed, it then becomes the responsibility of individuals to file affidavits speaking against what is said in these notes- otherwise the court will assume you agree with the statements in these reports. However, we know of no lawyer who will take the time to respond to the filings of these lengthy case notes, even when their clients are pleading with them to do so. Many people find it impossible to get their lawyers to do the work that they should be doing - this includes both legal aid lawyers and well paid lawyers.

  • It is also understood from legal sources that this filing of case notes is a practice that is unique to the Greater Halifax Municipality. This inconsistency, in itself, is not appropriate

  • Parents should have access to these case notes, but their filing in court as “evidence” should not be permitted. If Children's Aid Societies/ Family and Children Services Agencies/Department of Community Services wants to bring forth specific concerns as evidence, they should bring forth that evidence independent from the case notes.