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Full text of "REPORT OF THE JUDICIAL INQUIRY INTO THE CARE OF KIM ANNE POPEN BY THE CHILDREN'S AID SOCIETY OF THE CITY OF SARNIA AND THE COUNTY OF LAMBTON."

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in 2010 with funding from 

The Law Foundation of Ontario & the Ontario Council of University Libraries 



http://www.archive.org/details/reportofjudicial04onta 



dicial Inquiry Into the Care of 

g^ Kim Anne Popen 
by the Children's Aid Society 
of the City of Sarnia and 
the County of LambtOD 



is Honour 

jdge H.Ward Allen 




ikt. 




v*v T «^ luuvnt 




^^^ PubUcatioitt 

Kim Anne Popen 

by the Children's Aid Society 

of the City of Sarnia and 

the County of Lambton 

His Honour 
Judge H.Ward Allen 

1982 



VOLUME 4 



Printed by A. P. Gordon, Queen's Printer for Ontario. 

ISBN for complete set of 4 volumes: 0-7743-7734-8 
ISBN for Volume 4: 0-7743-7755-0 

Copies are available from: 

Ontario Government Bookstore 

880 Bay Street 

Toronto, Ontario, for personal shopping. 

Out-of-town customers write to: 

Publication Services Section 

5th floor, 880 Bay Street 

Toronto, Ontario M7A 1N8 

Telephone 965-6015 

Toll free long distance 1-800-268-7540, 

in Northwestern Ontario 0-Zenith 67200. 

Cheques payable to the Treasurer of Ontario. 




VOLUME 4 



Chapter XXXI 

Conclusions 1143 

Chapter XXXII 

Summary of Recommendations 1167 

Chapter XXXIII 

Collection of Recommendations 1477 



Schedules 



1-A 

Calendar of Sittings 1567 

1-B 

Counsel Appearing Before the 

Judicial Inquiry 1588 

1-C 

List of Exhibits 1591 

1-D 

Witnesses Appearing Before the 
' Judicial Inquiry 1614 

1-E 

Qualifications of Certain Witnesses 

Appearing Before the 

Judicial Inquiry 1621 



2-A 

Calendar of Significant Events 

in Kim's Life 

including Court Appearances 1645 

2-B 

The Child Welfare Act , 1975 

(extracts) 1650 

2-C 

The Crown Attorneys Act 

(extracts) 1671 



111 



2-D 



2-E 



2-F 



2-G 



2-H 



2-1 



2-J 



2-K 



2-L 



2-M 



Crown Counsel Brief 

re: Trial of Annals Popen and 

Jennifer Popen on the charge 

under Section 40 of 

The Child Welfare Act 1673 



The Family Services Department 

Recording - Children's Aid Society, 

City of Sarnia and County of Lambton . . 167; 



The Farina Report 

dated February 15, 1978 1705 



The Farina Report 

dated February 24, 1978 1730 



Reasons for Judgement - 

His Honour Judge Q.L. Nighswander - 

delivered February 25, 1976 1743 



The Lambton Health Unit Procedure 

re: Child Abuse Records and 

Child Abuse Cases 1746 



Legislation and The Central Register 

from Child Abuse in Ontario 

(Research Report 3) 1751 



The Police Act , R.S.O. 1970 

(extracts) 1757 



Children's Aid Society, Sarnia 

Policies for Child Care Services 1758 



Children's Aid Society, Sarnia 

Policies in Regard 

to Family Services 1762 



IV 



2-N 



2-0 



2-P 



2-Q 



2-R 



2-S 



2-T 



2-U 



2-V 



The Probation Act , R.S.O. 1970 

(extracts) 1766 



The Sarnia Police Force 

Investigation Report on 

the Injuries Suffered by Kim in 

June 1975 1771 



The Child Welfare Act, 197; 



(extracts) 1774 



Involvement of Police or 

Crown Attorney from 

Guidelines for Practice and 

Procedure in Handling 

Cases of Child Abuse, by O.A.C.A.S. ... 1785 



Form (1975) - Report of Persons 

Allegedly Causing Physical 

111 Treatment of a Child 1787 



Report of Persons Allegedly Causing 

Physical 111 Treatment of a Child, 

dated August 30, 1975 1789 



Communication - Child Welfare Branch 

Ministry of Community and Social 

Services dated April 14, 1976 1791 



Report of Persons Allegedly Causing 

Physical 111 Treatment of a Child, 

dated August 11, 1976 1793 



Interim Report to the Board of Directors 

Children's Aid Society of the City of 

Sarnia and County of Lambton, 

Prepared by Harry Zwerver, 

dated April 11, 1978 1795 



2-W 



2-X 



2-Y 



2-Z 



3-A 



Summary of Popen case by 

William Lovatt in Minutes of Meeting, 

Board of Directors, Children's Aid 

Society, Sarnia, 

dated December 15, 1977 1806 



Report for Child Welfare Branch, 

Ministry of Community and Social 

Services, Toronto. 

Prepared by Children's Aid 

Society, Sarnia 

dated December 8, 1977 1811 



Contentious Issue Report; 

Re: Death of Child Kim Anne Popen 

Prepared by Stephen Charko, 

Child Welfare Branch, 

Ministry of Community and Social 

Services 

dated December 12, 1977 1821 



Comparison of 1977/78 budgets for 

Children's Aid Society, Sarnia 

Presented by William Lovatt, 

November, 1977 and February, 1978; 

Ministry, January, 1978; 

McCabe and Zwerver, June, 1978 1824 



Involvement of Police or 

Crown Attorney from Guidelines for 

Practice and Procedure in Handling 

Cases of Child Abuse 

by the O.A.C.A.S. 

dated July, 1976 1825 



VI 



Chapter XXXI 
Conclusions 



Before setting forth the recommendations 
which I feel flow properly from the events reviewed 
in this Report it may be helpful to readers of the 
Report for me to prepare a summary of what appear to 
me to be some of the more important conclusions, 
findings or opinions reached, made or expressed by me 
heretofore in the Report. 

That summary will be in the same sequence 
as the Chapters of the Report. 

Chapter I contains an expression of my view 
that the review of Kim's antecedents and of their 
lives prior to her birth was limited and not entirely 
satisfactory because of the unreliability of Jennifer 
Popen as a witness. 

Chapter II mentions a comment by the 
Honourable Keith C. Norton on September 8, 1978 while 
he was the Minister of Community and Social Services. 
It was to the effect that this Report should be 
mandatory reading for all involved in the detection, 
management and treatment of cases of child abuse. 
There was further comment by Mrs. Farina that, in 
Kim's case, almost every mistake that could be made 
was made by those who were involved in it at its 
various stages. I share that view. 

In Chapter III I state the obvious. Kim 
was a victim of abuse. Her mother, Jennifer Popen, 
inflicted physical injury upon her. Her father. 
Annals Popen, failed to protect her. In my view 
others, in varying degrees, bear responsibility for 
the eventual result. 

Chapter III is an admittedly incomplete 
examination and assessment of some of Kim's 
antecedents. It demonstrates my inability to rely 
upon testimony by Jennifer Popen. It sets forth my 



1143 



concern that Annals Popen's testimony, too, is not 
reliable. 

Chapter IV is a summary of some of the 
major events in Kim's life which are examined in 
greater detail, along with other matters, in the 
following Chapters of the Report. Upon Kim's 
hospitalization in March, 1975, Dr. Singh recorded 
the first suspicion that she may have been abused. 
Mr. Khattab did not pursue the matter as Dr. Singh 
requested. No report was made to the Society or 
Crown Attorney. In June, 1975, Dr. Jumean reported, 
by telephone, to the Sarnia Police Force and The 
Lambton Health Unit, that there was an allegation or 
suspicion that Kim had been abused. He made those 
calls ten days after he had seen Kim and heard the 
allegation. The Society was informed by the police 
the next day and visited Kim immediately. Mrs. 
Harvey assumed responsibility for the case, but it 
did not receive any further attention. On August 31, 
1975, Kim was again hospitalized with serious inju- 
ries and again the suspicion of abuse was recorded. 
The Society and police were informed. Kim was 
released from hospital into the care of the Society. 
That was later confirmed by an order of the 
Provincial Court (Family Division) of the County of 
Lambton in February, 1976. Her parents were charged 
under section 4 of T he Chil d Welfare Ac t. Annals 
Popen pleaded guilty and the charge against Jennifer 
Popen was withdrawn. On May 27, 1976, Kim was 
returned to her parents' home. On August 11, 1976 
she died as a result of injuries admittedly inflicted 
by Jennifer Popen. 

Chapter V contains a review of the 
testimony relating to Kim's admission to hospital in 
March, 1975. I am prepared to accept Jennifer 
Popen's acknowledgement that she caused the injuries 
which led to that admission. I reject Jennifer 
Popen's testimony that those injuries were "an 
accident." I find that the discharge summary signed 
by Dr. Jumean is in error to ascribe the fracture of 
Kim's humerus to a fall. I reject Mr. Khattab's 
testimony that his assignment was "just to talk to 
the mother." His statement that he had no infor- 
mation about child abuse or the battered child 
syndrome is a startling admission of incompetence and 
ignorance and, when coupled with his admitted failure 
to inquire about such things, wilful blindness. I am 



1144 



critical of others for not having pursued the matter 
with Mr. Khattab. 

In my view the circumstances surrounding 
Kim's injuries and admission to hospital in March, 
1975 were such as to require a report to have been 
made to a children's aid society or Crown attorney 
pursuant to section 41 of The Child Welfar e Act, No 
such report was made. That may m part"~be attri- 
butable to the procedures in the hospital and to the 
understanding which some doctors and nurses expressed 
as to the relationship among and between them and as 
to the reliance of some upon Dr. Jumean, as the 
family doctor, to do what was required. In my view 
the failure to make the required report had minimal 
effect upon the tragic development of Kim's life. 

I reject, as being of recent invention, 
Jennifer Popen's testimony which seemed to suggest 
that what she did was in an attempt to obtain help. 

Chapter VI reviews events in Kim's life 
from April 3 to August 31, 1975. It was during this 
period that Mrs. Fay Popen expressed concern to Dr. 
Jumean who telephoned the Sarnia Police Force on June 
16, 1975. On June 17, 1975 the police advised the 
Society who promptly visited Kim. Despite the 
opinion and decision of Mrs. Saul and Mrs. Harvey 
that the Society should be involved in Kim's life the 
matter was not dealt with. The Society did not open 
a file. It conducted no investigation of the most 
recent incident or of earlier incidents of alleged 
abuse to Kim, including that of March, 1975. 

I reject the testimony of Mrs. Harvey and 
Mr. Carter that Kim's case was discussed by them on 
August 29, 1975. There is no factual basis for the 
item in the Society's records under that date. 

I do not accept the testimony of some of 
the personnel of the Society to the effect that the 
failure of the police to advise the Society that Dr. 
Jumean had telephoned the police contributed to the 
Society's failure to fulfill its tasks. Simply put, 
the Society had a duty to investigate the allegations 
and it did not do so. 

The events in this period of time demon- 
strated the Society's lack of appropriate procedures. 



1145 



The recordings in the Society's files were shown to 
be unreliable. 

On June 17, 1975, Mrs. Harvey assumed 
personal responsibility to ensure that Kim's case was 
opened in the Society and assigned to a long term 
worker. She did not do either. She had no 
explanation for her failure. 

During this period of time others, such as 
Mrs. Hewitt, Dr. Thorp and Mrs. Fay Popen, had ample 
information to require them to make a report pursuant 
to section 41 of The Child Welfare Act . That they 
did not had minimal effect upon the tragedy, 
particularly in light of the Society's failure to 
investigate the case promptly after June 17, 1975. 

Chapter VII reviews the events from August 
31 to September 5, 1975. Many who were associated 
with Kim's admission to hospital in March, 1975 and 
the events of June, 1975 were again involved. Dr. 
Singh again suggested the possibility of abuse. Mr. 
Khattab again did little. The Society did little to 
investigate any or all of the allegations or infor- 
mation it had. 

Chapter VIII is a review of events from 
September 5, 1975 to February 25, 1976. There were 
procedural problems and long delays in the charge 
against Annals Popen and Jennifer Popen under section 
4 of The Child Welfare Act and in the Society's 
application in respect of Kim. Kim was released from 
hospital to the care of the Society and was placed in 
an excellent foster home where she was well and 
lovingly cared for. 

During this period the Society did 
virtually nothing more than provide physical care for 
Kim. Mr. Carter, with Mrs. Harvey's approval, did 
not conduct the necessary and usual investigations 
nor prepare and record any plan for Kim's care by the 
Society. He merely prepared the Society's 
application for presentation in court and that was 
not done fully or well. 

It was during this period that Mrs. Harvey 
announced her intention to return Kim to her parents 
even over the strong objections of some of the staff 
of the Society and police officers. This was a 



1146 



further demonstration of the absence of adequate 
procedures in the Society. 

I find that the Society was aware of and 
did not oppose the arrangement between the Crown 
Attorney and Mr. Higgins for the disposition of the 
charge against Annals Popen and Jennifer Popen under 
section 40 of The Child Welfare Act . 

The transcript of the court proceedings on 
February 25, 1976, coupled with the testimony upon 
the Inquiry, demonstrates further the dominant role 
of Mrs. Harvey in the Society and the absence of 
appropriate procedures. In my view the Society 
failed Kim and the court by failing to apprise Judge 
Nighswander of all of the information which might 
have been presented to indicate the true nature of 
Jennifer Popen's involvement in Kim's injuries. 

Mrs. Harvey made no notes as Judge 
Nighswander delivered his reasons for judgement. The 
Society did not obtain a copy of those reasons. 

The Society's personnel erroneously 
believed that the disposition of the charge under 
section 40 of The Child Welfare A ct restricted them 
in the presentation of the Society^ application. 

Chapter IX deals with Kim's life from 
February 2, 1975 until her death. Mrs. Harvey 
removed Kim's case from Mr. Carter and assigned it to 
Mrs. Lo. Mrs. Harvey told Mr. Carter the transfer 
was made for ethnic reasons. She denied that upon 
the Inquiry and her real reasons are obscure. 

Mrs. Lo did not have training or experience 
to enable her to manage Kim's case. Mrs. Harvey did 
not provide adequate supervision to Mrs. Lo. Mrs. Lo 
was not even aware that her task would include some 
effort to determine the identity of whomever had 
abused Kim. 

Mrs. Lo and Mrs. Harvey were remiss in not 
arranging for Kim to be examined by a physician at 
appropriate intervals after her return to her 
parents' home in May, 1976. 

The validity of the pre-sentence report 
prepared by Mr. Brouwer is suspect because of the 



1147 



limited inquiries he made. However that pre-sentence 
report did contain Dr. Curtin's report and note 
which, had the Society's personnel taken the trouble 
to read them, should have alerted the Society to the 
possibility that Kim might be exposed to danger. 

I was struck by the insular attitude of the 
Society. Its personnel seemed to expect others to 
communicate with it and to give it information, but 
they, with rare exception, did not initiate 
communications with other agencies in the community. 

I also noted that both the Society and the 
Probation Services assigned major responsibilities in 
Kim's case to inexperienced persons, Mrs. Lo and Mrs. 
Maughan. 

Again the reliability of the recordings in 
the Society's files is questioned. Mr. Carter's 
summary of the court proceedings of February 25, 1976 
is incomplete and inaccurate as is Mrs. Lo ' s record- 
ing following the proceedings of March 29, 1975. 

Mrs. Kirby's and Mrs. Lo's recordings do not agree in 
some substantial aspects. The recordings are not 
accurate in relation to the making of the decision 
that Kim would be returned to her home, either as to 
when, why and by whom that decision was made. 

Chapter X sets forth the results of the 
post-mortem examination and the opinions of Dr. 
Patodia and Dr. Bates based thereon. 

Dr. Patodia found Kim's death to have been 
the result of injuries to her head suffered within 
hours of her death. He noted external marks of 
violence. Dr. Bates stated that the injuries 
suffered by Kim were consistent with her having been 
abused. 

Chapter XI deals with events immediately 
following Kim's death. The actions and attitudes of 
Mrs. Harvey in relation to Kim's brother, Karie, 
after August 11, 1976, appear to me to be indicative 
of the weaknesses in the Society which contributed so 
greatly to Kim's tragedy. Even after seeing Kim's 
body and her terrible injuries, Mrs. Lo did not con- 
clude that Kim had been abused by her parents or one 
of them. The Society's personnel did not vigorously 
pursue a request for a copy of the post-mortem 



1148 



report. It was accepted, without confirmation, that 
Karie was being cared for by persons other than his 
parents. The Society did not initiate communication 
with other agencies, but, somewhat belatedly, acted 
in response to the urging of the Crown Attorney and 
The Lambton Health Unit. But for the intervention of 
others Karie might have been left in the care of 
Annals Popen and Jennifer Popen and exposed to the 
same risk as had Kim. Mrs. Harvey said she could not 
act with reference to Karie until a charge was laid 
in connection with Kim's death or until there was 
evidence he had been abused. She had not sought 
legal advice even though it was available by reason 
of the decision of the Board of Directors of the 
Society some months earlier. She continued her 
practice of making important decisions without 
adequate or any consultation. 

Chapter XII sets forth my assessment of 
Jennifer Popen as a person v7hose testimony upon the 
Inquiry was not worthy of belief. I express 
criticism of the Society for its failure to make any 
investigation of Jennifer Popen's life history to 
ascertain what effect, if any, it might have had upon 
her in relation to her care of Kim. 

I am satisfied that all of what Jennifer 
Popen told the doctors and others in relation to 
Kim's injuries was false insofar as it was a denial 
of her responsibility for Kim's injuries. Jennifer 
Popen caused the injuries. They were not the result 
of accidents. Those findings relate as well to the 
injuries set forth in the post-mortem report. 

Chapter XIII contains my assessment of 
Annals Popen as a pathetic man, but one not deserving 
of pity. I am not satisfied that he caused any 
injury to Kim, but he was not prepared to recognize 
what was happening. He did not protect Kim. His 
testimony is not reliable. 

Chapter XIV examines Mrs. Harvey's role. 
In June, 1975 she assumed personal responsibility for 
Kim's case, but she did nothing. In September, 1975, 
when Mrs. Harvey again learned of Kim's case because 
of another incident of abuse, she did not frankly 
acknowledge ner earlier default. That lack of 
frankness continued even in some of her testimony 
upon the Inquiry. 



1149 



In September, 1975 and thereafter Mrs. 
Harvey did not provide adequate supervision to Mr. 
Carter and to Mrs. Lo. She did not ensure compliance 
with the provisions of The Child Welfare Ac t and the 
Regulations made thereunder. She did not ensure an 
adequate investigation of all of the allegations of 
abuse to Kim. She made decisions without consul- 
tation with others. She did not ensure that the 
files of the Family Services Department of the 
Society in relation to Kim were satisfactorily 
maintained. She did not ensure that a plan for 
management of Kim's care was prepared and recorded. 

In her testimony Mrs. Harvey emphasized the 
desire to have an early hearing of the Society's 
application for wardship of Kim. In fact it was not 
heard until about six months after it was initiated. 
Mrs. Harvey was responsible for some of that lengthy 
delay because of her failure to supervise Mr. Carter 
and to ensure that the Society was prepared for the 
hearing. Preparation would have included investi- 
gation and assurance that all necessary witnesses 
were present. 

Mrs. Harvey's failure to give any 
assistance or advice to Mr. Carter to overcome Mr. 
Higgins' attempts to restrict Mr. Carter's contact 
with Annals Popen and Jennifer Popen was an element 
in the unsatisfactory preparation of the Society's 
application. 

Mrs. Harvey's failure to have any adequate 
conference prior to the hearing was another element 
in that unsatisfactory preparation. 

The lack of preparation was demonstrated by 
the inadequate or incomplete presentation of all of 
the material that should have been adduced upon the 
hearing. Mrs. Harvey's failure to cross-examine 
Jennifer Popen was an illustration of her inadequate 
representation of the Society. 

Another illustration of the inadequacy of 
the preparation and presentation of the application 
was Mrs. Harvey's submission that wardship for a 
period of two months would be sufficient. Mr. Carter 
was not aware that she would make that submission. 
Until it was made he had understood the Society 
sought wardship for six months. Mrs. Harvey's 



1150 



testimony purporting to explain that was entirely 
unconvincing . 

Mrs. Harvey's deficiencies as the Society's 
court worker are all the more noticeable because of 
her refusal to attend a seminar for court workers and 
her failure to request the assistance of a solicitor 
even though, just weeks earlier, she had persuaded 
the Board of Directors of the Society to provide 
funds for that purpose. 

By February, 1976 Mrs. Harvey had decided 
that Kim should be returned to her home. She made 
that decision without any adequate conference. She 
persisted in it over the combined objection of police 
officers and some of the personnel of the Society. 
The decision as to when the return should be effected 
was made during a charade of a conference. That 
total decision was defended by Mrs. Harvey even in 
the face of testimony of well-qualified social 
workers who said they could not find any basis to 
support it and who were adversely critical of it. 

The transfer of Kim's case from Mr. Carter 
to Mrs. Lo was another example of Mrs. Harvey's abuse 
of her position to make and execute decisions without 
any appropriate conference. 

Mrs. Harvey did not adequately instruct and 
supervise Mrs. Lo in her duties. Even in late July, 
1976 when Mrs. Lo reported some unsettling changes of 
attitude in the Popen home, Mrs. Harvey gave her no 
particular advice or assistance to seek to ensure 
Kim's safety. 

I am satisfied that Mrs. Harvey, despite 
her impressive credentials, lacked an adequate 
knowledge of The Child Welfare Act and of child care 
and protection practices and procedures currently 
acceptable in 1975 and 1976. 

Chapter XV contains my comment upon the 
role of Mr. Lovatt. His virtual abdication of 
involvement in and responsibility for management of 
cases permitted Mrs. Harvey to have a position of 
dominance within the Society and a position of 
unchallenged authority in Kim's case. In my view Mr. 
Lovatt was derelict in performance of his duties. 



1151 



In many areas the organization, adminis- 
tration and operation of the Society were inadequate 
and unsatisfactory, even deplorable. The practices 
and procedures of the Society in relation to Kim did 
not satisfy or meet the standards which well- 
qualified witnesses upon the Inquiry said were usual, 
normal and reasonable for such a case. Mr. Lovatt 
and others of the Society's personnel were similarly 
lacking in knowledge and expertise. Those deficien- 
cies substantially contributed to the tragedy of Kim. 
Mr. Lovatt, as the Local Director of the Society, 
must bear responsibility therefor. 

Mr. Lovatt was genuinely interested and 
concerned about the well-being of children. He 
wanted to succeed. He failed as set forth in this 
Report. 

Mr. Lovatt was or should have been aware of 
the deficiencies described by Mr. Zwerver in his re- 
port to the Board of Directors and in his testimony. 
Mr. Lovatt should have acted to correct the situation 
even prior to Mr. Zwerver's appointment to the 
Society. He did not. 

Mr. Lovatt was not able to succeed even in 
the limited area to which he largely confined him- 
self. That was the area of financial affairs. He 
was unable to obtain the approval of the Minister of 
Community and Social Services for the estimated 
expenditures of the Society in 1978, Others subse- 
quently did obtain such approval and attributed their 
success and his failure to the respective use each 
had made of information from the Society's records. 

Mr. Lovatt's failure to advise the Board of 
Directors of the circumstances of Kim's death when it 
occurred in August, 1976 is an example of his 
inability or unwillingness to recognize and fulfill 
his responsibility to the Board of Directors. He 
maintained that silence until December, 1977 when the 
Society's involvement in Kim's care became a topic of 
public discussion. Even then his report to the Board 
of Directors was incomplete and inaccurate. 

In this Report I have commented upon the 
insular attitude of the Society within the community. 
Mr. Zwerver in his testimony described one instance 
wherein an employee of the Society failed to respond 



1152 



adequately to a call from another agency. Mr. Lovatt 
must bear responsibility for all of that. 

I have written of Mrs. Harvey's failure to 
provide adequate supervision to Mr. Carter and Mrs. 
Lo. In her turn she received no supervision from Mr. 
Lovatt. He deferred to her and accepted her oral 
reports, virtually without question, suggestion or 
comment. 

In my view Mr. Lovatt spoke ill of himself 
when he testified that the Society was unable to 
attract well-qualified workers to its staff during 
his service with the Society. If that was so, he was 
responsible for the state of the Society from the 
date of his appointment as Local Director. I am not 
aware that he expressed any such opinion before 
testifying upon the Inquiry or that he sought 
anyone's assistance to employ such workers. 

Mr. Lovatt sought some solace or refuge by 
attributing to the Sarnia Police Force responsibility 
for inadequate investigation and actions in 1975. 
While I have expressed some criticism of the Sarnia 
Police Force, Mr. Lovatt can take no comfort from 
that. That effort by him is a further illustration 
of his own inadequacy. 

Mr. Lovatt may evoke sympathy as one whose 
career was shattered by revelations in December, 
1977. However, he must bear ultimate responsibility 
for the existence of conditions within the Society 
which were so significant in the development and the 
conclusion of Kim's tragedy. 

Chapter XVI sets forth my viev;s upon the 
role of Mr. Higgins. I am satisfied that, as a 
barrister and solicitor, he acted in the best inter- 
ests of Annals Popen and Jennifer Popen who were his 
clients in late 1975 and early 1976 and of Jennifer 
Popen who was his client in later 1976 and in 1977. 
He felt no direct obligation or duty to Kim during 
her lifetime. In the court proceedings of particular 
importance to the Inquiry he obtained good results 
for his clients. He also was responsible for the 
Court's obtaining the pre-sentence report. In that 
way Dr. Curtin's views became available to the 
Society. It is no fault of Mr. Higgins that the 
Society did not exploit that opportunity. It is not 



1153 



his fault that the Society misinterpreted or mis- 
applied what Dr. Curtin had written. It is not his 
fault that in representing his clients he was able to 
persuade the Society that it should not do certain 
things it should have done. 

I am satisfied that Mr. Higgins became a 
member of the Board of Directors of the Society after 
the proceedings in the Court in February and March, 
1976 had been completed other than the imposition of 
sentence upon Annals Popen. Mr. Higgins did so as a 
public spirited citizen and without ulterior motives. 

At no time did Mr. Higgins take part in any 
consideration by the Society's personnel of the 
management of Kim's case. Specifically he did not 
influence the decision to return Kim to her home. He 
did not exert pressure upon anyone in that 
connection. 

In my view Mr. Higgins was not in a 
position of conflict of interest in the spring of 
1976. Nothing detrimental to Kim flowed from the 
fact he did not advise the Board of Directors of the 
Society that he had acted for Annals Popen and 
Jennifer Popen. 

The situation was different in August, 1976 
when he was retained by Jennifer Popen in relation to 
Kim's death. As a member of the Board of the 
Directors of the Society, he should have advised the 
Board that Kim was a ward of the Society when she 
died and that her parents had been charged with 
manslaughter. Mr. Higgins' silence had no effect 
upon Kim who had died. 

Upon the Inquiry Jennifer Popen refused to 
waive the solicitor-client privilege which applied to 
communications between her and Annals Popen and their 
solicitor, Mr. Higgins. Thus I was unable to as- 
certain whether either Jennifer Popen or Annals Popen 
had given to Mr. Higgins any information as to 
physical ill-treatment of Kim. In my view, if Mr. 
Higgins received any such information from them or 
either of them he would have been required by section 
41 of The Child Welfare Ac t to report that infor- 
mation to the Crown attorney or the Society even if 
the information was given to him as their solicitor 
for the purpose of defending and opposing the 

1154 



proceedings against them and in respect of Kim under 
The Child Welfare Act . 

Chapter XVII contains my comment upon the 
function of the Board of Directors of the Society. 
No member of that Board, save and except Mr. Higgins, 
had any knowledge of or involvement in Kim's case. 
While Mrs. Harvey advised Mr. Allen, as President, of 
Kim's death, he was left with the impression that Kim 
had died as the result of an accident. He was not 
even alerted that the circumstances of Kim's death 
might lead to adverse criticism of the Society. 

The staff of the Society, particularly Mr. 
Lovatt and Mrs. Harvey, were responsible for the 
Board's lack of awareness of the matter. There was a 
complete lack of appropriate communication from the 
staff to the Board of Directors. 

I am satisfied that men and women accepted 
election or appointment to the Board of Directors of 
the Society without full knowledge of the duties and 
obligations attending such membership. There was 
little effort to acquaint the members of the Board 
with their duties. The Board, as a whole, depended 
upon Mr. Lovatt for information and advice. 

The members of the Board did not possess 
any means to assess Mr. Lovatt's abilities or his 
performance of his duties. Similarly the Board was 
unable to assess the overall performance by the 
Society. The Ministry of Community and Social 
Services gave the Board no advice or information in 
that regard. The Board did not request any such 
assistance from the Ministry. In my view the duty of 
the Board to govern the Society included a duty to 
ensure that the Society fulfilled its obligations in 
a satisfactory manner. 

That dependence upon Mr. Lovatt and the 
absence of advice from the Ministry perhaps account 
for the Board's being unaware of the sorry state of 
affairs in the Society which was so easily and 
quickly exposed early in 1978. 

In my view the Board of Directors of the 

Society must bear some responsibility for its own 

lack of awareness. Mr. Lovatt and others of the 
staff share in the responsibility. 



1155 



In part all of that came about because of 
the absence of effective means of communication 
within the Society. 

The Board did act quickly and effectively 
when it became aware of the Society's involvement in 
Kim's life and death. It went beyond its usual 
reliance upon Mr. Lovatt and sought assistance from 
other sources. 

In Chapter XVIII I review the activities of 
some of the personnel of the Society and express some 
criticism of some of them. To some degree they were 
the victims of the poor organization and adminis- 
tration of the Society and the lack of adequate 
leadership. 

It was the absence of adequate procedures 
which led to notes made by Mrs. Saul and Mrs. Dick on 
June 17, 1975 lying somewhere untranscr ibed until 
after August 31, 1975. That same absence of 
procedures led to important decisions, such as the 
transfer of Kim's case and her return to her parents' 
home, being made without adequate discussion and 
study. It led also to some of the problems with the 
Society's records which, in relation to Kim, were 
shown to be quite unreliable and inadequate. 

In my view Mr. Carter's investigation of 
Kim's case in preparation for the hearing of the 
Society's application was inadequate. Similarly, Mr. 
Carter made a serious error, with Mrs. Harvey's 
knowledge and concurrence, when he failed to es- 
tablish and pursue usual case work practices in Kim's 
case. He and she accepted Mr. Higgins' dictum. His 
preparation for the court hearing was not satisfac- 
tory. His recording in Kim's file for the whole of 
the period from September 2, 1975 to February 25, 
1976 was placed in the file after that later date. 
He failed to meet the requirement of The_Ch^l^d 
Welfare Act as to recording his investigation and 
determination and the basis thereof. He did not 
prepare or record a plan for the management of Kim's 
care. For the most part his deficiencies flowed from 
his own errors or lack of knowledge as to the 
provisions of The Child Welfare Act and as to his own 
powers, duties and obligations. He compounded his 
errors by failing to seek advice. 



1156 



Chapter XIX reviews the actions of the 
Sarnia Police Force from the time of Dr. Jumean's 
telephone call on June 16, 1975. In my view it was 
inappropriate for the police to wait until June 17, 
1975 before advising the Society. While Police 
Constable Gander could properly rely upon the 
assessment of Kim's condition made by the Society's 
workers on June 17, 1975, the police should have 
investigated further, particularly in relation to the 
allegation of earlier injury or abuse to Kim. 

In my view the police investigation of 
Kim's case after August 31, 1975 was not satisfac- 
tory. Thus the preparation for trial of the charge 
against Annals Popen and Jennifer Popen was not 
satisfactory . 

I formed the opinion that the police did 
not fully appreciate the nature of the case. It was 
treated by them as a minor matter. The absence of 
notes was striking. The inadequacy of the brief 
prepared by the police for use by the Crown Attorney 
is apparent when it is reviewed in the light of the 
testimony upon the Inquiry. It is inadequate because 
of error and omission. 

It would seem that the police were not 
fully aware of their powers under The Child Welfare 
Act . In February, 1976 Police Constable Wyville and 
Police Constable Charlton accepted Mrs. Harvey's 
statement that Kim would be returned to her home. I 
recognize the practical problems that would have 
arisen had the police done otherwise. If the police 
had sought the assistance of others, such as the 
Crown Attorney, The Lambton Health Unit and Dr. 
McKinlay whose efforts led to Karie's removal from 
the Popen home on August 13, 1976, they might have 
forestalled Mrs. Harvey and the Society. The police 
should not have permitted their valid concerns to be 
brushed aside so cavalierly. 

In Chapter XX I record my opinion of the 
actions and opinions of various medical doctors who 
were involved in some way in Kim's life. Although as 
early as March, 1975, Dr. Singh had recorded his 
suspicion that Kim may have been abused, no medical 
doctor made any report as required by section 41 of 
The Child Welfare Act . I do not accept the view 
expressed that no such report should be made until 



1157 



the doctor involved has investigated the matter, 
provided the doctor has reasonable and probable cause 
for maKing such a report and is not acting ma- 
liciously. In my view Drs. Singh, Thorp, Jumean and 
Lota failed to comply with the statutory provision. 
In my view Drs. Bennett, McCrudden and Woods had no 
obligation to make such a report because the limited 
information they had was not sufficient to impose 
that duty upon them. 

I reject the opinion expressed by some 
doctors that, if a doctor were engaged as a con- 
sultant to the physician attending a child, a report 
to the attending physician would satisfy the 
provisions of section 41 of The Child Welfare Act and 
fulfill the consulting doctor ' s obi igat ion there- 
under. 

In my view the expressed concern that a 
doctor might be successfully sued for making such a 
report is ill-founded provided the doctor was not 
acting maliciously and had reasonable and probable 
cause for making the report. Certainly in Kim's case 
there were such grounds and there was no suggestion 
that any doctor harboured malice against Annals Popen 
and Jennifer Popen or either of them. 

I am particularly critical of Dr. Jumean, 
the family physician to Kim and her parents. Other 
doctors prepared reports for Kim's file and for him. 
They relied upon him to do whatever was necessary on 
the basis thereof. He did not examine Kim's file 
which included reports from Dr. Thorp and Dr. Singh 
prepared during his absence in March, 1975. It was 
particularly disheartening when, in the same area of 
his testimony, he stated that on his return he had 
reviewed the financial matters arising from his 
patients' files more carefully than he had reviewed 
the medical records therein. That lack of care in 
relation to medical records is demonstrated by the 
error in the form, signed by him, with reference to 
Kim's discharge from hospital on April 3, 1975. 

Even in June, 1975, Dr. Jumean was remiss. 
I found that on June 6, 1975 he saw Kim with Mrs. Fay 
Popen who was concerned about Kim's safety. He did 
not comply with the provisions of section 41 of The 
Child Welfare Act at any time, but, ten days later, 
he did telephone the Sarnia Police Force. A delay of 



1158 



ten days is significant in relation to the appearance 
of injuries such as bruises. 

However, adequate performance by the 
Society of its functions after June 16, 1975 might 
very well have overcome whatever disadvantage may 
have flowed from the failure of any medical doctor to 
make a report to a children's aid society or Crown 
attorney . 

Chapter XXI contains my criticism of St. 
Joseph's Hospital and its staff. In large measure 
that criticism is of Mr. Khattab. Some of it has 
been summarized earlier in this Chapter. Even with 
his admitted deficiency of knowledge of child abuse 
he did not seek any assistance and he did not inform 
anyone, including Dr. Singh, that he was not 
qualified to do what Dr. Singh expected. 

Inherent in the testimony of personnel of 
the hospital was the suggestion of lines of 
communication whereby a nurse, for example, having 
information which raised the suspicion that a child 
had been abused would be expected to report the 
matter to the nursing supervisor or to the physician 
and would not be expected, or even permitted, to 
report the matter to a children's aid society or the 
Crown attorney. In my view that is an error. A 
report to a supervisor or physician does not 
constitute a report as required by section 41 of The 
Child Welfare Act . 

In summary Mr. Khattab and other employees 
of the hospital should have made a report to the 
Society or Crown attorney in March, 1975. 

In August and September, 1975 the hospital 
and its staff acted reasonably, properly and 
effectively in Kim's best interests. They ensured 
her safety. They advised the Sarnia Police Force and 
that led to the intervention by the Society. 

The role of The Lambton Health Unit in 
Kim's life, reviewed in Chapter XXII, was brief and 
intermittent. It would seem that The Lambton Health 
Unit has no special legislative power or authority in 
cases of child abuse. On June 16, 1975 Dr. Jumean 
spoke by telephone with Dr. Duncan to advise her of 
the suggestion that Kim had been abused. Dr. Duncan 



1159 



did not make any report to the Society or Crown 
Attorney, but, in the circumstances, that would 
appear to be of little significance. 

While I have expressed some criticism of 
The Lambton Health Unit, it does not seem likely that 
The Lambton Health Unit could have averted Kim's 
tragedy. To the credit of The Lambton Health Unit, 
Dr. Duncan joined with others after August 11, 1976 
to ensure that Karie was protected despite Mrs. 
Harvey's initial demurrer. 

The involvement of the Office of the Crown 
Attorney of the County of Lam.bton in Kim's life is 
reviewed in Chapter XXIII. That involvement began in 
September and October, 1975 when the Crown Attorney 
soundly and reasonably advised the Sarnia Police 
Force that Annals Popen and Jennifer Popen be charged 
under section 40 of The Child Welfare Act rather than 
under the Criminal Code . The Office of the Crown 
Attorney bears some responsibility for the delays 
resulting from that charge being presented in 
provincial court (criminal division) rather than 
provincial court (family division) and from the non- 
attendance of at least one essential witness. 

I am satisfied that the Crown Attorney 
acted reasonably and properly in relation to Mr. 
Higgins' letter containing a proposal for the 
disposition of the charge against Annals Popen and 
Jennifer Popen. However Mr. Lang seemed to have 
overlooked the basis of his original advice to the 
police. He had advised the police that, because of 
problems of proof, a charge under section 40 of T he 
Child Welfare Act was more appropriate than a charge 
o"? assault under the Criminal Code. In any event 
both the Society and the police did not oppose the 
arrangement. 

I am satisfied that the professional staff 
of the Office of the Crown Attorney was not 
sufficiently large to enable it to meet all of the 
requirements for attendance in various courts, in- 
cluding preparation for trials in provincial courts. 
That was a factor in the assignment of the case to 
Mr. Hibberd without adequate opportunity for him to 
prepare for the hearing and to apprise himself of all 
details of fact and of law. He approached the trial 
with some misconceptions. 



1160 



After Kim's death Mr. Lang, with others, 
was able to persuade Mrs. Harvey to remove Karie from 
the Popen home. However it should be noted that the 
provisions of section 21 of T he Child Welfar e Act 
would have enabled the police to effect that removal 
even without the Society. 

Chapter XXIV contains some comment upon the 
function of the Provincial Court (Family Division) of 
the County of Lambton. From time to time when 
matters relating to Kim were scheduled for hearing or 
trial, adjournments were necessary because one or 
both parties to the proceedings was or were not 
prepared or able to proceed. However it was clear 
that, because of the pressures upon the Court and the 
lone Judge sitting in both the County of Lambton and 
the County of Kent, such adjournments were for quite 
long times. Lengthy adjournments are not desirable 
in such matters. 

By reason of the paucity of testimony, the 
Court was not given the benefit of all that was 
adduced upon the Inquiry. Attention was diverted 
from Jennifer Popen to Annals Popen. Despite that 
handicap and despite Mrs. Harvey's submission that 
wardship for two months was appropriate Judge 
Nighswander placed Kim in the care of the Society for 
six months and gave extensive reasons for judgement. 
His judgement was described as being strong. It was 
due to his own talents and experience rather than 
anything the Society had done. 

Chapter XXV contains comment upon the 
slight role of the community in Kim's case. Few 
members of the community testified upon the Inquiry. 
It would seem that, as had been noted elsewhere, 
private citizens preferred not to become involved in 
cases of child abuse by reporting any observations 
which might tend to indicate that a child was or had 
been abused. Highly publicized cases, such as Kim's, 
may bring about some change. 

Francis Kameka saw Jennifer Popen slap Kim 
and he saw some minor injuries suffered by Kim. He 
did not believe Jennifer Popen's explanation for 
those injuries, but he made no report to anyone. I 
do not think the information he had would necessitate 
any report. 



1161 



Mrs. Fay Popen did bring Kim to Dr. Jumean 
and told him of her concern for Kim's safety. She 
acted responsibly, but not in compliance with The 
Child Welfare Act because she reported only to Dr . 
Jumean and not to the Society or Crown Attorney. Her 
actions led Dr. Jumean to telephone the Sarnia Police 
Force ten days later and that led to a report to the 
Society the following day. I reject Jennifer Popen's 
testimony that Fay Popen had ulterior selfish 
motives . 

Douglas Vandenberghe and his wife, Judith, 
were friends and neighbours of Annals Popen and 
Jennifer Popen. Particularly in the last few weeks 
of Kim's life they were aware of injuries suffered by 
Kim and discussed them privately. They were aware of 
some of the incidents of abuse to Kim. They made no 
report to anyone. In my view while Mr. Vandenberghe 
would have been justified in reporting the matter to 
the Society or Crown Attorney in 1976, his infor- 
mation was not such as to require him to do so. Mrs. 
Vandenberghe • s information was such that she should 
have made a report upon it to the Society or Crown 
Attorney. I do not think any report by Mr. or Mrs. 
Vandenberghe in July or August, 1976 would have 
affected the course of events. 

Deborah Ginn, a baby-sitter, saw some inju- 
ries or marks on Kim, but she was not in possession 
of information such as would require her to report to 
a children's aid society or Crown attorney. 

Chapter XXVI is a long chapter of comment 
upon the role of the Ministry of Community and Social 
Services. In my view the Ministry and its personnel 
failed to fulfill the various duties imposed upon the 
Ministry by The Child Welfare Act . 

The Ministry maintained an intense interest 
in the financial affairs of the Society. Mr. 
Macdonald testified that the provision of funds to 
children's aid societies was the primary role of the 
Ministry under The Child Welfare Act . 

The Director appointed under The_Chi^J^d 
^£il.^£^_:^£^ was, at all material times, Mr. 
Macdonald, an officer and employee of the Ministry. 
He did not fulfill his statutory duty to advise, 
supervise and inspect the Society. In part at least 



1162 



that failure was attributable to changes within the 
Ministry whereby qualified workers employed in such 
duties were not replaced when they left the 
particular Branch of the Ministry. The Ministry did 
not retain a sufficient number of employees qualified 
to advise, inspect and supervise the children's aid 
societies. 

The Ministry maintained a Central Registry 
of Child Abuse. It was of no practical use, at least 
in Kim's case. Even Mr. Macdonald described it as 
having been "in limbo" since 1967. Others who 
reviewed its operation concluded that it was in- 
effective . 

Reports from the Society to that Central 
Registry in September, 1975 and April, 1976 were such 
as would have led qualified social workers employed 
by the Ministry to intervene in the management of 
Kim's case if they read the reports. No such 
qualified employee of the Ministry read those reports 
during Kim's lifetime. 

Even after Kim's death and the report 
thereof to the Central Registry the Ministry was not 
stirred to much action. 

I am satisfied that if a children's aid 
society sought specific advice from the Ministry 
during the years of Kim's life, one of the two 
employees charged with assisting the fifty societies 
would have responded. That however would not satisfy 
the duty upon the Ministry, through the Director, to 
advise, supervise and inspect the societies. The 
Ministry should have been advising, supervising and 
inspecting the societies without any request from any 
society and, if necessary, over the protests of a 
society. 

Much of the Ministry's communication with 
children's aid societies was directed to the local 
directors of the societies. While the Ministry had 
prepared an assessment of Mr. Lovatt's qualifications 
for the position of Local Director prior to his 
appointment it did not furnish a copy thereof to the 
Society. It did not at any later time advise the 
Society of any real or apparent or apprehended 
weaknesses or deficiencies in its organization, 
administration or personnel. 



1163 



From several witnesses I heard of a 
pervasive concern within the Society relative to 
finances. The Ministry seemed to share that concern. 
Some of its procedures for submission of estimates of 
expenditures, especially in the years of Kim's life, 
would tend to enhance such concerns. The procedures 
were time consuming and burdensome. They created 
suspense and tension long into each year, especially 
in 1976 the last months of Kim's short life. In that 
year they were unreasonable, impractical and un- 
attainable. Even the Ministry could not do what it 
asked the societies to do, that is, maintain levels 
of service, but spend proportionately less money 
doing so, bearing in mind the rate of inflation. 

The failure of the Ministry to provide 
standards of service for use by the societies in 
various cases is an extension of the Ministry's 
default in its duty to advise the societies. 

The Ministry of Correctional Services had 
relatively slight involvement in Kim's case. It is 
reviewed in Chapter XXVII. Mr. Brouwer prepared a 
pre-sentence report upon Annals Popen in February and 
March, 1976. He obtained information from only a few 
sources some of which were of dubious reliability. 
As a result the pre-sentence report is not as helpful 
as it might have been. To the credit of himself and 
the Ministry he did obtain a letter and memorandum 
from Dr. Curtin expressing opinion and comment upon 
both Annals Popen and Jennifer Popen. But no one 
acted upon Dr. Curtin's suggestion that further or 
other investigations might be helpful. No one 
specifically advised the Society of the contents of 
Dr. Curtin's report. 

Understandably Mr. Brouwer confined his 
contact with the Popen family from March, 1976 so 
that he met only Annals Popen. He did not direct 
Annals Popen into any particular activity in relation 
to his problem with alcohol. He accepted what Annals 
Popen and the Society chose. In June, 1976, while 
retaining responsibility for the case, he assigned a 
volunteer, Mrs, Maughan, to provide day-to-day 
supervision to Annals Popen. Mr. Brouwer correctly 
regarded protection of Kim as being an adjunct of his 
own duties in relation to supervision of Annals 
Popen' s term of probation. 



1164 



Mrs. Maughan voiced some concern or doubt 
as to conditions in the Popen home. The Ministry 
gave her no real guidance. Her concerns were not 
expressed to the Society. I do not think that lack 
of communication v^as material to Kim's death. 

Unfortunately it was not until August 8, 
1976 that Mrs. Maughan decided to speak to Mrs. Lo . 
She did not have any such conversation before Kim 
died. Such a discussion might have been helpful. It 
should have been arranged. If nothing else it might 
have exposed Jennifer Popen' s tactic of criticising 
the personnel of one agency when talking with a 
representative of another. It might have prevented 
Mrs. Maughan from unwittingly expressing under- 
standing of Jennifer Popen's complaints. 

In Chapter XXVIII I examine the reports of 
the Farina Committee and the testimony of its 
members. These were well-qualified, trained, ex- 
perienced and practical persons. They quickly found 
and reported upon a multitude of weaknesses and 
deficiencies within the Society, its organization, 
administration, management, personnel, procedures, 
policies and recording. They criticised the Ministry 
of Community and Social Services. Their comments, 
written and oral, have assisted me. Many of the 
matters dealt with in their reports and testimony 
were mentioned in or demonstrated by other testimony 
upon the Inquiry. It was unfortunate that the Farina 
Committee had redrawn its report after receiving 
comment thereon from officials of the Ministry of 
Community and Social Services. 

In summary the Farina Committee found that 
the Society made grievous errors in the management of 
Kim's case from June 17, 1975 to August 11, 1976. 
They regarded some decisions as indefensible upon the 
basis of normal and usual accepted standards of child 
care practices. 

The Farina Committee felt that in large 
measure the problems within the Society were 
attributable to lack of leadership by Mr. Lovatt and 
misguided leadership by Mrs. Harvey. 

Chapter XXX contains a review of the 
testimony of Dr. Turner and Dr. Bates. They appeared 
as witnesses at my invitation to give me the benefit 



1165 



1166 



Chapter XXXII 

Summary of Recommendations 



Throughout this Chapter I refer to The 
Child Welfare Act , The Child Welfare, 197 8 and the 
Child Welfare Act . In doing so unless the context 
indicates otherwise, I have used section numbers as 
they were in 1975 and 1976. I am aware of the 
legislation enacted in 1978, T he Child Welfare Ac t, 
1978 and the subsequent revisTon of the sTatutes in 
1980 so that the present legislation is the C hil d 
Welfare Act . Regulations made under the leg islat ion 
have been treated in similar fashion. 

Counsel to the Inquiry has prepared a table 
of concordance of the legislation and regulations as 
they were in 1975 and 1976 and as they are in the 
Revised Statutes of Ontario, 1980 and Revised 
Regulations of Ontario, 1980. That table appears 
immediately after this note of explanation. 

Any recommendation for amendment of the 
legislation or regulations, even though it is stated 
as if it were applicable to the former legislation or 
regulations, is intended by me to relate to the 
corresponding portion of the present legislation and 
regulations or to what I perceive to be missing 
therefrom. 



1167 



TABLE OF CONCORDANCE 



R.S.O. 


1970, C.64 as 






R.I 


3.0. 


1980 


amended 


up to 1975 






c.( 


56 




s . 


1(a) 




amended 


by 


s. 


l(a] 




s . 


Kb) 




amended 


by 


s. 
s . 
s . 


1(1] 
Kb] 

l(c 


new 
new 


s. 


1(c) 




amended 


by 


s. 
s . 


l(d] 
l(e 


new 


s. 


1(d) 




amended 


by 


s. 


l(f] 




s. 


1(e) 




amended 


by 


s. 
s . 


Kg] 

l(h 


new 


s. 


1(f) 




amended 


by 


s. 


l(i] 




s. 


Kg) 








s. 


Kj^ 




s . 


1(h) 








s. 


l(k 




s. 


2(1) 


repealed 






s . 


2(1 


new 


s . 


2(2) 


(a) 


amended 


by 


s. 


2(2 


)(a) 


s . 


2(2) 


(b) 


amended 


by 


s. 


2(2 


(b) 


s . 


2(2) 


(c) 


amended 


by 


s. 


2(2^ 


(c) 


s . 


2(2) 


(d) 


amended 


by 


s. 


2(2] 


(d) 


s. 


2(2) 


(e) 


amended 


by 


s. 


2(2^ 


(e) 


s . 


2(2) 


(f) 


amended 


by 


s. 
s . 
s . 


2(2] 

2(2 

2(2 


(f) 
) (g ) new 

(h) new 


s. 


2(2) 


(g) 


amended 


by 


s. 


2(2] 


(i) 


s . 


2(3) 




amended 


by 


s. 


2(3, 




s . 


3(1) 


(a) 






s. 


3(1 


)(a) 


s . 


3(1) 


(b) 






s. 


3(1 


>(b) 


s . 


3(2) 




amended 


by 


s. 


3(2 




s . 


4(1) 




amended 


by 


s. 


4(1 




s . 


4(2) 




amended 


by 


s. 


4(2 




s . 


5 




amended 


by 


s. 


5 




s . 


6(1] 




amended 


by 


s. 


6(1 




s . 


6(2] 


(a) 


amended 


by 


s. 


6(2 


)(a) 


s . 


6(2] 


(b) 


amended 


by 


s. 


6(2 


)(b) 


s . 


6(2] 


(c) 


amended 


by 


s. 


6(2 


)(c) 


s . 


6(2] 


(d) 


amended 


by 


s. 


6(2 


)(d) 


s. 


6(2] 


(e) 


amended 


by 


s. 


6(2 


)(e) 


s . 


6(2] 


(f) 


amended 


by 


s. 


6(2 


)(f) 


s . 


6(2] 


(g) 


amended 


by 


s. 


6(2 


)(g) 



1168 



R.S.O. 1970, C.64 as 
amended up to 1975 

s. 6(2) (h) 
s. 6(3) 
s. 6(4) 

s. 7(1) 

s. 7(2) 

s. 7(3) 

s. 7(4) (a) (b) 

s. 7(5) 

s. 7(6) 

s. 7(7) 

s. 7(8) 

s. 8(1) 



s. 8(2) 
s. 8(3) 

s. 9(1) 
s. 9(2) 

s. 10(l)(a) 
s. 10(l)(b) 
s. 10(2) 
s. 10(3) 

s. 11(1) 
s. 11(2) 



R.S.O. 1980, 
c . 66 



s. 
s . 

s. 
s . 
s . 
s . 

s, 
s , 
s. 

s 
s 



11(3) 
11(5) 

11(4) 
11(6) 
11(7) 
11(8) 

11(9) 

11(10) 

11(11) 

12(1) 
12(2) 



amended by 
amended by 
amended by 



amended 
amended 
amended 
amended 
amended 
amended 
amended 



by 
by 
by 
by 
by 
by 
by 



amended by 



amended by 
amended by 

amended by 
amended by 



amended by 
amended by 

amended by 
amended by 
amended by 
amended by 

amended by 
amended by 
amended by 

amended by 
amended by 



s . 
s . 
s . 

s . 
s . 
s. 
s . 
s . 
s. 
s. 
s . 

s. 
s . 
s . 
s . 
s . 
s. 
s . 

s. 
s. 

s . 
s . 
s . 
s . 

s . 
s . 
s . 
s. 
s. 
s . 
s. 
s. 
s. 
s. 
s , 
s. 
s. 
s< 

s. 

s. 



6(2) (h) 
6(3) (a) (b) 
6(4) 

7(1) 

7(2) 

7(3) 

7(4) (a) (b) 

7(5) 

7(6) 

7(7) 

7(8) 

8(1) 

8(2) new 
8(3) new 
8(4) new 
8(5) new 
8(6) 
8(7) 

9(1) 
9(2) 

10(1) (a) 
10(1) (b) 
10(2) 
10(3) 

11(1) 
11(2) 
11(3) new 
12(1) 
12(2) 
12(3) new 
12(4) 
12(5) 
12(6) 
12(7) 
12(8) new 
12(9) 
12(10) 
, 12(11) 

. 13(1) 
. 13(2) 



1169 



R.S.O. 1970, C.64 as 
amended up to 1975 

s. 12(3) 

s. 13 repealed 

s. 14(1) 
s. 14(2) 

s. 15(1) 
s. 15(2) 

s. 16 repealed 

s. 17 

s. 18 

s. 19 

PART II 



20 
20 
20 
20 
20 
20 
20 
20 
20 
20 
20 
20 
20 

20 
20 
20 
20 
20 
20 
20 



s. 20 
s. 20 
s. 20 



(i) 

(ii) 
( iii 
(iv) 

(V) 

(vi) 
(vii 
(vii 
(ix) 

(X) 

(xi) 
(xii 



) 
i) 



amended by 



amended by 
amended by 

amended by 
amended by 



amended by 
amended by 
amended by 



amended by 
amended by 
amended by 
amended by 



amended by 
repealed 

amended by 
amended by 
amended by 
amended by 
amended by 



R.S.O. 1980, 
C.66 

s. 13(3) 



repealed 



repealed 



amended by 

amended by 
amended by 

amended by 
amended by 



s. 
s. 

s. 
s. 



14(1) 
14(2) 

15(1) 
15(2) 



s. 16 
s. 17 
s. 18 
PART II 



repealed 
repealed 



s. 


19 


.1) 


s. 


19 


(1) 


s. 


19 


(1) 


s. 


19 


[1) 


s. 


19 


[1) 


s. 


19 


:i) 


s. 


19 


.1) 


s. 


19 


.1) 


s. 


19 


.1) 


s. 


19 


[1) 


s. 


19 


[1) 


s. 


19 


.1) 


s. 


19( 


.1) 


s. 


19 


.1) 


s. 


19 


.1) 


s. 


19< 


1) 


s. 


19 


.1) 


s. 


19< 


2) 


s . 


19( 


3) 


s . 


19( 


4) 


s. 


20( 


1) 



g) 

new 
new 



i) 
ii) 
iii) 
iv) 

V) 

vi) 

vii ) 
viii 
ix) 

X) 

xi) 
new 



1170 



R.S.O. 1970, C.64 as 






R.i 


3.0. 1980, 


amended up to 1975 






c.( 


56 












s . 


20(2) 


new 










s . 


20(3) 


new 


s. 


21(1) 


amended 


by 


s. 
s . 


21(1) 
21(2) 


new 


s . 


21(2) 


amended 


by 


s. 


21(3) 




s . 


21(3) 


amended 


by 


s. 


21(4) 




s. 


22(1) 


amended 


by 


s. 
s . 


22(1) 
22(2) 


new 


s . 


22(2) 


amended 


by 


s. 


22(3) 




s . 


22(3) 


amended 


by 


s. 


22(4) 




s. 


22a(l) 


amended 


by 


s. 


23(1) 




s . 


22a(2) 


amended 


by 


s. 


23(2) 




s . 


22a(3) 






s. 


23(3) 




s . 


22a(4) 


amended 


by 


s. 


23(4) 




s . 


22a(5) 


amended 


by 


s. 


23(5) 




s . 


22a(6) 






s. 


23(6) 




s . 


22a(7) 


amended 


by 


s. 


23(7) 




s . 


22a(8) 


amended 


by 


s. 


23(8) 




s . 


23 


amended 


by 


s. 


24 




s . 


23a(l) repealed 












s . 


23a(2) 


amended 


by 


) s. 


25(1) 








amended 


by 


) s. 


25(4) 




s . 


23a(3) 


amended 


by 


s. 
s . 
s . 


25(2) 
25(3) 
25(5) 


new 
new 


s . 


23a(5) 






s . 
s . 
s . 
s . 
s . 
s . 


25(6) 

25(7) 

25(8) 

25(9) 

25(10) 

25(11) 


new 

new 

new 
new 
new 


s . 


23a(6) 


amended 


by 


s. 
s . 


25(12) 
25(13) 


new 


s. 


23a(7) 


amended 


by 


s. 
s . 
s . 
s . 


25(14) 
26(a) 
26(b) 
26(c) 


new 
new 
new 






" 




s . 
s . 
s . 


26(d) 
26(e) 
26(f) 


new 
new 
new 


s. 


24(1) 


amended 


by 


s. 


27(1) 




s . 


24(2) repealed 













1171 



R.S.O. 1970, C.64 as 
amended up to 1975 



R.S.O. 1980, 
c .66 

s. 27(2) new 



s. 25(1) 
s. 25(2) 
s. 25(3) 



s. 25(4) 

s. 25(4a) repealed 

s. 25(5) repealed 



amended 


by 


s. 


28( 


1) 




amended 


by 


s. 


28( 


2) 




amended 


by 


s. 


28( 


3) 








s . 


28( 


4) 


new 






s . 


28 


.5) 


new 






s . 


28 


.6) 


repealed 


amended 


by 


s. 


28( 


7) 





28 











s. 


28(9) 


new 










s . 


28(10 


) new 


s . 


25(7) 


amended 


by 


s. 


28(11 




s . 


25(8) 


amended 


by 


s. 


28(12 




s . 


25(9) repealed 












s. 


25(10) 


amended 


by 


s. 
s . 
s . 
s . 


28(13 
28(14 

28(15 
28(16 


) new 
) new 
) new 


s. 


25(11) 


amended 


by 


s. 
s . 
s. 
s . 
s . 
s. 


28(17 
29(1) 
29(2) 
29^3) 

29(4) 
29(5) 


new 
new 
new 

new 
new 


s . 


26(1) 


amended 


by 


s. 


30(1) 




s . 


26(2) 


amended 


by 


s. 


30(2) 




s . 


26(3) 


amended 


by 


s. 
s . 
s. 


30(3) 
30(4) 
30(5) 


new 
new 


s. 


27(1) 


amended 


by 


s. 
s . 


31(1) 
31(2) 


new 


s. 


27(2) 


amended 


by 


s. 


31(3) 




s . 


27(2a) 


amended 


by 


s. 


31(4) 




s . 


27(3) 


amended 


by 


s. 


31(5) 




s. 


27(4) 


amended 


by 


s. 


31(6) 




s. 


27(5) 


amended 


by 


s. 


32(1) 




s . 


27(6) repealed 






s . 


32(2) 


new 


s . 


27(8) 


amended 


by 


s. 


32(3) 




s . 


27(7) 


amended 


by 


s. 
s . 


32(4) 
32(5) 


new 



8 ) new 



1172 



R.S.O. 1970, C.64 as 
amended up to 1975 

s. 27(a) 



s. 28(1) repealed 
s. 28(2) 



s. 29 



s. 30 

s. 31(1) 
s. 31(2) 



s. 32(1) 
s. 32(la) 



s. 32(2) 
s. 32(3) 

s. 32(4) 







R.i 


3.0. 1980, 






c.( 


56 




amended 


by 


s. 


32(6) 








s . 


32(7) 


new 






s. 


3 3 new 






s. 


34 








s . 


35(1) 


new 






s . 


35(2) 


new 






s . 


35(3) 


new 


amended 


by 


s. 


35(4) 








s . 


35(5) 


new 






s. 


35(6) 


new 


amended 


by 


s. 


36 




amended 


by 


s. 


37(1) 




amended 


by 


s. 


37(2) 








s . 


37(3) 


new 






s. 


37(4) 


new 






s . 


37(5) 


new 






s . 


37(6) 


new 






s . 


38(1) 


new 


amended 


by 


s. 


38(2) 




amended 


by 


s. 


38(3) 








s . 


38(4) 


new 






s . 


38(5) 


new 






s . 


38(6) 


new 


amended 


by 


s. 


38(7) 




amended 


by 


s. 


38(8) 








s . 


38(9) 


new 



s. 3 9 new 



s. 33(1) amended by s. 40(1) 

s. 33(2) amended by s. 40(2) 

s. 34 amended by s. 41 

s. 3 5 amended by s. 4 2 

s. 36(1) amended by s. 43(1) 

s. 36(2) repealed 

s. 36(3) repealed 

s. 36(4) repealed 

1173 



R.i 


3.0. 1970, c,64 as 






R. 


S.O. 1980, 


amended up to 1975 




' 


c. 


66 




s . 


36(5) repealed 






s . 
s . 

s . 
s . 
s . 
s . 


43(2) 
43(3) 
43(4) 
43(5) 
43(6) 
43(7) 


new 
new 
new 
new 
new 
new 


s. 


36(6) 


amended 


by 


s. 


43(8) 




s . 


37(1) 


amended 


by 


s. 


44(1) 




s . 


37(2) 


amended 


by 


s. 


44(2) 




s. 


37(3) 


amended 


by 


s. 


44(3) 




s . 


37(4) 


amended 


by 


s. 


44(4) 




s . 


37(5) 


amended 


by 


s. 


44(5) 




s . 


37(6) 


amended 


by 


s. 


44(6) 




s. 


37(7) 


amended 


by 


s. 


44(7) 




s . 


38(1) 


amended 


by 


s. 


45(1) 




s. 


38(2) 


amended 


by 


s. 


45(2) 




s . 


38(3) 


amended 


by 


s. 


45(3) 




s. 


39(1) 


amended 


by 


s. 


46 




s . 


39(2) repealed 












\ 








s. 


47(1) 


new 


s. 


40(1) 


amended 


in) 


s. 


47^2) 




s . 


40(3) 


part by 


) 








s . 


40(1) 


amended 


by 


s. 


47(3) 




s . 


40(2)&(3) 


amended 


by 


s. 


48(1) 




s . 


40(2) 


amended 


by 


s. 
s . 


48(2) 
48(3) 


new 


s. 


41(1) 


amended 


by 


s. 
s . 


49(1) 
49(2) 


new 


s. 


41(2) 


amended 


by 


s. 
s . 
s . 
s . 
s. 
s. 


49(3) 
49(4) 
50(1) 
50(2) 
50(3) 
50(4) 


new 
new 
new 
new 
new 










s . 


51 new 










ss 


. 52(1, 


to 












52(21) new 


s . 


42(1) 


amended 


by 


s. 


53(1) 




s . 


42(2) 


amended 


by 


s. 


53(2) 




s. 


42(3) 


amended 


by 


s. 


53(3) 





1174 



R.S.O. 19 


• 70, C.64 as 






R.i 


3.0. 1980, 


amended up to 1975 






C.I 


66 


s. 43(1) 


repealed 










s. 43(2) 




amended 


by 


s. 


54(1) 


s. 43(3) 




amended 


by 


s. 


54(2) 


s. 43(4) 




amended 


by 


s. 


54(3) 


s. 43(5) 


repealed 










s. 44 




amended 


by 


s. 


55 


s. 45(1) 




amended 


by 


s. 


56(1) 


s. 45(2) 




amended 


by 


s. 


56(2) 


s. 45(3) 




amended 


by 


s. 


56(3) 


s. 45(4) 


repealed 










s. 46(1) 




amended 


by 


s. 


57(1) 


s. 46(2) 




amended 


by 


s. 
s . 
s . 
s . 
s . 


57(2) 
57(3) new 

57(4) new 
57(5) new 
57(6) new 


s. 46(3) 




amended 


by 


s. 


57(7) 


s. 47(1) 


) 


amended 


by 


s. 


58 


s. 47(2) 


) 










PART IV 








PART IV 


s. 89(1) 




amended 


by 


s. 


89(1) 


s. 89(2) 




amended 


by 


s. 


89(2) 


s. 90 repealed 


















s . 


9 new 










s . 


91 new 










s . 


92 new 










s . 


93 new 










s . 


94 new 










s . 


95 new 



1175 



TABLE OF CONCORDANCE 
FOR REGULATIONS 



Regulation 83 

as amended up to 1975 



1(a) 



s . 


l(l)(c) 






s. 


Kb) 






s . 


1(d) 






s . 


1(e) 






s . 


2(1) 






s. 


2(2)a 






s . 


2(2)b 


revoked 



4(1) 

4(2) 

4(3) 

4a(l) 

4a(2) 

4a(3) 

4b(l) 

4b(2) 

4b(3) 



4b(4) 
4b(5) 
4b(6) 
4b(7) 
4b(8) 



11(a) 
11(b) 
11(c) 

12(a) 
12(b) 

13(1)1 
13(1)2 



revoked 







Rec 


gulation 96, 






1980 




s . 


1(1) (a) new 






s . 


1(1) (b) new 






s. 


l(l)(c) 






s . 


1(1) (d) new 






s . 


l(l)(e) 


amended 


by 


s. 


8(l)(a) 


amended 


by 


s. 


16(1) (a) 


amended 


by 


s. 


16(l)(b) 


amended 


by 


s. 


6 






s . 


8(4) 


amended 


by 


s. 


7 


amended 


by 


s. 


8(2) 


amended 


by 


s. 


8(3) 


amended 


by 


s. 


9(1) 


amended 


by 


s. 


9(2) 


amended 


by 


s. 


9(3) 


amended 


by 


s. 


10(1) 


amended 


by 


s. 


10(2) 


amended 


by 


s. 


10(3) 






s . 


10(4) new 






s . 


10(5) new 


amended 


by 


s. 


10(6) 


amended 


by 


s. 


10(7) 


amended 


by 


s. 


10(8) 


amended 


by 


s. 


10(9) 


amended 


by 


s. 


10(10) 






s . 


11(11) new 






s. 


16(2) 






s. 


17(a) 






s. 


17(b) 






s . 


18(a) 






s. 


18(b) 






s. 


19(1) 






s. 


19(2) 



1176 



Regulation 83 Regulation 96, 
as amended up to 1975 1980 

s. 13(1)3 s. 19(3) 

s. 13(1)4 s. 19(4) 

s. 13(1)5 s. 19(5) 

s. 13(1)6 s. 19(6) 

s. 13(2) revoked 

See also Regulation 97 for 1980 particularly s.l and 

s . 2 . 

s. 14(1) amended by s. 20(1) 

s. 14(2) amended by s. 20(2) 

s. 15(1) amended by s. 21 

s. 15(2) revoked 

s. 16 (see below) 

s. 17 (see be lew) 

s. 18 (see below) 

s. 23(a) 
s. 23(b) 
s. 23(c) 

s. 24 



s. 16 

s. 17 

s. 18(1) 

s. 18(2) 







s . 


22(a) 






s. 


22(b) 


amended 


by 


s. 


22(c) 


amended 


by 


s. 


23 






s . 


24 new 






s . 


25 new 






s . 


26 new 






s . 


27 new 






s . 


28 new 






Regulation 97, 






1980 




s . 


3 






s . 


4 


amended 


by 


s. 


5(1) 


amended 


by 


s. 


5(2) 






s . 


8 new 



1177 



"...unless we provide better teams and 
better investigation, children are going to 
go on being abused and beaten and hurt and 
warped- and that whole cycle of abuse is 
going to go on and on and on for decades 

because our present approach to child abuse 
is a stop-gap. It's a patch-type work." 
- Dr. Robert Bates in testimony 
October 18, 1978. 



1178 



There was testimony that child abuse is not 
a new phenomenon. It has existed since ancient 
times. It is not a local or regional problem. It 
exists throughout the world although there may be 
many varying definitions of conduct which constitutes 
child abuse. Communities, societies, regions and 
nations may have varying tolerances in respect of the 
care and well-being of children. Treatment of a 
child which one may regard as being acceptable may be 
unacceptable in another. 

Many of the witnesses who appeared upon the 
Inquiry were good enough to set forth recommendations 
which they felt might, if implemented, assist those 
working in the field of child v/elfare and, through 
them, the children and families whom they served. 
Some of those witnesses were well qualified by edu- 
cation, training and experience in particular fields, 
such as law, medicine and social work, which had 
directly affected Kim's life. Their recommendations 
were more broadly based than those of others who had 
less or other training, skills and experience and 
whose recommendations were based on their own 
personal experience in relation to cases of child 
abuse, which experience may have been limited to 
Kim's case alone. 

The recommendations were many and varied. 
Some, from two or more witnesses, seemed to express 
much the same thought, but with differences of 
phrasing, sequence or emphasis. Some, from two or 
more witnesses, seemed to express conflicting 
opinions. It is not my intention to ascribe to any 
witness or source any recommendation set forth herein 
unless it can clearly be associated with that witness 
or source. If convenient, I will sometimes mention 
portions of testimony or documents which appear to me 
to be relevant to a recommendation I am about to 
write. 

The recommendations I make have many bases. 
Some will reflect, in whole or in part, the view or 
opinion expressly stated by one witness. Some will 
reflect a composite of the views or opinions 
expressly stated by two or more witnesses, whether or 
not their views or opinions were entirely to the same 
effect. Some will reflect views or opinions which I 
felt were inherent, but not expressly stated, in the 
testimony of one or more of the witnesses. Some will 



1179 



reflect my own views and opinions based upon all of 
the testimony presented upon the Inquiry. 

Throughout these recommendations there will 
be many references to the Ministry of Community and 
Social Services and the Minister of Community and 
Social Services. In the interests of brevity I shall 
usually call that Ministry the "Ministry" and that 
Minister the "Minister." 

I have attempted to arrange the recommen- 
dations in a number of rather loosely related 
groupings based on subject matter or the person, 
official, institution or organization to whom or to 
which the recommendation is most pertinent. 



1180 



RECOMMENDATION #1 

A consistent theme throughout the testimony 
emphasized the need for co-operation to achieve the 

desired goal to protect children by preventing abuse 
or by reducing the number of incidents of abuse and 
successfully managing and treating those incidents 
which do occur. 

While a recommendation may suggest that one 
person, authority, official, institution or 
organization be responsible for some particular 
action, it should be read as being addressed to all 
who are concerned about the protection and care of 
children. It should be read as suggesting that 
everyone co-operate to achieve the intention of the 
recommendation. It should be read as suggesting that 
appropriate steps be taken to obtain any legislative 
or regulatory action or amendment which may be 
required to achieve the intention of the 
recommendation. 

Mr. Charko was one witness who spoke of the 
need for co-operation. He said there was a need for 
increased co-operation between the boards of 
directors of the children's aid societies and the 
Ministry. He recognized the right of each board of 
directors to act independently, but he suggested it 
should be willing to co-operate with the Ministry if 
to do so would lead to the provision of better 
service to the community. 

It would seem to me that any responsible 
board of directors of a children's aid society would 
accept that as a general principle. 

I would think too that responsible 
officials of the Ministry, including the Minister, 
would accept the converse, namely that the Ministry 
should be willing to co-operate with the board of 
directors of the local children's aid society if to 
do so would lead to the provision of better service 
to the community. 

I would also expect that everyone else 
interested in the protection, care and welfare of 
children would accept the same principle. 



1181 



The need for such co-operation is so basic 
and self-evident that it would not ordinarily require 
expression as a recommendation of the Report. But 
Kim's case was unusual. Other equally obvious things 
were ignored or neglected; so I propose the next 
recommendation simply as an expression of reaffir- 
mation of the obvious so that, hopefully, it will 
remain obvious to everyone working to protect 
children from abuse. 

i. I RECOMMEND THAT all concerned 

with the protection, care and 
welfare of children approach 
their respect ive tasks and duties 
in a spirit of voluntary co- 
operation with one another and 
others so as to ensure the best 
poss ible service to children and 
f amil ies in each community , 



1182 



RECOMMENDATION #2 

Throughout the recommendations both the 
word "abuse" and the expression "child abuse" are 
intended by me to have the broadest of meanings, 
unless in the context of the particular comment some 
limitation is indicated. 

Section 47 of the present Child Welfare Act 
contains a definition of "abuse" which , to my mind , 
is unduly restrictive. It is limited to physical 
harm, sexual molestation and malnutrition or mental 
ill-health of a degree that if not immediately reme- 
died could seriously impair growth and development or 
result in permanent injury or death. 

The testimony upon the Inquiry satisfied me 
that abuse of children can be in many forms and of 
many degrees of gravity and it can have many results 
of varying degrees of gravity. It has many 
subtleties. 

Kim suffered sexual molestation and 
physical harm which killed her. Dr. Bates expressed 
the suggestion that, had Kim survived those injuries, 
other harm resulting from them, harm that was not 
physical, might have been more serious and long- 
lasting than the physical harm. 

He spoke of the cycle of abuse and one of 
its features whereby victims of abuse often in later 
life required detention in mental health facilities. 
There was reference to the difficulties which persons 
who were abused as children have in later life, 
particularly as parents. 

The present legislation makes it an offence 
to inflict abuse, as defined in the Act, upon a child 
or to abandon or desert the child. It does not make 
it an offence to inflict other types of abuse upon a 
child. Even extreme neglect is not an offence unless 
it causes physical harm, malnutrition or mental 
ill-health to the degree set forth in the statutory 
definition of abuse. 

Section 29 of the new legislation provides 
for examination of a child who has been found to be a 
child in need of protection to determine whether the 
child has suffered any of a list of impairments. 



1183 



namely, medical, emotional, developmental, psycho- 
logical, educational or social. Psychiatric or 
mental ill-health would seem to be an appropriate 
addition thereto. 

In my view to treat or neglect a child in 
such a way as to cause any such impairment or any 
other impairment should be stated to be abuse of the 
child . 

Recognizing the great range of abuse in its 
many forms, its varying degrees of gravity and the 
variety of results that flow therefrom, it would seem 
to me that, once an instance of abuse has been 
established in a court, it will be for the court to 
determine what subsequent disposition of the case 
should follow. I would view the process to be 
similar to that of deciding upon the sentence or 
other disposition to follow a finding of guilt in a 
criminal matter. Each case will be unique and will 
require individual consideration of each of its 
elements and the sum of them. 

2. I THEREFORE RECOMMEND that the 

Ministry seek ame ndme nt of the 
Child Welfare Act so as to pro- 
vide that "abuse" includes a 
condition of impairment of a 
child whether it be medical, 
emotional, developmental, 
psychological, psychiatric, 
educational , social or other. 



1184 



RECOMMENDATION #3 

Only a supreme optimist might think that 
child abuse will be entirely eradicated in the 
forseeable future. Certainly it can be diminished. 
For that reason I wish to give prominence to a group 
of recommendations which are directed towards the 
prevention of abuse. Other related recommendations 
are directed towards the detection of abuse when it 
has occurred and then the management of cases arising 
therefrom and the treatment of children and families 
involved therein. 

Prevention of child abuse was a part of 
several of the recommendations or suggestions made by 
witnesses. Some stressed prevention as being the 
most important aspect of their proposals. They said 
prevention of abuse and efforts to prevent abuse 
presented the greatest hope for achieving the 
greatest benefit for the greatest number of people, 
children and families alike, with a smaller 
expenditure of money and human resources than would 
be required if other methods were employed to try to 
deal with the problem. 

While witnesses used the word "prevention" 
I was and am satisfied that they felt that child 
abuse will not likely be entirely eliminated. V7hen 
witnesses spoke of prevention their thoughts appeared 
to me to be directed towards the prevention of some 
incidents of abuse and the control or limitation of 
abuse in a general sense. 

Abuse may not be prevented in the sense 
that no child will be abused. But the number of 
children who will be abused can be reduced and the 
severity of their abuse can be lessened. Those who 
think in terms of eradication should be encouraged. 
Even though their goal is not attained every step 
towards it improves the lot of children in our 
communities. 

It must not escape notice that any 
recommendation seeking prevention or limitation of 
abuse of children is not novel. Recommendations to 
similar effect have been made in some of the general 
literature upon the subject. More importantly such 
recommendations have been made in reports resulting 
from studies commissioned by or on behalf of the 



1185 



Ministry. It was the Minister then responsible for 
that Ministry who ordered that this Inquiry be 
conducted. It is the present Minister to whom this 
Report will be delivered. It is he who must then 
consider it and bear a large part of the burden of 
implementing the recommendations set forth herein. 

A sense of frustration must have been 
engendered in the authors of such earlier reports 
when, years after making their reports, they read or 
heard news reports upon this Inquiry indicating that 
witnesses were still asking for the establishment and 
operation of such programmes and were suggesting that 
little, if anything, had been done to implement the 
recommendations of the earlier reports. 

The tenor of the testimony upon the Inquiry 
leads me to believe that any response to or 
recognition of such earlier recommendations had, in 
the view of many of the witnesses, been insufficient 
and lacking in effectiveness, if indeed there had 
been any response or recognition at all. It would be 
unfortunate if my restatement of earlier and other 
recommendations, perhaps with some variation thereof 
in the light of Kim's case, should go unheeded. 

I think it would be a very worthwhile 
exercise for the present Minister to take upon 
himself a study to ascertain what, if anything, has 
really been done, as opposed to talked about, by the 
Ministry to establish or encourage such programmes as 
a result of the testimony upon the Inquiry, including 
the many references to earlier reports and studies. 
The Minister might also care to review the testimony 
of officials of the Ministry as to what the Ministry 
was planning or even had implemented so as to satisfy 
himself as to whether anything so planned has been 
begun, if not, why not and, if begun, has been 
maintained and if not, why not. 

As an extension of that it might be of 
interest, and perhaps of surprise, to the Minister 
were he to establish and maintain a programme to be 
operated by his personal staff as distinguished from 
the staff of the Ministry who ordinarily deal with 
the children's aid societies. That programme should 
invite frank comment from the children's aid 
societies, through the board of directors and local 
directors, upon the performance or delivery of child 



1186 



welfare services by the Ministry. It should invite 
suggestions for improvement, extension, reduction or 
other changes. 

I am not approaching this as a means to 
assess one employee's work, but rather the over-all 
function and philosophy of the Ministry as they are 
perceived by the societies. 

I make that suggestion to the Minister 
because of testimony in relation to correspondence 
written by one of his predecessors in office. It was 
said that the particular correspondence was not 
prepared as part of the Ministry's correspondence and 
thus it was not open to explanation or interpretation 
by staff of the Ministry. That would suggest that, 
at least in the term of that predecessor in office, 
there was some lack of communication or even of 
understanding within the Ministry and between the 
Minister and the staff of the Ministry. 

I write that in the full knowledge that the 
Ministry was represented by counsel throughout the 
Inquiry and that other professional staff of the 
Ministry testified upon the Inquiry and were 
interested in its proceedings and were observers 
thereof from time to time. They must have been 
impressed by the need for attention to many of the 
matters mentioned in earlier reports and in the 
testimony upon this Inquiry. The testimony as to the 
Ministry's response to the Garber Report would tend 
to establish that. 

When I write of the Minister's inquiring as 
to what has really been done, I am ever drawn to the 
words of Petronius and their application to what had 
occurred in the Ministry on earlier occasions. I 
would hope that the present Minister will be able to 
differentiate between concrete or real action or 
development and actions or words which demonstrate 
the application of Petronius' comment. 

Petronius' comment is set out in the main 
portion of this Report, but, for the benefit of those 
who may read only this Chapter of the Report, it is 
appropriate that it be repeated here. That comment 
was : 



1187 



"We trained hard, but every time we were 
beginning to form up into teams we would be 
re-organized and I was to learn later in 
life that we tend to meet any new situation 
by re-organizing and a wonderful method it 
can be for creating the illusion of 
progress while producing inefficiency and 
demoralization. " 

I accept and endorse Dr. Bates' statement 
that our children are our most precious commodity. 
Some, such as Kim, have not received the care and 
protection that they should have. In the spring of 
1978, Mr. Zwerver could not assure the Board of 
Directors of the Society that there were not other 
instances where children had not been or were not 

being well served by the Society. 

Dr. Bates is so clearly a person who, not 
only because of his professional knowledge, skill and 
experience as a'physician and paediatrician, is 
concerned about the welfare of persons in our society 
and particularly the children. His sincerity in his 
beliefs and opinions made his testimony an effective 
plea on behalf of children. 

Like other witnesses Dr. Bates spoke of 
various aspects of the problem of child abuse 
including some of the matters to which workers in the 
field should be alert. He spoke of the continuum of 
child abuse, a progression in some instances from a 
beginning of failure to thrive to an incident of 
bruising or a broken arm to, perhaps, death. 

Dr. Bates expressed doubt that "child abuse 
is a one shot thing." He felt that, apart from a 
situation of acute crisis in the home, abuse arose 
from a problem of some long standing and occurred 
when a crisis existed. In some instances the abused 
child was the crisis. 

What Dr. Bates spoke of was inherent in 
what Dr. Singh wrote about Kim in March, 1975 when 
she was first in hospital as a result of the fracture 
of her left arm. After describing that injury as 
"extremely unusual" in the circumstances described by 
Jennifer Popen and after stating his suspicion of the 
presence of the battered child syndrome. Dr. Singh 
wrote, 



1188 



" . . .if we do not protect this child at the 
present stage, she might end up with a 
fractured skull or some other fractures 
later on in her life." 

Dr. Bates also spoke of the cycle of child 
abuse. Others did not use that expression, but 
clearly all had observed or learned of what Dr. Bates 
described. He spoke of instances where persons who 
had been abused in childhood became abusing parents. 
He said that not every abused child becomes an 
abusing parent. Other factors are involved. He did 
say 

"...every parent who batters has been 
abused as a child and I'm sure that a lot 
of the inmates in Penetang [Mental Health 
Centre, Pe ne t angu i shene ] , perhaps the 
majority of them have been abused as a 
child. This is what Dr. Elliot Barker 
feels from that centre." 

Dr. Bates testified that it was necessary 
to break that cycle. He felt it could be achieved by 
prevention programmes. He envisioned a broad range 
of programmes which might be so categorized. In many 
instances as he suggested such a programme he related 
some incident in Kim's life to illustrate the need 
for the particular programme. 

Dr. Bates made it clear that he recognized 
that the rate of success of any such programmes may 
be small in the sense of curing those who abuse 
children. But he felt the programmes could reduce 
child abuse in its several forms. 

Dr. Bates, like others, emphasized the need 
for such preventive programmes to be devised and 
operated by teams of workers representing various 
disciplines, professions, institutions and agencies 
within the various communities. Some whom he 
mentioned as being able to contribute to the success 
of any such programmes were children's aid societies, 
police forces, hospitals, medical personnel, school 
teachers, day care workers, public health nurses, 
churches, those who instruct courses in preparation 
for marriage and groups such as Parents Anonymous. I 
am sure there are many others whom he could have 
mentioned. 



1189 



Dr. Bates spoke of various factors which, 
if present in a child's home, might enable a trained 
and skilled observer to determine that that child 
might be what Dr. Bates called a high-risk child. He 
felt that from such a determination it might be pre-' 
dieted that that child is likely to be abused unless 
appropriate action is taken to prevent that 
happening . 

Dr. Bates testified that the presence of 
such factors could be determined only by careful and 
thorough investigation of the parents and the child, 
their history, their health, their marriage and their 
background. Some investigation would require 
professional assessment of the parents and the child 
by psychiatrists and psychologists. 

Mrs. Harvey, Mr. Lovatt and Mr. Carter 
testified as to the need for such preventive 
programmes . 

Mrs. Harvey expressed her recommendation 
that preventive services be given priority. She 
spoke of the co-ordination of such services in the 
community. She felt that the Ministry should give 
leadership. 

At the beginning of this Chapter I set 
forth an excerpt from Dr. Bates' testimony on October 
18, 1978. Earlier, on August 17, 1978, Mrs. Harvey, 
speaking of the need for leadership by the Ministry, 
used words not unlike those of Dr. Bates, when she 
said that children's aid societies have to give too 
much of a band-aid type of service. 

Mr. Lovatt in his testimony expressed 
agreement with a statement in the Report on Selected 
Issues and Relationships prepared by The Task Force 
on Community and Social Services, the Hanson Report 
of January, 1974. That statement was to the effect 
that The Child Wel fa re Ac t gave to children's aid 
societies a mandate to develop preventive services 
and that the mandate had been fulfilled in varying 
degrees. He agreed with the further statement that 
the trend to that fulfilment should be strongly 
reinforced. 

Mr. Carter in his testimony expressed the 
hope that "the government", by which, I presume he 



1190 



meant the Ministry, "would acknowledge and provide 
for prevention services." He said that little was 
spent on prevention, including improvement of 
resources within the communities, such as development 
of multi-disciplinary teams. 

The rationale of such testimony and recom- 
mendations seems to me to be at least similar to that 
of the twentieth and twenty-first recommendations set 
forth in the Garber Report. Those recommendations 
were to the effect that the curricula for the train- 
ing of persons for careers in various professions 
include appropriate training in child abuse to enable 
the practitioners to be aware of child abuse indi- 
cators, assessment methods and referral strategies. 
The recommendations also were to the effect that the 
Ministry provide training for child abuse personnel. 

The concept of the importance of prevention 
as a tool to combat the incidence of child abuse is 
not unique to knowledgeable persons in Ontario. In 
the fourth edition of their work entitled The 
Maltreated Child, published in 1979, Doctors Fontana 
and Besharov wrote of many of the matters described 
by Dr. Bates. 

They wrote of delivery of appropriate child 
care "especially in dealing with the prenatal and 
postnatal care of 'high risk' matters." That obser- 
vation would appear to be applicable to Kim's case 
and particularly the days of her lifetime after the 
birth of Karie. No one who should have been aware of 
the possibility of postnatal problems recorded any 
concern for the effect that Karie's birth might have 
had upon Kim's care, apart from some minor considera- 
tion of the time when she should be returned to her 
parents. Only after her death did anyone write of 
the possibility of post-partum depression as possibly 
being a factor in Kim's case. That was not written 
by anyone within the Society or in any way involved 
in Kim's care during her lifetime. 

Doctors Fontana and Besharov wrote of 
inadequate medical preventive services. It would 
seem that expression would apply to Kim's case if 
indeed there were any, let alone adequate, medical 
preventive services in relation to Kim. 



1191 



Doctors Fontana and Besharov wrote of the 
need to develop child abuse preventive programmes for 
the high risk population. That would appear to be 
the same group whom Dr. Bates described as high risk 
children. As Dr. Bates testified, they wrote of 
encouraging parents to participate in preventive 
programmes and of providing support to parents. As 
Dr. Bates testified, they wrote of means of 
identifying high risk categories of children. 

In summary they wrote: 

"Prevention is a community responsibility 
and one of the most effective means of 
alleviating child abuse in this country. 
Education, particularly for parents, will 
reduce the massive alienation of parents 
and children which causes family crisis, 
breakdown, intraf amilial violence and sub- 
sequent child abuse." 

Upon the testimony it was apparent to me 
that, as in Kim's case, because of its very nature, 
child abuse is usually committed in private, without 
witnesses, upon victims who, because of age or 
relationships to their abusers, are unable or 
unwilling to complain. 

It was equally apparent to me that the 
complete eradication of child abuse was Utopian, but 
not practically attainable. Nonetheless those who 
strive for Utopia should be encouraged. We should be 
able at least to approach that goal. 

With full recognition of any such 
limitation which may exist, my next recommendation 
reflects the testimony and literature above 
mentioned. I believe it to be the most important of 
all of the recommendations in this Report. Some of 
the subsequent recommendations are intended to expand 
upon the basis of this recommendation and to 
supplement it. 

3, I RECOMMEND THAT the Ministry and 

children' s aid soc iet ie s devise, 
establish, maintain and operate 
continuing programmes and 
services to prevent or reduce the 
incidence of child abuse in 



1192 



Ontario, The Ministry should 
maintain an ongoing assessment of 
such programmes and services to 
ensure that they reflect the best 
of current professional opinion 
and practice. The Ministry 
should not act in isolation, hut 
should secure the co-operation, 
assistance and advice of other 
Ministries of Gove r nment and of 

children's aid societies, 
professional associations, 
inst itut ions and agencies such as 
police, hospitals, physicians, 
public health nurses, schools and 
social workers , and of knowledge- 
able and interested persons such 
as Dr. Bates and others who 
offered to serve the Ministry in 
the best interests of children. 
Local children's aid societies 
should build upon the Ministry's 
programmes to operate local 
programmes to the same end 
adapted to accommodate local 
condit ions , 



1193 



RECOMMENDATION #4 

There was some testimony to suggest that 
some people associated with children's aid societies 
felt that the Ministry's criteria for approval of 
estimates of expenditures did not adequately 
recognize the value of preventive programmes. The 
suggestion seemed to be that expenditures in respect 
of children in care were more likely to be regarded 
as a basis for assessing the need of the children's 
aid society. 

I am aware of the provisions of subsection 
2 of section 8 of The Child Welfare Act as it was and 
subsection 2 of section 3 oT Re gu 1 a tion 86 made 
thereunder. They provided that where a children's 
aid society had jurisdiction in more than one munici- 
pality the amount each municipality was required to 
provide to the society to meet its estimated 
expenditures was determined on the basis of the 
"proportion that the number of children taken into 
protective care in the municipality bears to the 
total number of children in care of the society." 

The present legislation and regulations contain quite 
similar provisions in respect of the cost of services 
for children in care. Other costs are borne on the 
basis of total population. 

Even apart from the change of the 
legislation I am not satisfied that there was any 
basis for the suggestion mentioned in the first 
paragraph of this comment. I am not satisfied that 
the belief on which the suggestion was based was 
widely held. However, lest there be any basis for 
the suggestion or lest the belief be widely held, I 
believe the Ministry should allay the concern. 

I have expressed my belief that preventive 
programmes are valuable and should be encouraged. 
That will require funds. Funds so spent will, 
hopefully, reduce the sums spent upon children in the 
care of the children's aid societies. 

4. I RECOMMEND THAT the Ministry, 

clearly in writing and hy its 
actions in considering the 
estimated expenditures of 
children' s aid societ ies , affirm 



1194 



its support of programmes by 
children's aid societ ies intended 
to seek to prevent or reduce the 
number of incidents of child 
abuse or the risk thereof. It 
should be made clear that during 
consideration of any proposed 
expenditures submitted to the 
Ministry by a children's aid 
society for approval pursuant to 
the Chil d Welfare Act proposed 
expenditures upon preventive 
p rog r amme s will be regarded as 
being of great importance , 



1195 



RECOMMENDATION #5 

From several witnesses and from literature 
referred to upon the Inquiry I heard or read of the 
great need for awareness of the real presence of 
child abuse in Canadian society and communities. It 
was clear to me that it is a world-wide phenomenom 
recognized and identified to varying degrees every- 
where. Canada is by no means unique. 

Canada may very well be ahead of many other 
countries in its acknowledgement of the existence of 
abuse, in its efforts to identify and recognize it 
when it occurs and in efforts to limit or reduce its 
incidence. For example, Canadian communities may 
very well have a tolerance for disciplinary treatment 
of children which establishes as an incident of abuse 
treatment less harsh than would be required to be 
viewed as an incident of abuse in some other 
countries. That level of tolerance may very well 
vary from community to community within Canada, even 
within Ontario or even within municipalities. 

We can take no smug satisfaction in all of 
that. Any smugness we may feel will be removed by 
seeing the photographs of Kim's dead body and her 
horrible injuries and by recalling that, even when 
she saw that body and those injuries, Mrs. Lo, 
classified as a Social Worker Class I with the 
Society, was able, two years after Kim's death, to 
testify that Jennifer Popen's story about Kim's fall 
from a high chair might have been true. 

From the testimony upon the Inquiry I am 
satisfied that, even among persons who are employed 
in positions which bring them into contact with 
incidents of abuse, there is less than a satisfactory 
awareness of abuse, its manifestations and its 
subtleties. Mrs. Lo and Mr. Khattab come quickly to 
mind as the extreme examples. Others, even some of 
those as apparently well trained and experienced as 
Mrs. Harvey appeared to be, are not exempt from the 
same sort of comment. 

It became apparent to me that steps must be 
taken to inform the public generally of the insidious 
presence of child abuse in our communities. Members 
of particular groups whose professional careers or 
callings may impose upon them particular responsi- 
bilities require special training and knowledge to 

1196 



meet their obligations. Physicians, teachers, public 
health nurses, hospital personnel, police officers 
and social workers come readily to my mind as 
examples of such special groups. No doubt there are 
others . 

We all must be aware that some adults do 
abuse children. We must be aware that the range of 
abuse is great. It may be a form of discipline not 
far beyond limits which we regard as being accept- 
able. It may be the infliction of the most horrible 
and fiendish of injuries which may lead to permanent 
disability or death. 

Kim's injuries killed her. No one can 
venture to say what might have become of her had she 
survived. Even if she did not bear any physical 
scars, she may have suffered irreparable emotional 
damage. In any event the result might have been the 
continuation by her of the cycle of abuse. No one 
can say where or when the cycle would end. 

Dr. Turner spoke and others have written of 
the "madonna syndrome." I understand that to mean 
that many of us cannot contemplate that any woman who 
has borne a child can ever abuse that child. I 
understand it to mean that we picture every mother of 
a child as an ideal parent to that child, full of 
love and compassion for her child, calm, long- 
suffering, slow to anger, understanding of childish 
behaviour and forgiving of wrongdoing or error by her 
child. 

The testimony of Dr. Turner and others upon 
the Inquiry has satisfied me that, whether or not any 
mother fully meets those high standards, there are 
mothers who do not meet them. One cannot assume, 
without some examination or consideration of the 
family, that any mother is so saintly. Mr. Khattab 
made that sort of erroneous assumption about Jennifer 
Popen in March, 1975. 

Dr. Turner did not use any corresponding 
term to speak of fatherly love for children. I would 
assume that if there were any corresponding syndrome 
leading to an assumption that a father cannot abuse 
his children it would be subject to similar 
limitations and provisos. 



1197 



Having heard the testimony and having seen 
the picture slides and photographs of Kim and other 
children presented upon the Inquiry, I am satisfied 
that some parents are capable of inflicting terrible 
injuries upon their children. 

By reasons of the circumstances which led 
to this Inquiry, its main thrust was toward abuse of 
a child by the child's parents or one of them. There 
was no credible testimony that anyone other than 
Kim's parents or one of them abused Kim.. Nonethe- 
less, from the general testimony of qualified persons 
and from reading literature referred to upon the 
Inquiry, I am satisfied that abuse of children is not 
inflicted only by their parents. A child may be 
abused by another member of the family, by a friend 
of the family, by a neighbour, by an older child, by 
an acquaintance, by a stranger, and, indeed, by 
anyone whether adult or child. 

We as responsible citizens and members of 
our own communities cannot assume that every infant, 
apparently so loved and so lovable, will forever be 
loved and lovable and free of abuse. 

Dr. Bates' testimony described the myriad 
of circumstances that might lead to any child 
becoming a victim of abuse. While the testimony set 
forth a wide variety of such circumstances I am sure 
there would be at least as many more combinations of 
circumstances had Dr. Bates sought to set forth all 
possible causes of abuse. 

We must recognize that children may be 
abused by parents who profess or appear to be loving 
parents. We must recognize that not every child is 
wanted by his or her parents. We must recognize that 
not every child who is wanted is wanted by his or her 
parents for the right reasons. We must recognize 
that some children, for a variety of reasons, are 
more likely than others to be victims of abuse. 

The result of this is that there must be 
great effort expended to create the necessary aware- 
ness. That will require programmes to make members 
of the public generally aware that abuse of children 
does occur in our communities. 



1198 



It must be shown that abuse can result in a 
wide range of injuries even death. 

It must be shown that physical injury is 
not the sole result of abuse and that emotional or 
other damage may have greater effect upon the lives 
of abused children and their progeny. 

It must be shown that abuse is a self- 
perpetuating phenomenom in that abused children are 

prone to become abusive parents or inmates of 
institutions for the criminally insane. 

It must be shown that abuse imposes 
tremendous burdens upon the human and financial 
resources of our communities. 

Upon the testimony it would seem that we 
tend to believe that abuse cannot or does not happen 
in our own communities and neighbourhoods. It seems 
that only cases which receive extensive public 
attention because of their particular circumstances 
arouse public concern. Kim's was one such case. 
Others were mentioned during the Inquiry. 

5. I RECOMMEND THAT the Ministry and 

the children's aid societies 
devise, establish, ma int a in and 
operate cont inning programmes to 
inform the public generally of 
the presence of child abuse in 
Ontario and in our communities 
and to seek the assistance of 
members of the public in efforts 
to reduce or el iminate the inci- 
dence of abuse. Such programmes 
should emphas ize that, even apart 
from statutory duty, we, as 
members of the public, owe it to 
our children and to ourselves to 
report our cares and concerns for 
the safety and well- be i ng of our 
children and thus of our whole 
community . 



1199 



RECOMMENDATION #6 

There was testimony which suggested that 
members of the public generally did not evince great 
interest in the day-to-day affairs of the Society. I 
would hope that, with a programme such as I recommend 
to inform the public about child abuse generally and 
in the community in particular, more members of the 
public will become actively interested in the affairs 
of children's aid societies. That interest can then 
be developed so as to obtain the services of more 
persons as members of the societies, as members of 
boards of directors and committees of the societies, 
as volunteer workers with the societies and generally 
as supporters of the objects, purposes and efforts of 
the societies. 

The lack of public concern or interest in 
or knowledge of the affairs of the Society was 
perhaps illustrated by the attendance of few members 
of the public at the hearings conducted by the 
Inquiry and by the attendance of Mr. Sharen as the 
only member of the public who came forward to testify 
as to the good work done by the Society. Even he was 
not a typical member of the public because he was the 
head of a local municipal council. 

Mrs. Maughan supported the concept of 
preventive programmes in preference to programmes to 
deal with abuse after it has occurred. She spoke of 
the need for and benefit derived from the existence 
of organizations in each community to which parents 
might turn for support or advice. She seemed to 
envisage organizations in addition to children's aid 
societies. She mentioned in particular one with the 
name Parents Anonymous. 

From the testimony upon the Inquiry I am 
satisfied that child abuse occurs in some form and to 
some extent everywhere. It is not peculiar to any 
group whether that group be based on race, creed, 
education, wealth, poverty, profession, trade or 
calling, position in the community or any other 
single factor or groups of factors. Thus I am 
receptive to any suggested improvement of the 
community's facilities to deal with the problem. 

I view a supportive group in a community as 
being such an improvement. The form which any such 



1200 



group might take will depend upon the nature of the 
community and the residents. 

Dr. Bates had had some personal involvement 
with Parents Anonymous. He felt it could be a 
helpful force, but he recognized its limitations. He 
said that it was a resource which should be 
strengthened and developed so as to be available to 
persons who were abusive parents. He recognized that 
it might be helpful to only a small percentage of 
such parents because the programme of Parents 
Anonymous would require a substantial motivation on 
the part of those participating in it. Its programme 
includes group discussions about what has happened to 
participants. Dr. Bates felt that only those who 
truly sought help would become involved. He felt 
that the programme appealed only to particular strata 
of the community and was not as widely based as the 
counterpart in the United States of America, but that 
it could be enlarged. 

In summary Dr. Bates' view was that Parents 
Anonymous, while useful, was not the answer to the 
problem of abuse. He expressed the belief that 
strengthened and improved children's aid societies 
were the primary community resource to combat abuse. 

I accept Dr. Bates' view as correct. I 
would enlarge upon it to note that the children's aid 
societies have local responsibilities with reference 
to child abuse because of the duties cast upon them 
by The Chil d Welfare Act . In practice the local 
children ' s aid societies are extensions of the 
Ministry which has province-wide duties and obli- 
gations and powers to oversee the operations of the 
children's aid societies as well as the power of the 
purse inherent in the budgetary controls imposed by 
the Ministry upon the children's aid societies and 
its very significant participation in their financial 
affairs . 

Elsewhere I write of the opinion that calls 
for the creation of multi-disciplinary teams in each 
community to deal with instances of abuse. A desira- 
ble extension of that would be that the formation and 
operation of other supportive groups in the community 
be encouraged by the local children's aid society and 
by the Ministry. Any such supportive group should be 
just that, supportive of parents and families and of 



1201 



the children's aid society and the Ministry. It 
should not be viewed as a substitute for the strong 
involvement of the children's aid society and of the 
Ministry in child abuse programmes as part of their 
general roles to protect children. 

One type of supportive activity mentioned 
in the literature is the establishment of so-called 
telephone "hot-lines" or "lifelines." These are 
intended to enable a parent, in a state of crisis or 
distress which might lead to an incident of abuse, to 
have an opportunity to talk to someone immediately 
and thus, hopefully, to forestall the abuse. 

Dr. Fontana and Dr. Besharov in their work. 
The Maltreated Child, suggest that use of such a 
telephone line might enable a parent with a parti- 
cular concern or problem to obtain referral to other 
resources available in the community. They suggest 
that while volunteers without professional quali- 
fications or training might answer such telephones, 
administration thereof should be by professionally 
qualified persons able to provide information of 
immediate help. 

Upon the Inquiry there was testimony as to 
the value of the contribution of volunteers to the 
function of the Society. Mrs. Mitchell expressed 
some concern as to the care which was required to 
ensure the proper utilization of volunteers. Mrs. 
Hoad was one such volunteer who performed one 
specific service in relation to Kim. I have written 
of my high opinion of the activity of Mrs. Maughan, a 
volunteer with the Probation Services of The Ministry 
of Correctional Services, in relation to Kim's case. 

In my opinion the establishment of such 
telephone lines under the aegis of the local 
children's aid society, manned primarily by volun- 
teers, but with the advice of the local children's 
aid society's professional staff immediately avail- 
able if required, should be encouraged and supported 
by the children's aid societies and the Ministry. 

In expressing that opinion it is my 
assumption and intention that any volunteer will 
receive training and instruction which, in addition 
to informing him or her of how to perform the duties, 
will enable him or her to recognize the limitations 



1202 



of the service and the need to call upon the 
professional personnel immediately available. 

I am satisfied that volunteers can serve a 
useful function in the day-to-day operations of 
children aid societies. The value of volunteers was 
mentioned in testimony upon the Inquiry. It is 
mentioned in literature upon the subject. 

It was stated by witnesses upon the Inquiry 
that care was required in the use of volunteers to 
achieve the greatest benefit and to ensure that their 
activities are suitably integrated with those of the 
regular employees of the children's aid societies. 

Witnesses spoke of the need for care in the 
selection and training of social workers whose duties 
would relate to child abuse. They spoke too of the 
demanding nature of such employment and the desira- 
bility that social workers be relieved of those 
duties from time to time. The same remarks would 
appear to be applicable to the selection, training 
and employment of volunteers who might be expected to 
be involved in child abuse matters. 

Dr. Turner in commenting upon Mrs. Lo ' s 
involvement in Kim's case expressed concern that Mrs. 
Lo, untrained and inexperienced, had such a heavy 
responsibility for Kim. Even in saying that he spoke 
of there being a use for persons such as Mrs. Lo in 
the function of children's aid societies. I presume 
he meant even in the most difficult of cases. He 
spoke, for example, of the friendly visitor and the 
possible benefit to be provided therefrom. 

I envisage the use of volunteers to include 
duties such as those of a friendly visitor, or older 
brother or sister, or parent or grandparent, someone 
to whom a harried parent can turn frequently and 
informally for support, encouragement, assurance, 
advice, comfort or whatever. 

I envisage members of such teams of 
volunteers attending meetings of the intra-soc ie ty 
team of professional social workers at which cases in 
which volunteers are involved are discussed. Only if 
a volunteer is aware of the details of a case in 
which he or she is assisting will that volunteer be 
able to be most helpful. To that end volunteers 



1203 



should be required to accept provisions relating to 
the confidentiality of information disclosed to or 
acquired by them. Those provisions should correspond 
to the provisions of confidentiality now accepted by 
or applicable to social workers employed by 
children's aid societies. 

The training of the members of such teams 
of volunteers should contain elements relating 
generally to the prevention, detection, investigation 
and management and treatment of cases of abuse, but 
with emphasis upon what is expected of the volun- 
teers. The volunteers should be trained to write 
reports upon their activities with perhaps greater 
detail than might be expected in a report written by 
a trained social worker who may be better able to 
assess what has been observed and thus to omit 
inconsequential details. 

Mrs. Mitchell spoke of the role of volun- 
teers with the Society. Her experience led her to 
say that volunters should not be used only for trivi- 
al chores or to assist in short-term difficulties. 
She said the use of volunteers should follow a plan 
and should make optimum use of the volunteers' skills 
acquired in their own professional, business, 
academic or social careers. She recognized the 
limitations of what volunteers can do and she 
recognized their need for advice and direction, 
encouragement and support in what they did. Her 
comments were reasonable and practical. Volunteers 
must derive some sense of satisfaction from what they 
do. In that way too they will be of more use and 
benefit to the children's aid society and to the 
community , 

Drs. Fontana and Besharov in their work. 
The Maltreated Child, write of the important 
contribution of volunteers in the field of child 
welfare. They state that more recently volunteers 

have assisted in child abuse prevention and treatment 
efforts, including inter-disciplinary approaches. 
They set forth some of the basic qualities or 
attributes which should be possessed by volunteers. 

As I have noted elsewhere in the Report I 
was concerned that there appeared to be no legis- 
lative authority in 1975 and 1976 for the employment 
of Mrs. Maughan as a volunteer with the Probation 



1204 



Services. Lest there be concern as to the duties, 
rights, powers and liabilities of volunteers with the 
children's aid societies, at least in relation to 
some functions, the Child Welfare Act should contain 
specific authorization for the societies' appointment 
and use of volunteers. It may prevent litigation 
questioning the authority of a volunteer or seeking 
damages, as for trespass, against a volunteer 
accompanying an employee of a society. 

The Child Welfare Act in force during Kim's 
lifetime did not deal specifically with the appoint- 
ment and use of volunteers by children's aid 
societies. Section 4 of that statute did empower the 
board of directors of a society to designate persons 
who, when so designated, would have the powers of a 
constable and school attendance officer and would be 
deemed to be an officer within the meaning of section 
10 of The Public Authorities Protection Act . Section 
21 provided that a constable or "a person authorized 
by the Director or by a local director," having 
reasonable and proper grounds to believe a child was 
apparently in need of protection, might apprehend the 
child and might enter premises for that purpose. 
Section 22a permitted the local director or Director 
to appoint homemakers. 

Those provisions would appear to have per- 
mitted the designation or appointment of volunteers, 
but at the same time they did not, to my mind, 
address the problems which will surround the use of 
volunteers in a wide variety of roles in addition to 
those of constable and homemaker and in relation to 
the apprehension of any child apparently in need of 
protection. 

The present Chi_I^d_We ]^f^are_Ac t contains 
similar provisions in sections 4, 21 and 23. 

In my view the statute or regulations 
thereunder should specifically provide for the 
appointment and use of volunteers and for the 
protection from liability of any volunteer acting in 
good faith under the instruction of a social worker 
of a children's aid society. Conversely the statute 
or regulations should require volunteers to comply 
with standards of conduct and ethics, including re- 
spect for confidentiality of information to which the 
volunteers may become privy in the course of their 
service . 

1205 



I note that Part III of Ontario Regulation 
96 made under the present Child Wel fare Act sets 
qualifications only for those who, if socFal work is 
treated as a profession, will be the professional 
staff of the children's aid societies. In my view 
the Regulation should set forth the requirement that 
one who is to serve as a volunteer in certain facets 
of social work in relation to child welfare must have 
certain qualifications of aptitude and training. As 
in the present Regulation there may be several cate- 
gories, but those who are to work in some areas, such 
as abuse, must be the elite of the volunteer corps. 

6. I RECOMMEND THAT children' s aid 

societies be encouraged to 
devise , develop ^ maintain and use 

programmes for the productive and 
fulf ill ing eng ag ement of volun- 
teers and supportive groups in 
the community in the various 
f unct ions of the societies, in- 
cluding funct ions in relation to 
child abuse generally and in 
relation to spec if ic instances of 
abuse. Teams of volu nt ee rs es- 
pecially selected and trained may 
assist in child abuse matters. 
In the same way that social 
workers should not be required to 
work in the area of child abuse 
for lengthy periods of time, 
volunteers should serve on child 
abuse cases for relatively short 
periods of time although I recog- 
nize that in some instances the 
ex igencies of a case may make it 
necessary or desirable for a 
volunteer to be involv e d in it 
for an unusual length of time. 
The Ministry should be prominent 
in such encouragement and should 
seek whatever amendment of 
leg islat ion or regulat ions may be 
necessary to authorize and regu- 
late the use of volunteers in any 
way, including those I have 
ment ioned in the preamble to this 
recommenda t ion. 



1206 



RECOMMENDATION #7 

One means of participation by the public 
generally in the affairs of a children's aid society 
is membership in the society, perhaps leading to 
service upon the board of directors and committees of 
the society or as a volunteer or otherwise. 

Any programme to inform the public of the 
function of a children's aid society should contain 
information about the corporate organization of the 
society and the opportunities for service to the 
community through membership in the society and 
service upon its board of directors and committees 
and otherwise. 

There was testimony as to the composition 
of the Board of Directors of the Society. Some of it 
was critical. No one suggested that the criticism 
expressed would apply only to the Society and not to 
other children's aid societies. 

Mrs. Wood was perhaps one of the witnesses 
voicing most concern in that area, but she was not 
alone. 

As I understood one thrust of the criticism 
it was that the Board of Directors tended to be 
"self-perpetuating" and was not sufficiently repre- 
sentative of the community. But there was other 
criticism that the members of municipal councils 
appointed by and from those municipal councils were 
changed too frequently to enable or permit them to 
gain a firm grasp of their new responsibilities. It 
was said they tended to be concerned primarily with 
expenditure of money as distinct from the quality or 
extent of the services provided. The municipal 
council members were not entirely alone in that. Mr. 
Higgins too said he felt a responsibility to be a 
"watch-dog" of the public purse. 

One suggestion for improvement of the 
composition of the board of directors of any 
children's aid society was that social workers, even 
those so employed by the society, should be elected 
or appointed to the boards. 

I have severe reservations about that 
suggestion, particularly the portion relating to 



1207 



social workers employed by the society. I am 
satisfied that a person trained and experienced as a 
social worker, particularly in the area of child 
welfare and family services, could be a valuable and 
contributing member of the board of directors of a 
society. But, if employed by the society, he or she 
can make the same contribution to the society, 
particularly if there are good means of communication 
within the society, and still leave room for another 
person, perhaps one equally trained and experienced, 
but no longer practicing, to join the board. In that 
latter way the society benefits. I would think too 
that the presence of employees upon the board of 
directors of a society would lead to problems or 
possibilities of conflict of interest, particularly 
in personnel matters. 

In my view the present legislation regu- 
lating the composition of the boards of directors of 
children's aid societies is quite adequate, subject 
to a reservation as to who may be appointed by 
municipal councils. Any deficiencies or weaknesses 
in the board of directors of a particular children's 
aid society must result from local conditions. 
Correction or removal of any deficiency or weakness 
is a local responsibility. The Ministry in its 
supervisory and inspectorial role should recognize 
any such problem and assist the society in relation 
to it. Such correction may be a natural result of 
the public's greater awareness of and interest in the 
affairs of the society after a programme of public 
information about the society has been under way for 
some time. 

Based on Mr. Higgins' response to Mrs. 
Harvey's inquiry as to his willingness to serve on 
the Board of Directors of the Society and upon his 
testimony upon the Inquiry, together with the 
testimony of other members of that Board of Directors 
and the testimony as to the volunteers who serve the 
Society and other bodies, I am satisfied that there 
are public spirited citizens in the City of Sarnia, 
the County of Lambton and, by my own extension, 
elsewhere in the Province of Ontario who would be 
willing to become and be active members of the boards 
of directors and committees of children's aid 
societies. They are citizens who are interested in 
serving to improve their communities and who have the 
ability to be effective. 



1208 



It may very well be that such citizens have 
not made a decision as to the direction they will 
take in such efforts or service. Mr. Higgins had 
served in other organizations. Mr. Lovatt was 
involved in a number of activities beyond his duties 
as Local Director of the Society. Mr. McPhedran had 
served on the board of directors of another 
children's aid society. Mrs. Wood had involvement 
with another community-service organization. Mr. 
Wryzykowski had wide involvement in the community. 
Mrs. Maughan was a volunteer with the Probation 
Service of The Ministry of Correctional Services. 
Mrs, Hoad was a volunteer with the Society. 

There are numerous interests toward which 
the willingness of public spirited citizens to serve 
can be directed. The specific interests of each 
children's aid society is one such interest. It is 
the responsibility of each children's aid society to 
let the community it serves know what those interests 
are and how members of the community can assist. The 
Ministry should assist the societies in these 
efforts. 

In my view the Board of Directors of the 
Society was not self-perpetuating. In one sense it 
was almost self-destructive in that in many instances 
persons who served as President did not remain as 
members of the Board of Directors after their terms 
as President. There was certainly a frequent change 
of most of the members appointed by the municipal 
councils . 

The Society provided many benefits to the 
community it served. I would doubt that any 
significant number of people in the community were 
aware of what the Society did or sought to do and of 
what problems and difficulties the Society 
encountered in its efforts. I have already mentioned 
Mr. Sharen's solitary attendance to testify as to 
good service by the Society to the community. 

The very nature of some of the services 
provided by children's aid societies and the need for 
confidentiality militate against some forms of public 
relations or information programmes being undertaken 
by the societies. But there are many opportunities 
remaining. Mr. Lovatt apparently used his 
association with other organizations as a means of 



1209 



informing them generally about the Society and its 
activities. Mrs. Mitchell certainly did much the 
same as she recruited volunteers to assist the 
Society. 

If some of the other recommendations of 
this Report are implemented other avenues of approach 
to the public will be opened. A programme to prevent 
child abuse requires, in part at least, that the 
public be av^are of the problem in general and of its 
presence in the community in particular. The public 
must be made aware of how they may help in the aims 
and purposes of such a programme. 

There are probably many other areas of 
service by the children's aid societies which would 
benefit from programmes being undertaken by the local 
societies to inform the public of such areas of 
service and, if appropriate, of ways in which members 
of the public can assist in the delivery of that 
service. 

It may very well be that some of the 
societies are unable to establish and maintain 
information services on their own. They should be 
assisted by tlie Ministry and the Ontario Association 
of Children's Aid Societies who should be able to 
provide to each children's aid society material 
which, if necessary, can be adapted to local use. 

In my comments upon the need for a pro- 
gramme to prevent child abuse I make some suggestion 
as to how the public might be informed and kept 
informed. Those suggestions would apply equally to 
any programme to publicize generally the services and 
needs of each children's aid society. There are 
countless other means available. 

Members of local clubs, associations and 
institutions might be sought out as members of the 
board of directors and committees of the society 
because of some similarity of the interests of the 
society and those of the other clubs, associations or 
institutions. Municipal councils have representation 
on the board of directors of each society. That is 
by legislation. There is no reason why boards of 
education should not be represented. The same can be 
said of church oriented groups, such as ministerial 
or inter-church associations, and of service clubs. 



1210 



philanthropic or benevolent societies and 
organizations especially interested in children. 

In my comments upon the desirability of 
aspirants for election or appointment to the board of 
directors of a children's aid society, which appear 
elsewhere in this Chapter, I do not exempt those to 
be appointed by municipal councils. They too should 
know what is involved in service upon the board. 

There was no testimony directly upon the 
point, but I see no particular reason for the 
statutory provision that those to be appointed as 
members of the board of directors of a children's aid 
society by a municipal council must be members of 
that municipal council. That appears to me to be 
unduly restrictive and perhaps not in the best 
interests of either the children's aid society or the 
municipal council. 

If no member of a municipal council is 
particularly interested in the affairs of the 
children's aid society it seems to me to be counter- 
productive to appoint some one of them simply because 
the legislation requires it. There was an abundance 
of testimony as to the difficulties in maintaining 
the attendance and active interest of persons who 
voluntarily or willingly accepted membership upon the 
Board of Directors of the Society. I would imagine 
that if anyone were virtually dragooned or con- 
scripted to be on a board of directors his or her 
attendance at and active interest in meetings and 
activities of the board, would be less than 
acceptable. The interests of the municipal council 
would probably be better served if each of its 
appointees was interested in contributing to the 
betterment of the children's aid society and its 
services to its clients and was prepared to take an 
active part in the function of the board of directors 
of the society to that end. Such an appointee would 
probably be more diligent in attendance at meetings 
of the board of directors and committees and thus in 
expressing the views, if any, of the municipal 
council and more thorough in reporting thereon to the 
municipal council. 

In the same way the interests of the 
children's aid society would be better served. A 
person interested in and willing to work to further 



1211 



those interests would be upon its board of directors. 
In the other scenario it might have as one of its 
board of directors a member of the municipal council, 
but one not really concerned about the children's aid 
society and its interests and problems and perhaps 
even one of the less ineffectual members of the 
municipal council not able to obtain the support of 
enough of the other members of the council to secure 
appointment to a more prestigious or politically 
beneficial position. 

All in all such an appointee would be a 
better member of the board of directors and a better 
representative of the municipal council. 

Hopefully a programme by each children's 
aid society to inform members of the public of the 
organization, function and duties of the society will 
create greater public interest in the affairs of the 
society. From that greater interest a willingness of 
more people to participate in those affairs should 
evolve . 

Mrs. Wood suggested that it was not in the 
best interests of the Society for there to be a 
nominating committee which put forward in nomination 
at each annual meeting only the number of names 
required to constitute the full comple^nent of the 
Board of Directors. Mrs. Wood appeared to use that 
as a basis for her belief that the Board of Directors 
tended to be self -perpetuating and to control the 
entry of new members. 

If that be so it was solely because no one 
saw fit to challenge the procedure. That would be an 
indication of the public's lack of interest in the 
affairs of the Society. There was no testimony as to 
the procedure and attendance at the annual meetings 
of the Society. Even v;ithout such testimony I am 
prepared to assume that whoever convened those 
meetings or conducted elections at them would make it 
clear that nominations from the floor or in some 
other manner apart from the nominating committee 
would be received. 

In my view a nominating committee is 
useful. It will be even more useful if aspirants for 
election or appointment to membership upon the board 
of directors of a children's aid society are required 



1212 



to receive instruction as to the duties and 
obligations they will assume if elected or appointed. 
Any such benefit could be negated if, with or without 
a nominating committee, persons were nominated and 
elected or appointed without such instruction. They 
would be doing no favour to themselves or to the 
society. 

7. J RECOMMEND THAT each children's 

aid society establish and 
ma inta in an ongoing programme to 
inform the public of the organi- 
zation, function and activities 
of the society and of its need 
for continuing support from the 
community , That prog ramme should 
seek to encourage membe r s of the 
public to become members of the 
society and to part ic ipate in its 
affairs, perhaps as members of 
the board of directors , or as 
members of standing or special 
committees . The goal should be a 
broad base of community member- 
ship and support , 



1213 



RECOMMENDATION »8 

In my comments leading to the preceding 
recommendation I expressed my reservation about the 
statutory provision whereby municipal councils were 
restricted in their selection of those members of the 
board of directors of the local children's aid 
society who are to be appointed by the municipal 
councils. They are restricted to choosing from among 
themselves even if none of them want to be appointed 
and even if they know of persons in the community who 
are willing to be appointed and who would be 
acceptable to the municipal council. 

8. I THEREFORE RECOMMEND THAT the 

Ministry seek an amendment of the 
Child Welfare Act so as to remove 
therefrom the requirement that 
any municipal represent at iv e ap- 
pointed to the hoard of directors 
of a child ren' s aid society by a 
municipal council must he a 
member of that munic ipal counc il , 



1214 



RECOMMENDATION #9 

My next recommendation flows from or 
expands upon my third recommendation v/hich was that 
there be continuing programmes to prevent or reduce 
abuse. VJitnesses upon the Inquiry, however each may 
have spoken, expressed the need for members of 
various professions and callings to have received 
training directly addressed to the problem of child 
abuse. Knowledge and skills derived from such 
training would assist in achieving the goal of 
prevention or reduction of abuse. 

I can do no better than to express as a 
basis of this recommendation a recommendation in the 
Garber Report of June, 1978 which was: 

"20. That the Ministry of Community and 
Social Services request, through the 
inter-ministerial committee on Children's 
Services, that the Ministries of 
Correctional Services, Health, Education, 
Attorney General, Solicitor General, and 
Colleges and Universities include appropri- 
ate child abuse training content in the 
curricula for their respective professions. 
Such enriched training programs will enable 
social workers, physicians, nurses, 
lawyers, policemen, judges and teachers to 
become aware of child abuse indicators, 
assessment methods and referral strategies, 
as part of their professional training." 

In my view such content of curricula must 
also be subject to continuing assessment to ensure 
that the curricula continue to reflect the best of 
current professional opinion, practice and procedure. 
Those responsible for the preparation of any such 
curriculum must recognize the need for the prac- 
titioners of that particular profession or calling to 
co-operate with practitioners of other professions 
and callings. Thus, any such curriculum should 
include recognition of the roles of such other 
practitioners and the need for integration of effort 
and exchange of information and opinions. That is 
one aspect of co-operation mentioned in my first 
recommendation. 



1215 



Mrs. Farina's testimony in relation to the 
above-mentioned recommendation in the Garber Report 
was to the effect that the Ministry was favourably 
disposed thereto and was asking the Inter-Ministerial 
Committee of the Provincial Government to comment 
upon it. She said some tentative or experimental 
steps had been taken to pursue the recommendation. 

The Minister may care to inquire as to just 
what has been done to that end. Lest little or 
nothing has been done I will repeat the recommen- 
dation of the Garber Report with the modification I 
have mentioned. 

In a sense implementation of that recommen- 
dation is an extension of the recommendation that 
members of the public be made aware of the phenomenon 
of abuse. 

The recommendation simply recognizes that 
some members of the public, by reason of their 
professions, callings or employment are more likely 
than others to encounter incidents of abuse or 
conditions of unusual risk for children and thus to 
have an opportunity to assist directly in efforts to 
prevent or reduce abuse. 

Examples come quickly to mind. The phy- 
sician who sees a child in the emergency department 
of a hospital, the family physician who sees the 
child in the child's home or the physician's office, 
the physician who sees one or both of the parents of 
the child and the nurse who is assisting the phy- 
sician in any of the above circumstances all have an 

opportunity to identify circumstances which may 
indicate that the child has been abused or is in 
circumstances which may indicate that there is an 
unusually high risk that the child may be abused. 
The physician or nurse may be in such a position even 
before or shortly after the child's birth. Teachers 
have similar opportunities after the child is 
enrolled in school. Public health nurses have 
similar opportunities arising in the course of 
performance of their duties. So too do other social 
workers, police officers and lawyers. 

The task then is to ensure that, so far as 
possible, all who, by reason of profession, calling 



1216 



or employment, may have special opportunities to 
recognize an incident of child abuse or the unusual 
danger thereof be able to identify what they observe 
and to assess what they identify and then to act 
appropriately . 

Witnesses upon the Inquiry spoke of the 
subtleties of abuse and the need for special skills, 
training and experience to enable one to identify, 
assess and treat or manage cases of abuse. They 
spoke of indications which might be recognized and 
assessed only if one has particular expertise. They 
spoke of the need for persons about to enter various 
professions or callings to receive special training 
during their academic courses, including periods such 
as internship, service under articles, apprenticeship 
or probationary employment. 

Again the testimony upon the Inquiry was 
not the first expression of the need for such special 
training. The authors of the Garber Report wrote of 
the identification of multiple and complex factors 
involved in child abuse in its various form. They 
wrote: 

"No single profession or discipline has 
knowledge of all these factors nor the 
expertise to deal with the phenomenon of 
abuse . " 

That sentence formed part of the 
introduction to the twentieth recommendation in the 
Garber Report which I have set forth above. 

I note particularly the reference in that 
recommendation to the role of judges. Witnesses upon 
the Inquiry made comments to like effect that cases 
of child abuse required especial skill on the part of 
judges. At the same time it was recognized that the 
outcome of any proceedings in a court depended upon 
the care and skill with which those charged with the 
duty to investigate, prepare and present the case had 
performed their various tasks. 

Dr. Bates spoke of some v/ho suggested that 
it was enough to leave it to the judge to decide. He 
disagreed. He said that if a case were not properly 
investigated, prepared and presented in court the 



1217 



decision was really made by the worker whose lack of 
skill or care resulted in inadequate investigation, 
preparation and presentation. 

He spoke of one judge in a jurisdiction 
outside of Canada who told him that the majority of 
applications to court lost by the local equivalent of 
children's aid societies were lost because of the 
failure of the persons responsible for the appli- 
cations to investigate and obtain sufficient evidence 
to support the applications, or to prepare for the 
hearings or to make adequate presentations in court. 

There was no such testimony with reference 
to the situation in Canada or Ontario. I gather Dr. 
Bates felt the comment might equally apply here. I 

would think it probably would. It certainly did 
apply to Kim's case. 

In my view Kim's case amply demonstrated 
that comment. I cannot imagine that any judge would 
have been better qualified than Judge Nighswander to 
sit in judgement upon Kim's case. His curriculum 
vitae shows his vast experience as a social worker 
prior to his elevation to the bench. As I have 
written in the main body of the Report he was misled 
by what was presented before him. 

There was virtually no investigation of the 
case beyond the physical description of some of the 
injuries Kim suffered. Opinions with reference to 
the identity of Kim's abuser were expressed in 
testimony upon the Inquiry, but the records of the 
Society do not particularly confirm such testimony 
and certainly the opinions, if they had been formed, 
were not expressed before Judge Nighswander who was 
led to believe, wrongly, that Kim was abused by 
Annals Popen and not by Jennifer Popen. 

There was no investigation of the 
background of Kim's parents. The Society knew 
nothing of importance about them. Preparation for 
hearing of the charge under section 40 of T he Child 
Welfare Act and of the Society's application was 
sketchy and inadequate, particularly in relation to 
the Society's application. The absence of witnesses 
on occasion and the absence of consultation between 
Mrs. Harvey and Mr. Carter illustrate that. 



1218 



Presentation of the Society's application 
was inadequate. In part that arose from lack of 
necessary investigation and preparation, but it also 
arose out of Mrs. Harvey's almost casual presentation 
of the application. She did not even cross-examine 
Jennifer Popen when Judge Nighsv;ander , on his own 
motion, chose to call her to testify and she gave 
testimony that was incredible and misleading and 
which was contrary even to Mrs. Harvey's own opinion 
as stated by her upon the Inquiry, but which remained 
unexpressed before Judge Nighswander. It would seem 
she was "leaving it to the judge." 

It is my opinion that, to that extent at 
least, judges and courts are limited in the decisions 
which may properly be made. They are, to large 
measure, dependent upon the knowledge and skills of 
others. I mention again the importance of skills cf 
advocacy in the adversary system and knowledge of 
law, including The Child Wel fare Ac t, and knowledge 
of procedure, including rules of evidence. 

I accept that judges should have an 
awareness of the determinations that might be reached 
and of the facilities in the community to assist in 
the care and protection of children. But it is 
necessary for the parties to the proceedings to 
assist the courts and judges in that regard by 
presenting material to assist in deciding what 
determination and what facilities, if any, may be 
most appropriate in the particular case. 

Subject only to that disclaimer, I accept 
the thrust of that recommendation in the Garber 
Report and acknowledge it as the basis of my next 
recommendation. If all who have professions or 
callings which give them particular opportunities to 
detect abuse or its possibility and to assist in the 
treatment or management of any such matter are 
adequately trained in relation to and aware of abuse, 
they will more fully and satisfactorily fulfill the 
duties which fall upon them because of their 
professions or callings. 

Bearing in mind the testimony upon the 
Inquiry it would seem to me that it should be clearly 
shown in the training for each profession or calling 
that the members of that profession or calling are 
not the repositories of all knowledge and skills with 



1219 



reference to child abuse. There is a need for the 
members of each profession or calling to recognize 
that successful detection, assessment, treatment and 
management of cases of abuse will require them to 
co-operate one with the other and others and to share 
knowledge, information and skills with and to assist 
or be assisted by others. 

Clearly The Child Welf are Act places the 
primary responsibilTty for the care an3~protection of 
children upon the Ministry and upon children's aid 
societies in Ontario. Training in child abuse should 
not be simply a peripheral part of the training and 
experience of social workers employed by the 
children's aid societies and by the Ministry to serve 
in the field of child welfare. In their case, such 
training should be central to their education. 

The testimony upon the Inquiry and relevant 
literature emphasized the demanding nature of the 
employment of those engaged upon child abuse cases. 
Great care must be taken in their selection and in 
their training. In part Kim's case is the tragic 
result of a lack of such care. 

Training in matters relating to child abuse 
may be a relatively small part of the training of 
candidates for some professions and callings or for 
some branches thereof. 

I think for example of police officers. A 
probationary constable probably will not be expected 
or required to have more than a very general 
acquaintance with the problem of child abuse and its 
manifestations. Probably all he or she would need to 
know would be such as to alert him or her that others 
in the police force should be informed. On the other 
hand if a larger police force should establish a 
squad or team to investigate and to assist other 
agencies, such as a children's aid society, in cases 
of abuse, real or suspected, the members of that 
squad or team, and particularly its leader, would 
require much greater knowledge of and training in the 
phenomenon. 

I think also of physicians. All physicians 
as a part of their basic training should acquire some 
knowledge of and experience with the phenomenon. 
Those who choose to emphasize or concentrate upon 



1220 



paediatrics or to confine their practices to 
paediatrics should acquire far greater knowledge and 
experience in the matter. 

The same sort of reasoning should apply to 
all other professions and callings. 

9. I RECOMMEND THAT the Ministry, 

through the appropriate processes 
and procedures of the Government 
of Ontar io , seek to ensure that 
the curricula for the education 
and training of persons who wish 
to enter various professions and 
callings in the Province of 
O nta r io which are governed or 
regulated in any way by any 
Ministry or branch of the 
Government of Ontario contain 
material upon child abuse 
sufficient to enable the 
candidates, when graduated or 
certified, to have degrees of 
knowl edge , tra ining and skill in 
relation to child abuse 
commensurate with their relative 
positions within their own 
prof ess ions and callings and in 
relat ion to other prof ess ions and 
callings. The training and 
education of c and idat e s in each 
profession or calling should 
emphasize the need for the 
members of that profession or 

c al 1 ing to co-operate with the 
members of other professions and 
call ing s in the entire range of 
act iv it ie s in relation to child 
abuse. Those act iv it ies include 
the initial detection of the ex- 
istence of abuse or the risk of 
its possible occurrence in the 
future, the subs eg ue nt i nves t i- 
gation and then the management 
and treatment of the case in all 
of its aspects , The appropriate 
Judicial Council should be 
requested to include discussion 
of child abuse in the continuing 



1221 



programmes of seminars for 
judges, particularly those who 
sit in the provincial court 
(family d iv is ion ) and thus are 
most often most directly con- 
fronted with problems relating to 
child abuse. Such curricula 
should be the subject of on-going 
review to ensure that they remain 
current and reflect all develop- 
ments in professional opinions , 
pr act ices and procedure whether 
caused by leg islation, regulation 
or judic ial decis ion or resulting 
from experience with earlier 
opinions f practices and 
procedures . 



1222 



RECOMMENDATION #10 

In approaching the next recommendation I 
bear in mind the testimony upon the Inquiry, 
particularly that of Dr. Turner. This recommendation 
is, in effect, an addendum to the preceding 
recommendation, Recommendation #9. 

I am satisfied that child abuse has been 
with us since time immemorial and has been recognized 

and treated and managed to some degree. However it 
would seem that it is in only relatively recent 
times, perhaps even as recent as 1978, that the full 
significance of the phenomenon has become a concern 
of the public and even of those who are responsible 
for the care and protection of children. 

Dr. Turner spoke of the need for social 
workers to keep themselves informed of the recent 
developments in law, practice and procedure relating 
to their field, including child abuse. He spoke of 
the need for social workers to maintain personal 
libraries which, even if small, should be current. 
The tone of his testimony suggested to me that such 
as children's aid societies, other social agencies 
and teaching institutions. 

Dr. Turner spoke of Mrs. Harvey's cre- 
dentials as a social worker. They were impressive, 
but he wondered if she had kept herself current. 
There was not much to suggest that she really had. 
Her reply to Mrs. Farina that the Ontario Association 
of Children's Aid Societies could not tell the 
Society anything that would help the Society's court 
worker, indicates to me an undeservedly smug reliance 
upon the past. Mrs. Harvey was the Society's court 
worker, but she felt none of those attending the 
seminar from virtually every other children's aid 
society in Ontario, supplemented presumably by 
persons from other types of organizations and 
professions, could help her. Kim's case showed how 
wrong she was. 

10 . I RECOMMEND THAT each person 

employed or practicing as a 
social worker or hoi d ing himself 
or herself out as a specialist in 
child abuse in any other pro- 
fession or calling in the course 



1223 



of training for which there is a 
component related to child abuse, 
even though such component may 
have been added to the course of 
training since the graduation or 
cert if icat ion of any such person, 
be required to maint a in , by con- 
tinuing courses and examinations 
upon the subject, an appropriate 
level of knowledge and skill in 
the light of current law, 
practice and procedure related to 
child abuse. 



1224 



RECOMMENDATION #11 

One of the most striking aspects of the 
testimony upon the Inquiry was the failure, for 
whatever reason, of various persons to comply with 
the provisions of The Ch ild W elfa re Ac t requiring 
them to report to a "cTi iT3 r e n ' s aid society or Crown 
attorney information of Kim's having been physically 
ill-treated. 



as 
tha 



Having heard the testimony upon the Inquiry 
to the overall nature of abuse of children and 
that physical ill-treatment may be only a part of the 
phenomenon and less damaging than other parts of it, 
that failure by some is even more striking. 

Until August 31, 1975 no one made any 
report directly to a children's aid society or Crown 
attorney in respect of Kim. By that time she had 
suffered severe and easily noted injuries and had 
been in hospital on a number of occasions. Doctors, 
at least one nurse and one relative were concerned 
for her safety. One doctor had telephoned to the 
Sarnia Police Force who had informed the Society. 

In essence no one fulfilled the require- 
ments of the statute. Some, such as Mrs. Fay Popen 
in June, 1975, presumably unaware of the statutory 
requirements, tried to protect Kim when she reported 
her fears to Dr. Jumean, 

From the testimony upon the Inquiry I doubt 
that many citizens were aware of the provisions of 
the statute requiring anyone to report information 
about abuse. I have no reason to believe that, apart 
from whatever information might flow from the "highly 
publicized" cases of abuse, such as Kim's in 1978, 
the situation is any different since the revision of 
the statute in 1978. 

The foregoing comments relate to members of 
various professions and callings as well as to 
members of the public in general. Some of the 
witnesses, like Mr. Higgins and Mr. Wryzykowski, by 
reason of their profession, expressed views as to the 
need to amend The Child Welfare Act as it was in 1975 
and 1976 so as to exempt solicitors from the 
requirement in situations in which they were involved 
in their professional capacity. In Mr. Higgins' case 



1225 



at least that view arose after the fact and he 
acknowledged that he was not fully aware of the 
requirement prior to the Inquiry. The 1978 
legislation specifically recognized and protected the 
privilege existing between a solicitor and client. 

I am satisfied that it is important that 
reports as required by the legislation be made 
promptly. They must then be fully and properly 
investigated at once, but that latter is not directly 
a part of the concern to which the recommendation I 
am now discussing is directed. 

From the testimony I am satisfied that 
many, who should have made such reports about Kim, 
did not make any report because of ignorance of the 
statutory provisions. Some had no awareness of the 
requirement. Some, like some doctors, relied on a 
professional colleague to do whatever was required. 
Some, like Mrs. Hewitt, by her training and 
experience as a nurse, felt that their positions 
prevented them from making any such report except to 
professional superiors not mentioned in the statute. 
Some, like Mr. Higgins and Mr. Wryzykowski, who were 
solicitors, felt that the solicitor-client privilege 
would not permit them to report information received 
from their clients. 

All of that made it clear to me that there 
was need to inform everyone of the provisions of the 
statute requiring reports to be made to a children's 
aid society or Crown attorney. Reports are now 
required to be made only to a children's aid society. 

The public cannot be adequately informed by 
one announcement or statement by the Ministry or 
children's aid societies. The announcement or state- 
ment must be repeated frequently. Such information 
should be part of the various courses of education, 
general and specialized in the schools, colleges and 
universities relative to child abuse. It should be 
part of the programmes to keep persons practicing or 
working in various professions and callings current 
and up-to-date in their knowledge. Members of the 
public should be made aware of the requirement of the 
legislation by continuing programmes reminding them 
of their responsibility under the statute. 



1226 



I envisage such programmes as being par- 
ticularly suited to development and delivery by the 
Ministry, but it would be helpful for the local 
children's aid societies to adapt such programmes to 
local conditions. Public service announcements in 
and by the media would seem to be an accepted way of 
informing the public of such a responsibility. Cable 
television channels devoted to local community ac- 
tivities and interests and public service would seem 
to be another means of presenting the information. 

It would seem to me that dissemination of 
information to the public as part of a programme to 
prevent child abuse might use to advantage means 
similar to those used by various hea 1 th- re la ted 
associations or organizations to inform the public of 
various diseases, or used by police forces to seek to 
prevent crime, or used by health departments to in- 
form the public of the dangers associated with drugs 
and narcotics or used by charitable organizations to 
seek public support. Many models are available. 

Some of the witnesses upon the Inquiry who, 
at least by the time they testified, had some 
awareness of the requirement upon them to report 
information about abuse, expressed concern that they 
might have incurred civil liability or professional 
censure had they made such reports. It is necessary 
that any programmes of education in this area inform 
the public and anyone to whom the particular 
programme is directed that the Child Welfare Act now 
in force, like its predecessor did, provides 
protection from civil liability and professional 
censure . 

If the programme of education is directed 
towards a particular segment of the population it 
should deal with any of the special concerns members 
of that group may have which may militate against 
reporting. If for example they have concern about 
their own professional conduct they should be advised 
of any appropriate statutory or regulatory provisions 
governing their profession and of any relevant 
rulings by the body governing the conduct of their 
profession. 

The testimony upon the Inquiry satisfied me 
that several persons would have been justified or 
required to make a report in respect of Kim pursuant 



1227 



to section 41 of The Child Welfare Act. Earlier 
portions of the Report reflect my opinion of the 
results flowing from the failure of those people to 
make such reports. There was, in my view, a wide 

range of culpability. 

In the event any person found guilty of an 
offence for failing to report information were a 
member of some profession or calling it would then be 
the responsibility of those, if any, responsible for 
the regulation or administration of that profession 
or calling to determine whether such finding of guilt 
would affect the person's status in that profession 
or calling. 

Inherent in the testimony of Mr. and Mrs. 
Vandenbergh was an expression of an unwillingness by 
lay persons to become involved in what they regard as 
another family's or person's personal matter. That 
phenomenon occurs in many areas of life and not only 
in child care and welfare. 

I felt that no lay person who testified 
upon the Inquiry was aware of the provisions of 
section 41 of The Chi ld Welfare Act. That same 
observation might be made in respect of many of the 
witnesses whose attendance upon the Inquiry resulted 
from their involvement in Kim's life by reason of the 
nature of their professions or employment. Some had 
some awareness of the statutory provisions, but did 
not fully appreciate the obligation those provisions 
placed upon them. 

Some, such as Mrs. Faye Popen, apparently 
unaware of the legislation, turned to others. She 
reported to Dr. Jumean. He in turn reported later to 
the Sarnia Police Force and The Lambton Health Unit 
rather than as required by the statute. Others, 
doctors and Mrs. Hewitt, felt constrained by their 
professional and employment relationships and for 
some months made no report as required. 

In my view a programme to inform everyone 
of their obligations under the statute to report 
incidents or suspicion of abuse will overcome at 
least some of the reserve or misapprehension which 
led to the absence of reports to the Society or Crown 
attorney upon Kim's injuries. I appreciate that even 
then some in our communities will choose not to 



1228 



become involved and their failure may not be known to 
anyone except themselves. 

Such a programme should emphasize the 
obligation imposed by the Ch ild Wel fare Act to make 
such reports and the penalty for failure^ Anyone who 
fails to make a report as required should be subject 
to a penalty to be determined by the court within a 
limit to be prescribed by legislation. 

Such a programme should emphasize the 
protection against civil liability provided by the 
legislation. 

In developing and presenting such a pro- 
gramme the Ministry should, through the appropriate 
other ministries or departments of government, enlist 
the support and assistance of the bodies responsible 
for the regulation and administration of professions, 
trades and callings the practitioners of which may 
assist in the prevention, detection, treatment or 
management of child abuse. 

11, - I THEREFORE RECOMMEND THAT the 

Ministry develop and operate an 
ongoing programme to inform 
members of the public generally 
and members of appropriate 
prof ess ions and practitioners of 
appropriate callings in par- 
ticular of the statutory duty to 
report information of any inci- 
dent or suspic ion of abuse and of 
the importance of such reports to 
the children's aid societies 



1229 



RECOMMENDATION #12 

During Kim's lifetime The Chi ld Welfare 
A c t^ , in section 41, requirecFper s^oTTs ~ln~a~v'rn g 
information about a child's abandonment, desertion, 
physical ill-treatment or need for protection to 
report that information to a children's aid society 
or Crown attorney. That report was required even if 
the information were confidential or privileged. The 
informant was not liable to civil liability unless 
the report was made maliciously or without reasonable 
and probable cause. Failure to make such a report 
was not an offence and no penalty was provided. 

The current legislation enacted in 1978, 
contains a requirement, in section 49, that anyone 

having such information report it to a children's aid 
society. There is a sub-section beside which is the 
marginal note "Duty of professional to report." That 
sub-section requires anyone to report to a children's 
aid society if he or she has reasonable grounds to 
suspect in the course of his or her professional or 
official duties that a child has been abused and that 
the abuse was caused or permitted by a person having 
charge of the child. 

A subsequent section, section 94, makes it 
an offence, punishable on summary conviction, for any 
such professional or official to fail to make such a 
report. Anyone guilty of that offence is liable to a 
fine of $1,000.00. 

From my reading of available literature, I 
gather that Ontario was somewhat behind some other 
jurisdictions in imposing sanctions upon persons who 
fail to comply with statutory requirements to report 
cases of abuse or suspected abuse of children. 

I quote now again from the writing of Dr. 
Fontana and Dr. Besharov, in The Maltreated Child, 
Fourth Edition, 1979: 

"Although the early recognition and 
reporting of suspected child abuse and 
neglect are the first essential steps in 
preventing further maltreatment, many 
physicians, nurses, social workers, 
teachers and others do not report the abuse 
or neglect that they see. The reluctance 



1230 



of many professionals to take action to 
protect children resulted in the develop- 
ment and passage of laws in all states 
which require, under penalty, certain 
professionals to report known and suspected 
child abuse and neglect. 

The medical professional was the first, and 
remains the foremost, target of reporting 
statutes. But the early focus on 
physicians (who were considered the 
professionals most likely to see injured 
children) quickly expanded to include all 
professionals in the healing arts, and has 
since broadened to include teachers, social 
workers, police, clergymen and coroners, 
among others. In addition, an increasing 
number of states (over twenty at this 
writing) require "any person" to report 
known and suspected child abuse and 
neglect. " 

It would seem to me that the combined 
provisions of section 49 and section 94 of the C hild 
Welfare Act are unduly limited. The definition of 
"abuse" In section 47 of the 1978 legislation 
includes, specifically, "physical harm" and "sexual 
molestation." The testimony upon the Inquiry 
indicated that it is not only those who have "charge" 
of a child who may physically harm or sexually molest 
the child. Such harm or molestation may result from 
or be the act of a person, neighbour or relative 
trusted by the child even though the child is never 
in his or her charge. 

I note too that section 47 of the present 
legislation provides that no one "having the care, 
custody, control or charge of a child" shall abuse 
the child or permit the child to suffer abuse. The 
absence of the words "care, custody [and] control" 
from section 49, although mentioned in section 47, 
would seem almost to invite the suggestion that the 
professional person or official is required to report 
suspicion of abuse by a person having "charge" of a 
child, such as a baby-sitter, but is not required to 
report suspicion of abuse by a person having custody 
of a child, such as a parent of the child pursuant to 
a court order. 



1231 



Aside from that possible difficulty, it is 
my opinion that section 49(2) does not impose upon 
the professional person or official the duty, and 
thus liability to the penalty set forth in section 
94, to report any suspicion of abuse, including 
physical harm or sexual molestation, by a relative, 
neighbour or family friend who cannot, in any sense, 
be regarded as having "charge" of the child. 

The rationale of section 49, coupled with 
section 94 of the new legislation, escapes me. It 
would seem to me to be incongruous that, if a 
professional person or official in the course of his 
or her practice or office has reason to suspect that 
a child has been physically harmed or sexually 
molested, that professional person or official should 
be liable to a penalty for failing to report such 
suspicion if it relates to one having "charge" of the 
child but not so liable if the suspicion relates to 
someone else, such as a close and trusted relative, 
who may have opportunity to cause much more harm than 
the sometime baby-sitter. Why should the possible 
imposition of a penalty for failure to report depend 
upon the child being in the "charge" of the person 
suspected of causing the abuse? 

It would seem reasonable that persons 
practicing various professions or callings reasonably 
requiring knowledge of or skills relating to child 
abuse, its detection, treatment and management might 
be subject to penalty for not reporting to children's 
aid societies reasonable suspicion that a child has 
been abused. By entering upon those professions or 
callings they accept the benefits, rights and 
privileges thereof and hold themselves out as having 
special knowledge and skill. 

It seems odd that they should be liable to 
a penalty only if they suspect the abuse was 
inflicted by someone in a particular class. 

I have difficulty in determining the full 
meaning of the words "professional or official 
duties" as they are used in section 49 of the 1978 
legislation. I think for example of Mr. Khattab. I 
am not satisfied that in its present state social 
work is a profession. I am not satisfied that a 
social worker is an official. It is not clear to me 
that Mr. Khattab, who was called a social worker, was 



1232 



a social worker within the meaning of The_Ch2^J^d 
Welfare Act during Kim's lifetime or would be a 
soc i al work er within the meaning of the 1978 
legislation. 

The Regulations made under The^Chj^J^d 
Welfare Act required each children's aid society to 
class if y Tts social workers. The first classifi- 
cation stated was that of "Social Work Assistant." 
To achieve that classification of social worker one 
needed only to have completed Grade XIII in Ontario 
or its equivalent as determined by the Minister or to 
have been actively engaged as a social worker in a 
children's aid society for at least one year 
immediately prior to June 1, 1966. It seems to me 
rather farfetched to suggest that one, perhaps 
eighteen years of age and a graduate of a Grade XIII 
course and thus possessing those minimum 
qualifications, would be regarded as being a member 
of a profession or an official. 

Then followed five classifications of 
social workers numbered I through V, with increasing 
requirements for education or experience to enable 
classification in each category. There was no other 
definition of "social worker" in The Child Welfare 
Act or the Regulations thereunder. 

The 1978 legislation, more particularly the 
Regulations made thereunder, does contain a 
definition of "social worker" for the limited purpose 
of those Regulations. Part III of Regulation 388/79 
is entitled "staff qualifications." The first 
section in Part III is numbered 16 and provides that 
in Part III the term "social worker" means one whose 
duties consist of investigating or supervising the 
care of children, whether or not the children are in 
the care of a children's aid society, providing 
guidance and counselling and having qualifications 
set out in section 19 of the Regulation. 

Section 2 of Regulation 389/79 requires 
every children's aid society to classify its social 
workers according to classifications bearing titles 
similar to those in the Regulations under The Child 
^^il.^£^_:^£j^ ^^ force during Kim's 1 i f e t ime . 
Regulation 388/79 refers to those classifications and 
proceeds, in section 19, to set forth the qualifi- 



1233 



cations required to enable persons to be granted the 
various classifications. 

Again the first classification is that of 
"social work assistant." The qualifications for that 
classification are identical with those for that 
classification under The Child Welfare Act prior to 
1978. Therefore I repeat my earlier comments upon 
the suggestion that one possessing such minimum 
qualifications would be a member of a profession or 
an official. 

All of that seems to me to demonstrate Dr. 
Turner's testimony as to the rather loose and 
indefinite use of the term "social worker." I gather 
that other statutes may, again for their own pur- 
poses, contain definitions of the term which may be 
quite different from those under the Child Welfare 
Act. 

Apart from questions as to what duties are 
"professional or official," it seems to me that there 
may very well be difficulties in seeking to prosecute 
anyone for a contravention of section 49(2) of the 
1978 legislation. That difficulty, to my mind, would 
be in establishing that the person's suspicion of 
child abuse arose "in the course of the person's 
professional or official duties." 

I think for example of a mother or father 
suffering some minor ailment or injury, such as a 
cold or a cut finger, attending at a doctor's office 
for examination or treatment of such ailment or 
injury. One of that parent's children accompanies 
the parent, but merely sits in the waiting room where 
the doctor, in escorting the parent to the examining 
room, notices some bruising about the child's face. 
The doctor had not treated or examined the child at 
any time nor had any treatment or examination of the 
child by the doctor been requested at any time. I 

think it unlikely that whatever might pass through 
the doctor's mind as to that bruising would arise "in 
the course of [his or her] professional or official 
duties . " 

But I wonder if the result would be 
different if the parent, rather than suffering a cold 
or cut finger, was suffering from some of the matters 
mentioned by Dr. Bates, such as undue use of 



1234 



alcoholic beverages, drugs or narcotics or perhaps an 
emotional illness, as being indicia that a child in 
such a person's home might be in some unusual risk of 
being abused. 

I can imagine that real life could v/rite 
scenarios incorporating infinite variations upon that 
theme. I am confident ttiat skilled defence counsel, 
if they have not already done so, will soon show the 
difficulty of prosecution under section 94 of the 
Child Welfare Ac t, as enacted in 1978. 

It would seem to me that it would be pre- 
ferable to provide that failure to report information 
or suspicion of abuse is an offence, and then to 
provide a maximum penalty. That then would leave the 
ultimate determination of penalty, in the event of a 
finding of guilt, to the court. In that determi- 
nation all factors, including the "professional or 
official duties" of the accused, would be considered. 

12. I THEREFORE RECOMMEND THAT the 

Ministry seek the appropriate 
amendment of the Child Welfare 
Act so as to make it an offence 
for anyone having information 
about any inc ident of child abuse 
or suspected child abuse to fail 
to report such information to a 
children's aid society as re- 
quired by the statute. Anyone 
found guilty of that offence 
should be liable to a fine not 
exceeding an amount to be 
prescr ibed in the leg islat ion and 
which will be large enough to be 
a true deter rent to anyone who is 
cons ider ing remaining silent when 
in possession of information 
which, by reason of the legisla- 
tion, he or she is required to 
report to a children's aid 
society. There was no testimony 
to enable me to suggest what such 
a penalty might be, but the 
present penalty of $1,000,00 for 
persons having professional and 
of f ic ial duties appear s to me to 
be rather modest. 



1235 



RECOMMENDATION #13 

I have already mentioned the testimony of 
Mr. Higgins and Mr. Wryzykowski with reference to the 
provisions of The Child Welfare Act in effect during 
Kim's lifetime requiring everyone to report infor- 
mation about abuse. The provision was broad enough 
to apply to solicitors who received the particular 
information from a client as part of the instructions 
to or retainer of the solicitor to act for or on 
behalf of the client. 

I share their concern as to the unique role 
of a solicitor in such a circumstance. It would seem 
that the Legislative Assembly recognized the validity 
of that concern. The legislation enacted in 1978 
requires anyone to report such information even 
though it be confidential or privileged, but it 
contains another sub-section which states that that 
statutory requirement does not abrogate any privilege 
that may exist between a solicitor and the 
solicitor's client. 

In my view the preservation of the 
solicitor and client privilege is essential. If that 
privilege is not preserved men and women may be 
deprived of adequate defences of proceedings against 
them or adequate presentation of their positions in 
other proceedings. 

Perhaps because of the testimony upon the 
Inquiry I may be more aware than many that abuse of 
children is a serious problem and an horrendous 
offence. Persons who are parties to proceedings 
involving the care of children and allegations of 
offences against children are entitled to legal 
services and to the privilege of communications 
between them and their solicitors with reference to 
such proceedings, allegations and offences. In my 
view a person involved in a case in which child abuse 
is alleged is entitled to legal services and the 
protection of the solicitor-client privilege just as 
much as a person charged with murder, rape, 
manslaughter, treason or any other serious crime. 

Persons charged with other criminal 
offences are entitled to remain silent unless they 
choose to testify upon their trials. I think the 
same principle should apply to persons charged with 



1236 



offences involved witn cases of child abuse. It 
could not apply if their solicitors were required to 
divulge information, no matter how damaging it might 
be to their case, which would otherwise be within the 
ambit of the privilege of solicitor and client. 

I have earlier written that children's aid 
societies should have legal counsel and advice in 
child abuse matters. In a sense the preservation of 
the privilege of the solicitor-client privilege is 
the other side of that same coin. Each party to 
judicial proceedings is entitled to counsel and 
advice because he or she, fearing forced disclosure 
of information which he or she, rightly or wrongly, 
regards as unfavourable, may not fully and candidly 
inform counsel of all relevant matters. 

It should be recognized that not all 
communications between a person and a solicitor are 
subject to the solicitor-client privilege. The 
privilege exists only if there is a relationship of 
client and solicitor in relation to the subject 
matter of the communication. 

I recognize that preservation of that 
privilege may prevent or hinder the presentation of 
all information relevant to a particular proceeding. 
Indeed the assertion of that privilege by Jennifer 
Popen resulted in some restriction of certain 
testimony which counsel sought to elicit. However 
that restriction did not have any great effect upon 
the overall testimony upon the Inquiry because 
Detective Inspector Hill and others engaged with him 
to investigate matters on my behalf and to assemble 
material for presentation upon the Inquiry had 
completed a painstaking and thorough investigation 
and examination of all of the events of and relating 
to Kim's short life. 

In a portion of this Chapter of the Report, 
I deal with the need for proper investigation of 
reports or cases of abuse. In my view thorough 
investigation will, in most, if not all cases, remove 
the need to have anything in the nature of 
inculpatory statements or disclosures by a person to 
his or her solicitor. 

The presence of counsel for both parties 
can be helpful to everyone concerned. I have noted 



1237 



that it was perhaps a comment by Mr. Higgins when 
requesting a pre-sentence report upon Annals Popen 
which led to Dr. Curtin's report which, if read and 
properly used by Mr. Higgins' adversary, the Society 
and Mrs. Harvey, might have proven very beneficial to 
Kim. I think too the presence of counsel can be very 
helpful to everyone by reason of his or her ability 
to be a bridge, as it were, to transmit information 
and understanding to the client who may more readily 
accept it from a trusted counsel whose advice is 
respected, 

I regard that latter as being akin to the 
testimony as to the desirability of public health 
nurses and social workers establishing a rapport with 
their clients, including, for my present purposes, 
the families of abused children. Such good rapport 
was viewed as being helpful or even essential to 
successful intervention by the social or health 
agencies. Responsible counsel can assist in the 
development of such rapport without in any way being 
derelict in their duties as solicitors. 

The Legislative Assembly recognized the 
importance of preservation of solicitor and client 
privilege by providing, in subsection 4 of section 49 
of The Child Welfare Act, 1978 that nothing in sub- 
section 49 would abrogate any such privilege. 

13, I THEREFORE ENDORSE AND RECOMMEND 

the retention of the privilege of 
communications betwe e n solicitor 
and client so that a sol ic itor is 
not required to report any infor- 
mation about abuse given by a 
client who is party to any pro- 
ceeding in which the particular 
inc ident of abuse is or may be a 
factor • 



1238 



RECOMMENDATION #14 

It is apparent to me that we can succeed in 
breaking the cycle of abuse which Dr. Bates mentioned 

only if all persons in our community are better 
informed about the phenomenon of child abuse. 
Education would seem to be an important element of 
any programme to prevent abuse. I have already 
written of the education and training of persons 
entering or practicing professions and callings. I 
want now to direct attention to the need for 
programmes of education with reference to child abuse 
to be delivered or available to the public generally. 

Mr. Charko in his testimony spoke of the 
need to train people to be good parents, that is to 
care for children properly and without abuse. He 
expressed himself in an intriguing style. I do not 
wish to attempt to paraphrase or examine his 
testimony without setting forth a portion of it so 
that if I err in interpreting his testimony my error 
will be apparent to those who read the Report. He 
said : 

"...besides learning there is something 
more than just learning, there is a lot in 
the saying non schola, sed vita discimus, 
which in a sense means not for school, but 
for life we are learning and it seems to me 
that that whole area if we can teach a 
child two and two is four then maybe we can 
help this child to become a parent and 
become individual and this seems to me it 
could be done maybe right from grade one as 
a subject that would prepare every child 
for living, that would teach him how to 
relate to other human beings, how to relate 
to family setting, how to assume responsi- 
bility, but we are saying in a sense, you 
have freedom, we're going to teach you what 
you want to be taught, if you don't want it 
that's the end and then we are saying, you 
are not able to function in the community, 
out you go to fail or this type of thing. 
The whole area to me if we don't do, sit 
down also with the educators, we won't 
resolve the problem and we will be dis- 
cussing these issues of abuse twenty-five 
years later. , . " 



1239 



Mr. Charko may be somewhat in error in his 
translation of his quotation from Seneca. I am 
informed its more accurate translation is "we learn 
not at school, but in life" or "we learn not by 
lecture, but by life." 



My understanding of the thrust of Mr. 
Charko' s comments is that he believes the training of 
persons to be good parents should begin even while 
they are children, perhaps not yet enrolled in 
school. Such training would involve instruction to 
improve skills in various settings and relationships, 
family and personal, and in assumption of responsi- 
bilities. He urged those engaged in education to 
include curricula courses to provide that 
instruction. 

It seems to me that Mr. Charko was voicing 
the need for preventive programmes, beginning at an 
early age and continuing even beyond school, as a 
necessary element of any successful plan to solve the 
problem of abuse. In the same area of his testimony 
he said that the solution to the problem did not lie 
only upon children's aid societies, even much 
enlarged societies, but lay upon a number of public 
and private agencies. He said that child abuse could 
not be solved at the local level, but would require 
intervention and assistance by provincial government 
agencies. 

I view Mr. Charko's approach as being 
similar to Dr. Bates' opinion that preventive 
programmes are necessary if we are to break the cycle 
of abuse. 

Dr. Fontana and Dr. Besharov express a 
corresponding opinion that parenting should be taught 
in our school systems. They deplore the great lack 
of formal adult training courses for parenting. That 
lack in the City of Sarnia and the County of Lambton 
was demonstrated by Mrs. Harvey's testimony as to her 
search for some course of training for Jennifer Popen 
and Annals Popen. She said the Parent Effectiveness 
Training Course was all she could find. It was not 
especially designed or intended to deal with the 
particular problem. 

It is interesting to note that Dr. Fontana 
and Dr. Besharov comment favourably upon parent 



1240 



effectiveness training programmes as a means of 
providing adult education in the skills of parenting. 
I presume that such programmes are generally similar 
to that in which Jennifer Popen and Annals Popen were 
enrolled. 

It is my view upon all of this that 
training or preparation for parenting should begin at 
an early age. As Mr. Charko suggests, it is part of 
preparation for life and inter-personal relation- 
ships. Such training should form part of the 
curricula of our school systems. It should include 
appropriate portions relating to abuse in its many 
forms, neglect, physical injury, emotional abuse or 
deprivation and sexual abuse or molestation. 

The opportunity to obtain such training or 
information should not cease with the child's gradu- 
ation from school or leaving school. Corresponding 
courses should be available in the community as part 
of the adult continuing education programmes. 

I envisage inter-disciplinary teams in each 
community being responsible for the preparation of 
the materials to be used in the community and 
participating, in co-operation with educational 
authorities to an appropriate extent, in the delivery 
of the courses. I realize that again the function of 
the local inter-disciplinary teams will be guided or 
directed by materials emanating from or approved by 
the various ministries or departments of government 
regulating the affairs of the participating 
disciplines. In that latter area the Ministry should 
assume a role of importance and responsibility to 
ensure that the needs of the local children's aid 
societies are fully appreciated and, in turn, that 
those societies are kept informed of developments in 
educational procedures. 

It is to be hoped that education or 
information about the duties and responsibilities of 
parents and about the problems which may arise in 
families will be of benefit to all who receive such 
education and information. 

It will strengthen the resolve of those who 
were raised in families where love and tenderness 
flourished. That cycle will remain unbroken. 



1241 



It will show those who have been abused by 
their parents, guardians, relatives or others that 
they have truly been victims and that, unless 
something is done, there is great likelihood that 
they in turn might abuse their children. With that 
education and information and with encouragement and 
support flowing from it, those who have been abused 
may more likely recognize that, because of their own 
history of having been abused in childhood, they may 
encounter particular problems in relation to their 
own children. Hopefully they will be encouraged to 
break that cycle. 

14, I THEREFORE RECOMMEND THAT the 

Ministry co-operate with the 
Ministry of Education^ the 
Ministry of Colleges and 
U nive rs it ie s and any other ap- 
propriate agency f governmental or 
othe rw is e , responsible for the 
preparation of curricula in 
schools and other educational 
facil it ies , to ensure that such 
curricula include adequate 
prov is ions for ins t rue t ion in the 
respons ib il it ies of parenthood. 
Such intruct ion should be part of 
the general curricula and should 
be part of every pupil's personal 
course of study in elementary and 
secondary schools , Appropriately 
advanced instruction should be 
available to all students in 
post-secondary school s , colleges 
and universities. Such i n- 
struct ion should be available in 
adult educat ion prog rammes , Such 
instruction should include 
elements relat ing to child abuse. 
With educat ion and knowl edge and 
with the confidence resulting 
there f rom the cycle of abuse may 
be broken. Children's aid 
societies and multi-disciplinary 
abuse teams in local communities 
should be encouraged to 
participate in the preparation 
and del ivery of such prog rammes , 



1242 



RECOMMENDATION #15 

My next recommendation is an extension of 
earlier ones. A portion of its base is found in a 
recommendation in the Garber Report as follows: 

"21. That the Ministry continue the next 
phase of the child abuse demonstration 
program and maintain its initial and 
subsequent phases of ongoing training for 
child abuse personnel in the province." 

Mr. Charko in his testimony expressed his 
opinion that the Ministry should provide more train- 
ing for personnel working in the area of child abuse. 
He spoke of the need for care and in the selection of 
such personnel. 

Mr. Lovatt testified as to his opinion that 
"in-service training is a must, not a frill." 

In my view the Ministry must assume a 
primary responsibility for the preparation and 
distribution of materials to be used to effect such 
specialized training in child abuse. Witnesses upon 
the Inquiry spoke of the inability of the personnel 
of the Society to arrange sufficient time to prepare 
manuals of practices and procedures. I am not 
encouraged to believe that they could find sufficient 
time to prepare materials for specialized training in 
child abuse. I do not believe the Society was or 
would be unique in that. 

Mr. Charko, an official of the Ministry, 
testified as to his belief that the Ministry should 
be more active in the provision of courses to train 
personnel in the field of child abuse and in the 
selection of such personnel. He suggested that the 
Ministry was then, in September, 1978, engaged in 
some special projects to learn more about child abuse 
and the investigation and management of such cases. 

What was technically cross-examination of 
Mr. Charko by counsel for the Ministry really 
amounted to Mr. Charko's agreeing with counsel's 
statements phrased in much the way I came to expect 
from personnel of the Ministry who testified. In 
that style of statement by counsel and acceptance by 
Mr. Charko it was said that, among other things. 



1243 



training programmes were being embarked upon. In 
response to that statement, Mr. Charko did expand his 
response beyond simple acceptance and that response 
and subsequent statements by counsel and responses by 
Mr. Charko are transcribed as follows: 

"A. Certain areas, also children's aid 
societies individually they are taking some 
sort of in service training program that 
have developed, particularly larger 
societies, but even smaller ones, they meet 
together and also Dr. Herb Sohn has been 
going out to some societies to the staff to 
deal on child abuse committee and sort of 
reviewing that whole area, how the training 
could be provided and special training kits 
have been sort of, are available to the 
child abuse committee. 

Q, So that the child abuse program has 
been significantly developed? 

A. That's correct. 

Q. And it is continuing? 

A. Continuing to improve the whole system, 
the registry, the training, the procedures 
and so on. Some more documents will be 
released in the near future with regard to 
the whole child abuse program, plus several 
child abuse special projects have been 
introduced to learn more about child abuse 
and then sort of to see how we can treat 

such cases. " 

This may be another area where the Minister 
may care to inquire as to what really has come about 
since that testimony was given. 

In that response Mr. Charko seemed to 
recognize what I regard as significant differences in 
the abilities of children's aid societies to devise, 
prepare and present training programmes. Larger 
societies may have sufficient personnel and other 
resources to do so. Smaller societies may not have 
such personnel and resources. Therefore it is, in my 
view, incumbent upon the Ministry to prepare adequate 
training materials in relation to all aspects of 



1244 



child abuse and to make such materials available to 
children's aid societies and other agencies or 
institutions which may be involved in any way with 
child welfare and care, particularly protection from 
abuse. 

The Ministry, through its programme of 
seminars and workshops, should ensure that persons 
responsible for the in-service instruction and 
training of the personnel of the children's aid 
societies are themselves qualified to provide such 
instruction and training. 

It was apparent during the Inquiry that 
medical practitioners and hospital personnel, among 
others, had some difficulty in Kim's case in 
interpreting or applying the provisions of section 41 
of The Child Welfare Act . 

Physicians relied upon fellow practitioners 
to make any necessary reports. 

St. Joseph's Hospital had no formalized 
procedure to ensure that nurses or others of its 
personnel would report any instance of abuse. 

Mrs. Hewitt's testimony was to the effect 
that nurses, by training and practice, would report 
only to physicians or nursing supervisors and would 
not feel free or obliged to report to any outside 
institution or authority such as a children's aid 
society or Crown attorney. 

Mr. Khattab had not made any report to a 
children's aid society or Crown attorney in March, 
1975 or until after Kim was in the de facto care of 
the Society in September, 1975. 

I am satisfied on the testimony that 
medical and hospital personnel, even apart from their 
own professional relationships and training and 
practices, are not free of the basic problem faced by 
others. That basic problem is to determine what 
circumstances justify or require a report to be made 
in compliance with The Child Welfare Act . 

Each children's aid society should ensure 
that such training programmes and materials are 
presented to the members of the community's 



1245 



multi-disciplinary team dealing with abuse. Efforts 
should be made by the children's aid society, through 
such teams, to ensure that all local members of each 
discipline or calling represented upon such a team 
receive the information from the programmes either by 
special presentations of the programmes or through 
one of the programmes to disseminate information. 

I would regard implementation of the 
following recommendation as being partial compliance 
with the requirements of paragraph (b) of sub-section 
2 of section 2 of the Ch ild Wel f are Ac t enacted in 
1978. That paragraph imposes upon the Director 
appointed by the Minister for the purposes of that 
Act a duty to ensure that the children's aid 
societies do provide the standard of service and 
follow the procedures and practices prescribed by the 
Minister. 

There was no such provision in The Child 
Welfare Act in force during Kim's life. I would have 
thought tFat the duty set forth in the new legis- 
lation was inherent in the former legislation. The 
testimony upon the Inquiry showed that the Director, 
an employee of the Ministry, did not ensure that the 
Society, at least in Kim's case, was providing 
services to a satisfactory standard and following 
acceptable practices and procedures. During Kim's 
life there were no "prescribed" standards, procedures 
and practices. The legislation enacted in 1978, in 
sub-section 3 of section 6, requires every children's 
aid society to provide services and to follow pro- 
cedures and practices all to the standard prescribed 
by the Minister. That too was not expressly stated 
in the former legislation, and, in the absence of any 
such standards, practices and procedures having been 
prescribed, would have been meaningless. 

This portion of the new legislation perhaps 
demonstrates my view expressed elsewhere that the 
personnel of the Ministry followed the hearings of 
the Inquiry and learned from those hearings, even in 
advance of the completion of the hearings, that there 
were serious deficiencies in the legislation and in 
the performance of the Ministry. 

It now rests with the Ministry to prescribe 
standards, practices and procedures with reference to 
every aspect of the purposes of operation of 

1246 



children's aid societies and then to ensure that they 
are met. 

Upon the Inquiry there was some testimony 
to suggest that in the Ministry's view the word 
"shall," as it appeared in The Child Welfar e Act was 
not always to be treated as a mandatory expression . 
I would hope that as the Ministry interprets that 
word in relation to paragraph h of subsection 2 of 
section 2 and subsection 3 of section 6 it shall be 
treated as mandatory. That will mean the Minister 
must prescribe standards of service and procedures 
and practices to be provided or followed by the 
children's aid societies and then the Ministry, in 
the person of the Director, must ensure that services 
are provided to those standards and practices and 
procedures are followed. 

The new legislation in a sense states the 
obvious as I have done in some recommendations. 
Kim's case demonstrated the need. 

In another instance of restatement of the 
obvious, it is my view that the Ministry will not 
fulfill its statutory duties without ongoing study, 
review and revision of its published standards of 
services and procedures and practices. 

15. I RECOMMEND THAT the Ministry 

devise^ prepare and distribute to 
children's aid societies and 
similar organizations serving 
famil ies and children materials 
for training of personnel engaged 
or to be engaged in the de- 
tection, report ing , invest igat ion 
and management of cases of child 
abuse and in the protection of 
children from abuse. Those 

materials should be subject to 
ongo ing review and revision to 
ensure that they reflect current 
pol ic ies and procedures and any 
developments resulting from 
amendments of legislation or 
regulations or from judicial 
decisions. Those materials 
should be made available by the 
Ministry to other ministries or 



1247 



levels of government or agencies 
and institutions for ,the training 
of personnel who may be called 
upon by children' s aid societies 
and similar organizations to 
assist in efforts to prevent and 
minimize child abuse and the 
results thereof. The local 
children's aid society should 
ensure that community child abuse 
teams and the professions, 
callings, institutions or 
organizat ions represented thereon 
have an opportunity to receive 
such training and information or 
the portions thereof relevant to 
their act iv it ies , 



1248 



RECOMMENDATION #16 

Elsewhere in this Chapter I recommend that 
all persons working in the field of child welfare 
keep themselves informed of current opinion, theory, 
practice and procedure. That will involve some 
effort by the individuals and perhaps some modest 
expense to maintain personal libraries. 

In my view each children's aid society, as 
a corporate body, has a similar obligation. It too 
must remain current. That will involve the 
acquisition and maintenance of an adequate library of 
books and audio-visual material, with equipment to 
use the latter. 

I recall no evidence upon the Inquiry to 
the effect that the Society maintained any library 
for the assistance of its social workers either in 
specific problems or in efforts to broaden their 
knowledge generally. In my view that is a 
deficiency . 

16, I THEREFORE RECOMMEND THAT the 

Ministry should encourage each 
children's aid society to 
establish an adequate and current 
library of books and aud io-visual 
materials, with appropriate 
equipment, for the use of the 
social workers employed by the 
society. The Ministry should 
make it clear that reasonable 
sums of such purposes will be 
approved as part of the annual 
budget process , 



1249 



RECQMiMENDATION #17 

The overwhelming v/eight of the testimony of 
highly trained and experienced persons who were 
witnesses upon the Inquiry demonstrated the need for 
a "team" approach to the problem of child abuse. The 
concept of teams included teams of various 
compositions and for different purposes or different 
stages in any case of abuse or reported or suspected 
abuse. 

There should be teams comprised solely of 
children's aid society personnel. 

There should be teams comprising a variety 
of combinations of personnel depending upon the cir- 
cumstances of the community and the particular case. 

The local children's aid society, having 
the primary responsibility for the protection of 
children in the community, should be well represented 
upon any such team. Other members of such a team 
might be drawn from other community resources such as 
police, schools and boards of education, medical and 
hospital personnel, public health doctors or nurses 
and other social agencies or special purpose groups 
which may have expertise or knowledge which may be 
helpful to the team in the particular instance. 

I am satisfied that the creation and 
maintenance of local teams, composed of persons pos- 
sessing a multitude of aptitudes, skills, experience 
and training, is at least helpful and is probably 
vital to the success of any effort to prevent, limit 
or reduce incidents of abuse. 

Kim's case was an example of what can 
happen when, in effect, one person, with little if 
any consultation with others, even within the 
children's aid society let alone beyond it in the 
community, makes decisions affecting the life of one 
child. Such decisions are much too important to be 
left to one person or even to a small limited group, 
particularly if that small group may be subject to 
domination by one person, whether that dominanation 
comes about by reason of that person's position in 
relation to the others or by reason of personality or 
otherwise. 



1250 



It was said that in discussing any case 
involving the welfare of a child each member of the 
group will reflect the knowledge, training, skills 
and expertise acquired in his or her own practice of 
one profession or calling. There was no suggestion 
that any one profession or calling invariably had all 
of the right answers to every problem that might 
arise at any time in the case. The views of each 
member of the team must be expressed and then re- 
viewed in the light of the views of all other members 
of the team. In the event of disparate views there 
must be reconciliation or one must be selected in 
preference to the other or others after full dis- 
cussion and evaluation of all of the factors involved 
in the case. 

In the same way that it was generally 
accepted by those who testified in relation to this 
area that no one discipline always had all of the 
right answers to every problem in every case, it was 
clear that no one person, regardless of profession, 
calling, knowledge, training and experience, could 
claim to be the infallible source of correct 
decisions at every stage of every case. 

17 , I RECOMMEND THAT every report or 

instance of child abuse be 
investigated and managed and 
treated by a team or teams of 
qualified persons. The local 
children' s aid society shall have 
the primary responsibility for 
the creation of the team or teams 
to deal with the various aspects 
of each case. In some aspects of 
the case the team may be com- 
prised solely of employees of the 
children's aid society, but 
preferably it should have 
representation from such other 

organizations f professions, cal- 
lings, agenc ies , institut ions and 
author it ie s as may be necessary 
to provide protect ion and care to 
any child involved in the 
particular case. 



1251 



RECOMMENDATION #18 

Kim's case raised a particular problem 
touched on in part by Mr. Carter when he said Mrs. 
Harvey told him he had been removed from the case for 
"ethnic" reasons. 

It must be recognized that in Canada and 
Ontario the population is composed of people from 
many backgrounds, from various geographic areas in 
Canada and the world, from various races and 
cultures, with a variety of social, economic, 
educational and other differences. Dr. Bates touched 
upon some of these differences and he had some 
suggestions as to what might be done to overcome some 
of the difficulties arising from such differences. 

Dr. Bates, in uncontradicted testimony, 
spoke of the various levels, as it were, of conduct 
toward or treatment of children which might be 
tolerated by communities or areas. I understood him 
to say, and I would accept, that there are dif- 
ferences in those levels even between communities in 
one country and certainly between various countries 
and between various larger regions of the world. 
What one country might accept as being acceptable 
conduct by a parent to discipline a naughty child 
might be regarded as unacceptable conduct and, 
therefore, abuse of the child if it were to occur 
elsewhere. 

Accordingly Dr. Bates and others, such as 
Mr. Charko, suggested that some social workers 
dealing with incidents or reports of child abuse 
should receive some special training to enable them 
to treat or deal with the special problem of abuse 
allegedly inflicted by parents who have been raised 
elsewhere. This is over and above any problems of 
language which, in some cases, may also contribute to 
the difficulties faced by the social workers. 

I am fully aware that any such suggestion 
must be viewed in practical terms. I would think 
that the demographic features of the community served 
by a children's aid society would indicate the extent 
or range of any need for social workers with such 
special training and skill. Thus, if a substantial 
percentage of the population of the community was 
composed of families headed by adults who, as 



1252 



children, were raised in one foreign country, it 
would seem that the children's aid society serving 
that community in Ontario should strive to have 
social workers with some knowledge or awareness of 
the language and customs of that foreign country. 
Conversely, if only one family in the community was 
headed by a parent raised abroad as a child, it would 
be unreasonable to urge the local children's aid 
society to employ a social worker with knowledge and 
awareness of the language and customs of that one 
parent's country of childhood. In that latter 
instance the society might properly draw upon outside 
forces, perhaps those of the Ministry or another 
society, made available in keeping with another 
recommendation of this Report. 

Of course the overall resources of the 
local children's aid society must be considered in 
the light of the demands of the community thereon. It 
may be that, regardless of the number of parents in a 
community who were raised in a particular foreign 
country, the incidence of abuse by such parents does 
not merit the full-time employment of workers with 
special skills, knowledge and understanding of the 
language and customs of that foreign country. 

Thus, I am prepared to accept the thesis of 
Dr. Bates' observations subject to the practical 
considerations or limitations. 

18. THEREFORE I RECOMMEND that each 

local children's aid society seek 
to employ social workers who, by 
reason of their special skills 
and knowledge of the languages 
and customs of the count r ies of 
origin of persons or families 
res ident in the community but who 
were not raised in Canada, are 
espec ially qual if ied to assist in 
or manage cases or reports of 
abuse involving such persons and 
f amil ies . 



1253 



RECOMMENDATION #19 

I have written of the need for the "team" 
approach to cases of abuse. I have suggested that 
each children's aid society should be responsible for 
the creation of a team of its workers as its own 
child abuse team to fulfill its mandate under The 
Child Welfare Act . I have suggested too that each 
children's aid society should seek the formation of 
more broadly based teams in the community. 

The testimony upon the Inquiry overwhelm- 
ingly satisfied me that no one profession or calling 
is the sole and the infallible custodian of all 
current wisdom and expertise in the field of child 
abuse. The witnesses, I think without exception 
among those whose testimony addressed the matter, 
spoke of the need for the establishment and mainte- 
nance of teams to deal with the problem of abuse. 
Such teams, they said, should be coniposed of repre- 
sentatives of all professions, callings, disciplines 
and agencies which in any way might assist in cases 
of abuse. They said each case of child abuse, actual 
or reported, should be discussed and considered by 
the multi-disciplinary team functioning in the 
community . 

Since The Child Welf are Ac t imposes upon 
the Ministry and children's aid societies the statu- 
tory duty to care for and to protect children it is 
my view that it is the local children's aid society, 
assisted and encouraged by the Ministry, which should 
assume the prime responsibility for the establishment 
and function of such multi-disciplinary teams. The 
co-operation of others will be necessary to achieve 
success in that endeavour. 

There was testimony upon the Inquiry that 
in 1976 such a team was organized in the City of 
Sarnia and the County of Lambton. It seems that the 
Society assisted in the formation of that team and 
participated in its activities. However, at least 
until the spring of 1978, the Society did not assume 
any position of appropriate importance among or 
recognition or acceptance by other bodies represented 
upon that team. The functioning of the team may have 
been unduJy affected by the rules and regulations of 
the administration of the hospital about which it 
seemed to be organized. Its functioning may also 



1254 



have been affected by some incidents which led to the 
Society being held in rather low esteem by others who 
participated in the team's activities. 

In my view it would be desirable for the 
formation, maintenance and function of such multi- 
disciplinary teams to reflect local conditions and 
resources of personnel, facilities and services. 
Nonetheless, the purposes of such a team are too 
important to permit what may be the petty idiosyncra- 
cies of perhaps only one unusually influential member 
thereof to govern the direction and thrust of the 
team. 

There must be recognition that the 
representatives of the local children's aid society 
have the primary or dominant local responsibility for 
the care of the child, but at the same time there 
should be provision whereby other members of the team 
might ask for a review of any decision made by the 
representative of the children's aid society upon the 
team. Perhaps the review might be initially by the 
local director of the children's aid society with an 
avenue for further review by the appropriate field 
consultant or specialist of the Ministry assigned by 
the Ministry to advise, superintend and inspect the 
children's aid society. Such a procedure would avoid 
the unfortunate effect of an autocratic representa- 
tive of the children's aid society upon the team and 
an ineffective local director of the children's aid 
society unable or unwilling to disagree with that 
representative even for good cause. 

In this day of modern technology there 
could be almost immediate referral to the Ministry 
even during any period of local review of any 
decision. So I would suggest that, if a review of 
any decision be sought, the decision should not be 
implemented until completion of the review unless the 
Ministry's field consultant otherwise directs, even 
by telephone, because of the particular circumstances 
of the matter. 

The participation of other persons or 
organizations in such multi-disciplinary teams may 
come about only by reason of direction from other 
ministries or branches of government. Therefore the 
Ministry should request such other ministries or 
branches of government to include in such direction 



1255 



provisions requiring other participants to accept the 
contrary opinion of the representative of the 
children's aid society or to follow the reviev/ 
procedure and to be bound by the result thereof. 

The authors of the Garber Report recognized 
the need for such multi-disciplinary teams. 

Mr. McCabe, interim local director of the 
Society from May to August, 1978, was a witness upon 
the Inquiry. He spoke generally of his observations 
to say: 

"I think - I have got the feeling from the 
comments made by those who have preceded me 
in the interim people who were directly 
sent from the Ministry that the relation- 
ship with the probationary services, the 
police and the health services were not as 
good as they might have been. I think 
that's- a judgement that could be made about 
other children's aid societies too; I don't 
just select this one. 

I would say that steps have been taken 
already here to improve those relationships 
and I've personally been involved with 
meeting some of the police and with the 
probationary services and others on staff 
are continuing to meet with health 
services . 

Now, I would really emphasize the im- 
portance of close working relationships on 
teams or committees or whatever in terms of 
the prevention of this kind of thing in any 

community. " 

Dr. Turner also spoke of the need for 
inter-disciplinary teams. 

Both Mr. McCabe and Dr. Turner spoke as 
well of the need for communication within a 
children's aid society and the establishment of a 
child abuse team within the individual society. 

The establishment of multi-disciplinary 
teams with recognized standards for their operation 
should ensure a full, free and frank exchange of 
information. That exchange should be prompt and 
should not be long after the event. Disclosure of 



1256 



information by a member of such a team to other 
members of the team should not be nor be treated as 
being a breach of any confidence under which the 
information was obtained, but disclosure beyond the 
team should be prohibited or restricted to the same 
degree as the initial disclosure other than to 
members of the team might have been prohibited or 
restricted. 

19, I RECOMMEND THAT the Ministry 

seek the active co-operation of 
other ministries of government 
respons ihle for the regulat ion of 
professions, callings, insti- 
tutions and authorities the 
pract ice or funct ion of which may 
in any way relate to child abuse 
so as to ensure the establ ishment 
and function of multi-discipli- 
nary teams. Each children's aid 
society shall be responsible for 
the institution of proceedings 
necessary for the formation of 
such team or teams as may be 
required to serve its community 
or commu nit ies , Each such team 
shall develop its own practices 
and procedures recognizing the 
dominant responsibility of the 
children's aid society and the 
Ministry to protect and care for 
children. It should be made 
clear that, provided it is made 
for the purpose of the team's 
consideration of a particular 
case, disclosure of information 
by and among persons s erv ing on 
such a team shall not be nor be 
deemed to be a breach of any 
conf idence that might ot he rw is e 

attach to such informat ion. 



1257 



RECOMMENDATION #20 

It is convenient for me here to comment 
upon the formation and operation of the child abuse 
team witnin the children's aid society, the team 
composed of its own workers. 

In concluding her testimony and responding 
to counsel's request that she express any recommen- 
dation she felt should be made in this Report, Mrs. 
Lo said it would be helpful if a group of workers 
were involved in any case of abuse, even from the 
earliest stages, to determine plans and goals for the 
case . 

Mr. Zwerver in his response to the same 
type of question said: 

"...Investigating and carrying child abuse 
cases is a very stressful and onerous 
responsibility. The very lives of children 
are a worker's responsibility. Workers 
need and are entitled to all the support 
possible to carry out those responsibili- 
ties, I believe that that means that only 
workers who are seasoned and specially 
trained should have the responsibility of 
investigating complaints of physical 
assault or injury to a child and that 
wherever humanly possibly, and I stress 
possible, although I think it's extremely 
important, two workers should go out on the 
initial call and this will provide support 
to the workers who go out and also minimize 
the role confusion for one worker to be 
supportive to the family as well as 
authoritative in an investigative fashion. 
We heard reference made, I think by Mrs. 
Farina and Mr. Heath, to the problem of 
role confusion. Workers carrying validated 
child abuse cases need to provide the 
primary service to the child and his family 
and that means that someone has to coordi- 
nate the child abuse case at all times. 
One worker must be designated that res- 
ponsibility. When this happens a great 
deal of time and energy is required to co- 
ordinate the activity of support personnel, 
not only within the Agency, but also 



1258 



support personnel in the broader com- 
munities whose energies and expertise are 
brought to bear to work with the family and 
the children of that family. What this 
then means is that only a very small case 
load can be carried by one worker at one 
time, probably no more than seven or eight 
cases. Flowing from that there must also 
be built into the Agency a support 
structure for that worker to get input 
quickly when necessary and consistently all 
the time. This means that when a worker 
has a particular need or is dealing with a 
crisis situation like a child abuse case, 
and there tend to be many crises in child 
abuse cases, there must be someone 
designated within the Agency with whom that 
person can communicate and from whom the 
worker can expect support and whatever 
assistance is required, whether this be the 
worker's supervisor or a designated senior 
staff person within the Agency. Without 
that kind of support that responsibility 
cannot be carried out adequately." 

In my view those two responses, from two 
persons at or near opposite ends of training and 
experience and expertise in child abuse, represent a 
distillation of a common opinion. I assume that Mrs. 
Lo ' s comment was based largely, if not entirely, upon 
her experience in Kim's case. In that case there was 
no "team" approach and there were no recorded or 
defined plans or goals. Mr. Zwerver's comment was 
much more broadly based and comprehensive. 

Mr. Zwerver's comment set forth in a few 
sentences the gist of much of the testimony of 
others. Work upon child abuse cases is stressful and 
onerous. Workers on such cases require support from 
others, both inside and outside the children's aid 
society. They themselves require special aptitudes, 
knowledge and experience. If possible two workers 
should be assigned to the initial investigation of 
any case so as to separate as much as possible the 
investigative and later management phases of the 
case. 

There was an abundance of testimony upon 
the Inquiry as to the desirability of children's aid 

1259 



societies assigning specially qualified workers to 
abuse cases. The bulk of the testimony suggested 
that only such highly qualified workers should be 
assigned to such cases. 

However, Dr. Turner, while adopting the 
thrust of that testimony, relaxed it somewhat. He 
was asked to comment upon Mrs. Lo's being assigned to 
Kim's case. His response was: 

"A. I presume in this situation Your 
Honour, that assign means giving consider- 
able responsibility for the case and in 
that instance, I have of course very grave 
concerns. I'm not concerned that Mrs. ... 
a person such as Mrs. Lo might be a part of 
a case because certainly there are agencies 
who make use of this type of person as a 
resource, as an added input into a case but 
I am increasingly convinced and the evi- 
dence is overwhelming that we need our... 
absolutely most qualified people on these 
cases and that in no way is going to ensure 
that we won't make mistakes but it certain- 
ly is going to result in cutting down on 
mistakes being made. 

I would want to know and hope that Mrs. Lo 
received at least some basic orientation to 
the nature of child abuse cases and one 
thing that is very much on our side in 
these days is that because of the very high 
interest in this type of case, there is 
just an abundance of excellent literature 
around that would be useful for someone - 
even if they did no more than two or three 
weekends of reading on it would be at least 
a minimum orientation to it..." 



"...And I'm not saying that the Mrs. Los of 
this world cannot be helpful in this type 
of case but it's even more serious if we 
have assigned them to take on these 
responsibilities without preparing them for 
them." 

In my view Mr. Zwerver was correct in his 
testimony to recognize the importance of the task of 



1260 



social workers assigned to child abuse cases. He 
said the very lives of children are the responsibi- 
lity of those workers. He said such workers should 
be "seasoned and specially trained." 

Dr. Bates spoke of the subtleties of child 
abuse that might be "easily missed by someone who is 
not conversant in a problem." That too is a valid 
concern. 

In my view the general concept that cases 
of child abuse are serious, difficult, complex, 
stressful and demanding is correct. I accept the 
ensuing proposition that therefore they should be 
assigned only to fully knowledgeable and experienced 
and well qualified workers. I use the verb "assign" 
in the sense suggested by Dr. Turner, namely that 
assignment connotes the assumption of responsibility 
for the direction or management of the case or for 
the performance of important functions or the making 
of important decisions in the case. 

I do share Dr. Turner's view that in 
appropriate cases, after acquiring some knowledge of 
the phenomenon of child abuse, qualified social 
workers, inexperienced in field work upon child 
abuse, might be assigned to specific tasks or roles 
in a case under the supervision of the senior worker 
who shall remain responsible for the entire case. By 
way of analogy, I envision a relationship not unlike 
that of master and apprentice or barrister and 
student-at-law. Without such a means of introduction 
to the practical application of knowledge gained in 
an academic setting or from literature no one could 
become an experienced worker qualified to assume 
responsibility for cases at some time in the future. 

It would seem to me that service as a 
junior member of the society's abuse team could form 
a useful part of the society's in-service training of 
workers who, in the opinion of the supervisory 
personnel of the society, possess other attributes to 
enable them to become qualified to work upon cases of 
abuse . 

In my view every children's aid society 
should have a group of its workers who constitute its 
own child abuse team and who participate in the 
function of the community's child abuse team. The 



1261 



society's child abuse team should be an elite group, 
men and women specially selected on the basis of 
aptitude, knowledge and experience to qualify them to 
provide the society's services to children and 
families affected by child abuse. 

There should be provision for in-service 
training to ensure that the members of such a team 
are kept aware of developments in relation to child 
abuse cases and that they remain properly qualified. 
There should be provision for in-service training of 
other social workers selected by the Society's 
supervisory personnel so as to enable such workers to 
progress to membership in the child abuse team. 

Upon the testimony as to the incidence of 
abuse it may very well be that the number of abuse 
cases will not require the full attention of any or 
all of the members of the child abuse team. If so 
that is advantageous in two ways. 

Firstly it ensures that workers will have 
some respite from the stresses and tensions of child 
abuse. Testimony and other material discussed upon 
the Inquiry indicated that the demands of child abuse 
cases upon workers were such that workers should be 
relieved therefrom by assignment of other duties in 
whole or in part. 

Secondly the highly qualified workers will 
have an opportunity to further the society's 
programmes to prevent abuse, which are of paramount 
importance to the ultimate solution of the problem, 
and to provide to other personnel certain parts of 
in-service training in abuse. In the same vein the 
members of the abuse team will be able to expand and 
refresh their own knowledge, by reading, study or 
attendance at seminars and the like. 

The matter of personnel to be assigned to 
cases of abuse is a part of the subject matter 
discussed in the Garber Report with reference to Re- 
commendation #19 therein. That recommendation calls 
for the provision, province-wide, of a protective 
service intervention "by persons who are classifiable 
as social workers, under the regulations of The Child 
Welfare Act and who have had specific training and 
experience in child protection, investigation, inter- 
vention, and apprehension." That statement as to the 



1262 



qualification of personnel is in accord with the 
tenor of the testimony upon the Inquiry. 



20 . 



I THEREFORE RECOMMEND THAT each 
children's aid society select 
from among s t its social workers 
an appropriate number of persons 
to form the society ' s child abuse 
team. The social workers so 
selected shall be qualified for 
such assignment by reason of 
personal aptitudes, know 1 edg e , 
skill and experience especially 
required to deal with all phases 
of child abuse cases. One or 
more members of that team shall 
be readily available at all times 
to provide service to existing or 
new cases as required , That team 
shall be assigned to provide 
service to all cases of abuse for 
which the society is respons ible , 
Primary responsibility for an 
individual case will be assigned 
to an ind iv idual member of the 
team after discussion of the case 
by the team. One member of the 
children's aid society's manage- 
ment or supervisory staff shall 
be assigned as the resource 
person to whom the worker pri- 
marily responsible and the 
associated team of the society's 
workers may look for support or 
advice in case an emergency 
arises when normally desirable 
conf erences cannot be convened , 
and who also will attend such 
regular conf erences in relation 
to the case. Active service upon 
the team shall be rotated among 
the soc iety ' s properly qualified 
social workers , Members of the 
team should be ass ig ned to other 
duties as well. Less qualified 
social workers shall receive 
in-service training with the team 
so as to attain proper qualifi- 
cation and appointment to the 
team in due course. 



1263 



RECOMMENDATION #21 

Testimony upon the Inquiry demonstrated the 
necessity for prompt and thorough investigation of 
all reports or cases of abuse. Kim's was a case 
where the investigation was neither prompt nor 
thorough. That deficiency contributed to the final 
sad result. 

Dr. Singh asked Mr. Khattab to conduct an 
investigation in March, 1975. Mr. Khattab confined 
himself to conversation with Jennifer Popen. He made 
no investigation in any real sense. He did not even 
make a report upon his conversation with Jennifer 
Popen. 

In June, 1975 the Sarnia Police Force was 
not prompt in its responses to Dr. Jumean's telephone 
call. Almost a day went by before the police 
contacted the Society. The Sarnia Police Force had 
done nothing to inquire about or to ensure Kim's 
safety in the meantime. The police left the matter 
in the hands of the Society and conducted no 
independent investigation of any of the contents of 
Dr. Jumean's conversation with Staff Sergeant Allan. 

In June, 1975 the Society responded 
promptly to information from the Sarnia Police Force. 
However the response was limited to only the most 
initial phases of a proper investigation. Further 
investigation was needed. That need was recognized. 
Nothing was done. 

From September, 1975 to February, 1976, 
after another injury brought Kim to their attention 
on August 31, 1975, the Sarnia Police Force and the 
Society were again involved. The police investi- 
gation appears to have been sketchy. The Society, 
represented by Mrs. Harvey and Mr. Carter, conducted 
virtually no independent investigation because of 
their acceptance of Mr. Higgins' statements 
purporting to limit the Society's contact with 
Jennifer Popen and Annals Popen. 

All in all the court proceedings arising 
from Kim's suffering and injuries proceeded without 
adequate investigation by anyone. The prime 
responsibility lay upon the Society which, by section 



1264 



6 (2) of The Child Welfare Act , was bound to perform 
certain duties, including: 

"(a) investigating allegations or evidence 
that children may be in need of 
protection; 

(b) protecting children where necessary; 

(c) providing guidance, counselling and 
other services to families for protect- 
ing children or for the prevention of 
circumstances requiring the protection 
of children;" 

Both Dr. Turner and Dr. Bates in their 
testimony stressed the importance of investigation of 
all incidents or reports of abuse. The purpose of 
such investigation is not necessarily to support 
proceedings against parents, as by a prosecution 
under section 40 of The Child Welf are Act as was 
undertaken against Jennifer Popen and Annals Popen. 
Nor is the purpose necessarily to support an 
application by a children's aid society to obtain 
custody of a child, as the Society sought to do in 
respect of Kim. 

The investigation should be broad enough to 
enable its results to be available for use upon any 
such prosecution or application if it were thought 
necessary to institute any such proceedings. But the 
prime purpose of the investigation should be to 
obtain information which will be helpful in prevent- 
ing further instances of abuse to the same or other 
children in the family and in enabling the children's 
aid society and other social or community agencies to 
assist the family and protect the child. 

Dr. Singh's request to Mr. Khattab in 
March, 1975 embodied that concept. He asked that 
there be an investigation of "the environmental and 
social status the [Popen] family lives in." 

Dr. Turner is his testimony spoke of the 
need for investigation to enable those responsible 
for the treatment or management of each case to be in 
possession of accurate information. That information 
is needed to provide a proper basis for the necessary 
assessments and decisions to be made from time to 
time during the case. Such assessments and decisions 
might relate to such matters as the gravity of the 



1265 



situation, the probability of the occurrence of any 
particular outcome of the case and the steps or 
procedures to be taken or instituted to achieve a 
desirable result. Dr. Turner spoke of a social 
history or psycho-social history of the family as 
being an essential part of any such investigation. 

Dr. Turner spoke of the need for the 
responsible agency in each case to determine the full 
nature of that case. He said that agency should be 
able to assess the strengths and limitations of the 
case. To do so it would have to consider what infor- 
mation it already had, what further information was 
necessary or desirable and what information might be 
available upon investigation. 

He said that in many instances information 
is obtained too late to be useful in the particular 
case. Kim's was an example of that. Information 
about Jennifer Popen was not obtained until after 
Kim's death. He said that the agency should know 
that one of the problems in cases of abuse is that 

information is often, but not always, available and 
sometimes, though available, is not obtained. 

As Dr. Turner testified to that effect I 
could not help but think of how appropriate his words 
were to Kim's case. A comparison of the testimony 
upon the Inquiry with the testimony upon the trial of 
Annals Popen upon the charge under section 40 of The 
Child Welfare Act and with the testimony upon the 
hearing of the Society's application for custody of 
Kim demonstrates Dr. Turner's testimony. 

The paucity of the information acquired by 
the Society in relation to what was available had 
there been an adequate investigation by the Society 
was demonstrated by Mr. Lovatt's statement in 
testimony upon the Inquiry that: 

"...at that time [February, 1976 after 
Annals Popen was found guilty upon the 
charge under section 40 of The_Ch£]^d 
Welfare Act ] we did not know too much about 
the background of this girl [Jennifer 
Popen] . " 

His use of the word "too" before the word "much" was 
gratuitous. He might better have acknowledged that 



1266 




Detective Inspector Hill was able to make 
available to the Inquiry an abundance of material 
which, without undue effort, would have been avail- 
able to the Society in 1975 and early 1976. That 
material related to Jennifer Popen's background. 

The only apparent excuse for its not being 
known to the Society in 1975 and 1976 was that the 
Society had been prevented from seeking it out 
because of Mr. Higgins' restriction upon Mr. Carter's 
work. Mrs. Harvey at one point in her testimony was 
involved in the following exchange of questions by 
counsel and her responses thereto: 

"Q. Yes, you see I'm trying to get a handle 
on the priorities for the case as you saw 
it in the Fall of 1975, and the suggestion 
in your testimony so far has been that it 
was a big priority to get the Judge to make 
an order so that the child would be of- 
ficially under your care. Do I understand 
that correctly? 

A. Yes, after we had the child in our care 
then the second priority would be to ensure 
that she stayed in our care. 

Q. And up until the time that you got that 
order the need to actually get it pre- 
dominated over any need to do further 
investigation or further groundwork, is 
that what you're telling us? 

A. If we could have done the investigation 
and groundwork that would have been as 
important as getting the case to the court 
because the two things go together. 



Q. 



Yes. 



1267 



A. You cannot separate them. 

Q. That's right. 

A. They would have gone together, but we 
were somewhat handicapped. 

Q. You weren't able to do that and so the 
only thing that you were striving to do was 
actually get an order. 

A. I wanted to get an order so that we 
could get the lawyers out and the C.A.S. 
in. 

Q. And what I am attempting to do is 
understand it from an experienced super- 
visor's point of view. I think you just 
put it in a nutshell there in your last 
statement that you wanted to get control of 
the case as opposed to other parties that 
were interfering. 

A. Yes, we wanted to be able to get in 
there and get some work done for this 
family. 

Q. You had missed basically six months 
from the beginning of August to the end of 
February? 

A, Yes, it was a dreadful waste. 

Q. When you could have done a lot of work 
for the family. 

A. Yes." 

At another point in her testimony, when asked about 
the climate surrounding the court proceedings up to 
and including February, 1976, Mrs. Harvey had said: 

"A. Well, for one thing, you have had 
testimony from Mr. Carter that he was 
experiencing difficulty in interviewing the 
Popens. We were not able to get in there 
and do the work that we were supposed to be 
doing . 



1268 



Q. Investigation of the Popen house? 

A. Yes, and working with the parents and 
finding out more about them, which is what 

one does." 

Kim's was a case which, in my view, 
demonstrated the unfortunate results which might flow 
from inadequate investigation. Even apart from the 
entirely inexcusable lapse from June 17, 1975 to 
September, 1975, during which time there was no 
investigation in respect of Kim, the Society did 
nothing of a substantial nature to investigate the 
circumstances of Kim's family after September, 1975. 
That lack of investigation continued after February, 
1976, when the Order supposedly so desired by Mrs. 
Harvey was issued. To use Mrs. Harvey's words, Mr. 
Higgins was "out" and the Society was "in." Even 
then the Society did not avail itself of the 
opportunity to obtain information which was quite 
easily and readily available, but was not, so far as 
I am aware, known to the Society until the Inquiry 
was undertaken. Such information certainly was not a 
demonstrated factor in any decision relating to Kim 
made by the Society during her lifetime. 




Mrs. Harvey said that it was not until 
later, I presume she meant after Kim's death, or at 
least after February, 1976, that she learned that the 
Society might have applied to the Provincial Court 
(Family Division) of the County of Lambton to avoid 
any impediment which Mr. Higgins sought to place in 
the way of investigation by the Society's personnel. 

I am not clear as to what she felt might be 
accomplished by such an application or as to her 
belief that the Court had jurisdiction to entertain 
it. I would have serious concern about the efficacy 
or propriety of any order appearing to require a 
parent in the position of Jennifer Popen and Annals 
Popen from September, 1975 to March, 1976 to submit 



1269 



to "quizzing," to use the verb attributed to Mr. 
Higgins, by investigators on behalf of an adversary 
such as a children's aid society or police force. 

It may very well be that skilled counsel 
for the children's aid society might gain an 
advantage from that sort of attempt by opposing 
counsel to limit investigation. The only advantage 
would seem to be to obtain access to the home to 
inspect the physical conditions therein. 

The deficiencies in the investigation of 
Kim's case by the Society and the absence of 
practices and procedures to be followed supply 
another demonstration of the need for the enactment 
in 1978 of paragraph h of subsection 2 of section 2 
and subsection 3 of section 6 of the present Child 
Welf are Act . I have dealt with that at greater 
length~ln my comment leading to Recommendation #15. 

With ongoing review and amendment of the 
standards of services and the practices and 
procedures by the Ministry and the fulfilment of the 
Ministry's duties to enforce compliance therewith by 
the children's aid societies, we should be able to 
minimize the chances of another case life Kim's. 

2 1, I RECOMMEND THAT upon receipt by 

a children's aid society of any 
report or informat ion relating to 
abuse or suspected abuse of a 
child the children' s aid society 
must forthwith commence and 
diligently complete a thorough 
and orderly invest ig at io n , Pro- 
cedures for the conduct of any 
such investigation should be 
devised by each children's aid 
society in a manner to satisfy or 
exceed standards therefor 
prepared or to be prepared and 
maintained by the Ministry. 
Those procedures should entail a 
prompt r eco rd ing , in permanent 
form, of 

(1) the source, if known, and the 
contents of the report lead- 
ing to the invest ig at ion ; 



1270 



(2) the preliminary results of 
the initial investigation; 

( 3 ) the assessment of those 
prel iminary reports includ ing 
such matters as the gravity 
of the case and the need for 
further investigation or 
other action; 

(4) if further inves t ig at ion or 
other action is required , the 
nature and purpose thereof 
and 

( 5 ) the assessment of the 
complete investigation and 
its resul ts , 

Like all standards those 

standards must be the subject of 
on-go ing review and revision, if 
indicated • 



1271 



RECOMMENDATION #22 

Having stated the obvious need for prompt, 
orderly, organized and thorough investigation of 
reports of abuse or suspicion of abuse there remains 
the question of the personnel who should be employed 
to conduct such investigations. 

The testimony upon the Inquiry overwhelm- 
ingly supported the concept that child abuse in all 
of its facets was such a complex matter with so many 
subtleties and variations that only highly trained 
and experienced personnel should be involved in cases 
of abuse. 

There was no suggestion that the 
investigative phase of any case should be handled by 
other than such highly trained or experienced 
personnel. There was testimony to suggest that the 
initial investigation and the assessment of its 
results could be - among the most important phases of 
any case of child abuse. 

In his comment upon the events of June 17, 
1975 in relation to Mrs. Saul's call to see Kim, Dr. 
Turner expressed the hope that Mrs. Saul, even at 
that time, with the information then given to the 
Society, would have recognized that it was a critical 
case. He said virtually all of the indicators of a 
situation of high risk to Kim were present. There 
were reports of prior injuries and admissions to 
hospital which should have been verified immediately. 
There was the factor of repetition of incidents. 

Dr. Turner spoke of the serious alarm that 
all of that should have caused to a social worker 
functioning adequately in the field. His testimony 
suggested that then, or very shortly thereafter, 
after investigation of the reports of prior 
incidents, consideration should have been given to 
the apprehension of Kim by the Society. Dr. Turner 
said it was a matter of judgement of the initial 
worker as to whether or not the child should be 
apprehended at once. 

Dr. Turner emphasized the need for 
evaluation of the situation by the social workers 
initially assigned to a case. He said mere 
reporting, without evaluation and assessment, is not 



1272 



sufficient. Evaluation and assessment entail 
judgement. 

I am satisfied that, from the very 
beginning of any child abuse case, specially trained 
and experienced social workers should be assigned to 
it. Less well trained or less experienced workers 
may be assigned as assistants in the case so that 
they too may obtain the field training and experience 
necessary to complement their academic training and 
education. That is one aspect of in-service 
training. 

There may be instances in any children's 
aid society when such trained and experienced 
personnel are not immediately available to enter upon 
the initial investigation. That should not be cause 
to delay the commencement of the investigation which 
should then be undertaken by the most highly 
qualified workers available. In such an instance the 
initial workers should be relieved as soon as 
possible by fully qualified social workers. 

Dr. Bates in his testimony suggested that 
children's aid societies should more often seek the 
assistance of police officers in the investigative 
stage of serious or difficult cases of child abuse. 
He based that suggestion upon his opinion that, by 
the very nature of their employment, police officers 
were among the most highly trained and experienced 
investigators in the community. 

There was other testimony to the effect 
that responsibility for investigation of a report of 
abuse and thus possibly direct responsibility for the 
prosecution of criminal or quasi-criminal charges 
against a member of the child's family or the 
presentation of an application to declare the child 
to be a child in need of protection could create 
difficulties for the social workers of a children's 
aid society in the future management and treatment of 
the case. The suggestion was that the family might 
regard the personnel of the children's aid society as 
being responsible for the family's problems in such 
proceedings and thus might be less amenable to the 
efforts of those same social workers to assist and 
counsel the family after the conclusion of such 
proceedings. The result might be that the social 



1273 



workers would be less effective in the management and 
treatment stage of the case. 

It is a natural extension of that to 
suggest that social workers of a children's aid 
society responsible for the investigation of any case 
and the prosecution of any charge against a family 
member or an application to court in respect of the 
child should be a separate group apart from the 
social workers who ultimately will treat and manage 
the case. Those latter workers require a rapport 
with the family which they may not be able to develop 
if they have been in the position of testifying in 
court seemingly against the family. 

In my view that latter position of apparent 
conflict in the two roles of the workers, that of 
investigator and possible adversary and that of 
supportive, helpful and understanding advisor, is not 
confined only to cases of abuse. 

22, I RECOMMEND THAT each children' s 

aid society shall ensure that an 
appropriate number of its social 
workers, specially selected on 
the basis of apt itude , knowl edg e 
and skillSf are spec ially trained 
to invest igate reports and cases 
of child abuse and to report 
thereon promptly. Any such 
report shall contain the author ' s 
assessment or evaluat io n of each 
facet of the inv est ig at io n to- 
gether with recommendat ions as to 

whatf if anything , might flow 
from the inv est ig at ion and what 
further, if any thing , might be 
necessary or desirable. Invest i- 
gation of any report or case of 
child abuse should be entrusted 
only to such spec ially chosen and 
trained investigative social 
workers who may be assisted by 
other social workers who may be 
rece iv ing in-serv ice training in 
investigation of child abuse. 
The temporary absence of such 
spec ial 1 y trained invest ig at ive 
social workers should not delay 



1274 



the commencement of the investi- 
gation. It must begin at once 
with the most qualified social 
workers who are available and who 
should be rel ieved as quickly as 
poss ibl e , If its complement of 
social workers justifies or 
enables it to do so, each 
children's aid society should 
seek to ensure that the investi- 
gative social worker s are not in 
direct contact with the family 
during the management and 
treatment of the case after 
final ization of any court 
proceedings arising from the 
invest ig at ion. 



1275 



RECOMMENDATION #23 

I recognize the validity of Dr. Bates' 
testimony as to the investigative expertise of police 
officers. There will be reports or cases of child 
abuse which may be beyond the investigative 
capability of social workers. If the social workers 
feel they lack the necessary skills the children's 
aid society should not hesitate to request assistance 
from the police. That should help to ensure an 
adequate investigation. That should help to protect 
the child and the community. The police must respond 
promptly and adequately to any such request. 

Apart from difficulties of investigation 
there may be other circumstances which should lead to 
the involvement of police officers. 

The nature of the abuse would be one such 
factor. Police should be informed of instances of 
certain types of abuse, but the classification of 
those types will depend upon the judgement of the 
social workers. Criteria for the exercise of such 
judgement should be developed by discussion among the 
children's aid society, the Crown attorney and the 
police. 

It is my view that physical injuries as 
serious as Kim suffered in 1975 were such as would 
merit referral to and action by the police, but a 
report of abuse which related only to a failure of 
the child to thrive slightly less well than expected 
might not merit such a referral or action. Other 
abuse, such as sexual molestation, may, by its very 
nature, require such a referral as a means of 
protecting other children in the home or in the 
ne ighbourhood . 

A children's aid society may also find that 
referral to the police is helpful in the establish- 
ment of the rapport necessary for its successful 
long-terra management of the case. In establishing 
that rapport with the family the children's aid 
society must be careful not to denigrate the police 
in the eyes of the family. 

In the event of any referral of a matter to 
the police the children's aid society should ensure 
that it is kept fully apprised of the investigation 



1276 



by the police and its results. The children's aid 
society still remains responsible for ensuring that 
all information needed for its purposes is obtained. 

23. I RECOMMEND THAT in any instance 

of abuse or alleged abuse which, 
in the opinion of the child abuse 
team of the children's aid 
society, should be investigated 
by police officers the children' s 
aid society should promptly in- 
form the police force respons ible 
for the provision of police 
services to the community and re- 
quest its co-operation to conduct 
the invest igat ion and, if deemed 

necessary, to gather particular 
informat ion for the assistance of 
the children's aid society in its 
inves t ig at i o n , management and 
treatment of the case. The 
police must promptly assume 
conduct of the investigation and 
collection of information and 
must keep the children's aid 
society fully informed thereof » 
There should be a confidence 
between police officer and social 
worker to ensure a full exchang e 
of informat ion. This may require 
the Ministry to obtain the 
co-oper at ion and support of the 
Ministry of the Solicitor 
General , 



1277 



RECOMMENDATION #24 

As written in relation to the preceding 
recommendation, the testimony upon the Inquiry 
contained reference to the special skills of police 
officers as investigators of allegations or incidents 
of abuse. It was suggested that local children's aid 
societies should avail themselves of those skills. 

There was however some concern that police 
officers would be interested only from the point of 
view of gathering evidence to establish guilt and, 
thus, might not be prepared to investigate other 
facets of the case which would be of interest to 
social workers responsible for the long term 
management and treatment of the case. 

I do not recall that this was expressed in 
so many words, but I gathered that the concern was 
that police officers, by reason of their training and 
experience, would seek to gather evidence to show the 
nature of the abuse upon the child and to identify 
the person or persons who inflicted it and the time, 
place and method of its infliction. It seemed to be 
suggested that other aspects of the aetiology of the 
abuse would be of no concern to police officers and 
thus would not be investigated by them. Such aspects 
might include the background of the parents, their 
psycho-social history as it were. They might also 
include other possible causative factors which 
indicated crisis in the home or that the child was, 
for some reason, a high-risk child. 

I am not prepared to say that such concerns 
about the limitations of the interest of police 
officers are valid. For my own part I would hope 
that they are not. I am encouraged in that by the 
testimony that members of the Sarnia Police Force 
have been valuable participants in the function of a 
community-based child abuse committee in the City of 
Sarnia. There was other testimony that generally 
participation of police forces in such committees was 
desirable and important. I regard that as recog- 
nition that one of the functions of a modern police 
force is to prevent crime and breaches of the law. 
There was no testimony upon that latter point, but I 
take it to be common knowledge that crime prevention 
is a modern police function. 



1278 



I mention that latter concern only to 
strengthen the basis of the second part of my next 
recommendation. If that concern is valid, that part 
of the recommendation will overcome it. 

Local police officers can assist the staff 
of the local children's aid society in various ways, 
not only in investigations of cases of abuse. There 
was testimony upon the Inquiry to show that police 
officers having contact with families in performance 
of other police functions often acquire information 
which may be helpful to the children's aid society in 
dealing with those families in a variety of ways. 
That was one of the reasons given for the need for 
the participation of police officers in community- 
based operations such as child abuse committees. 

It would seem to me that police partici- 
pation in the operation of a child abuse team could, 
without too much difficulty, be expanded to make 
police investigative skills available to children's 
aid societies. I would think that police officers 
assigned to assist a children's aid society in a 
particular investigation, as well as their superior 
officers to whom they report and, if need be the 
Crown attorney, would be entitled to exercise 
discretion and refrain from laying criminal or 
quasi-criminal charges if it appeared that the best 
results, having regard for the child, the family and 
the community, would be achieved without such charges 
being laid. 

If I be correct in that belief the police 
participation in such a local child abuse team could 
include that investigative element. 

If I be in error in that belief or if the 
local police administration or Crown attorney feel 
obliged to prosecute every instance of abuse 
regardless of the effect of mere prosecution of the 
charge apart from any finding of guilt resulting from 
such prosecution, then I move to the second part of 
the next recommendation. 

This recommendation assumes that the only 
inadequacy within the local children's aid society's 
ability to deal with abuse is in the area of 
investigative skills. An alternative to a request 
for investigative assistance from the Ministry would 

1279 



be a request for such assistance from the local 
police force. Such a request would be made upon the 
understanding that the investigation is only a part 
of the overall management and handling of the case 
and that the laying or prosecution of criminal or 
quasi-criminal charges should not inevitably in every 
instance follow if the investigation reveals abuse 
and identifies the perpetrator thereof. 

If, for any reason, an understanding 
between the children's aid society and the police 
force such as I mention in the recommendation cannot 
be reached, the local society should employ its own 
investigative personnel. Those persons could very 
well be men and women who have retired or resigned 
from police forces. They need not be permanent 
employees of the children's aid society. 

Bearing in mind that incidents or reports 
of abuse may occur at any time, the children's aid 
society should arrive at such an understanding with 
the local police force or arrange the employment of 
its own personnel so that properly skilled inves- 
tigators will be immediately and always available to 
assist other employees of the children's aid society 
in the overall handling of the case. 

While I have written of the possible 
involvement of police officers in the investigative 
phases of abuse cases it must be realized that 
investigation of cases of abuse cannot be limited to 
ascertainment of the fact of abuse and of the 
identity of the perpetrator of the abuse. Thus even 
persons who have had extensive investigative ex- 
perience in criminal matters will require instruction 
with reference to information desired or needed for 
the further goals or purposes of investigation of 
cases of abuse including subsequent planning, 
management and treatment of the case by the 
children's aid society. 

Dr. Bates in his testimony spoke of the 
need for the investigation to provide information 
which will be useful to those who are obliged to 
prepare and implement the plan for the management of 
the case and the protection of the child. He spoke 
of the need for information upon which to base 
assessments of the family and of the child. He said 
the investigation should seek information about the 



1280 



childhood and past history of each parent, about the 
relationship of the parents in their marriage or 
otherwise one to the other, their functioning in the 
community and their extended families and their 
relationships with the child and between themselves. 

Dr. Turner had similar expectations of what 
might come from an adequate investigation. He spoke 
of the need for a psycho-social history of the 
family. 

It was stressed in testimony upon the 
Inquiry that at no time during Kim's life did the 
Society, responsible for her care and protection, 
have sufficient information about the background of 
her parents. Upon the Inquiry such expression of 
opinion was largely, and I think deservedly, directed 
to an absence of information about Jennifer Popen. 
It might just as deservedly be directed to the lack 
of information about Annals Popen. The Society had 
made no adequate investigation such as Dr. Singh 
envisaged in March, 1975. 

24. I THEREFORE RECOMMEND THAT if a 

local children's aid society 
lacks personnel qualified and 
skilled in the techniques of in- 
vestigation of child abuse, or if 
the assignment of its personnel 
to investigation of an incident 
or report of abuse may diminish 
the society's ability to deal 
with other facets of the case, or 
if the nature of the case is such 
that it is necessary or desirable 
that the police be informed of 
it , the society should enlist the 
assistance of the local police 
force to conduct the investi- 
gative phase of the case. In 
such an instance the assistance 
should be given upon the 
pre-arranged under stand ing that, 
despite what may be revealed upon 
the invest ig at ion , criminal or 
quasi-criminal charges will not 
be laid if they might prevent or 
hinder the successful attainment 
of an overall satisfactory 



1281 



conclusion to the case in the 
best interests of the child, the 
family and the community , 



1282 



RECOMMENDATIONS #25 and #26 

Throughout this area, perhaps by reason of 
the very nature of Kim's case, the testimony and 
opinions of witnesses were directed towards incidents 
of abuse of children by parents or other members of 
the family. My remarks have been similarly limited 
although, subject to my remarks upon the adequacy of 
that particular portion of the 1978 legislation, I am 
prepared to have them apply to situations in which 
parents or persons having charge of children permit 
them to be abused by others. 

An incident of abuse of a child by a member 
of the child's family or permitted by a member of 
that family would seem to me to be of the sort 
requiring the extensive and thorough investigation 
mentioned in the testimony. If the child were abused 
by a comparative stranger, such as a baby-sitter or 
teacher, or by an utter stranger, assuming the act 
was not permitted by a member of the child's family, 
there would not appear to be a similar need for an 
investigation into the family of the child, but 
rather it should be into the background of the 
stranger. 

The following recommendations relating to 
investigative procedures assume that the 
investigation relates to an incident where abuse of a 
child was perpetrated or permitted by a member of 
that child's family. 

There was testimony as to Jennifer Popen's 
feeling of isolation even amongst other members of 
the extended family of Annals Popen in and around the 
City of Sarnia. 

I accept the view inherent in the testimony 
that an investigation of an incident of abuse is 
incomplete until and unless it provides information 
which will enable those responsible for the 
management of the case to make accurate assessments 
of or decisions upon the myriad of situations and 
problems in the case and the facilities and solutions 
available to deal with them. 

The investigation must enable those 
responsible for the overall management of the case to 
know more than that the child was abused and that the 



1283 



abuse was inflicted by a particular person. Those 
matters in themselves are important, but more infor- 
mation is needed. Among that additional information 
would be such things as: 

(a) What is the relationship between the 
child and the abuser? 

(b) Why was the child abused? 

(c) What will prevent a recurrence of such 
an incident? 

Determination of the relationship between 
the child and the abuser would not usually require a 
great deal of investigation. 

Determination of why the child was abused 
and of what may prevent a recurrence of abuse may 
require a great deal of information. Those who are 
conducting the investigation will not necessarily be 
required to make such a determination, but they will 
require knowledge of the information which is 
required to enable others to make the determination. 
That information will involve the psycho-social 
history of the family supplemented by some infor- 
mation about the child and his or her position or 
status in the family. 

In the second of the two recommendations 
which follow these comments I call for a probing 
investigation of the child's family to enable the 
best decision for the care of the child to be made. 

It is in this area where I find a 
deficiency in the provisions of section 29 of the 
legislation enacted in 1978. Section 29 empowers the 
court to require persons having charge of the child 
to attend for certain assessments. But the court may 
make such an order only after the child has been 
found to be a child in need of protection. 

Elsewhere I express the view that it should 
be possible for the court to make such an order at 
any time during the proceedings and in respect of 
anyone residing in or frequenting the home in which 
the child lived or would live if returned by the 
children's aid society The results of such an 
assessment may assist the court in determining the 
issue of the child's need for protection. 



1284 



25, 



I RECOMMEND THAT those assigned 
to investigate instances or 
reports of abuse be aware of the 
use to which the results of that 
invest igat ion might be put. To 
that end those who conduct such 
investigations will require 
special training to make them 
aware of the various matters in 
respect of which they must seek 
information, in brief they 
should be trained to prepare a 
ps y c ho- s oc i a 1 history of the 
famil y , 



1285 



RECOMMENDATION #26 

26. I FURTHER RECOMMEND THAT in every 

incident in which abuse of a 
child has been caused or 
permitted by a member of that 
child's family the i nves t ig at ion 
into the abuse must be probing, 
broad and comprehens ive , It must 
seek to obtain information to 
enable those who must make de- 
cisions as to the future care and 
well-being of that child to make 
correct and valid assessments or 
d iagnoses of the various factors 
in the case and thus to make 
appropriate dec is ions . 



1286 



RECOMMENDATION #27 

In detailed elaboration upon those basic 
recommendations I want now to consider briefly some 

of the specific areas that witnesses suggested might 
be the subject of such an investigation. In each 
instance it is my opinion that, if the factual 
circumstances of the particular instance under 
investigation support such avenues of investigation 
or inquiry, the investigators should make appropriate 
inquiries . 

In many instances the testimony now 
mentioned was given as a means of illustrating the 
views of the deponent that the presence of certain 
factors in or about a child's life and family might 
support a conclusion, even before any incident of 
actual abuse of the child, that the child might be a 
high-risk child, a child who was more likely than 
others to be abused. 

One such factor allegedly present in Kim's 
life and family was the isolation of one or both 
parents in the community generally or in the setting 
of the extended family. There was testimony 
particularly as to Jennifer Popen's feeling of 
isolation within Annals Popen's family. 

It was suggested that such isolation would 
interfere with or prevent the full use of community 
or family resources by the parent or parents 
affected. In short the presence of a sense of 
isolation was a factor that might cause a person 
skilled in the matter of child abuse to have concern 
for the safety of a child in such a family. 

Dr. Bates gave several examples of 
situations affecting a particular child which might 
be factors to be considered in assessing whether or 
not that child might have been or might still be 
exposed to a higher than usual risk of abuse. He 
said it was possible to predict what types of 
children might be abused. 

He spoke of the child whose parent or 
parents have unreal expectations of the child. The 
child is expected to be well, happy and well-behaved 
at all times, perhaps to demonstrate to the world how 
fine is the home in which he or she lives. He said 



1287 



th. 
b. 

f 



He spoke of the child who was unwanted by 
one or both of the parents. That child would be a 
high-risk child. 

He spoke of the child who was wanted, but 
who was wanted for the wrong reasons. One such wrong 
reason would be to fulfill some need of a parent, 
such as to have a child who will be abnormal and 
perhaps achieve the parent's unreal expectation of 
the child, thereby giving the parent a sense of 
elation that he or she is a fantastic parent. He 
said that if, by chance, the child does so achieve 
those expectations, the parent probably will not 
abuse the child.. If the child does not achieve the 
expectations, there is an increased risk that the 
parent will abuse the child. 

He spoke of the difficult child, one who 
was difficult for perhaps one or more of several 
reasons. Such a child might be hyperkinetic, or have 
behavioural or learning problems, or suffer some 
illness or be mentally retarded. Such children are 
prone to suffer abuse. 

He spoke of the premature baby who is taken 
from the delivery room to a high-risk nursery and 
thereby separated from the parents. Bonding does not 
occur between parent and child. Such a child is a 
high-risk child. 

He spoke of the children who are different, 
perhaps because they are mongols, perhaps because 
they have some physical abnormality. Such a child is 
a high-risk child because the parent may view the 
child as testimony to his or her inadequacy to be a 
parent. 

He spoke of children who remind the parent 
of something or someone the parent wants to forget, 
such as a former spouse or common-law partner. The 
child may have physical or other characteristics of 
that former spouse or partner. When the parent is 



1288 



angry with the child, the parent may strike out more 
because of the child's resemblance to the former 
spouse or partner. Such a child is a high-risk 
child . 

I am confident that Dr. Bates recited only 
some of the types of children who, predictably, are 
more likely than others to suffer abuse. From the 
examples he gave it would seem to me that deter- 
mination of whether or not a child is a high-risk 
child depends upon many factors. Some may be readily 
apparent and almost objective in nature. Others may 
be found only by careful and thorough investigation. 
These latter are subjective in nature. 

Determination of that question can be made 
only by persons who have been well-trained with 
reference to abuse. Those who conduct the investi- 
gations will require special training so that they 
too are aware of what they should be looking for. 

This is another recommendation which, if 
implemented, would provide greater benefit to the 
child if section 29 of the present legislation were 
amended to extend the range of persons who may be 
required to attend for assessment and to enable the 
court to make such an order at any time during the 
proceedings . 

27, I THEREFORE RECOMMEND THAT those 

respons Ible for the invest igat ion 
of any report or incident of 
abuse be instructed specifically 
to make special inquiries and 
investigations to determine 
whether or not the child involved 
is, for any reason, one of any 
class or classes of children who 
may be high-risk children, 
children more likely than others 
to be abused. The investigators 
will require spec ial t ra ining in 
this area, particularly in 
relat ion to the factors which are 
subjective in nature. 



1289 



RECOMMENDATION #28 

Dr. Bates also spoke of other matters, not 
centred on the child, which might indicate a greater 
likelihood that the child has been or may be abused. 
These were related to the parents or one of them. 

Some of his comments appeared to relate 
directly to Kim's case when he said: 

"...Do the parents appear inappropriate? 
Do the parents appear to be inadequate in 
parenting abilities? And how can a person 
who is married at age 13 or 14 really 
fulfill a role as a parent? It is very 
difficult when you have had a poor child- 
hood before that, entered a marriage in 
early adolescence, not had time to mature, 
when one is going through puberty and then 
you are thrown into motherhood and you have 
missed so many stages of your life already. 
It all paints a picture of crisis and 
problems to come later. 

Now the majority of parents who abuse are 
not psychotic - perhaps one to two percent. 
A lot of them have severe personality 
disorders but the major problem rests on 
what I have talked about here." 

As Dr. Bates spoke I thought of Jennifer 
Popen and her testimony as to her age, childhood and 
marriage. 

This is another recommendation which will 
provide optimum benefit to the child only if section 
29 of the present Child Wel fare Act is amended as I 
suggest elsewhere to expand the group of persons in 
respect of whom an order as contemplated thereby 
might be made and to enable the court to make such an 
order at any time during the proceedings. 

28, I THEREFORE RECOMMEND THAT those 

respons ihle for the invest igat ion 
of any report or incident of 
abuse be instructed specifically 
to make special inquiries and 
investigations to determine 
whether or not one or both of the 
parents is or are inappropriate 



1290 



or inadequate in any way, whether 
phys ically , mentally , developmen- 
tally f emot ionally or otherwise. 
This too is an area in which the 
investigators will require 
special t raining and instruct ion. 



1291 



RECOMMENDATION #29 




The testimony of medical doctors was that 
in many instances the particular injuries could be 
caused only, or at least most likely, by abuse. 

It was suggested that an investigation of a 
report or instance of abuse would be incomplete 
without a thorough medical examination of the child. 

In light of the forms of abuse which may 
cause impairment of the child's development, but 
which might not be revealed by a medical examination 
without further tests, it would seem reasonable that 
the medical examination be accompanied by such other 
tests as the medical personnel or other professional 
consultants retained by the children's aid society or 
the police investigators may recommend. 

The very presence of conditions discovered 
by such examinations and assessments may assist in 
determining whether or not the child is in need of 
protection. 

29, I THEREFORE RECOMMEND THAT in 

every instance of abuse or 
suspected abuse those who conduct 
the inve st ig at ion f whether they 
be personnel of a children's aid 
society or police officers^ 
should ensure that the child is 
exam ined by a medical doctor, 
preferably one with special 
training in paed iatr ics and abuse 
and preferably in a proper fa- 
cility for such examinat ion , such 
as the doctor's own examining 
room or in a hospital. The 

examinat ion should not be limited 
to a physical examination, but 
should include such other tests 



1292 



or examinations as the examining 
doctor may deem necessary to 
ascertain the develo pme nt of the 
child and any impairment which 
may have been suffered. The 

medical doctor should be 
requested to express an opinion 
as to the likelihood that any 
injury or condition discovered 
upon such examination resulted 
from abuse of the child. If 
poss ible the parent or parents of 
the child should be present or 
available to give, if he, she or 
they wish, any explanation or 
supposed explanation for the 
injury or condition. Failing 
attendance of the parent or 
parents the investigators should 
inform the doctor or other person 
conduct ing the examinat ion of any 
explanation given for the 
presence of the injury or 
condit ion , The medical doctor or 
other consultant should be 
requested to express an opinion 
as to the val id ity of any expla- 
nation in relat ion to the injury 
or condit ion discove red upon the 
examinat ion. 



1293 



RECOMMENDATION #30 

Examination of the child is needed to 
enable the development and implementation of any plan 
for the care of the child. 

Upon the Inquiry much emphasis was placed 
upon the need for the physical examination of any 
child who had been abused. It was said that the 
Society was derelict in not arranging for the medical 
examination of Kim soon after her return to her 
parents in May, 1976 and at intervals thereafter. 

That testimony seemed primarily to be 
addressed to physical examinations. However, there 
was testimony that some forms of abuse which might 
not be revealed by a physical examination can cause 
more severe damage to a child. It was suggested that 
in addition to physical examinations of an abused 
child there should be other examinations and tests to 
determine whether there has been any impairment of 
the development of the child in other ways. 

Regulations made under The Chil d Welfar e 
Act recognize the need for examination of children m 
care. Section 16 of Regulation 86 in force during 
Kim's lifetime required each child in care to be 
medically and dentally examined as soon as 
practicable after the admission of the child to care 
and thereafter at intervals of not more than one 
year. Psychological and psychiatric assessments and 
treatments of the child were to be provided "where 
necessary and available." 

Section 1 of that Regulation defined a 
"child in care" as being "a person under the age of 
eighteen who is in the care of a society in a place 
other than the home of his parent pursuant to an 
order made under clause b or c of subsection 1 of 
section 26 of the [Child Welfare] Act or pursuant to 
an agreement under section 23a of the Act..." 

Provisions quite similar to those of 
section 16 of Regulation 86 as it was in 1975 and 
1976 are now set forth in Section 3 of Regulation 97 
under the Child Welfare Act . However I am unable to 
find in the Child Welfare Ac t or Regulation 96 or 
Regulation 97 made thereunder any definition of 
"child in care. " 



1294 



In my view in Kim's case she was not, from 
the date of her return in May, 1976, a "child in 
care" for the purposes of Regulation 86 because she 
was no longer "in a place other than the home of 
[her] parent" pursuant to court order or agreement 
under the statute. Thus, neither the Act nor the 
Regulation cast any duty upon the Society to arrange 
any examinations of her. In any event the permitted 
interval of one year had not expired since Kim was 
medically, if not dentally, examined just prior to 
her return in May, 1976. 

I have concern as to the sufficiency of the 
present Regulation in the context of a case such as 
Kim's. She had been seriously abused on a number of 
occasions and had been ill on others. There was 
testimony that an abused child or even one not 
earlier abused who has been absent from the home for 
a lengthy period is at unusual risk upon his or her 
return home and the risk is greatest during the first 
three months following that return. 

Clearly examinations in any such cases 
after the child's return should be at intervals 
considerably less than one year. During the period 
of highest risk the child might be best protected by 
weekly or bi-v7eekly examinations. 

Apart from the exercise of judgement as to 
the frequency of medical examinations to comply with 
the Regulation there remains the basic question as to 
the meaning of the words "child in care of a 
society." Without some definition in the Act or 
Regulations there may be questions as to when a child 
is in care of a society and thus when the society 
must arrange examinations to satisfy the requirement 
of the Regulation. 

I appreciate that the latter may appear to 
be somewhat academic in nature and persons in the 
field may feel the term has a particular and accepted 
meaning. But Kim is dead. In part that came about 
because people assumed certain things would be done 
by others, but they were not and because they assumed 
that certain results would flow from certain events, 
but they did not. I prefer to be certain and to be 
precise. In my view the Regulation, if not the Act, 
should contain a definition of the term "child in 
care." It was felt necessary to have such a 



1295 



definition prior to 1978; I think it should be 
restored, but amended so as to provide that a child 
placed in the care and custody of a children's aid 
society by court order remains "in the care" of the 
society until expiration of the order and any 
extension or variation thereof even if the child is 
returned to live in the family's home at some earlier 
time. 

Subject only to the foregoing the 
Regulation requires the society to arrange for 
medical and dental examinations of children "in its 
care." Testimony upon the Inquiry was that other 
examinations might be necessary to detect some injury 
or impairment not detectable by medical examination. 
I sensed that the witnesses were addressing them- 
selves to emotional, psychological and psychiatric 
problems. The Regulation provides that "where nec- 
essary and available" psychological and psychiatric 
assessment and treatment will be provided for such 
children. The adjectives "psychological" and 
"psychiatric" may be sufficiently broad to encompass 

what the witnesses had in mind, but I would prefer to 
see an amendment to broaden the scope of assessment 
and treatment to include any assessment or 
examination of whatever nature may be indicated or 
recommended by the professional persons retained by 
the society. 

Section 29 of the present legislation 
contains reference to a wide variety of assessments 
which may be obtained. That section provides for 
"medical, emotional, developmental, psychological, 
educational or social assessments." 

In my view the expression "where necessary 
and available" is too restrictive. The word "avail- 
able" immediately offends the principle of equality 
of service throughout Ontario which is discussed 
elsewhere in this Chapter. If the provision of psy- 
chological and psychiatric assessment and treatment 
were to be required only when such assessment and 
treatment were "available" children in communities in 
which a psychiatrist or a psychologist did not reside 
or practice or remain available would be at a dis- 
advantage, less well served than children in other 
communities. That should not be. Witnesses spoke 
against it. I share their views. 



1296 



Apart from clear-cut cases of larger 
communities in which services of psychiatrists and 
psychologists are readily available because of the 
presence of large general hospitals, when do the 
services cease to be "available." Is the criteria 
measured in distance? or in travel time? or in terms 
of the cost of travel? or in terms of the staff of 
the society to travel with the child? 

All in all, in my view, the Regulation 
should not contain any reference to the service being 
"available" with the possible exception that it must 
be available somewhere in Ontario before the Society 
is obliged to arrange for such assessment and treat- 
ment of a child who has been abused. This should not 
restrict a society, if it deems it desirable, in 
arranging for assessment and treatment of a child at 
a location out of Ontario if such assessment and 
treatment cannot be provided in Ontario. 

I am bothered by the word "necessary." 
There is no statement as to who is to determine when 
in the case of an abused child a particular assess- 
ment or treatment is "necessary" as opposed to being 
"desirable" or "recommended." In my view the 
psychological and psychiatric and other assessment 
and treatment should be provided if recommended by 
the physician or paediatrician examining the child as 
being in keeping with good practice in child care. 
Witnesses spoke of emotional problems for the child 
as being an almost certain result of physical abuse. 
They spoke too of such problems requiring long term 
treatment. 

In my view children's aid societies should 
at least be encouraged, if not required, to provide 
thorough medical, dental, psychological and 
psychiatric assessment and treatment as well as any 
other assessment and treatment, including, but not 
limited to, those mentioned in section 29 of the 
present legislation, which its qualified and 
experienced medical and professional staff and 
consultants recommend. 

30. I THEREFORE RECOMMEND THAT the 

Regulat ions made under the C h ild 

VI el fare ^^^ ^^ amended as 

follows : 



1297 



1. to define the meaning of the 
express ion "child in care" so as 
to make it clear that the 
expression includes a child from 

the moment of apprehens ion of the 
child by the society or from the 
moment of any voluntary delivery 
up of the child to the society or 
from the moment of any order or 
agreeme nt commit t ing or pi ac ing 
the child to or in the care and 
custody of the society, whichever 
comes first, until the expiration 
of any such apprehension, 
del ivery , order or ag reement and 
any extens ion thereof • It should 
he clear that the child remains 
in the care of the society if the 
child is res id ing phy s ical ly or 
V is it ing the family home prior to 
such expiration; 

2. to require the children's aid 
society to provide medical and 
dental examinat ions and treatment 
of an abused child as soon as 
pract icable after the child comes 
into the society's care and 
thereafter not less frequently 
than annually while the child 
remains in the care of the 
society with the provision that 
if, while in care, the child is 
returned to the family home the 
society shall provide such 
examinat ions not less frequently 
than bi-weekly for at least three 
months after the child's return 
home and thereafter shall provide 
such examinat ions as often as the 
child abuse team and the med ic al 
and prof es s ional advisors of the 
society may advise in keeping 
with good practice of child 
welfare; and 

3. to require the children's aid 
society to provide for such medi- 
cal, emotional, developmental, 
psychological, educational, psy- 
chiatric and other assessment and 



1298 



t reatme nt of an abused child in 
the care of the society and after 
the child's return home as the 
child abuse team and the medical 
and prof ess ional adv iso r s of the 
society deem desirable or 
advisable in keep ing with good 
practice of child welfare. 



1299 



RECOMMENDATION #31 

There was considerable testimony as to the 
need for the physical examination of any child who 
has been abused. I have enlarged upon that to 
recommend other examinations to enable complete 
assessment of the child's development. 

There was some testimony as to the benefit 
that might be gained if it were possible to require 
members of the family of an abused child themselves 
to be examined in various ways. 

From the testimony upon the Inquiry I am 
satisfied that in Kim's case considerable benefit 
might have resulted if the Society had sought and 
been able to obtain examination and assessment of 
Jennifer Popen and Annals Popen to determine their 
adequacy as parents and whether or not there was in 
either or both of them some condition which might 
have indicated that Kim would be exposed to unusual 
risk in their home. Some indication of potential 
problems was available to the Society in March, 1976, 
had they seen fit to obtain, read and properly assess 
Dr. Curtin's report upon Jennifer Popen and Annals 
Popen. Unfortunately, that was not done by the 
Society. 

In my view, if a child has been abused and 
has been found to be a child in need of protection, 
the child should not be left with or returned to the 
family unless and until satisfactory completion of 
all appropriate examinations of the child and of the 
members of the family or household who may be the 
cause of the existence of unusual risk to the child. 

From Dr. Bates' testimony, I am satisfied 
that modern knowledge and skill, supported by 
information derived from examinations and tests, can 
detect the presence of conditions which constitute 
unusual risk for the child. Children's aid societies 
should take advantage of modern knowledge, techniques 
and skill. 

Section 29 of the present Child Welfare Act 
does enable the court to "order the child and any 
parent of the child or other person... in whose charge 
the child has been or may be, to attend" for a 
variety of assessments. 



1300 



In my view that provision should be 
widened. It should not be restricted to those "in 
whose charge the child has been or may be." I have 
expressed a similar concern in my comments preceding 
Recommendation #25. There may be other persons 
residing in the family home, such as older siblings, 
aunts, uncles, grandparents and friends, who, while 
not in charge of the child, constitute a real risk to 
the child. One such person may have been the direct 
cause of the child's earlier injuries. 

31, I RECOMMEND THAT the Ministry, 

through appropriate procedures , 
seek amendment of the Chil d 
Welfare Act so as to give a 
judge, hear ing a matter there- 
under in relat ion to a child who 
has been abused or found to be a 
child in need of protection, the 
specif ic authority to require the 
parents of that child or any 
person in loco parentis to that 
child or any person res id ing in 
the same home as such parents or 
person in loco parentis to the 
child to be examined physically 
a nd otherw ise as the judge may 
direct for the purpose of 
determining whether the child 
might be at some unusual risk if 
left or returned to live in that 
home . 



1301 



RECOMMENDATION #32 

Section 29 of the present legislation 
empowers the court to order certain persons to attend 
for certain assessments, 

I have already recommended an enlargement 
of that provision. 

Section 29 empowers the court to make such 
an order only after the child has been found to be a 
child in need of protection. 

That then would seem to be sufficient from 
that time forward, but it may not be early enough. 

In my view it should be possible for the 
court to make such an order at any stage of an 
application to determine whether or not the child is 
a child in need of protection. The results of any 
such assessment may be important in that 
determination. 

It may be said that this is forcing a 
person to testify against his or her will. That is 
not unusual in civil proceedings where parties to 
litigation may be required to attend for physical or 
other examinations by doctors retained by parties in 
opposite interest. The application in respect of the 
child is in the nature of a civil proceeding. 

In any event the life and safety of the 
child is more important. If examinations or 
assessments such as are contemplated in section 29 
are of help in protecting the child, compulsion of a 
parent, or perhaps even one who may not technically 
be a party to the proceedings but who may, by reason 
of circumstances, be a threat to the child's safety, 
to attend for such examination or assessment is a 
small enough price to pay for the safety of the 
child . 

There was further testimony that plans for 
a child's care should be developed and implemented as 
quickly as possible. In Kim's case, if section 29 
had been in force in 1975, the Court could not have 
made the order contemplated in section 29 until the 
end of February, 1976, six months after she was 
apprehended. 



1302 



Delays of that sort may be vital to the 
treatment and care of the child. 

I do not suggest that the results of any 
such assessment should necessarily be admissible in 
evidence in any criminal or quasi-criminal proceeding 
resulting from any abuse of the child. I am 
concerned here with the well-being of the child now 
and in the future. I am not in this area concerned 
with any question of guilt or innocence or punishment 
or rehabilitation of anyone else. 

32. I THEREFORE RECOMMEND THAT the 

Ministry seek further amendment 
of section 20 of the C hil d 
Welfare Act so as to empowe r the 
court to make an order thereunder 
at any stage of an appl icat ion to 
the court to determine whether 
the child is a child in need of 
protect ion. 



1303 



RECOMMENDATION #33 

The testimony upon the Inquiry overwhelm- 
ingly supported the need for conferences of everyone 
involved in a case of child abuse to enable a 
children's aid society to achieve good results in 
that case. Thus, it is not enough that there be a 
team approach, but there must be conferences of those 
team members and, sometimes, others. Those others 
may be personnel of the children's aid society or 
they may be persons from other agencies or 
institutions in the community or beyond. Thus the 
decisions and resulting actions by the children's aid 
society upon any case will truly reflect the 
corporate decision of the children's aid society and 
not be really the result of one person's opinion. I 
recognize that, as in other walks of life, competing 
views and opinions may be expressed in any such 
conference and that the ultimate decision may have to 
be taken by a supervisor or even the local director 
of the children's aid society. 

Kim's case was notable for the absence of 
conferences at its various important stages. 
Witnesses commented adversely upon that absence. 
Indeed there were virtually no conferences in 
relation to Kim. 

Upon the basis of the testimony there are 
several points at which conferences should be 
convened. Each conference should be attended by 
persons appropriate to the particular topic to be 
considered. 

The first such conference might be in 
relation to the initial assignment of members of the 
children's aid society's child abuse team to the 
case. In many instances initial assignment might be 
made by the senior staff member upon the team without 
any conference simply in the interests of expediency 
and prompt response to the report to the children's 
aid society. Thereafter, save and except in cases of 
emergency or crisis, decisions should be made in 
conference. 

One such decision might relate to the 
selection of the member of the society's child abuse 
team to have primary responsibility for the case. 
That decision might be affected by factors relating 



1304 



to the case itself or relating to other conditions 
and other cases within the society. The report upon 
the first contact of the children's aid society with 
the case will have to be assessed. That assessment 
might indicate that the case will require particular 
skills and that might suggest the assignment be given 
to one social worker. However that worker may 
already be overtaxed. So alternatives must be 
considered . 

Consideration of those alternatives might 
involve consideration of transfer of one or more 
cases so as to permit assignment of the new case to a 
desired worker. The whole team, everyone involved 
with all cases affected by any proposed transfer, 
should participate in the decision upon any proposed 
transfer so that the interests of all families and 
children involved in the cases are best served by the 
children's aid society. 

Apart from questions as to assignment or 
transfer of duties to personnel there will be points 
in every case at which decisions will have to be 
made. Except in case of emergency where it is not 
practicable to do so, a conference of appropriate 
personnel, primarily the child abuse team and its 
direct support staff, should be convened in respect 
of each decision. 

33, I RECOMMEND THAT each children' s 

aid society develop a procedure 
and practice whereby appropriate 
conf erences of its personnel and 
others will be convened to 
cons ider all relevant factors and 
then to make decisions in respect 
of each case of child abuse. 
Decisions may relate to the 
assignment or transfer of 
respons ibil ity for performance of 
duties or may relate to any stage 
or phase of the inves t ig at io n , 
planning f management or treatment 
of the case. The requirement for 
such conferences should be clear- 
ly expressed in the society's 
manuals of practices and 
procedures , The Ministry should 
assist each children's aid 
society in this effort, 

1305 



RECOMMENDATION #34 

The bulk of my most recent comment has 
related to various aspects of the investigative phase 
of any report or instance of abuse. In the preceding 
recommendation I have written of the need for 
conferences at various points in any case, including 
consideration of transfer of responsibility for the 
case within the children's aid society. 

One point at which responsibility may 
likely be transferred would be the completion of the 
investigative phase of the case and judicial 
determination of any proceedings arising therefrom. 
However I do not wish to suggest that a transfer of 
responsibility should necessarily occur at that point 
or that it might not occur at any other time. I do 
want to comment upon the need for clear policies and 
procedures in reference to any transfer of responsi- 
bility of a case whenever it occurs or for whatever 
reason it occurs. 

There was a considerable amount of 
testimony upon the Inquiry which was adverse comment 
upon the transfer of Kim's case from Mr. Carter to 
Mrs. Lo. One basis of the criticism was the absence 
of any conference to consider and then decide the 
matter. A second basis of criticism went beyond 
that. It related to the manner in which the trans- 
fer, decided upon by Mrs. Harvey, was then effected. 

Dr. Turner in a portion of his testimony 
described some of the benefits accruing from a 
conference to discuss the proposed transfer of a case 
within a children's aid society. 

It enables the worker presently upon the 
case to attend to some unfinished matters such as, 
perhaps, recording his or her activities and obser- 
vations in respect of the case, the plan devised, the 
goals set out, the degree to which goals have been 
achieved, along with assessments, evaluations, 
opinions and recommendations. 

It enables the worker to whom the case is 
to be transferred to be fully briefed. That avoids 
duplication of work and perhaps confusion in the 
minds of the family involved. 



1306 



It enables review and possibly revision of 
plans and goals. It enables clarification of areas 
of uncertainty or possible misunderstanding. It 
enables an orderly transition and introduction of the 
new worker to the family. It enables discussion of 
what further information may be needed or desired for 
proper management of the case. 

In Kim's case, even apart from the absence 
of discussion as to the advisability of any transfer 
from Mr. Carter or of any transfer to Mrs. Lo , which 
amounted to two decisions or at least two parts of 
one decision, there was no discussion between Mr. 
Carter and Mrs. Lo. Neither sought out the other to 
give or receive information or comment. So far as 
the testimony upon the Inquiry revealed, Mr. Carter 
did not even say farewell to Annals Popen and 
Jennifer Popen and Mrs. Lo was required to introduce 
herself to them. 

Dr. Turner spoke of the benefits to be 
obtained "administratively and professionally and 
therapeutically" by a planned, orderly and recorded 
transfer of a case. It would seem everyone would 
benefit, including the family and the child. None of 
that was obtained in Kim's case. 

The following is a corollary to the 
preceding recommendation. 

34, I RECOMMEND THAT each children's 

aid society In Its manual of 
practices and procedures set 
forth the need for planning and 
complet 1 ng the transfer of res- 
ponsibilities for a case within 
the society. The manual should 
be clear and precise and set 
forth what Is required and 
expected of each supervisor and 
worker Involved In the transfer. 
It should stress the concern that 
service to and relationship with 
the particular family and every 
other family which might be 
affected by the transfer should 
be disrupted to the least extent 
poss Ibl e , It should stress the 
need for the permanent records of 



1307 



the case to contain a resume of 
the reason for the transfer and 
what was done to effect it and 
how it was accompl ished together 
with appropriate comment and 
assessment . 



1308 



RECOMMENDATION #35 

One of the incidents in the handling of 
Kim's case which attracts perhaps the most severe 
criticism is that, from June 17, 1975 until August 
31, 1975, the case lay dormant and unattended despite 
the professed concern of Mrs. Saul and Mrs. Harvey, 
known to Mrs. Dick, as to its serious nature and the 
need for prolonged service by the Society. 

No one offered any reasonable explanation 
for that lengthy lapse. There was testimony as to 
the absence of written codes or manuals of practices 
and procedures within the Society. Mrs. Harvey 
suggested that in the circumstances of the Society 
there were well-known and established practices and 
procedures. The testimony satisfied me that there 
was no merit to that suggestion. In too many 
instances employees of the Society had to assume or 
guess as to what might have happened at various times 
or points in Kim's case. That was so even in 
relation to the simple question as to the whereabouts 
and handling of notes made by Mrs. Saul and Mrs. Dick 
on June 17, 1975. 

The failure of the Society to render any 
services to Kim and her family from June 17, 1975 was 
not explained, but it demonstrated the absolute 
absence or the inadequacy of any system to regulate 
the orderly management of any case. Two workers 
wrote reports to their Supervisor. The Supervisor 
acknowledged the serious nature of the matter and its 
need for long-term service by the Society. But 
nothing was done to place or record those notes in 
the permanent records of the Society, to record the 
concerns expressed by Mrs. Saul and accepted by Mrs. 
Harvey or to provide any service to Kim or her 
family. No one knew or apparently cared about that 
lack of attention. No one did anything from June 17, 
1975 until August 31, 1975 when Kim was again 
admitted to hospital. 

Mr. McCabe in his testimony said that there 
was a need in the Society for an improvement of 
internal information systems to enable the adminis- 
trative or management personnel to monitor what was 
happening in the Society. He felt the Society was 
not unique in that need. 



1309 



Mr. McCabe suggested that depending upon 
the nature of each children's aid society the 
internal information system might be sophisticated or 
crude. He said that in any such system the purpose 
would be to indicate to everyone in the society that 
a particular file, marked in some special way, is one 
which, by reason of the nature of the case, is not to 
be dealt with, filed away or closed except after a 
conference including senior staff persons. 

Mr. McCabe seemed to presuppose that a file 
would be opened. In Kim's case, not even that was 
done until September, 1975. 

The testimony upon the Inquiry was over- 
whelmingly to the effect that, in addition to being 
difficult and complex, cases of abuse were among the 
most serious and important matters dealt with by 
children's aid societies and should be treated as 
such. 

35. I RECOMMEND THAT each children's 

aid society develop and ma i nt a in 
an internal inf o rmat ion system 
capable of enabling the 
administ r at ive f supervisory and 
management personnel of the 
society to know at all times the 
status of every cu r re nt case in 
the society. This is especially 
so in relat ion to serious matters 
requiring service by the society 
over an extended period of time. 



1310 



RECOMMENDATION #36 

It would seem to me that the successful 
application of an information system such as I 
mention in the preceding recommendation is dependent 
upon the preparation and retention of complete and 
accurate records upon which supervisors and others 
can rely. 

The Society's records in Kim's case did not 
meet that test. They were not complete. They were 
not accurate. 

Any worker who prepares notes upon 
observations made during involvement with a case and 
upon opinions, assessments or valuations of the case 
is entitled to be able to rely upon those notes being 
promptly, accurately and completely transcribed and 
entered and retained in the file maintained by the 
children's aid society in respect of that case. 
Similarly any other worker concurrently or 
subsequently involved with the case is entitled to be 
able to rely upon the transcription as being accurate 
and complete. 

Much of the testimony referred to the 

interdependence of workers with children's aid 

societies and other community organizations and 
institutions. 

Reference was made to a worker's network of 
contacts in the community and the development of 
mutual trust and confidence based on knowledge of 
each other's skill and experience. The same sort of 
trust would develop between or among workers for the 
same children's aid society. A worker may be 
prepared to accept unhesitatingly an opinion or 
statement expressed by one co-worker, but may not be 
so willing to accept an opinion or statement 
expressed by another. 

If the transcriptions are inaccurate no one 
can rely upon them for any purpose. 




1311 



the files of the Society. That lack of reliability 
took many forms . 

One example was the absence, until 
September, 1975, of any available record of the 
events of June 17, 1975. 

Another example was the recording made in 
September, 1975 which gave a false impression of what 
had happened between June 17, 1975 and August 31, 
1975. 

Another example related to disclaimer by 
witnesses as to some parts of recordings or as to the 
accuracy of recordings attributed to him or to her 
and to acknowledgement by one witness that she had 
caused some entries to be made apparently by another 
member of the staff of the Society. 

Another example was the inconsistency of 
the recordings in the Family Services Department with 
those in Children's Services Department. That 
inconsistency was illustrated in the testimony of 
Mrs. Lo and Mrs. Kirby as to their meeting in early 
May, 1976 to discuss the important event of Kim's 
return to her home. Nothing in Kim's case was more 
important than her return. Nothing merited greater 
attention to care and accuracy. The records did not 
agree one with the other. 

Another example was a combination of the 
written and oral reports to the Board of Directors of 
the Society and to the Ministry in December, 1977 and 
early in 1978 and a comparison of each of them with 
the others and each of the others. 

Another example was the change in a 
document even after a photo-copy of it had been 
prepared for the purposes of this Inquiry. The 
original had been returned to the Society and later, 
upon the hearings, was introduced as an exhibit. It 
had been tampered with in the meantime. 

All of those, together with others 
mentioned in the main portion of the Report, left 
with me, at worst, a concern about honesty or 
integrity, and, at best, a concern about care in the 
matter of recordings and, thus, by extension, in the 
very handling of Kim's case. 



1312 



The unsatisfactory state of the Society's 
records had roots in several basic areas. 

Dr. Turner spoke of what he felt should 
have been, but was not set forth in some specific 
areas of the recording. The root for that deficiency 
was the inadequate training and supervision of 
personnel . 

As the testimony revealed, the history of 
the management of Kim's case by the Society was one 
of unsatisfactory performance or completion of 
routine tasks from June 17, 1975 until Kim's death 
about sixteen months later. 

On June 17, 1975 Mrs. Saul correctly 
detected and was alarmed by the presence of 
indications of the possibility that Kim was a child 
in a high risk situation. She reported to Mrs. 
Harvey orally and in writing. But then she did no 
more. She did not make any inquiry to ascertain what 
was happening. 

Dr. Turner expressed his belief that 
someone in Mrs. Saul's position should have done more 
than she did to establish the full nature of the 
situation in the Popen home and to record her 
evaluation or assessment of what that situation was. 
Dr. Turner stressed the importance of the first 
worker to have contact with a case. He felt that it 
was incumbent upon that worker to do more than merely 
report what he or she observed without evaluative 
comment. 

I share Dr. Turner's view. 

Dr. Turner expressed similar views with 
reference to other portions of the records prepared 
by Mr. Carter and Mrs. Lo . He said they lacked 
expression of opinion, judgement, assessment and 
valuation upon or in respect of the events or 
incidents observed or mentioned. 

Notes made by Mrs. Saul and Mrs. Dick on 
June 17, 1975 lay unattended and unrecorded until 
September, 1975, their whereabouts unknown. 

The root for all of that that was the 
absence of an appropriate system to ensure the prompt 



1313 



recording of material and the preparation of adequate 
reports. 

Witnesses disclaimed the accuracy of some 
recordings attributed to them or were unable to 
attest that recordings attributed to them were 
correct transcriptions of their original notes. That 
too had its root in the absence of a proper system of 
preparing and recording reports. 

In an organization such as a children's aid 
society where a number of persons may have access to 
one file because of involvement with particular 
facets of one case it should be relatively simple 
with modern technology to maintain a permanent master 
copy of transcriptions approved and accepted, as 
accurate and complete, by the author of the original 
notes on which the transcription is based. 

In my view it is imperative that the 
Society develop a system to ensure the fidelity of 
the recordings of its personnel. That system may be 
complex or it may be simple, but it must be 
effective. It must ensure that the social workers 
are fully instructed and supervised in the art of 
preparing and recording not only a report of what 
they saw or heard, but also evaluating, assessing and 
commenting upon what they saw or heard and what, in 
their view, was missing or should be sought out or 
explained and why. 

There was some suggestion by Mrs. Harvey 
that the Society had been criticized in the past, 
presumably by officials of the Ministry, because 
recordings were unduly lengthy. On the basis of the 
testimony I heard it would seem to me to be prefer- 
able that the notes contain too much, rather than not 
enough. It will be the responsibility of the super- 
visor, with the specific social worker, to excise any 
unnecessary material in the original copy. 

The testimony upon the Inquiry showed 
clearly that while a social worker prepared notes 
intended to form part of the permanent record he or 
she did not check the accuracy of the transcription 
of those notes against the original notes written or 
prepared by him or her. The dangers in that are 
obvious. The absence or presence of one small word, 
such as "not," changes the meaning of a sentence. 



1314 



That problem can be removed by the simple 
expedient of requiring the typist to return the 
original notes to the social worker who wrote them. 
That social worker would then be required to compare 
the transcription against the original notes, to make 
any necessary corrections or revisions and to sign or 
initial, in ink, the entire transcription and any 
correction or revision. 

That may appear to be another statement of 
the obvious. Again, Kim's case was such as to show 
the need for the statement of the most elementary and 
obvious. 

It was clear that some recordings were 
prepared long after the events or observations 
referred to therein. Mr. Carter's recording for the 
period from August 31, 1975 to February 29, 1976 was 
perhaps an extreme example. The entire recording for 
a period of virtually six months was prepared at one 
time at or about the end of that period. Mr. Carter 
in his testimony denied that the recording attributed 
to him and set forth in the file upon Kim's case in 
the Family Services Department of the Society was an 
accurate transcription of what he had prepared. He 
said the recording was inaccurate in form or style, 
but, to my mind more importantly, he said it was also 
inaccurate in content or substance. 

That problem can be removed by simply 
requiring each worker to state in the particular 
notes the date on which they were prepared, then by 
requiring the typist to state in the transcription 
the date on which the notes were transcribed and, 
finally, by requiring the original worker to write in 
ink, and sign or initial the date on which the 
transcription was checked against the original notes 
and found to be in order or corrected or revised as 
the case may be. 

That should ensure accuracy of trans- 
cription. But the supervisor should be aware of the 
recording and, to ensure such awareness, should be 
required to sign or initial the recording and to 
write the date of such signing or initialling, all in 
ink. 

If a supervisor wishes to make some comment 
in or upon the recording it should be done in a 



1315 



similar fashion and acknowledged by signature or 
initial of the supervisor, in ink with the date 
thereof. The social worker or workers involved 
should similarly in writing acknowledge having read 
such comment by the supervisor. 

A prominent weakness in the handling of 
Kim's case was the absence of any satisfactory record 
of the decisions which should have been made from 
time to time. There was no real recording of what 
the personnel of the Society perceived as the goal to 
be achieved in the case or as the means of achieving 
that goal. There was no real recording of any 
achievement of or approach to any goal or of any 
impediment to such achievement or approach. There 
was no real recording of what the Society perceived 
as additional information or material which should 
have been obtained or sought so as to enable proper 
management of the case. 

In many ways that problem was rooted in the 
absence of conferences of concerned personnel at 
appropriate times in the management or treatment of 
the case when it was necessary that decisions be 
made. That in turn was rooted in the absence of an 
appropriate code of practices and procedures. Little 
was written. I doubt that much more was tacitly 
accepted as forming the Society's code of practices 
and procedures. 

Each children's aid society, with the 
assistance and guidance of the Ministry and the 
Ontario Association of Children's Aid Societies, can 
produce and maintain a currently acceptable code or 
manual of practices and procedures. One such manual 
in respect of child abuse was produced in 1976. It 
was too late to be of any use in Kim's case. Others 
have since been in the process of production or have 
been produced. 

I appreciate that each children's aid 
society functions in circumstances probably unlike 
those of all other societies. I appreciate that 
practices and procedures acceptable or required in 
one jurisdiction or organization are not necessarily 
acceptable or required in another. But each can 
learn from the others and from the Ministry and from 
the Ontario Association of Children's Aid Societies 



1316 



and adapt to its local conditions practices and 
procedures employed or tested elsewhere. 

I am confident that children's aid 
societies are no more different one from another than 
are the communities in which they function. I am 
confident too that the municipal governments of those 
communities informally exchange information as to 
problems they have faced and what they have done in 
relation thereto together with copies of by-laws and 
other relevant documents. The appropriate ministries 
of government are available for advice and comment. 
Thus I am confident that any children's aid society, 
probably like most, unable for a variety of reasons 
to prepare an original manual of practices and 
procedures can obtain copies of other societies' 
manuals and, relatively easily, adapt one or more of 
them to its own local conditions. 

36. THUS I RECOMMEND THAT each 

children's aid society ensure 
that its social workers are in- 
structed in the art of preparing 
and recording reports for the 
files of the society and that 
those workers receive in-service 
t raining and instruction there in. 
Such instruct ion should emphas ize 
that the record ing should be more 
than mere administrative report- 
ing of what was observed without 
any expression of opinion ^ judge- 
ment, assessment or evaluation 
thereof and expression of the 
perce ived s ig nif icance thereof to 
the overall plan for manag ement 
of the case. The recording 
should contain reference not only 
to what has been observed, but 
also to what appears to be miss- 
ing and what is desired or needed 
to enable the overall plan to be 
developed and implemented to 
successful conclusion. The 
policies and procedures developed 
or adopted by children' s aid 
societ ies for the manag ement and 
treatment of cases of abuse 
should require each worker having 



1317 



any contact or invol v erne nt with 
the case to record promptly the 
time and nature of such contact 
or invol V e me nt and his or her 
observations , if any, upon each 
such contact or invol veme nt and 
to express an opinion as to the 
nature of the case upon the basis 
of those observations. Each 
children's aid society should 
develop and insist upon adherence 
to a system to ensure that a 
social worker's notes are pre- 
pared promptly, transcribed 
promptly and correctly , and then, 
in effect, confirmed, as 
corrected or revised if need be, 
promptly by the social worker and 
then acknowledged by the ap- 
propriate supervisor , The system 
for the preparat ion of recordings 
should form part of the manual of 
the practices and procedures of 
the society. The procedures of 
each children's aid society 
should ensure the original ac- 
curacy of all record ings and that 
they are not later altered or 
tampered with. The Ministry's 
superv is io n and inspection pro- 
cedures should conta in elements 
to that effect , 



1318 



RECOMMENDATION #37 

Witnesses commented upon the absence of a 

recorded plan for the management and treatment of 

Kim's case. In my view there was no such plan to 
record , 

One of the most striking admissions of the 
Society's failure to protect Kim was that no arrange- 
ments were made for her to be examined medically or 
otherwise after her return home in May, 1976. That 
was the subject of adverse comment by several 
witnesses. 

I have written of the benefit that may flow 
from medical and other examinations of the child as 
part of the investigation of any report or incident 
of abuse. 

Dr. Duncan recommended that the Society 
retain a medical practitioner to examine a child 
regularly after the child's return home. Mrs. Kirby 
said that the child should be medically examined 
within a week or two of his or her return home and 
thereafter should be examined frequently. Dr. Singh 
spoke of the need for such a child to have frequent 
physical examinations by the family physician. He 
suggested the programme might begin during the time 
when the child's return home was being considered. 
Dr. Turner was surprised that the Society had not 
made any such arrangement and suggested a variety of 
ways that it might have been done. 

The general trend of the testimony as to 
medical examinations was that, while nurses or others 
may have some training and knowledge in such matters, 
medical examinations intended to detect instances or 
suspicions of abuse should be conducted by qualified 
physicians with knowledge of and experience with the 
phenomenon of abuse. 

Examinations by nurses and others would be 
helpful in a variety of ways, including deterrence of 
anyone tending to abuse the child, but ultimate and 
definite opinions as to the presence or absence of 
indicia of abuse should be formed only after complete 
medical examination of the child by a qualified phy- 
sician and after any other examination of the child 
by persons qualified to perform such examination. 



1319 



There was further testimony that any 
examination of the child might be hampered unless it 
were conducted in or with adequate facilities. 

Medical examinations should be by a medical 
practitioner retained by the children's aid society. 
That practitioner should be expressly authorized by 
the society to discuss any of the results of any such 
examination with the child's family physician. Any 
such discussion should be for the purpose of 
exchanging medical information for the benefit of the 
child. 

Having the medical examinations conducted 
by a physician retained by the children's aid society 
should avoid the problems mentioned by Dr. Bates as 
general observation and which were self-evident in 
the testimony of others. Those problems relate to 
difficulties encountered by some physicians in deter- 
mining their duties and responsibilities, which may 
be or appear to be in conflict, when they treat 
children of families all of the members of which are 
their patients. The problems may be rooted in crass 
financial concerns, as were expressed upon the 
Inquiry, or they may result from a base of more 
ethical or philosophical dimensions, as was also 
expressed . 

To illustrate the latter I analogize to the 
problem faced by a social worker investigating a 
report of abuse, then proceeding in court against the 
parents as a result of the investigation and all the 
while and later seeking to serve as trusted counsel- 
lor and advisor to the family and to establish a good 
rapport to achieve a good result in the mianagement 
and treatment of the case. 

37. I THEREFORE RECOMMEND THAT, as 

part of any plan to return a 
child to his or her home after an 
incident of real or suspected 
abuse, the children's aid society 
should arrange for the complete 
medical examination of the child 
immed lately prior to the date of 
the return and for frequent 
complete medical examinations of 
the child after such return. The 
medical examinations should be 



1320 



conducted by a physician rata ined 
by the children's aid society* 
The first such examinat ion after 
the return should be within two 
weeks of the return and 
subsequent examinat ions should be 
at intervals of not more than two 
weeks unless the child abuse team 
of the society f in conference 
with the examining physician, 
determine s otherwise. All such 
examinat ions should be conducted 
in a hospital or in the office of 
the examining physician, in that 
physician's discretion having re- 
gard to the facilities required. 
The examining physician should be 
expressly authorized in his or 
her discret ion to release infor- 
mation about the child's health 
to the physician who is the 
family doctor. Any such medical 
examinat ion should include such 
tests as the examining physician 
may deem necessary to determine 
the child's development and any 
impairment thereof , 



1321 



RECOMMENDATION #38 

There was some testimony upon the Inquiry 
as to the contribution to the management of a case of 
abuse that might be made by the physician attending 
to the family's medical needs, the family doctor. 

Ironically, the first such testimony came 
from Dr. Jumean of whom I have been quite critical. 
Apart from his telephone calls to the Sarnia Police 
Force and The Lambton Health Unit on June 16, 1975 he 
contributed nothing to Kim's case. In the vernacu- 
lar, Dr. Jumean did not practise what he preached. 

Nonetheless I find some merit in Dr. 
Jumean's suggestion that the family physician should 
continue to be involved with the child's case even 
while the child is in the care of a children's aid 
society who may engage the services of another 
physician or paediatrician to provide medical 
services to the child. The gist of Dr. Jumean's 
suggestion was that there should be an exchange of 
information between the family doctor and the doctor 
or doctors engaged by the children's aid society. 
That would seem to me to be beneficial to the child 
and family in a variety of ways. 

The family doctor may be able to give in- 
formation not shown upon hospital charts or material 
otherwise available to the physician appointed by the 
children's aid society. That information might go 
beyond matters relating to the health of the child 
and family. It might relate to other observations by 
or opinions of the family doctor. 

Looking forward to the possible return of 
the child to the family, the doctor appointed by the 
children's aid society can similarly expand upon 
whatever health records may have been prepared in 
respect of the child while in the care of the 
children's aid society so that the family doctor will 
be aware of any problem and how it was perceived and 
treated. 

Perhaps reflecting upon his own absences 
during Kim's lifetime and what occurred during those 
absences. Dr. Jumean suggested that in the event of 
an incident of abuse or suspected abuse during the 
family doctor's absence, the children's aid society 



1322 



should write to the family doctor to give particulars 
of the incident. He suggested that possession of 
that information would better enable the family 
doctor to assist in the case. In light of his own 
actions I do not think that suggestion merits much 
attention. Dr. Jumean did not read reports from 
those who "covered" for him or from consultants 
retained on his behalf. It is another bit of irony 
that one of those consultants was Dr. Singh who was 
also retained by the Society and who, conceivably, if 
Dr. Jumean's suggestion were adopted, would be the 
author of any letter to him as Kim's family doctor. 

To some degree Dr. Singh's testimony 
supported the concept of a continuing involvement of 
the family doctor after intervention by a children's 
aid society. Dr. Singh's mind at the time appeared 
to be directed towards the need for frequent medical 
examinations of children in the care of the 
children's aid society and for an exchange of 
information before any child is returned to the 
parents. He said: 

"...once the child is taken up at 
Children's Aid they should have frequent 
physical examination by the family 
physician of that particular child, more 
follow-ups and report to the physician back 
and forth before the child is given back to 
the parents. The Children's Aid Society 
should probably get the physician involved 
to have a complete physical examination;.." 

38, I RECOMMEND THAT the child abuse 

team of each children's aid 
society f as a part of its 
programme to manage and treat a 
child abuse case, establish and 
ma intain an ongoing r el at ions hip 
with the physician who provides 
medical services to the child's 
family as the family's doctor. 
If the children's aid society 
engages another physician to 
provide medical services to the 
child it should instruct and 
authorize that physician to 
obtain the child's prior medical 
records from the family physician 



1323 



and other sources and, if the 
child is to be returned to the 
family home, to supply to the 
family physician the child's 
medical records for the period 
during which the child was in the 
care of the society. That ex- 
change of information may lead to 
the family doctor's more easily 
recog niz ing situations of risk 
for or abuse to the child and 
thus to earlier and more 
beneficial report thereof to the 
children' s aid society , 



1324 



RECOMMENDATION #39 

Mrs. Hewitt voiced a similar or comple- 
mentary opinion as to the benefit to be derived from 
the maintenance of a relationship between the 
children's aid society and persons in the community 
who had been involved in a child's welfare. I 
gathered she felt that, as in Kim's case, doctors, 
nurses, police officers, neighbours and others who 
were involved in a variety of ways, perhaps as wit- 
nesses available to be called by the children's aid 
society upon its application for custody of a child, 
in the process whereby a child came into the care of 
a children's aid society, the children's aid society 
should consult with or inform those same persons in 
relation to any intention to return the child to the 
parents . 

In many ways the following recommendation, 
based on that line of testimony, is an extension of 
the concept of involvement of children's aid 
societies in community based child abuse teams and 
with the child's family doctor. 

39. J RECOMMEND THAT the child abuse 

team of each children's aid 
society, as a part of its 
prog ramme to manage and treat a 
child abuse case, maintain an 
ongoing relationship with those 
who, in any way, have ass isted or 
may assist the children' s aid 
society in relat ion to the case. 
Among such persons I would in- 
clude anyone who had reported the 
case or the suspic ion of abuse to 
the child ren' s aid soc iety or who 
willingly co-operated with the 
society in the provision of 
ass istance or information. If for 
no reason other than common 
courtesy , they should be aware of 
the result of their reports or 
act ions , More importantly they 
may be a means of prev ent ing any 
recurrence of abuse, perhaps by 
keeping the soc iety aware of any 
unusual circumstances or 
observation or perhaps merely as 



1325 



a result of the parent s ' knowing 
from test imony or otherwise that 
persons in the community are 
concerned about the welfare of 
the child. They are more eyes 
and ears of the society in the 
community . 



1326 



RECOMMENDATION #40 

The circumstance of Kim's return to her 
parents' home in May, 1976 is of concern to me in 
that it appears to have been an instance of virtual 
defiance of the Order made by Judge Nighswander in 
March, 1976. 

When the Society's application for custody 
of Kim was heard in February, 1976 Mrs. Harvey 
requested that the Order be to place Kim in the care 
of the Society for only two months. Until then any 
statement in Court on behalf of the Society and the 
understanding of Mr. Carter, the social worker 
directly in charge of the case, was that the Society 
would seek custody for six months. 

However, Judge Nighswander decided to 
decline Mrs. Harvey's request. He placed Kim in the 
care and custody of the Society for six months. The 
uncontradicted testimony of skilled and experienced 
social workers was that Judge Nighswander ' s reasons 
for his judgement were strong. 

In early May, 1976, barely two months after 
Judge N ighswander ' s judgement, the Society, by 
procedures I have criticized elsewhere, decided to 
return Kim to her parents. That return was effected 
in late May, just three months after the Order was 
made. 

Thus, in effect, the Society reverted to 
the position requested by Mrs. Harvey in February, 
1976 and refused by Judge Nighswander in strong 
terms . 

Admittedly Judge Nighswander, in his 
testimony, said he was not offended by that action 
and that he felt it was within the power of the 
Society to make such a decision and to take such 
action. He felt that it was within the power of a 
children's aid society under The Child Welfare Act to 
place a child physically in any place so long as the 
child remained in its custody. That would include 
the home from which the child had been removed and 
the return might be effected even on the day on which 
the order of the court placing the child in the 
custody of the children's aid society was made. 



1327 



To my mind that is wrong in principle 
particularly in an instance such as Kim's where the 
judge hearing the application specifically declined 
to accept the suggestion by the society that the 
order be for a shorter term than was eventually 
ordered. Judge Nighswander had also stated what I 
regard as being virtually conditions to be met to his 
satisfaction before Kim was to be returned. They 
were not met, 

Mr. Higgins' testimony included his 
recommendation that, when a child has been removed 
from the family home because of abuse and has been 
found to be a child in need of protection because of 
abuse, an abused child should not be returned home 
except upon the express order of a judge. 

I endorse Mr. Higgins' views. 

Implementation of the following recom- 
mendation would require the judge's approval even of 
visits intended as a means of introducing the child 
to the home before any return. A child may be 
injured or killed by abuse even during such a visit. 

40. I RECOMMEND THAT the Ministry, 

through appropriate channel s of 
government, seek to obtain an 
ame ndme nt of the Chil d Welfare 
Act so as to provide that, in any 
instance where a child removed 
from the family home has been 
found to be a child in need of 
protection because of abuse or 
because of conditions in and 
about the family home which may 
constitute an unu sual risk for 
the child and has been placed in 
the care and custody of a 
children' s aid society , the child 
may not be returned to the family 
home prior to the expiration of 
the order placing the child in 
care of the children's aid 
society except by an order of a 
judge mad e on application and 
upon notice to such persons as 
the judge may direct. The judge 
should be empowered by the C h il d 



1328 



Welfare Act to impose such terms 
upon the return of the child as 



the judge deems necessary 
protect the child. 



t o 



1329 



RECOMMENDATION #41 

Dr. Bates in his testimony spoke of a study 
he had conducted in Australia. He said that he had 
found that the crucial period with regard to death 
from abuse was within one to three months of the 
return of a child to his or her home after a period 
of hospitalization or foster care. He said that was 
the critical period of readjustment. He felt that 
the majority of such deaths could be prevented. 

It was perhaps only coincidence, or it may 
have been some innate intelligence, but a remark 
attributed to Police Constable Wyville was a 
statement to like effect. He was said to have 
commented to Mrs. Harvey, in the presence of others 
in February, 1976, that if Kim were returned to her 
home she would be dead within three months. 

Kim's death did occur within three months 
of her return to her home. That return was on May 
27, 1976. She died on August 11, 1976, about two and 
one half months later. 

I am well aware that other factors, 
including Karie's birth in July, 1976 and any diffi- 
culties or complications arising therefrom, may have 
had substantial bearing upon Kim's case. However the 
testimony upon the Inquiry did not disclose that any 
particular or special effort was taken to ensure 
Kim's safety from May 27, 1976 or from Karie's birth 
in July, 1976. Kim's safety and protection were en- 
trusted to Mrs. Lo who lacked the necessary training 
and experience and skills. Mrs. Harvey provided 
inadequate intruction to and supervision of Mrs. Lo 
in this task. 

41. I THEREFORE RECOMMEND THAT when a 

child who has been removed from 
the family home as a child in 
need of protect ion is returned to 
the family home the children's 
aid society should be especially 
vig ilant and alert in its super- 
vision of the child's care in the 
family home during the period 
immed lately following the child's 
return. The children's aid 
society should be alert to the 



1330 



possible effect upon the child's 
care result ing from other events 
occur r ing at or about the time of 
the child's return. That period 
of espec ia 1 1 y close supervision 
should be not less than three 
months , 



1331 



RECOMMENDATION #42 

Somewhat similar considerations may apply 
in other instances where a child returns home after a 
lengthy absence, even if the absence was for a reason 
not related to abuse. The children's aid society may 
learn of the situation through its participation in a 
community child abuse team or it may be specifically 
advised of it by some other agency or person. 

42, I RECOMMEND THAT if a children's 

aid society learns of the return 
or proposed return home of a 
child after lengthy absence from 
the home even for reasons not 
related to abuse, the society 
should ensure that every poss ible 
effort is made to assist and 
support the child's parents in 
the re- introduct ion of the child 
to the. home . This would be a 
part of the society's programme 
of prevent ion of abuse. 



1332 



RECOMMENDATIONS #43 and #44 

Dr. Bates in his testimony described some 
types of circumstances surrounding families and 
children which might provide a basis for concern that 
a child in such circumstances may be a "high risk" 
child, a child more likely than others to be the 
subject of abuse. From that background he suggested 
that the role of public health nurses might be 
expanded to enable them to have greater authority and 
responsibility in the field of child abuse. 

The testimony upon the Inquiry was to the 
effect that Mrs. Kuly was not empowered to insist 
that she see Kim. She had no authority to examine 
Kim in any way to determine whether or not the child 
had been abused. 

The thrust of Dr. Bates' suggestion, as I 
understood it, was that public health nurses be 
required to be alert to notice circumstances which 
might indicate that a child is exposed to a high risk 
of abuse. He felt that the duties of public health 
nurses gave them an unusual opportunity to be able to 
recognize and assess such circumstances. Those 
circumstances might relate to abuse suffered by a 
parent as a child. They might relate to the physical 
or emotional health of a parent, including improper 
use of or addiction to drugs or narcotics or alcohol. 
They might relate to the child. They might relate to 
events such as the birth of another child and the 
difficulties surrounding it, including pre-natal and 
post-partum periods. They might relate to the 
family's position in the community. They might 
relate to the state of the marriage of the child's 
parents. 

Public health nurses were in contact with 
Kim's family, particularly Jennifer Popen, even 
before Kim's birth. They were again in touch with 
Jennifer Popen in relation to Karie's birth. They 
made "new-baby" visits to Kim's home and tried to 
assist and advise Jennifer Popen in her duties as a 
mother. They performed their own specific duties 
and, informally, co-operated somewhat with the 
Society. 

It is that latter area that requires 
improvement. I gathered from Dr. Duncan's testimony 



1333 



that steps have been taken to that end. There also 
was some concern expressed that the public health 
nurses must establish a good rapport with the 
families they visit. If they do not they are not as 
effective in performance of their own major role. 

It would seem that public health nurses can 
be useful members of the local inter-disciplinary 
teams dealing with abuse. They should be entitled to 
discuss with those teams children or families in 
respect of which they have concerns about abuse. 
They should be empowered to examine any child in 
respect of whom they have such concern. Such exami- 
nations, admittedly not definitive, might help to 
detect or prevent abuse. They can provide a useful 
service as another friendly visitor to the families 
they serve. They are another human resource in the 
community to support children's aid societies and to 
support and assist and encourage parents in dealing 
with problems. They are persons who, by reason of 
the nature of their primary duties, are among those 
who may have early opportunities to observe and 
assess circumstances which indicate possible dangers 
for children and thus to ensure that steps are taken 
to try to prevent the dangers from materializing into 
abuse to the children. If abuse does occur they may 
have an early opportunity to observe its effects upon 
a child. 

In Kim's case Dr. Duncan testified that, in 
retrospect, Jennifer Popen's request for a letter 
from The Lambton Health Unit should have been made 
known to the Society. She said that the Society 
would now be informed of any such request. I regard 
that as merely an extension of the co-operative 
exchange of information that should exist among the 
various agencies and organizations whose aims and 
objectives encompass the welfare of children. I 
gather Dr. Duncan felt that such a request was a 
circumstance to be considered by the Society which 
had the basic responsibility for Kim's care and 
safety. 

In that sense the public health nurses can 
complement the children's aid society workers both in 
efforts to prevent abuse and in some phases of 
investigation if abuse does occur. 



1334 



Dr. Duncan in her testimony spoke of a 
means developed in the City of Sarnia and the County 
of Lambton to overcome the problem arising from the 
absence of legislative authority for public health 
nurses to examine children such as Kim. That 
occurred after Kim's death. It involved an 
application to the Provincial Court (Family Division) 
of the County of Lambton for inclusion of a special 
provision in the order upon any application for a 
declaration that a child was a child in need of 
protection. The special provision would authorize 
the public health nurse to undress and examine the 
child to determine whether or not there were any 
signs or marks of abuse. Dr. Duncan said several 
orders made by the Court have included such a 
provision. 

That sort of arrangement is probably very 
effective, but it would seem to me that it would be 
advisable to ensure that there is adequate authority 
for any such order. 

I am presupposing that in any instance 
where such an order is sought the agency or local 
health unit by which the public health nurses are 
employed will have been made aware of the particular 
case through participation in the local community's 
child abuse team. I also presuppose that the local 
health unit will have agreed to conduct the 
examination and to report thereon as required by the 
court . 

Dr. Duncan's testimony was not clear as to 
the stage of court proceedings at which such an order 
might be made by the Court. Mr. Carter, who had 
expressed concerns in this area similar to those of 
Dr. Duncan, spoke of the order being part of the 
order for supervision of a child. If that be so, it 
would seem that the main purpose of the order would 
be to serve as an instrument to prevent further abuse 
of a child who has been found to be a child in need 
of protection. 

Bearing in mind the testimony as to the 
benefits to be derived from an integration of the 
efforts and services of community agencies and from 
the provision of such services even prior to any 
final determination of the child's need for 
protection, it would seem desirable that there be a 



1335 



means for such an order to be made at any time, 
whether prior to or as part of such final deter- 
mination. 



43 , 



I RECOMMEND THAT c o- o pe r at ion 
between public health nurses and 
social workers employ ed by local 
children' s aid societies should 
be regulated by formal documents 
setting forth the need for and 
the basis of such co-operation. 
Children's aid societies should 
seek the active assistance of 
public health nurses as a means 
of obse rv ing conditions in any 
home in which a child, about 
which a children's aid society is 
concerned in any way, resides. 
Public health nurses must inform 
local children' s aid soc ieties of 
any c ixcums t a nc e which causes 
them to have any fear that a 
child might be in some danger of 
abuse even though there be no 
physical evidence of abuse. 
Public health nurses must assist 
local children's aid societies 
when requested and, by appropri- 
ate legislation, should be 
specifically authorized in the 
performance of their general 
duties in or about the home or 
family of any child to phys ically 
examine the child if the 
children's aid society has ex- 
pressed any suspic io n or concern 
that the child may be in any 
danger of abuse. 



1336 



RECOMMENDATION #44 

44, I THEREFORE RECOMMEND THAT the 

Ministry seek appropriate 
amendment of the Ch ild We 1 f a r e 
Act to authorize or empower a 
judge r upon an appl ic at ion under 
that statute , to order and direct 
that public health nurses he 
given free access to any child 
named in such appl icat ion for the 
purpose of exam ining such child 
as one means of ascertaining 
whether or not the child has been 
abused and/or as a means of 
prevent ing abuse to the child and 
supervising the care of the 
child . 



1337 



RECOMMENDATION #45 

Witnesses expressed concern about the 
admissibility of evidence and the courts' use of it 
when it was admitted. That concern may arise as a 
result of inadequate presentation of cases by or on 
behalf of children's aid societies. The adversary 
system exists. Skills of advocacy are important. 
Knowledge of the law is important. 

That was demonstrated in Kim's case. 
Witnesses upon the Inquiry testified that the staff 
of the Society lacked knowledge of The Child Welfar e 
Act. I have expressed the opinion that a more 
knowledgeable staff would have brought about a more 
thorough investigation, preparation and presentation 
of the Society's application. They would not have 
made certain wrong assumptions as to the effect of 
the result of the proceedings against Jennifer Popen 
and Annals Popen under section 40 of The Child 
Welfare Act . They would not have so meekly abided by 
Mr. Higgins' attempt, successful as it turned out, to 
limit the Society's work. 

Others before me, including witnesses upon 
the Inquiry and the authors of the Garber Report, 
have expressed the need for children's aid societies 
to be able to obtain legal services in relation to 
their duty to protect children. 

As an introduction to my next recommen- 
dation, I can do no better than to repeat and endorse 
another of the recommendations set forth in the 
Garber Report. It is the twelfth recommendation in 
that report. It is as follows: 

"12. That in all child abuse court 
proceedings the CAS must be represented by 
counsel; in all uncontested cases the CAS 
should have access to legal opinion, in 
order to fulfill its protection mandate." 

I would note that in Kim's case the Board 
of Directors of the Society had made monies available 
for legal services if Mr. Lovatt felt such services 
were required. That action was taken in direct 
response to Mrs. Harvey's request for such assistance 
in cases of abuse. So far as I am aware Kim's was 
the only such case at the time. Unfortunately it was 



1338 



the same Mrs. Harvey who had earlier declined to 
attend or send anyone in her stead to attend a 
seminar for court workers employed by children's aid 
societies. Without adequate reason she felt 
confident of her own abilities. Unfortunately too 
Mr. Lovatt had not concerned himself sufficiently 
with Kim's case and he relied upon Mrs. Harvey's 
management of it. Thus funds which, if used, might 
have protected Kim, lay unused. 

In my view therefor the recommendation in 
the Garber Report must be strengthened. The first 
portion which, if implemented, would require that 
counsel represent the children's aid society in any 
court proceedings arising out of any incident of 
abuse would appear to be adequate if it were extended 
to ensure that counsel were retained and consulted 
during the investigative and preparatory stages of 
any such incident. Even the most highly skilled 
counsel cannot have much effect if the investigation 
has been mishandled and if all available evidence has 
not been obtained and considered prior to the trial 
or hearing. Similarly counsel cannot succeed if the 
attendance of witnesses has not been ensured. 

I cannot envisage any situation of abuse or 
suspected abuse where court proceedings of some sort 
would not at least be considered as one possible 
result of adequate investigative and other actions by 
the children's aid society involved. 

In my view it is imperative that the staff 
of the children's aid society have ready access to 
legal advice at all stages of any case of abuse or 
any report of suspected abuse. 

I would liken the desirable availability of 
legal advice to children's aid society personnel to 
that which is provided to police officers by the 
Crown Attorney. Mr. Lang advised the Sarnia Police 
Force with reference to Kim's case. Witnesses upon 
the Inquiry spoke of the investigative skills of 
police officers developed by training and experience. 
If police officers, so skilled, enjoy and use access 
to legal advice during their investigations and 
before any decision is made upon any consideration of 
charges which might be laid, it seems to me only 
logical and reasonable that the personnel of a 
children's aid society should have a similar benefit 



1339 



of legal advice before any decision is made in 
respect of courses of action open to the society in 
any case or report of abuse. 

Having said that, there remains the problem 
of ensuring that the personnel of the children's aid 
societies exercise their access to legal advice. 

In Kim's case the opportunity for legal 
advice was present, but unused. So far as the 
testimony upon the Inquiry disclosed, no one of the 
Society, including Mr. Lovatt, iMrs. Harvey and Mr. 
Carter, even considered, let alone discussed in any 
meeting, consulting a solicitor to represent the 
Society or to give any advice to the personnel of the 
Society in relation to any aspect of Kim's case. 
That was so despite Mrs. Harvey's successful request 
to the Board of Directors of the Society that funds 
be made available for legal services in abuse cases. 

It would seem to me therefore that any 
procedures to be developed for the handling of cases 
or reports of incidents of abuse must contain some 
provision whereby the decision to consult or not to 
consult a solicitor will be the decision of the 
appropriate team of workers, whether composed only of 
personnel of the children's aid society or supple- 
mented by others from outside the children's aid 
society, who are involved in the matter at its 
various stages, whether investigative or later. 

It is not too much to expect that something 
akin to minutes of the meetings of such teams be 
prepared and retained as a part of the permanent 
record of the matter. Like other records they should 
be prepared promptly after the meeting and their 
accuracy should be confirmed, as by requiring each 
person participating in the decision to initial the 
original . 

In the case of the Society, minutes of 
meetings of teams of workers were prepared, but some 
could not be found when sought by Detective Inspector 
Hill for use on the Inquiry. This disappearance was 
not explained. 

The particular circumstances of each 
community and each children's aid society will 
probably determine the basis upon which legal advice 



1340 



will be available to the personnel of the children's 
aid society. Whatever the basis may be it must be 
such as to enable legal advice to be available at all 
times. Testimony upon the Inquiry showed that 
incidents of abuse often occur as a result of crisis. 
Crisis can occur at any time. The discovery of 
injury to a child can occur at any time. 

Kim's case demonstrated at least the last 
of those statements. Her admission to hospital on 
August 31, 1975 occurred at about one o'clock in the 
morning of Sunday in the middle of a long holiday 
weekend. Mrs. Dick was able to resolve or avoid 
problems, but the testimony upon the Inquiry was such 
as to suggest that there could have been then a 
situation in which any worker for a children's aid 
society would have appreciated ready access to legal 
advice . 

Kim's case also demonstrated the need for 
legal advice and representation in cases of abuse 
even if the matters are unopposed. In the end, in 
February, 1976, Kim's parents were not vigorously 
opposing the Society's application, but, in the many 
ways I have mentioned elsewhere in the Report and in 
this Chapter, the absence of legal advice to and 
representation of the Society contributed to an 
unfortunate result. 

45. I RECOMMEND THAT each children's 

aid society make arrangements to 
have legal services available to 
its personnel engaged in child 
abuse matters. If reasonably 
poss ible those se rvices should be 
available at all times to meet 
emergency situations in such 
cases. The social workers of 
each children' s aid society must 
be made aware of those ar range- 
ments and encouraged to avail 
themselves thereof in every 
instance , Procedures governing 
the handl ing of cases or reports 
of abuse should provide that, 
except in cases of emergency 
where full conferences are not 
practical, decisions to use or 
not to use such services should 



1341 



be made at conferences of the 
appropriate team or teams of 
workers and duly recorded as part 
of the permanent record of each 
case. If any court proceed ing s 
arise as a result of any instance 
of abuse the children's aid 
society must be represented by a 
solic itor even if the proceed ings 
are unopposed , 



1342 



RECOMMENDATIONS #46 and #47 

Upon the Inquiry there was some limited 
testimony as to the size of the Society in relation 
to other children's aid societies in Ontario. From 
that testimony I am prepared to assume that many of 
the other societies are not greatly unlike the 
Society in the matter of area and population served. 
There was little testimony as to the incidence of 
abuse in any particular jurisdiction and there was 
testimony as to the doubtful validity or accuracy of 
whatever statistics might be available. 

I am prepared to assume that the incidence 
of child abuse in the City of Sarnia and the County 
of Lambton was not greatly different from that in 
other cities and counties in Ontario. The testimony 
was that Kim's was certainly the only serious case of 
abuse and perhaps was the only case of abuse being 
serviced by the Society during her lifetime. 

On that basis I think it is clear that the 
Society was not during Kim's lifetime in a position 
to develop and maintain a team of workers whose 
duties, at least for specific periods of time, would 
be limited to abuse cases, let alone the single facet 
of such cases related to the investigative phase 
thereof . 

Probably few if any of the children's aid 
societies in Ontario would be able to afford such 
teams . 

There was testimony as to the need for 
workers with special aptitudes, training, skills and 
experience to be used in all phases of cases of 
abuse. It was said however that service upon such 
cases was very demanding and that workers should be 
relieved from such duties and assigned to other less 
demanding duties from time to time. 

From all of that, however desirable it 
might be in theory, it is not practical to suppose 
that many of the chiJdren's aid societies in Ontario 
would have sufficient need or demand to justify the 
establishment of a team of workers assigned solely to 
abuse matters in some form of rotation, some being 
specifically assigned responsibility for investiga- 
tion of reports and some assigned responsibility for 



1343 



other phases of prevention, treatment and management 
of cases. 

It may very well be that only some of the 
reported cases of abuse will be such as possibly to 
create difficulties in the sense of social workers 
employed by a children's aid society having to 
perform two roles which, to the families involved, 
might appear to be conflicting. This would perhaps 
be one of the areas requiring immediate evaluation or 
assessment by the workers first assigned to the case. 
That evaluation or assessment would require prompt 
review and consideration by the appropriate confer- 
ence of workers and supervisory staff, including, if 
needed for resolution of differences of opinion, the 
local director of the children's aid society. 

Bearing in mind the practical problem of 
maintaining a special team of workers to work on 
reports or cases of abuse in the territory or 
constituency served by each children's aid society it 
would seem to be incumbent upon the Ministry to 
provide to the children's aid societies some specific 
support and assistance in the area of child abuse. 
The Ministry should have personnel, with all of the 
necessary aptitudes, training, skills and experience, 
who might be assigned to respond immediately, by 
physical attendance in the local community if need 
be, to any request by a children's aid society for 
assistance in any phase of a child abuse matter. 

I want to make it clear that I have not 
discussed my following comment with Detective 
Inspector Hill, who served with me upon the Inquiry, 
nor have I discussed it with any other member of any 
police force to learn any of the details of function 
of the Criminal Investigation Branch of the Ontario 
Provincial Police. Subject to that limitation, it is 
my view that that Branch's ability to quickly deploy 
highly skilled police officers to all areas of 
Ontario to direct or conduct the investigation of 
serious crimes or allegations of serious crimes 
provides a useful model for what I visualize might be 
done by the Ministry. 

This must all be viewed in the context of 
the present statutory, and previously informal, 
requirement that children's aid societies report all 
incidents or reports of abuse to the Central Registry 



1344 



of Child Abuse. It must also be viewed in the 
context of the Ministry's avowed intention to conduct 
full operational reviews of each children's aid 
society not less frequently than quinquennially . 

Thus, cases of abuse being among the most 
serious matters dealt with by children's aid 
societies, it is likely that every report or case of 
abuse to or in each children's aid society will come 
to the attention of the Ministry's personnel and, if 
necessary, the personnel of the local children's aid 
society will be required to support or explain 
assessments, evaluations, decisions and actions upon 
each case and to bear responsibility therefor. 

My concept of the overall organization of 
the forces to deal with abuse involves local and 
provincial personnel. 




Mrs. Dick's presence and actions on August 
31, 1975 are such as I envision as the basic res- 
ponsibility of the local children's aid society. In 
relatively calm and serene reflection hours, days or 
months later, one may question whether what she did 
was entirely correct and complete. But she was 
effective in securing Kim's immediate and continuing 
safety, physically in the hospital and, de facto, in 
the care of the Society. 

Each local society should have among its 
personnel social workers with the necessary quali- 
fications, again of aptitude, training, skills and 
experience in the field of abuse, to enable them to 
conduct at least the preliminary investigation of 
each report or case of abuse and then to evaluate or 
assess the results of such preliminary investigation. 
It would then be incumbent upon those social workers, 
in conference with supervisory staff of the society, 
including perhaps the local director, to determine 
whether or not the personnel of the local society 
possessed sufficient qualifications to deal 



1345 



successfully with all of the difficulties which might 
reasonably be expected in the particular case. 

A permanent written record of the 
preliminary investigation and of the subsequent 
conference, complete with evaluation and assessment 
of the results of the investigation and the proceed- 
ings of and decisions made at the conference, shall 
be prepared at once and placed in the files of the 
children's aid society. 

If it is the decision of the local 
children's aid society that its personnel are 
sufficiently qualified to deal successfully with the 
case they shall proceed to do whatever they deem to 
be necessary to investigate, manage and treat the 
case. In addition an immediate written report shall 
be made to the Central Registry. 

If it is the decision of the local 
children's aid society that its personnel are not 
sufficiently qualified to deal successfully with the 
case the senior member of the staff of the children's 
aid society responsible for the case shall forthwith, 
by telephone and thereafter promptly in writing, 
advise the Ministry of the situation with as much 
detailed information as is then available and request 
the assistance of the Ministry's personnel to 
investigate, manage and deal with the case. 

That then leads to consideration of the 
facility to be available in the Ministry to respond 
to such requests from local children's aid societies. 
In the light of unreliable statistics and the lack of 
knowledge as to the real frequency of abuse there is 
not much point in even trying to estimate the volume 
of such requests. 

In my view that service from the Ministry 
should be available to children's aid societies 
twenty-four hours of every day. This is simply an 
extension of the recommendation that each children's 
aid society have staff available to deal with 
emergencies at any and all times, twenty-four hours a 
day. 

I do not contemplate that fully organized 
teams of the Ministry's workers will be on duty 
around the clock. I do contemplate however that the 



1346 



Ministry will maintain an emergency telephone number 
through which a children's aid society, believing it 
needs assistance in an emergency situation, may 
quickly discuss the matter with a qualified member of 
the Ministry's staff who, on regular duty or on a 
stand-by basis as the case may be, will be able to 
give assistance and advice by telephone or even by 
personal attendance if the situation seems to require 
it and it is reasonably feasible. 

I would think that in most such cases 
advice or assistance by telephone would suffice. 
Personal attendance of the Ministry's staff would not 
often be required, but it should be available if 
required . 

Any such request to the Ministry for 
assistance or advice should be followed as soon as 
possible by an exchange of written messages between 
the local children's aid society and the Ministry 
confirming the basis of the request and the 
Ministry's response to the request. 

While personal attendance of the Ministry's 
staff at a local children's aid society may not often 
be required in immediate response to telephoned 
messages to the Ministry, such personal attendance 
might often be required during various phases of any 
case, whether in the investigative or management and 
treatment phases, including preparation for various 
court proceedings and the subsequent hearing or 
trial . 

In my view once the local children's aid 
society has acknowledged its inadequacy to deal with 
a particular case or report and has sought the 
assistance of the Ministry it should be required to 
follow the advice or direction given by the 
Ministry's personnel unless and until such advice or 
direction is withdrawn by the same or more senior 
personnel of the Ministry. 

That is the major reason for my belief 
that, as soon as practicable, any such advice or 
direction, however given, should be reduced to 
written form. Such a procedure should reduce the 
possibility of misunderstanding. 



1347 



The children's aid society should have a 
means to obtain review of any item of advice or 
direction. The review should be by the superior of 
the Ministry's employee who issued the advice or 
direction which is questioned. 

I envisage that the Ministry's personnel 
can be of especial assistance to smaller children's 
aid societies in relation to the investigation and to 
the planning, management and treatment phases of any 
case of abuse. The conflict of the two aspects of 
the duty of the workers for the children's aid 
society is apparent. 

As an investigator he or she seeks to learn 
the truth and thus, possibly or probably, is in an 
adversarial position in relation to one or more of 
the child's family, an adversarial position which is 
maintained at least until the conclusion of any court 
proceedings . 

As the social worker responsible for the 
long term management and treatment of the case he or 
she seeks to achieve the best result for the child as 
an individual and as a member of the family. 

From the testimony upon the Inquiry I am 
satisfied that adequate performance of the 
investigative role by one social worker may interfere 
with the proper performance by that worker of duties 
in relation to the long term management and treatment 
of the case. This is not necessarily because of any 
inadequacy on the part of the worker. It is more 
likely because of the way in which the child's family 
perceive the worker. Until the conclusion of the 
court proceedings the worker has sought to learn such 
things as when, how, why and by whom was the child 
abused and what is the relationship of the child in 
the family. Some of that may be, or at least be 
perceived to be, an attempt to place responsibility 
or guilt upon one or more of the family. In such 
circumstances it is at least difficult and perhaps 
impossible for the development of a rapport or 
relationship between that worker and the child's 
family to enable the preparation, development and 
implementation of a plan or programme for the care of 
the child. 



1348 



I accept the thesis that abuse requires a 
special type of person to handle its various phases 
and facets. I accept the further thesis that cases 
of abuse are very demanding and draining of workers 
and that workers should be relieved of such duties 
from time to time. It seems therefore that not many 
of the fifty or so children's aid societies in 
Ontario will be able to obtain the services of enough 
social workers, suited for and skilled in all phases 
of abuse cases, so as to enable the ideal separation 
of duties, so that one worker or team of workers is 
not seen by the child's family to be adversarial to 
them and thus burdened to try to establish an ongoing 
rapport of trust, confidence and understanding 
necessary for the long term success of the case. 

It seems to me therefore that it will be 
particularly helpful to the smaller children's aid 
societies for the Ministry to have personnel avail- 
able to complete the investigative phase of any case 
in which the local children's aid society feels it 
requires assistance. The investigative phase would 
include all court proceedings seeking to show the 
child to be a child in need of protection or seeking 
to show anyone to be guilty of having abused the 
child. 

While the Ministry's personnel attend to 
the investigative phase of the case, the local 
society's personnel will seek to devise a plan or 
programme for the management or treatment of the 
case. Such a plan or programme cannot be developed 
in isolation or ignorance of the information gathered 
by the Ministry's personnel in investigating the 
case. There should be a free exchange of information 
and opinion between the Ministry's personnel and that 
of the local society. The Ministry's personnel 
should not be entirely unmindful of the hopes or 
wishes of the society's personnel for the eventual 
outcome of the case. Their investigation should seek 
to obtain information to assist the local society in 
developing a plan for the management and treatment of 
the case. The society's personnel should not be 
entirely unmindful of the negative factors disclosed 
by the investigation. The workers from the Ministry 
and from the local society must develop a process to 
achieve the most desirable result for the child, 
primarily, and for the family and the community 
generally . 



1349 



46, 



I THEREFORE RECOMMEND THAT the 
Minist ry establ ish and ma inta in a 
system whereby local children's 
aid societies shall have 
immediate access at all times, 
twenty-four hours a day, to 
advice and ass istance from social 
workers skilled and qualified in 
all aspects of child abuse cases. 
In addition to such a system the 
Ministry should establish and 
maintain a group of social work- 
ers, espec ially highly trained in 
the investigative phases of abuse 
cases, so as to enable one or 
more of such workers to attend in 
a local community , promptly upon 
the request of the local 
children's aid society, to 
invest igate any inc ident or alle- 
gation of abuse and to pursue any 
court proceedings which might 
ensue. Depending upon the nature 
of such court proceedings the 
local Crown attorney or the 
solicitor for the local 
children's aid society shall be 
instructed to present the 
mater ial in court. 



1350 



RECOMMENDATION #47 

47, I FURTHER RECOMMEND THAT the 

Ministry's personnel conducting 
any such investigation, while 
having authority and responsi- 
hility for the conduct thereof , 
shall generally recognize the 
valid concerns of the local 
children's aid society for the 
eventual and long-term success of 
the manag erne nt and treatment of 
the case. To that end the 
Ministry ' s personnel shall keep 
the local children' s aid society 
fully and promptly advised of 
what has been revealed by the 
investigation. They shall seek 
to obtain informat ion required or 
desired by the society for its 
purposes in manag ing and treat ing 
the case. In similar vein the 
local children's aid society 
shall keep the Ministry ' s person- 
nel advised of the soc iety ' s plan 
or prog ramme for the ma nag eme nt 
and treatment of the case and the 
rationale therefor , In the event 
of any difference of opinion 
between the Ministry's personnel 
assigned to the case and the 
personnel of the local children' s 
aid society, the matter should be 
resolved by more senior personnel 
of the Ministry whose decision 
s houl d be the determination of 
the issue as between the Ministry 
and the local children's aid 
society , provided howeve r that, 
if either party feels it nec- 
essary or advisable so to do, the 
quest ion may be raised before the 
judge sitting in the court hear- 
ing the matter who may take the 
difference of opinion into 
cons iderat ion in determinat ion of 
the main issue or issues in the 
proceedings , 



1351 



RECOMMENDATION #48 

In other areas of the Report I have 
expressed criticism of the failure of the Ministry to 
fulfill its obligations to children's aid societies 
in general and to the Society in particular during 
Kim's lifetime. Insofar as the Society was concerned 
there was a tremendous change in the involvement of 
the Ministry in the affairs of the Society in 1978. 
There was a clear relationship between that change 
and the public revelation in late 1977 and early 1978 
that the Society's management of Kim's case was so 
suspect and so open to criticism. The Ministry made 
arrangements for specially selected and highly 
skilled management personnel to be assigned to assist 
the Society. 

My next recommendation arises from that 
special effort by the Ministry. 

Mr. McPhedran was one witness who commented 
upon it. In the course of discussing his 
recommendations to me he said: 

"Just some things that have come up in the 
course of receiving a great deal of help 
from the Ministry, from particularly Mr. 
Peter McCabe and Harry Zwerver and many, 
many others who have been down here and 
assisting the Society in this difficult 
time. One of the ideas that came up was a 
mobile team of experts who would be ready 
to assist any agency that gets into any 
kind of difficulties, whether they be 
administrative or on the level of social 
practice and I think that's something that 
perhaps the Ministry might be interested in 
as well as the OACAS and they may combine 
on joint bases or independently provide or 
identify people within the system who are 
prepared in a given time to go somewhere as 
we have had in the Sarnia, Lambton to help 
out the local management with any 
particular case they may come up with..." 

That really was what occurred in the spring 
of 1978 when the Ontario Association of Children's 
Aid Societies responded to the Society's request and 
organized the committee I have chosen to call the 



1352 



Farina Committee. That really was what happened when 
the Ministry arranged for Mr. Zwerver, Mr. McCabe and 
others to be available in the City of Sarnia to 
assist the Society over a lengthy period of time. 

My recommendation is merely to express my 
belief that assistance from the Ministry and from the 
Ontario Association of Children's Aid Societies 
should be promptly available to any children's aid 
society which feels the need for assistance. Not 
every request for assistance will require a response 
as massive and long-lasting as the Society needed and 
apparently received. But the facility should be 
there to provide it quickly if needed either in 
relation to an individual case of abuse or to a more 
general situation within the society. 

The personnel to comprise that facility may 
be found in various positions. Some may be employees 
of the Ministry. Some may be employees of the 
Ontario Association of Children's Aid Societies. 
Others may be employed by other children's aid 
societies or other social agencies who will have 
indicated a willingness to permit them to be a part 
of such a facility. Others may be, like Dr. Bates 
and at least some of the others who served with him 
on the committee to organize a seminar for the 
Ministry in 1976, in private practice or in other 
employment. 

I liken the organization and maintenance of 
that facility to the Criminal Investigation Branch of 
the Ontario Provincial Police who, I believe, are 
capable of assigning qualified personnel even to 
remote areas of the province on short notice. 

48. I RECOMMEND THAT the Ministry 

establ ish and mainta in a cadre or 
roster of experts in the field of 
child care, and part icul arly the 
detect ion , invest igat ion, assess- 
ment, management and treatment of 
child abuse, thus including 
representat ives from a number of 
professions, disciplines and 
call ings , suff icient to enable it 
to provide prompt assistance by 
qualified persons to any 
children's aid society needing 



1353 



ass istance , Such cadre should be 
composed of a sufficient number 
of such qual if ied pe rsons as may 
be neces s a ry to ensure that the 
person or persons with the skills 
and experience required in the 
particular c i rcums tance will be 
quickly available to provide the 
necessary assistance, including 
phy s ical attendance, A senior 
member of that cadre should 
always be available for 
consultation with the local 
children' s aid societies and to 
assign responsibilities to 
appropriate members thereof , 
including author ity to travel. 



1354 



RECOMMENDATION #49 

The practical limitations upon the em- 
ployment by children's aid societies of persons with 
special training or skills which may not often be 
required in the one community might be overcome apart 
from direct assistance from staff of the Ministry, 
For example, the Ministry, as a likely custodian of 
such information, might maintain something in the 
nature of a register of employees of children's aid 
societies and similar organizations or persons in 
private practice, who possess certain specialized 
skills and knowledge which might be made available to 
assist a children's aid society with a particular 
case which requires the application of such skills 
and knowledge. The basis on which such services 
might be provided should be negotiated by the parties 
to the arrangement, perhaps with the assistance of 
personnel from the Ministry. I regard this as a 
logical extension of the child abuse team of workers 
employed by the children's aid society and the more 
comprehensive community child abuse team of workers 
representing various disciplines. 

49, I RECOMMEND THAT the Ministry 

establ ish and mainta in a list of 
persons employed or pract icing in 
Ontario who possess special 
skills or knowledge and whose 
advice or assistance might be 
made ava il abl e on some basis to 
assist a local children's aid 
society or mu 1 t i- d i s c ipl i na r y 
team in a particular case 
requiring the application of 
special skill or knowledge , 



1355 



RECOMMENDATION #50 

Upon the Inquiry it was stated by qualified 
persons that in the local communities the children's 
aid societies have the prime responsibility for the 
welfare and protection of children. It was said that 
while the local children's aid society might enlist 
the assistance of others it nonetheless retained the 
prime responsibility. I regard that view as having 
validity. It is the basis for some of my recom- 
mendations as to the onus lying upon children's aid 
societies to be at the forefront of local organi- 
zations and efforts to deal with child abuse. 

It is my opinion that the principle of that 
view can and must be extended beyond the borders of 
the local communities to embrace the entire Province. 
I regard implementation of Recommendations numbered 
46 and 47 as being a partial implementation of the 
recommendation I am about to make. In that extension 
of the principle the Ministry should have the prime 
responsibility for the welfare and protection of all 
children in Ontario. It may look to other ministries 
or levels of government or even beyond government for 
assistance and co-operation, but nonetheless the 
prime responsibility must lie upon the Ministry. 

I have written of my concern that some of 
the high sounding proposals of the Ministry suggested 
as being imminent in 1978 or even some of the 
programmes then begun might wither and die because of 
some unilateral, perhaps unannounced or unpublicized, 
action or even some inaction by someone in the 
Ministry. That is what happened earlier when the 
"readers" disappeared. 

One response by Mr. Charko to a statement 
by the Ministry's counsel in cross-examination is an 
example of what causes me to have that concern and to 
suggest in these Recommendations that the present 
Minister satisfy himself that proposals or actions 
made in the furor of activity in 1978 following 
disclosure of the circumstances of Kim's life and 
death have been fulfilled and continue to be 
fulfilled or, if not, why not and what, if anything, 
has been and is being done in replacement. In my 
view it will be a challenge for the Minister and his 
personal staff to get behind the fine words and learn 
what really has been and is being accomplished. 



1356 



The statement of counsel and Mr. Charko's 
response thereto to which I have referred were 
transcribed as follows: 

"Q. And I think that you mentioned earlier 
in your evidence that three persons had 
been hired by the Ministry to deal with all 
the child abuse cases in the province and 
to review them in all the Societies? 

A. They were seconded to us for certain 
period of time . " 

That may have arisen out of Mr. Charko's 
earlier testimony when he responded to questions as 
to the organization and personnel of the Ministry in 
September, 1978. He began with the Minister and 
proceeded downward through various levels to his 
position and then the following questions and answers 
are recorded: 

"Q. And other people working under you? 

A. Right. 

Q. And could we follow their levels down? 

A. There are field consultants. 

Q. All right, how many of those are there? 

A. At present time three full time and two 
part time, because part time, half of their 
time is in Child Welfare and half of their 
time is with the Children's and Youth 
Institution. 

Q. So there really, if you want to put it 
in time spent, four field consultants? 

A. Plus myself. 

Q. Right. Now, are there any people below 
the field consultants? 

A . No . 

Q. All right. 



1357 



A. Just the clerical staff." 

In addition there was a child abuse unit headed by 
Dr. Sohn. 

Or that statement may have arisen out of 
another response by Mr. Charko when he said: 

"A. The Ministry considered [doing a 
complete audit of agencies across Ontario] , 
there is a greater need for manpower and as 
of May 1977, more staff was hired. We, 
three consultants were hired in May of 1977 
and one at the beginning of June in 1977." 

Or it may have arisen from yet another 
response by Mr. Charko when he was asked if the 
Ministry had begun audits of children's aid 
societies. He said: 

"A. What we did, not the audit, but the 
child abuse cases as I briefly mentioned 
yesterday, three people were seconded from 
other Branches to go out to the Children's 
Aid Societies and read the files and this 
being done, this review started at the 
beginning of July [1978] and it's going to 
be finished in a week or so [September, 
1978] ." 

All of that gives the impression that 
personnel were engaged by or assigned to the Ministry 
to perform certain tasks for or in specific periods 
of time. I did not form any impression of any 
permanence of engagement or assignment. 

It is on that basis that I found my next 
recommendation, 

50. I RECOMMEND THAT, while the local 

children's aid societies have 
primary responsibility for the 
care and protection of children 
res iding within the geographical 
areas served by the societies, 
the Ministry must assert and 
acknowledge that it has an 
overriding and superior r e - 
sponsibility for the care and 



1358 



protection of all children in 
Ontario, To that end the 

Ministry should ensure that it 
always has sufficient resources 
of personnel , equipment and funds 
to enable it to perform its 
duties and obligations to 
child ren . 



1359 



RECOMMENDATION #51 

Heretofore in these recommendations I have 
directed attention particularly to prevention of 
abuse and to the matter of detection of the possible 
existence of an instance of abuse and the investi- 
gation required to determine whether or not abuse has 
in fact occurred or has likely occurred. Questions 
of judgement arise in all of these areas, but perhaps 
even more questions of judgement arise in relation to 
the management or treatment of an abuse situation 
once its existence is proven or shown to be likely. 
There are principles, practices and procedures 
generally found to be acceptable in such cases, but 
each case will require close examination and study to 
determine which principles, practices and procedures, 
if any, in whole or in part, might most profitably be 
employed in the particular case. 

Abuse is not a simple matter. It may have 
many bases. It may arise in an explosive reaction to 
crisis. It may arise and develop in a slow pro- 
gression from incident to incident. Its roots may be 
hidden in one or both of the parents, or in the 
family or even in the child. Aptitude, training and 
expertise are needed to establish its existence and 
its causes. Similarly aptitude, training and 
expertise are needed to manage or treat abuse and, 
hopefully, to prevent its progression or recurrence. 

I was much impressed by Dr. Turner's 
testimony as to the absence of any effective system 
to control the use of the designation "social worker" 
in various fields including child welfare and child 
care. I will limit my comments thereon to the 
application of that term to persons employed in child 
welfare or child care by children's aid societies and 
similar organizations as well as by various levels or 
branches of governments. 

Several of the witnesses who testified upon 
the Inquiry were or were said to be social workers. 
There was a vast difference in their academic 
training and their work experiences. There was Mrs. 
Lo. There was Mr. Khattab. They seem to me to be at 
the low end of any scale by v;hich to grade social 
workers. There were Mr. Lovatt, Mrs. Harvey, Mr. 
Carter, Mrs. Archer, Mrs. Kirby, Mrs. Dick and Mrs. 
Saul. They had a wide variety of educational or 



1360 



academic backgrounds and work experience. There were 
Mrs. Farina, Mr. Heath, Mr. Petersen, Mr. McCabe, Mr. 
Zwerver, Mr. Macdonald, Mr. Charko, Mr. Mainville, 
Dr. Sohn and Dr. Turner. They had impressive widely 
divergent qualifications. 

In my view Dr. Turner was on solid ground 
when in his testimony he deplored the absence of 
adequate means to regulate the use of the appellation 
or designation "social worker" and the practice of 
social work. 

I have reviewed the provisions of The Child 
Welfare Act in force during Kim's lifetime and The 
Child Welfare Act, 1978 . The newer legislation did 
nothing to approach the problem mentioned by Dr. 
Turner. I understand from the testimony that similar 
concern has been expressed as to the use of the 
designation "social worker" in fields other than 
child welfare. Mr. Khattab, I suppose, might be one 
whose duties went beyond the general field of child 
welfare. 

While both Th e Child Welfare Act and The 
Child Welfare Act, 1978 purport to require children's 
aid societies to employ as social workers persons 
with special qualifications of education or 
experience it would seem that the requirements are 
not sufficient to ensure that persons so employed are 
in fact, as opposed to appearance, qualified when 
employed or remain qualified after employment. 

Mrs. Lo ' s qualifications appeared to be 
sufficient to enable her to be classified by the 
Society as a Social Worker I. No one who testified 
upon the Inquiry suggested that her qualifications 
were insufficient to justify that classification 
under The Child Welfare Act and the Regulations made 
thereunder. 

The true worth of Mrs. Lo ' s qualifications 
as a social worker in the field of child welfare was 
sadly illustrated by the testimony. 

Mr. Khattab was another who might very well 
have been entitled to ask to be classified as a 
Social Worker I or even higher if he had been em- 
ployed by the Society. But clearly his qualification 
in the area of child welfare was terribly lacking. 



1361 



He was not aware of rather elementary facets of child 
abuse. He was not aware of the expression "battered 
baby syndrome." 

But each of Mrs. Lo and Mr. Khattab was 
equally entitled with any of the highly educated, 
trained and experienced other witnesses to be classi- 
fied as a Social Worker if employed by a children's 
aid society. Only the numeric suffix and possibility 
of promotion to supervisory positions might vary. 

Nowhere in the legislation or regulations 
is there any requirement that matters of difficulty 
and complexity, such as child abuse was shown to be, 
must be assigned by children's aid societies to 
workers of particular qualifications. But every 
witness who addressed the subject spoke of the need 
for specially trained and experienced workers in all 
phases of child abuse cases. 

Kim's. case was assigned to Mrs. Lo . The 
assignment was criticized as inappropriate or unwise, 
but no one suggested that it in any way was a breach 
of The Child Welfare Act or the Regulations there- 
under. Conceivably Kim's case might just as easily 
have been assigned to someone with even less 
qualification than Mrs. Lo. That someone could be a 
social worker classified by the Society as a Social 
Work Assistant. The only qualifications for that 
classification was successful completion of Grade 13 
in Ontario or its equivalent as determined by the 
Minister or employment as a social worker in a 
children's aid society for at least one year 
immediately before January 1, 1966. 

The situation under The Child Welfare Act, 
1978 is not much changed. 

I appreciate that the recommendation I am 
about to make may very well have implications beyond 
the field of child abuse and indeed even beyond child 
welfare. However I see no reason why the recom- 
mendation cannot be implemented at least in relation 
to child welfare and the application of the Child 
Welfare Act as it now stands. 

It is appropriate for me to set forth some 
extracts from Dr. Turner's testimony. No testimony 
was led to challenge the validity of Dr. Turner's 



1362 



view. In my opinion Mrs. Lo ' s involvement in Kim's 
case provided a demonstration of what concerned Dr. 
Turner. That demonstration related specifically to 
The Child Welf a re Act . I think Mr. Khattab's in- 
volvement provided a further demonstration of that 
concern beyond the scope of The Child Welfare Act . 

Dr. Turner expressed his concern very early 
in his testimony. That expression began when he was 
asked, in effect, what might have been expected of "a 
reasonably intelligent, diligent social worker" 
confronted by the situation as Mrs. Saul was on June 
17, 1975. I now set forth his response to that and 
the following series of questions: 

"A. Well Your Honour, one of the 
difficulties I have in responding to Mr. 
McRae's question is this whole question of 
what do we mean by a social worker and I 
don't know whether it is appropriate for me 
to comment on that or not. It is one of 
the difficulties we have in a case like 
this because we have the public use of the 
term, social worker, which tends to get 
used... with anyone who is carrying out a 
function like this and my own perception of 
who or what is a social worker is a little 
more restricted and I don't - I think I 
should be clear on which context you would 
want me to respond to that. 

Q. Well that was... 

A. The other adjectives you added, I could 
put myself in that framework if it is 
someone who happens to be employed by a 
Children's Aid Society, it may or may not 
fit my concept of... 

Q. I understand your problem because there 
is no such thing as a professional quali- 
fication for a social worker. Is that what 
you're saying? 

A. Well there are professional qualifi- 
cations - very stringent ones Mr. McRae, 
but in the province, there is no 
legislation restricting use of the term or 
the title and because of this, it 



1363 



certainly, with the press we've had that 
difficulty before because people have been 
used and it's certainly of great concern to 
our profession that there isn't more 
restricted use of the term. I think it 
would help us in some of these situations. 

Q. Yes. You think that there should be 
professional qualifications laid down and 
there should be some method of controlling 
who gets into the social work field so that 
people have a certain minimum qualification 
before. . . 

A. Oh yes, very much so, I think it has 
long been an aspiration. 

Q. Sir, would you like. .is this an 
opportune time for you to sort of elaborate 
on what you think should be done in that 
regard or would you rather do that later? 

A. As you wish, I can do it now. 

Q. All right. We can start with that 
then. 

A. Well because of this very problem that 
we're facing in this case and indeed in 
similar cases are the Professional 
Association of Ontario as has taken place 
in virtually every other province in Canada 
has aspired to at least some type of 
registration act although many of us now 
consider that even that might be insuf- 
ficient and that we should really seek 
licensing of the profession. There was. 
Your Honour, within the profession some 
struggle as to whether we should only seek 
registration or whether to ask for 
licensing and . . . 

Q. Registration for some people. 

A. The control of title at least. At 
least there would be some restraints put on 
the use of the title. I think in view of 
the demands on the profession over the last 
decade, that most of us would now pursue 



1364 



the licensing which indeed I think some 
eight or ten States in the United States 
now have licensing boards and licensed Acts 
that provide for licenses. 

Q. So that you have to have a certain 
educational background and pass qualifying 
examinations? 

A. That's right. 

Q. The same as for other professionals 
such as medicine, law... 

A. Yes and we do have a strong pro- 
fessional body within the province but it 
has no status within the... except the 
status as a private corporation I would 
presume it to be. So that we are very firm 
on these minimum requirements for member- 
ship into professional associations but 
this of course does not exclude people from 
using the title. 

Q. Right. And that would be some control 
and certainly prevent lessly qualified 
people getting into positions of 
responsibility. 

A. Yes and I think I'm not saying that 
there are not positions in our field. It's 
a very broad field and there are people 
with lesser qualifications shouldn't be 
used but I think we would be clear then in 
the responsibilities we lay on some of 
these people. So someone in and I'm not 
sure of the qualifications of this person 
right now and perhaps you could help me but 
I think we wouldn't then be asking them to 
make some of the decisions that are 
necessary in a field such as child 
protection. 

Q. Well, I take it then that there is a 
sort of a trend or a movement in that 
direction already. Ten American States 
and 

A. Yes. 



1365 



Q, ...a movement here in Canada towards 
that. 

A. Yes. 

Q, Do you foresee that coming to fruition 
here in Ontario? At least registration? 

A. I think so. I think that we're.. .if 
I'm correct, we're at least in the drafting 
stage of legislation with inevitable back- 
ground work that's required in that. It's 
further complicated though and I believe 
that there are formal definitions of Social 
Worker 1, 2 and 3 in different Ontario 
government ministries. I believe the 
Community Social & Family... the Community.. 
I'm sorry it's a name that escapes me. 

HIS HONOUR: Community and Social Services. 

A. Yes that's it. We changed it to 
Community and Social Services. Thank you. 

Q. Stick with the ministry, it's easier. 

A. COMSOC is what we call it. 

Q. Ministry of Community and Social 
Services. 

A. Yes, Ministry of Community and Social 
Services had identified Social Worker 1, 2 
and 3 of the Children's Aid Society have 
done this. I know in the Probation 
Services, there are job classifications 
that use the term social worker, which 
again further complicates this matter. 
Many agencies, private agencies do have job 
classifications which usually stated some 
type of minimum criteria by which people 
are assigned to these positions but they 
are really assignments of tasks rather than 
positions that are based on a set of 
training or examiantion. 

Q. Right well there are minimum qualifi- 
cations not set out in the regulations of 



1366 



the Child Welfare Act and that's what 
you're referring to. 

A. Yes, 

Q, All right so. . . 

A. I'm sorry. I didn't mean to divert. 

Q. No but your basic point is that there 
should be further prof ess ional izat ion of 
social worker and certainly registration at 
the very least. . . 

A. Yes. 

Q. ...of the names so there is no 
confusion and that that would be a safe- 
guard preventing inexperienced or people 
without proper qualifications getting into 
situations of responsibility which they 
weren't able to handle. 

A. Yes and then it gives us I think, us, 
by that I mean the professional body some 
internal sanctions that I think are so 
necessary where a thing may not be 
necessarily been w i thou t ... out s ide the 
bonds of the law but one would not accept 
it as approved professional practice and at 
least one could take the necessary internal 
discipline that any professional body has 
to deal with these I don't think I'm in no 
way suggesting that that would result 
in... that situations like this would not 
happen but I think at least it means there 
could be some preventative work to try and 
see that they don't happen so frequently." 

At a later time he suggested that legis- 
lation of the sort he contemplated might helpfully 
contain provisions to overcome situations such as Mr. 
Carter encountered when Mr. Higgins issued his 
direction to Mr. Carter. Dr. Turner suggested the 
legislation might specifically empower a social 
worker, truly engaged in that profession, to obtain 
information from persons with whom he or she is work- 
ing in the practice of the profession, that is his or 
her clients, and grant to those clients privilege in 



1367 



relation to that information not unlike solicitor- 
client privilege. Dr. Turner felt that would enable 
the social worker to obtain information necessary or 
useful in managing the case without in any way 
exposing the clients to the risk of such information 
being used against them in other proceedings, such as 
under section 40 of Th e _C h i^ J^d _We l_£a r e _Ac t . Dr. 
Turner recognized that the Legislative Assembly would 
not lightly create that sort of privilege and likely 
would do so only if social work was truly a 
profession practiced by qualified persons acting with 
professional responsibility and control. 

And again, as Dr. Turner responded to 
counsel's request that he set forth his views as to 
any recommendations I might make in this Report, he 
expressed himself as follows: 

"Certainly the constant thing for me is the 
question of competence ... the question of 
what is it society expects of the people 
that are put in charge of these situations 
in view of the necessary knowledge and 
skills to carry out these things and this 
is certainly a resource question and 
obviously Children's Aid Societies are 
faced with this all the time. We know how 
much we don't know about this new 
phenomenon, at least this phenomenon of 
these very violent child abuse cases. 
We don't really know whether in fact it's 
the frequency of these cases has changed a 
great deal. There does seem to be some 
indication though that the dramatic 
violence that we have seen in many of these 
cases is on the upsv;ing. Although I know 
there are people who would challenge it but 
nevertheless we cannot take risks in 
society and we must make sure that people 
who carry these responsibilities have the 
full availability of the knowledge and 
skill and the research that's available to 
them. 

Now, I'm sure it could only appear to be 
some kind of vested interest that I would 
think that every person carrying a social 
work function in Ontario should have a 
Masters or a Doctorate" degree in social 
work but I think we can indeed do better 



1368 



than we have done in setting out some basic 
requirements and making sure that people 
meet them. At the same time, I think we 
must not only hold agencies and societies 
responsible, I think there are times when 
we must hold individuals responsible and 
that's why I spoke so strongly about the 
need for control of social workers so that 
when they are good, they will be recognized 
as good but when they are bad, that 
sanctions can be taken that will ensure 
that it not happen again. 

I don't know to what extent Children's Aid 
Societies have made use of the knowledge 
that is available. There is a rich 
literature now developing in the whole 
field of child abuse, I don't know for 
example in this case, for example, did the 
Agency Library have the basic texts on 
child abuse? Did it make use of these? 
There are training programs available 
through some of the American agencies but I 
know our own province has the use of them 
and in fact is using them that help 
agencies with less than fully trained 
people to upgrade themselves. 
Neither do fully trained people always have 
the. . .but fully qualified I should say... 
people with graduate degrees in profession- 
al training, always have the knowledge that 
is necessary and I think from time to time, 
we who are in the educational part of 
training professionals should be reminded 
that it's important that everyone who 
graduates from a Faculty of Social Work for 
example should be at least minimally 
acquainted with this field and not that 
when they are in positions, then that they 
can follow up on the knowledge that's 
available. The theme that we've just 
addressed is probably the most critical one 
and that is this question of how can this 
very complex yet very exciting network of 
helping agencies learn to work together in 
a way that maximizes that with all the 
knowledge and skill we have available, that 
it will be made use of for the good of the 
client. " 



1369 



Later Dr. Turner spoke of the need for 
continuing education and in-service training to build 
on the basic professional competence achieved 
earlier. He spoke of the need for each children's 
aid society to maintain an adequate working library 
for its personnel who too have an obligation to keep 
themselves current in practice and procedure and to 
maintain personal libraries. 

I am entirely sympathetic to and supportive 
of Dr. Turner's views. Because of the nature of the 
Inquiry the following recommendation is limited in 
its application to child care and child welfare 
within the field of social work. The recommendation 
however might very well be found to be capable of 
application to other distinct areas of social work 
regulated or controlled by or under other 
legislation. 

51, I RECOMMEN D THAT the Ministry 

seek .ame ndme nt of the Ch il d 
Welfare Act and the Regul at ions 
thereunde r to provide that, for 
the purposes thereof ^ social work 
is a profession to be practiced 
only by persons possessing 
su itable academic qualifications 
and membership in a professional 
associat ion to be created under 
the statute and to possess powers 
to regul at e the practice of the 
prof ess ion including appropriate 
powers to establ ish standards of 
qualification for membership, 
competence and ethics and to 
impose penal t ies for failure to 
maintain qualification, for 
incompetence or for breach of 
ethics. Only members of the 
prof ess ion shall be e nt it 1 ed to 
be classified as social workers 
for the purposes of the Child 
Welfare Act . 



1370 



RECOMMENDATION #52 and #53 

I see no reason why persons newly entering 
the field of child welfare should not be required to 
have successfully completed a course in social work 
at a school of social work that is a meraber of the 
National Committee of Canadian Schools of Social Work 
of the Association of Universities and Colleges of 
Canada. 

The testimony as to varying tolerances of 
conduct in various parts even of Canada and of the 
world and Mr. Khattab's testimony as to his 
impressive academic qualifications and yet as to his 
lack of knowledge of child abuse satisfy me that, in 
instances of child abuse at least, if not in all 
areas of child welfare, education related to 
circumstances in Canada is essential. 

Provision should be made in the legislation 
to furnish some security to persons who have served 
children's aid societies in the past and have been 
classified as social workers by reason of lesser 
educational qualifications accompanied by years of 
experience in social work. 

However mere years of experience provide no 
measure of a person's knowledge and skill in social 
work. Conceivably a person employed by a society for 
years and given the title "social worker" may really 
have been doing purely clerical functions not unlike 
the so-called "review unit", which received reports 
to the Central Registry, was doing for the Ministry. 
That should not entitle that person automatically to 
the right and privilege of membership in the 
profession. 

Therefore, any such provision should be 
subject to anyone benefitting therefrom being re- 
quired to attend and successfully complete in-service 
training courses to be provided under the direction 
and guidance of the professional association and 
subject to the approval of the Minister. 

In the same vein anyone who is a member of 
the professional association should be required to 
maintain his or her qualification for such membership 
by attending and successfully completing in-service 
training courses similarly provided under the 



1371 



direction and guidance of the professional associ- 
ation and subject to the approval of the Minister, 

In the light of the testimony as to the 
serious ^^iew that is taken of child abuse and of the 
difficulties, complexities and subtleties thereof 
provision should be made to the effect that only 
social workers who have successfully completed 
special courses upon child abuse similarly provided 
and approved by the professional association and the 
Ministry shall be assigned responsibility for the 
management of cases of child abuse. 

It may very well be that some societies do 
not have any social worker so qualified to manage 
cases of child abuse. If so, the Ministry should 
have an overriding duty and authority to provide such 
assistance, advice and supervision as may be 
necessary to ensure the proper management of cases of 
child abuse arising in the areas served by such 
societies. To maintain a degree of equity among the 
societies and to prevent any abuse of this provision 
the Ministry should be empowered, in the Minister's 
discretion, to impose fair charges for any such 
assistance, advice or supervision. 

In my view the establishment of social work 
as a profession, at least in the area of child care 
and child welfare, will help to ensure that the 
safety and protection of children is not entrusted to 
unqualified persons. Our children are too valuable 
in every sense to have their welfare and care 
entrusted to anyone who is not qualified. 



52. 



I THEREFORE RECOMMEND THAT the 
Ministry seek amendment of the 
Child Welfare Ac t and the Regu- 
lations made thereunder to 
provide ; 

i. that all persons entering the 
prof ess ion of social work for the 
purposes of child welfare after a 
date to be fixed by the Minister 
shall have successfully completed 
a course in social work at a 
school of social work that is a 
member of the Nat ional Commit t ee 
of Canadian Schools of Social 
Work of the Association of 



1372 



Universities and Colleges of 
Canada ; 

2, that persons who have served 
children's aid societies as 
social worker s since a date to be 
fixed by the Minister shall be 
entitled to continue to do so 
provided they successfully 
complete courses as required or 
presc ribed by the governing body 
of the pro f ess ion and approved by 
the Minister ; 

3, that members of the prof ess ion 
maintain satisfactory standards 
by successfully completing 
courses or examinations 
prescribed from time to time by 
the governing body of the 
profession and approved by the 
Minister , 



1373 



RECOMMENDATION #53 

53, I FURTHER RECOMMEND THAT the 

pract ices and procedure s of each 
children's aid society provide 
that cases of abuse shall be 
assigned only to a worker or 
workers who have successfully 
completed special courses upon 
abuse prescr ibed by the governing 
body of the profession and 
approved by the Minister, If no 
such worker is on the staff of 
the society it shall seek and 
receive appropriate assistance 
from the Ministry , 



1374 



RECOMMENDATIONS #54 and #55 

There was testimony upon the Inquiry that 
in some situations decisions in child welfare cases 
might be affected by financial considerations. 

It was apparent that financial matters were 
important to the Society and to Mr. Lovatt. There 
was no solid evidence that any decision in the 
management of Kim's case was affected by financial 
considerations. But there were so many bits or 
pieces of testimony that there was an intangible web 
suggestive of a relationship between the availability 
of funds and decisions and actions in Kim's case. 

There was the insistence that Kim's case be 
opened as of August 31, 1975 "for statistical 
purposes," to use Mrs. Harvey's words. 

There was the reference to the preparation 
of records by some children's aid societies whereby 
they benefitted more than other societies, including 
the Society. 

There was the reference to calculation of 
provincial funding being more generous to children's 
aid societies for some types of service than for 
other types, such as programmes to prevent abuse. 

There were the memoranda from the Ministry 
to all children's aid societies suggesting they 
review their criteria for taking children into care 
and keeping them in care to enable compliance with 
the fiscal restraint programme imposed on and by the 
Ministry . 

There was the reference to the Society 
being unable to employ sufficient workers because of 
financial limitations. 

There was the reference to the Society not 
being allowed funds to obtain legal services. 

There was the testimony that the Society 
was without basic office supplies or materials for 
its workers in the spring of 1978 and that lack was 
attributed to the absence of money. 



1375 



It is unthinkable that any children's aid 
society or social worker worthy of that designation, 
even in the very loose sense deplored by Dr. Turner, 
would deliberately permit or make any decision 
adverse to the best interests of a child solely 
because money was apparently not available. Any 
employee of the Society who was asked a question 
about such a possibility in Kim's case, denied that 
any decision in her case was made on the basis of 
the absence or availability of funds. 

I have accepted those denials, but there 
remains the nagging concern that, perhaps only 
subliminally, there may have been decisions unduly 
influenced by financial considerations. 

It is self-evident that in child welfare, 
particularly in cases of children who are in need of 
protection by reason of abuse, decisions that are or 
have a high risk of being contrary to the best 
interests of the children should not be made for any 
reason. Kim's was a case where some such 
indefensible decisions were made. They would be re- 
prehensible and dishonourable if matters of finances 
had influenced the consideration of any issue and the 
decision resulting therefrom. 

Full and proper observance of the re- 
quirement that each decision upon a case of abuse be 
preceded by a conference of the child abuse team and 
the appropriate support personnel and that a proper 
permanent record of the proceedings at such 
conference be maintained should serve to minimize the 
possibility of errors of judgement and certainly 
errors based on improper grounds, such as scarcity of 
funds . 

Because of the financial concerns of the 
Society and its personnel expressed or discussed 
during the Inquiry I deem it advisable to state the 
obvious in the next two recommendations. 

54, I RECOMMEND THAT the Ministry , in 

clear and unequivocal written 
language understandable to 
eve ry one , even those who have no 
exper ience in writing, reading or 
understanding official documents , 
affirm to children's aid 



1376 



I 



societies and their boards of 
directors, local directors and 
social workers that, in the 
planning for and the manag erne nt 
and treatment of any case of 
abuse, no major decision is to be 
made on the basis of the 
society's financial position. 
The decision to apprehend the 
child or to leave him or her in 
the family home and the decision 
to retain the child in the 
physical control of the society 
or to return him or her to the 
family, with or without super- 
vision, would certainly be major 
decisions , The child's very life 
depends upon each of those 
decis ions . The Ministry should 
equally clearly state its 
w ill ing ness to give favourable 
cons ide rat io n to requests for 
additional funds to support 
correct decisions which might 
otherwise over-tax a society's 
f inane ial resources , 



1377 



RECOMMENDATION #55 

5 5, By way of extension to the 

immediately preceding recom- 
mendation I RECOMMEND THAT each 
child ren' s aid soc iety , again in 
similarly clear and unequivocal 
wr itten 1 anguag e , inform all of 
its social workers of the 
Ministry's affirmation of that 
position and the society's 
intention to adhere thereto , 



1378 



RECOMMENDATION #56 

I regard the next recommendation as an 
example of how the Ministry must assert and 
acknowledge its overriding responsibility for the 
protection and care of all children in Ontario 
pursuant to the legislation. 

Throughout the Inquiry witnesses in oral 
testimony or by reference to literature emphasized 
the right and the need of every child in Ontario to 
an equal standard of facilities for care and 
protection regardless of the location of his or her 
home in Ontario. However it was generally recognized 
that many factors combined to make it difficult, if 
not impossible to achieve such equality. 

Some of the factors mentioned in testimony 
have, in my view, greater validity or impact than 
others. Mr. Lovatt spoke of the problem the Society 
had experienced in trying to employ highly qualified 
social workers. He related that difficulty to the 
absence of a university in the City of Sarnia or 
County of Lambton. Subject only to changes brought 
about by developments of wider economic effect since 
Mr. Lovatt left the Society, that claim would appear 
to have had little validity. 

Others spoke of the ability of children's 
aid societies in larger centres to employ and develop 
social workers with specialist skills. That ability 
was related to the correspondingly greater size of 
such societies and thus the greater demand for the 
services of specialists. In the light of the 
testimony as to the few cases of abuse dealt with by 
the Society during the years of and about Kim's 
lifetime, that testimony would appear to have 
considerable validity. 

Apart from conduct of prevention programmes 
one who was or hoped to be a social worker 
specializing in cases of abuse would not likely find 
in a children's aid society such as the Society 
enough instances of abuse to enable full development 
or use of specialist skills. 

However, even as I write that, I hark back 
to Mr. Zwerver's testimony to the effect that, in the 
spring of 1978, he could not assure the Board of 



1379 



Directors of the Society that there was no other case 
such as Kim's somewhere in the Society's system. I 
also hark back to the testimony of others as to the 
general frailty of the statistical base for any study 
as to the incidence of abuse in Ontario and 
elsewhere. Thus the validity of the testimony as to 
problems of hiring specialists in the handling of 
cases of child abuse may be subject to question. 

However, be that as it may, I am satisfied 
that in fact there are disparities in the standards 
of protective service immediately available to 
children in various parts of Ontario. That is not 
unexpected. Disparities in service are not confined 
to protective service. One need only read 
newspapers, watch television or listen to radio to 
recognize that. I think of the instances in which 
children from all parts of Ontario, near to or far 
from Toronto, are brought by helicopter or other 
ambulance to receive treatment and care at the 
Hospital for Sick Children in Toronto. Presumably 
such treatment and attention are not available in 
their own communities. We all realize that a 
hospital such as the Hospital for Sick Children 
cannot be established and maintained in every part of 
Ontario. The same applies to persons who are 
similarly transported considerable distances to 
larger centres for treatment or attention not 
available in their local communities. 

But disparities are not confined only to 
protection of children or health. They exist in 
every phase of life. People often must make personal 
decisions based on a consideration and evaluation of 
those disparities. One may decide to establish his 
home in a small town because he feels the advantages 
of such a location outweigh, for him and his family, 
the advantage of the large city. Another may make a 
different decision. 

Disparity in service should not mean 
disadvantage . 

In my view the full and proper performance 
by the Ministry of its duties under the Child Welfare 
Act will prevent any disadvantage and will ensure 
that any child in Ontario in need of protection will 
receive protection and that it will be in keeping 



1380 



with standards then currently provided across 
Ontario. 

While the larger children's aid societies 
may require their own specialist workers and facili- 
ties to meet the needs and demands of their own 
communities, the Ministry must have, on its own staff 
or readily available, specialist workers and 
facilities to advise, supplement, support and 
generally assist those societies in communities which 
do not have service demands or needs sufficient to 
justify the employment, or perhaps even the 
availability of specialists and facilities locally. 
In this regard I liken the Ministry's employment or 
retainer of such personnel and facilities to its 
employment of specialists to assist local children's 
aid societies in investigation and other phases of 
cases of child abuse, a matter I have discussed 
elsewhere in this Chapter. 

The sixteenth recommendation in the Garber 
Report was: 

"16. That all abused children have equal 
access to places of safety for acute care, 
and equal access to regional places of 
safety for chronic or specialized care." 

I endorse that recommendation and believe 
it to be entirely within the capabilities of every 
children's aid society in Ontario with the proper 
support, advice and assistance of the Ministry. 

56. I RECOMMEND THAT the Ministry 

ensure that no child who has been 
abused or is in danger of abuse 
be at a disadvantage in relation 
to protect ion and care by reason 
of the location of that child 
anywhere in Ontario, The 

Ministry should ensure that each 
children's aid society have or 
have readily availabl e to it the 
personnel and facilities to en- 
sure that the child is not at any 
such d isadvantage , If local con- 
ditions make it unreasonable for 
a children' s aid society to have 
such personnel and facilities or 



1381 



to have them readily available, 
the Ministry mu st provide such 
personnel and facilities or make 
them ava ilahle for the child, but 
they need not be in the same 
community as the child's home. 



1382 



RECOMMENDATION #57 

The testimony upon the Inquiry illustrated 
the inadequacy of the leadership provided to the 
staff of the Society by Mr. Lovatt and Mrs. Harvey. 
Whatever qualifications Mr. Lovatt might have been 
felt to possess to merit his appointment as Local 
Director of the Society in 1968 were acquired 
primarily during his service as a social worker and 
supervisor with the Society. It was during that 
period in his career that he was granted the degree 
of Bachelor of Social Work by the University of 
Toronto in 1963. He also took courses in basic child 
welfare, provided by the Ontario Provincial 
Government, as well as a supervisory course and an 
administrative course, provided by the Child Welfare 
Branch and the Ontario Association of Children's Aid 
Societies. As I understood his testimony all of his 
practical experience in social work and child welfare 
was as an employee of the Society. 

Mrs. Harvey's training and experience 
appear to have been more varied. She was granted a 
degree of Bachelor of Arts by McMaster University in 
1945 and worked with a children's aid society else- 
where in Ontario in 1945 and 1946. She worked for 
the Society in 1951 and 1952. In 1953 she received 
the degree of Master of Social Work from Smith 
College, in Massachusetts. That degree resulted from 
a ten week course in social work with a nine month 
field placement supervised by the agency and the 
college followed by a thesis and a further ten weeks 
of training. After that her experience was varied, 
but until 1961 most of it was with private agencies 
in the United States of America. From 1961 to 1968 
Mrs. Harvey was not in the work force. In 1968 she 
was employed by Mr. Lovatt to be Supervisor of the 
Family Services Department of the Society. 

Thus, in a sense, all of Mrs. Harvey's 
current experience in child care was as an employee 
of the Society. There was no testimony that anyone 
other than Mr. Lovatt expressed any opinion as to her 
qualifications to be a Supervisor. There was no 
testimony that the Ministry had in any way commented 
upon her entitlement to that designation under the 
Regulations made under The Child Welfare Act. 



1383 



I gathered however that even senior of- 
ficials of the Ministry, including Mr. Macdonald and 
Mr. Charko, were not satisfied with the Ministry's 
contribution toward the education and training of 
persons for senior positions of management of 
children's aid societies as local directors and 
supervisors. 

Mr. Charko expressed concern about the 
training of local directors of children's aid 
societies in general and in relation to child abuse 
in particular. 

He said: 

"...The area of training and I think maybe 
this is something that the Ministry should 
do, more courses both on management and 
then the whole area of child abuse which we 
are trying to do this and there will be, we 
are doing special projects right now that 
we want to learn something more about child 
abuse, but there is a need I think for 
selection of the type of staff to deal with 
the child abuse situations..." 

Mr. Macdonald, in his own way, expressed a 
similar concern about the education and training of 
local directors. He enlarged the scope of his com- 
ment to include a corresponding concern in respect of 
the boards of directors of children's aid societies. 
In beginning his response to counsel's request that 
he give me the benefit of his recommendations arising 
from his observations of Kim's case and the Inquiry 
he said: 

"If I could concentrate on perhaps one area 
rather than trying to get into a variety of 
areas. My general recommendations related 
to that whole system perhaps are as much 
indications of what we have to do and what 
we are doing, and I think it's important 
knowing what we know now I think we have to 
do a great deal of work on the function and 
operation of boards of directors, on the 
relationship between local directors who 
take on program responsibility and boards 
of directors who take on the overall 
management and legal responsibility. I 



1384 



think we have to extend that to the 
professional responsibility of the front 
line supervisors, the middle management 
staff as well as the field worker, but I 
would think that it's important for us if 
we are going to keep on top, and that's 
very much what it is, keep on top of 
individual cases through the mechanisms 
that we have available; that we have to 
elaborate our training, education and 
supporting systems to the key people in 
describing the Act and that is the boards 
of directors and the local directors. I 
think much of the very technical and very 
specific legislation requirements, 
standards requirements, procedural 
requirements we're tackling right now in 
great detail and we're working with the 
societies, with the Legislature, with the 
supporting groups to move ahead in that 
area, and I think we must not forget the 
involvement and engagement of lay people, 
boards of directors and their direct 
employees in the process. I think that's 
really -- 

Q. What you're saying is better communi- 
cation between the local boards and the 
staff? 

A. I think it's more than better communi- 
cation, it's training in how to be a board 
member and training in what that responsi- 
bility is. 

Q. That would be part of it though? 

A. That would be very much a part of it. 
It's training a local director in how to 
work with his board and his responsibili- 
ties in response to that board, and it's 
more than simply communication, it's real 
skills that are required of the lay person 
and the director in the management of the 
enterprise. " 

I accept the tenor of such testimony that 
persons who are to assume positions of responsibility 
in children's aid societies require specialized 



1385 



training to enable them to fulfill their obligations. 
I think it is reasonable to assume that not every 
person who is capable, by reason of education, train- 
ing and experience, to be a social worker functioning 
under or with the assistance of supervisors or a 
local director of a children's aid society, possesses 
corresponding aptitudes and skills and experience to 
enable him or her to perform the supervisory and 
administrative duties of a supervisor or local 
director. 



57 , 



I RECOMMEND THAT the Ministry 
establ ish and mainta in , poss ibly 
in co-operation with the Ontario 
Association of Children's Aid 
Societies , an ongoing prog ramme 
to select and train social 
workers who may aspire to 
positions of responsibility as 
supervisors or local directors of 
children's aid societies. 
Successful completion of any 
course developed and presented as 
part of such a prog ramme should 
be required of anyone seeking 
appointment to or employment in 
such a position. As mentioned 
elsewhe re among these recommen- 
d a t i o n s in other areas the 
programme should contain pro- 
vision for facilities to enable 
persons who have achieved such 
positions to keep themselves 
aware of new or current develop- 
ments and trends in relation 
thereto. The local children's 
aid soc let ies should be assisted 
and encouraged by the Ministry in 
making it possible for appropri- 
ate members of their personnel to 
attend such cousses. 



1386 



RECOMMENDATION #58 

There was extensive testimony upon the 
Inquiry as to the need for the Ministry to set 
standards to be the minimum standards of the services 
to be provided by children's aid societies in the 
various areas of child welfare and child care. 

It seemed that each witness who in any way 
discussed the matter of delivery of services by 
children's aid societies to children and families 
deplored the absence of standards against which the 
performance of individual societies and workers might 
be measured. 

That absence of standards or the deficien- 
cies of such standards as were in existence was not a 
phenomenon unnoticed before this Inquiry. Others in 
a variety of studies and reports had commented there- 
on and urged the Ministry to establish and publish 
standards for use by children's aid societies in 
their various fields of service. 

Personnel of the Ministry were well aware 
of those earlier recommendations, some of which were 
made years before Kim's birth. 

Witnesses upon the Inquiry who were in the 
employ of the Ministry appeared to bristle at any 
suggestion that the Ministry had done nothing in 
response to such recommendations. Some went into 
some detail to explain what the Ministry had 
accomplished, but, when one sifted through all the 
words and sought a document produced prior to Kim's 
death to set forth any such standards in respect of 
child abuse cases, nothing of any substance was 
forthcoming other than the 1976 publication by the 
Ontario Association of Children's Aid Societies. 

To be sure in 1978 work in that direction 
was getting underway. The Garber Report had raised 
the issue again in 1978. In 1977 a Standards and 
Information Branch had been formed in the Ministry. 

I understand from the testimony upon the 
Inquiry that the Ministry hoped to publish standards 
of service in respect of child abuse and I have since 
been made aware that publication of a manual contain- 
ing such standards was in fact achieved in February 



1387 



or March, 1980. It is to be hoped that the Ministry 
will perform its announced intention to keep the 
manual current and in conformity with legislative and 
regulatory amendments and developments of practices 
and procedures in the field. 

That may be another area in respect of 
which the Minister may wish to make inquiries from 
time to time to ascertain if that declared intention 
is being fulfilled by the Ministry. 

Preparation of standards cannot be viewed 
as a task which is fully performed with the first 
issue thereof. It was clear that practices and 
procedures change and develop over time. That comes 
as much or more from field experience as from 
amendment or judicial interpretation of legislation 
and regulations. Thus it is imperative that 
standards when published be reviewed in the light of 
developments and that appropriate amendments be made 
and published. 

However the preparation of standards of 
service and explanatory or other material is not in 
itself sufficient. There must be adequate publi- 
cation and distribution of that material to every 
children's aid society and to every social worker 
employed by the children's aid societies. Insofar as 
those materials may require the involvement of 
persons or organizations other than children's aid 
societies and their employees, the regulatory bodies 
of other professions or disciplines and the 
associations of other organizations should be made 
aware of the materials, particularly the portions 
thereof applicable to such other professions or 
organizations. 

Then too there must be assurance that those 
in the children's aid societies to whom the materials 
are made available have read them and understood 
them. That latter should be the responsibility of 
each children's aid society in respect of all of its 
social workers. That may involve organized periods 
of in-service instruction. It will involve on-going 
review, particularly in relation to revisions of the 
material and changing circumstances. 

There must also be assurance that each 
children's aid society achieves a standard of service 



1388 



meeting or exceeding the requirements of the 
published standards. Only in that way will there be 
an approach to the uniformity of service across the 
Province of Ontario which is the goal desired by 
everyone working upon cases of child abuse. 

That latter assurance can be gained only by 
adequate supervision, firstly of the individual 
social workers or teams of social workers by the 
supervisory personnel of each children's aid society 
and secondly of each children's aid society by the 
personnel of the Ministry. 



There was some testimony as 
desire for a means of accreditation of 
societies. It seems to me that 
supervision and inspection of the soc 
Ministry to ensure that the societies a 
services which meet or exceed the 
service prescribed by the Ministry and 
procedures and practices which meet 
requirements of the Ministry, is the 
system of accreditation by another body 



to a need or 
children's aid 
appr opr i a t e 
ieties by the 
re delivering 
standards of 
are following 
or exceed the 

equal of any 



In a sense I regard the societies and the 
Ontario Association of Children's Aid Societies as a 
vehicle of ensuring that the Ministry fulfills its 
duties and, conversely, I regard the Ministry as the 
vehicle to ensure that the societies fulfill their 
duties . 

Surely the well-managed societies will not 
stand quietly by and permit poorly managed societies 
to tarnish the image of all societies. Nor should 
the Ministry permit that to happen because it is the 
Ministry's duty to ensure that all of the societies 
fulfill their duties to an appropriate standard. 

In other areas of this Chapter, I have 
written of a system of accreditation of the 
societies. In so doing I was not contemplating the 
introduction of any system of accreditation other 
than assurance by the Ministry, by appropriate 
supervision and inspection of the societies, that the 
societies met or exceeded the standards of service, 
practice and procedure prescribed by the Ministry. 

I would trust that if the Ministry should 
fail to provide the necessary supervision and 



1389 



inspection the Ontario Association of Children's Aid 
Societies and persons such as the Farina Committee, 
Mr. Zwerver, Dr. Bates, Dr. Turner, Mr. McCabe and 
others would speak out loudly and clearly and would 
be heard by the Legislative Assembly of Ontario which 
would take the appropriate action. 

Mr. Mainville expressed his opinion, 
particularly in respect of cases of child abuse, when 
he said: 

"...Certainly I agree that it's very 
important that we should have some very 
clearly defined standards of services, not 
only in the area of child abuse but in 
other services as well, guidelines and 
procedures and in addition certainly there 
should be a much more effective monitoring 
system -- 

Q. — 

A. Internally within the Children's Aid 
Society and externally — 

Q. A more effective monitoring of child 
abuse cases? 

A. More effective monitoring of child 
abuse cases, specifically in terms of 
bringing together people from the Society 
with the Police Department, the medical 
authorities, before a decision is made on a 
child abuse case. 

Q. And externally as well? 

A. Well, when I mention externally I mean 
that the Society should consult with other 
bodies of authority within the Community. 

Q. The Police, Probation Services and 
County Health Unit? 

A . Ye s . 

Q. What about further assistance from the 
Ministry specifically in child abuse 
cases? 



1390 



A. Well, I think it's the Ministry's 
responsibility to develop standards of 
services in consultation with the 
children's aid societies to ensure that 
effective guidelines and procedures are 
adopted by individual societies and to set 
in place some raechanism whereby they could 
effectively monitor the service that is 
being provided in child abuse cases. 

Q. Have you any suggestions how they could 
do that? 

A. No, I think those are the kinds of 
issues that people are concerned about and 
need to address very specifically...." 

When Mr. Zwerver was asked for any recom- 
mendations he might care to make in respect of cases 
of child abuse or in respect of the operation of 
children's aid societies he said, with acknowledgment 
that he might duplicate those of other witnesses and 
those in the Garber Report: 

"...My first recommendation would be that 
the Ministry along with the Ontario 
Association of Children's Aid Societies, 
develop clear standards of service for all 
children's aid societies in order that 
there can be greater consistency of service 
to families and children across the 
province. These standards and their 
accompanying guidelines must also clearly 
spell out the coordinating and audit 
functions of the Ministry, the role of the 
local community in the operation of the 
children's aid society in order to 
eliminate any role confusion that might 
presently exist. In this way service can 
be more effectively evaluated and the many 
issues around funding can be more readily 
resolved. Decisions about funding can then 
be based on identified needs and the local 
agency's ability or lack of ability to meet 
those needs ..." 

Mr. Allen in his testimony, part of which 
is set forth in an earlier part of these recommen- 
dations, had expressed the need for monitoring of the 



1391 



children's aid societies by the Ministry to ensure 
compliance with the Ministry's requirements as to 
procedures and practices, 

I am aware that the legislation enacted in 
1978 by paragraph h of subsection 2 of section 2 
imposed on the Director appointed by the Minister a 
duty to ensure that children's aid societies provide 
the standard of services and follow procedures and 
practices prescribed under subsection 3 of section 6. 
That latter provision requires the societies to pro- 
vide the standard of services and follow procedures 
and practices "that shall be prescribed by the 
Minister. " 

As I have written elsewhere I would hope 
the Ministry shall treat that as a statutory 
requirement that the Minister prescribe standards of 
service and procedures and practices. 

If the Ministry does not do so subsection 3 
of section 29 should be amended to force it to do so. 

55. J RECOMMEND THAT the Ministry 

cont inue its programme of es- 
tablishing standards to be met by 
children' s aid societies in all 
areas of service to children and 
families, particularly in 
relation to the protection of 
children from abuse. Those 
standards should be subject to 
ongoing study and rev is ion by the 
Ministry ' s personnel in the light 
of the exper ience of the Ministry 
and children' s aid soc let ies with 
those standards. The Ministry 
should affirm its desire and 
willingness to receive and 
consider comme nt upon its pre- 
viously published standards and 
recommendations with a view to 
revis ion thereof if necessary or 
desirable. The Ministry should 
ensure that copies of these 
standards are made available to 
every children's aid society and, 
through each children's aid 
society , to each social worker in 



1392 



the employ of that children' s aid 
society. The Ministry should 
maintain a service to ensure that 
every children's aid society and 
every social worker in the employ 
of the children's aid societies 
is advised of any rev is ion of the 
standards . The standards should 
be accompanied by explanatory and 
supporting material and, 
particularly for the supervisory 
employees of the children's aid 
societ ies f materials to be used 
by supervisory per sonnel during 
instruct ion or t ra ining of sub- 
ordinate personnel in relat ion to 
the standards , Each children's 
aid society shall ensure, by 
adequate inst ruct ion and training 
of its personnel in relation to 
the standards and by adequate 
supervis io n of the work of each 
of its social workers, that the 
standards of service established 
by the Ministry are met or 
exceeded. The Ministry in its 
turn shall ensure, by adequate 
supervision and inspection of 
each children' s aid soc iety , that 
such standards are met or 
exceeded. The Ministry shall 
furnish to the president and 
local director of each children's 
aid soc iety a written report upon 
any such supervision and 
inspect ion. 



1393 



RECOMMENDATION #59 

There was an abundance of testimony to 
indicate that there were great differences among 
children's aid societies in the bases or criteria 
used to establish that a case or report of child 
abuse was one to be recorded in the files of the 
particular children's aid society as being a case of 
child abuse or in respect of which any report was 
required to be made to the Ministry for any purpose, 
including the Central Registry. It was that lack of 
uniformity in recording and reporting which formed 
one basis for testimony as to the uncertain value of 
statistics as to the incidence of child abuse in all 
jurisdictions, including Ontario. 

This problem relates particularly to the 
effective function of the Central Registry both as a 
means of monitoring cases of child abuse and assist- 
ing local children's aid societies with any problems 
therein and as a. means of obtaining information from 
which accurate statistical material can be prepared. 

The testimony and the literature referred 
to upon the Inquiry suggest or state that there are 
no statistics which can be shown to be entirely 
reliable to indicate the full measure of child abuse 
in Ontario and elsewhere. 

One of the difficulties in seeking to 
determine the accuracy of particular statistical 
material is the absence of uniformity of terms and of 
standards of reporting. In this Inquiry that was 
stated to be one of the major difficulties of 
obtaining useful material from the Central Registry 
of Child Abuse informally established and maintained 
by the Ministry from 1966. 

Another difficulty mentioned was simply the 
difficulty of establishing to any satisfactory level 
of proof that a particular injury was caused by abuse 
and not by accident as claimed by the child's parent 
or parents. Witnesses upon the Inquiry and 
literature they mentioned questioned the reliability 
of statistics. The general view appeared to be that 
there were many more instances of abuse than the 
statistics would indicate. 



1394 



That position related to injuries as 
serious as those Kim suffered and which cause death 
as well as to less serious physical injuries and to 
other types of harm such as emotional damage which 
may be more serious and long-lasting than physical 
impairment. 

The very nature of child abuse and the 
statistics which are available explain the problems 
encountered by those who seek to establish any 
statistical base for their opinions. 

Parental abuse of a child often, or even 
usually, occurs in some private setting out of the 
sight or hearing of others. The abused child is 
usually under the age of three and so is too young to 
express any complaint to anyone. The abused child, 
by reason of fear of the abusing parent or some other 
emotional factor, may be unwilling to complain to 
anyone even if able to do so. For some reason, 
perhaps identifiable only by psychiatric or other 
examination of the child, the abused child may feel 
some sense of guilt and, thus, responsibility for the 
abuse he or she suffered. Sometimes, as in Kim's 
case, the abused child dies as a result of the abuse 
and so is unable to complain. 

The authors of the Garber Report set forth 
a recommendation as follows: 

"4. That guidelines for inclusion of data 
and diagnosis emphasize uniformity of 
reporting. Staff support at the Ministry 
should be made available to assure that the 
system now being formulated can be made 
operational and guidelines for record 
keeping by local children's aid society's 
be developed and standardized across the 
province. " 

Dr. Sohn in his testimony expressed the 
view that that recommendation related particularly to 
the operation of the Registry. He said the Ministry 
was preparing material which he felt would implement 
that recommendation at least in relation to the 
Central Registry. 

On the basis of the testimony as to good 
intentions of the Ministry which are not fulfilled 



1395 



for a variety of reasons, and thus, lest the 
recommendation of the Garber Report has not been 
implemented, I make the following recommendation. 

This is another recommendation written in 
full knowledge of the provisions of paragraph h of 
subsection 2 of section 2 and subsection 3 of section 
6 of the present Child Welfare Act . The full benefit 
of implementation of this recommendation will be 
achieved only if the Ministry regards the legislation 
as imposing upon the Minister, in mandatory terms, a 
duty to prescribe standards of service and practice 
and procedures and then a duty on the Director to 
ensure that the children's aid societies adhere 
thereto and comply therewith. 

If the Ministry interprets the legislation 
otherwise the legislation should be amended to 
achieve the desirable and necessary result. 

59. I RECO.MME N D THAT the Ministry 

ensure that the intent ion of the 
authors of the Garber Report as 
expressed in their recommendat ion 
numbered 4, be fulfilled and that 
standards be established^ kept 
current ^ published and enforced 
so that there will be uniformity 
in the bases and criteria 
employed by children's aid 
societ ies in prepar ing their own 
records in respect of child abuse 
cases or reports and in prepar ing 
reports thereon to the Ministry 
or other author it ies , 



1396 




RECOMMENDATION #60 

I have 
expressed concer 
generally and pro 

comply with the stdtututy auny t:o 
abuse to children or concerns for 
safety of children. 

The following recommendation is intended as 
a means of ensuring that all persons employed in or 
about public hospitals are aware of the statutory 
provisions and comply with them. 

During the Inquiry there was testimony and 
discussion alluding to procedures whereby hospitals 
received accreditation in recognition of their 
attainment and maintenance of defined standards of 
service and care. The details of those procedures 
were not examined. 

The Garber Report contained a recom- 
mendation based on its acceptance of the need for the 
formation and maintenance of multi-disciplinary teams 
to deal with child abuse and for the participation of 
medical and hospital personnel in the function of 
such teams. 

That recommendation also recognized the 
basic problem which, as I have noted, was encountered 
by everyone who had to decide what circumstances 
would justify or require any report to be made to a 
children's aid society or Crown attorney. 

However in the case of physicians, nurses 
and hospital personnel there is an added dimension to 
the basic problem. The testimony upon the Inquiry 
and literature referred to in testimony show that 
properly trained medical personnel may, upon 
observations made even prior to a child's birth and 
immediately after birth, form the opinion that a 
child may be a high risk child from birth or from 
discharge from hospital. 

It may be that the reference in section 41 
o f The Child Welfare Act to a child's "need for 
protection" as a basis for a report to a children's 
aid society or Crown attorney would require and 



1397 



justify medical personnel to make such a report 
immediately upon forming such an opinion. 

But there was testimony that professional 
opinions not supported by "hard" evidence of abuse, 
such as marks of physical injury, were not sufficient 
to satisfy the courts. The testimony was primarily 
directed to evidentiary problems in relation to 
opinions of social workers, not medical doctors, but 
some of the testimony was expressed more broadly. 
Similarly that testimony was not primarily related to 
any statutory duty to report, but it seems to me that 
anyone forming such an opinion, before the child and 
mother are released from hospital after the child's 
birth, would have some concern as to whether such an 
opinion would be sufficient to justify or require the 
person forming that opinion to make a report thereon 
to a children's aid society or Crown attorney. 

Accepting the validity of the testimony as 
to the ability of physicians to form such opinions 
with a satisfactory degree of accuracy, it would seem 
to me that it should be made clear to hospitals and 
physicians that an opinion formed even prior to the 
child's birth that the child from birth or discharge 
from hospital will be a high risk child is sufficient 
to require a report to be made to a children's aid 
society under The Child Welfare Act . Such an opinion 
would indicate the child's need for protection from 
birth. 

The basis for such an opinion is discussed 
in connection with recommendation number 48 in this 
Report. 

The recommendation in the Garber Report 
is: 

"11. That hospital accreditation 
procedures should include standards for 
reporting child abuse, and for partici- 
pation on multi-disciplinary child abuse 
teams . " 

I endorse that recommendation. Lest it has 
not yet been implemented, I make the following 
recommendation. 



1398 



60 . 



I RECOMME N D THAT the Ministry 
take all appropriate and 
necessary steps to ensure that 
accreditation of public hospitals 
will require or involve such 
hospitals to meet or exceed 
spec if ied standards for actions 
to be taken, procedures to be 
f allowed and reports to be made 
by the personnel of such 
hospitals, including medical 
practitioners enjoying any 
privilege therein, in any 
instance of abuse or suspicion of 
abuse or prof ess ional opinion of 
any of the hospital's personnel 
qualified to express such an 
opinion that the child, even from 
birth, will be a high risk child. 
Such actions and procedures shall 
include participation in the 
discussions and decisions of any 
multi-disciplinary team of 
persons formed or requested by a 
children' s aid society to assist 
in any phase of the investi- 
gation, manag ement or treatment 
of any case of child abuse. 



1399 



RECOMMENDATION #61 

As I have noted Dr. Bates and others who 
testified upon the Inquiry spoke of matters which 
might be regarded as indicating that a child may be a 
"high risk child" even from birth. Some of those 
factors would most likely be first noticed by the 
medical or hospital or public health personnel 
providing pre-natal care and then by those attending 
upon the birth of the child and then providing 
post-natal care. 

The factors might be rooted in one or other 
of the parents of the child. For example, he or she 
may be seen to be immature and incapable of providing 
appropriate care to the child. 

The factors may be rooted in other circum- 
stances in the home to which the parents intend to 
bring the child. For example, it may be that the 
home is occupied, or frequented by persons known to 
have abused other children. 

The factors may be rooted in the child. He 
or she may be suffering from some deformity or 
illness. He or she may be unwanted or may be wanted, 
but wanted for the wrong reasons. 

Medical and hospital personnel and public 
health nurses are likely to be among the first of any 
professional group to have contact with the new born 
child and the parents. 

In Kim's case The Lambton Health Unit did 
have reason to visit with and to advise Jennifer 
Popen even prior to Kim's birth. 

Dr. Jumean attended Jennifer Popen during 
her pregnancy with Kim. He attended Kim and Jennifer 
Popen after Kim's birth. 

Other medical and hospital personnel were 
involved in some elements of the lives of Jennifer 
Popen and Kim during that same time. 

I accept Dr. Bates' testimony that it is 
possible for medically trained and experienced 
persons to detect, accurately identify and correctly 
assess factors which may indicate that a child may be 



1400 



a high risk child, one more likely than most to be 
abused, even from birth or discharge from hospital 
after birth. 

Dr. Bates' testimony is supported by the 
writing of Doctors Fontana and Besharov in the work I 
have mentioned. They write of the need for careful 
supervision of the care of any newborn child who is 
determined to be in a high risk situation. They 
wrote as follows: 

"We must therefore develop child abuse 
preventive programs for the high risk 
population; the underprivileged; the handi- 
capped, the drug addicted; the alcoholics; 
the woefully immature and the unwed single 
parents. The encouraged participation of 
these parents in early preventive programs 
that offer human support services will 
ensure that quality of life for child and 
parents that will not incite parental 
misbehavior. " 

The success of any such programme will 
depend upon the co-operation of medical, hospital and 
public health personnel with children's aid societies 
and others who participate in the various teams or 
groups suggested by so many of the witnesses. 

It will be a co-operation initiated by the 
particular knowledge, skills, training and experience 
of physicians and nurses. It may go beyond the type 
of communication or report contemplated by section 41 
of The Child Welfare Act as it was in 1975 and 1976 
or even section 4 9 of The Child Welfare Act, 1978 . 
It will require agreement and acknowledgement that 
if, even without "hard" evidence of abuse or even 
without opportunity for a child to have been abused, 
a properly qualified person has formed the opinion 
that the child, even from birth, is a high-risk 
child, then the person forming that opinion must 
report thereon to a children's aid society and the 
children's aid society must then treat that report as 
it would treat any other report of information as to 
abuse of a child or a child's need for protection. 

This is, in part, related to what Dr. Bates 
and others, including apparently the authors of the 
Garber Report in the preamble to their twelfth 



1401 



recommendation, sensed as an evidentiary problem in 
court proceedings related to child abuse. They 
sensed that there was a tendency for courts to reject 
or not act upon the professional opinions of social 
workers and others not accompanied by "hard" evidence 
of injury to the child. 

With all due respect I would hope that Dr. 
Bates and the others are in error in arriving at that 
conclusion. In my view, assuming that the court has 
been satisfied as to the expertise of the witness 
presenting the opinion and that the testimony is not 
otherwise successfully attacked or discredited, the 
rules of evidence presently applicable would enable a 
court to admit such testimony and to act upon it in 
an appropriate case. 

61, I RECOMMEND THAT the Ministry ^ in 

co-operat ion with other appropr i- 
ate ministr ies of government , en- 
sure that phys ic ians and nurses, 
in private practice or in the 
employ of public hospitals or 
public health bodies, who provide 
care, whether pre-natal or post- 
natal or both, to mothers and 
children receive special training 
to enable them to detect, recog- 
nize and assess any matter which 
might indicate that any child, 
even a new-bo r n child, may be a 
" high-r isk" child. Hospitals and 
public health bodies should pro- 
vide in-serv ice training on such 
matters to doctors and nurses on 
their staffs or enjoying any 
privilege in their facilities to 
ensure that they remain current. 
Such t ra ining should emphasize 
that if a doctor or nurse, having 
recognized the presence of any 
such matter, should form the 
opinion that a child may be a 
" high- r is k" child he or s he is , 
by the Child Welfare Act , re- 
quired to report such opinion and 
the inf o rmat ion or observations 
on which it is based to a 
children' s aid soc iety , 



1402 



RECOMMENDATION #62 

There may be concern on the part of 
physicians and nurses, and their employers if they 
are on the staff of a public hospital or public 
health body, that any such report, based solely on a 
professional opinion without any hard evidence to 
supplement it, would not ensure that the provisions 
of the Child Welfare Act would be available to pro- 
tect the physician or nurse or employer from civil 
proceedings based on the making of the report. 

In my view the establishment and function 
within the public hospitals and health bodies of 
teams of doctors and nurses to deal with child abuse 
should remove the concern of individual practitioners 
and ensure the validity of any opinion expressed as 
to a child's need for protection even in the absence 
of "hard" evidence. 

There is no reason that this be restricted 
to reports in respect of new-born children. There 
may be factors present in an older child's life to 
indicate, without hard evidence, that he or she may 
be in need of protection. 

Any concern of doctors and nurses in 
respect of reports based solely on professional 
opinion should be allayed. In my view the Ministry 
is in a position to do that with the co-operation of 
other ministries of government. However, lest there 
be any lingering concern in the mind of any physician 
or nurse which might inhibit him or her from making a 
report based solely on opinion, the concern should be 
removed by legislative action. 

62, I RECOMMEND THAT the Child 

Welfare Act be amended to ensure 
that no action for making the re- 
port shall be instituted against 
any doctor or nurse who reports 
to a child ren' s aid society that 
in his or her opinion a child may 
be in need of protect ion although 
there is no "hard" evidence of 
abuse of the child or the child's 
need for protect ion^ provided the 
report is not made maliciously 
and the opinion is not expressed 
mal ic iousl y . 

1403 



RECOMMENDATION #63 

Another area of concern related to the 
absence of adequate lines of communication between 
the social workers of the Society and Mr. Lovatt, the 
Local Director, and the Board of Directors of the 
Society. The Farina Committee commented upon that 
lack. It was apparent from other testimony upon the 
Inquiry . 

One prominent example of that deficiency of 
communication, as well as of recording, was the 
disagreement which became evident in February, 1976 
when Police Constable Wyville, Police Constable 
Charlton, Mrs. Kirby and Mr. Carter visited Mrs. 
Harvey in her office to express concern about the 
suggestion, apparently bruited about in the Society, 
that Kim was to be returned to her home. The files 
of the Society do not record any of the events of 
that day. But neither Mrs. Kirby nor Mr. Carter, 
although they had strong opinions, went beyond Mrs. 
Harvey to express any concern to Mr. Lovatt. They 
seemed to think it was not appropriate to do so. 

There was some testimony to the effect that 
Kim's case was the subject of much discussion or 
rumour among personnel of the Society long before it 
came to the attention of the Board of Directors late 
in 1977. Clearly Mr. Carter and Mrs. Kirby had been 
concerned enough about the case in February, 1976 to 
approach Mrs. Harvey to express opposition to the 
belief somehow formed by them and Police Constable 
Wyville and Charlton that Kim might be returned to 
her parents. 

It was to my mind a serious reflection upon 
the administration of the Society that no one in the 
employ of the Society saw fit or felt free to raise 
the matter with Mr. Lovatt. It is an equally serious 
reflection upon the Society and its organization that 
no one in the employ of the Society or even outside 
of its employ, such as the two police officers, saw 
fit to mention any concern to the Board of Directors 
as a Board or to any individual member thereof with 
the hope that the Board would be informed and would 
then take appropriate action. 

To my mind the most telling testimony as to 
absence of lines of communication within the Society 



1404 



was that which revealed that until December, 1977 the 
Board of Directors of the Society was not aware that 
Kim was, by court order, in the custody and care of 
the Society when she died in August, 1976 as a result 
of abuse inflicted upon her. Apparently no one who 
knew anything about the case saw fit to mention it to 
the Board or to any member thereof during the inter- 
vening periods of about fifteen months. 

Maybe in one sense that was a microcosm of 
our society generally and its unwillingness to become 
involved in the affairs of others. Maybe it was not 
unlike the incidents in cases mentioned by witnesses 
wherein neighbours or others chose not to report to 
anyone upon observations of what might have been 
child abuse. Maybe it was simply an example of a 
tolerance of our society, perhaps something like the 
varying tolerance of different communities for 
conduct which is acceptable or is not acceptable. 

There was testimony too that even when 
Kim's case was raised at a meeting of the Board of 
Directors in December, 1977 some members of the staff 
of the Society who were there felt that the full and 
correct story was not told to the Board. But they 
remained silent, 

I am aware that it is necessary for super- 
visory personnel to make decisions which may not be 
well-received by subordinate personnel. Subordinate 
personnel should not be encouraged to appeal as it 
were every such decision regardless of its content or 
importance. But certainly if the subject matter is 
one of critical importance, whether to the welfare of 
one child such as Kim or to the overall operation of 
the children's aid society, the concerned employee 
should have a means of expressing disagreement with 
or concern about the decision with the hope that it 
will be received by a higher authority within the 
society. The board of directors of each children's 
aid society should ensure that such a means of 
expression is available to every employee to be used, 
hopefully, only in appropriate circumstances. The 
procedure should ensure that the subordinate staff 
member is not deterred by fear of reprisal and that 
the supervisory or managerial staff does not feel 
threatened when a particular decision is questioned. 
Ideally the subordinate and the supervisory employees 
would join in the request to the higher authority for 



1405 



review of the decision. Social work is not an exact 
science. Judgement is involved. No one person 
always has the correct answer to every problem. 

In my view insistence upon employment of 
the team approach in cases of child abuse should 
minimize the instances of decisions which anyone 
might choose to question or to refer to high 
authority. But there will be instances where a 
minority of the team may wish to seek the opinion of 
the appropriate supervisor, the local director or 
even the board of directors. 

On the testimony it was clear to me that 
social work, or at least that portion of it discussed 
upon the Inquiry, is not an exact science in which 
there is only one correct answer to a particular pro- 
blem. So much is based on judgement or on assessment 
of a situation. From time to time upon the Inquiry a 
witness would state as much, saying that while he or 
she could not quarrel with a particular act of a 
social worker then being reviewed, he or she would 
have preferred that the social worker had done 
something else or something further. No one should, 
out of embarassment or fear of reprisal, hesitate in 
appropriate cases to bring any difference of opinion 
to the attention of a supervisor, local director or 
board of directors of a children's aid society. 
Similarly no supervisor or local director should feel 
any embarassment or anger because his or her opinion 
has been questioned. 

Upon the testimony of highly qualified 
witnesses upon the Inquiry I am satisfied that it is 
imperative that the manual of practices and 
procedures of each children's aid society contain 
provision whereby a social worker, not satisfied as 
to a decision by a supervisor, without any embarrass- 
ment for either the social worker or the supervisor 
and without any fear of reprisal, may bring the 
matter to the attention of the local director for 
resolution. Similarly if the resolution by the local 
director is not satisfactory to either the social 
worker or the supervisor, there should be provision 
for the matter being presented to the board of 
directors or an appropriate committee thereof for 
resolution. 



1406 



63 , 



I THEREFORE RECOMMEND THAT as 
part of its practices and 
procedures each children' s aid 
society establish a process 
whereby any one or more of its 
social workers, conce r ned about 
the propriety or correctness of 
any decision made or proposed to 
be made in any case, may, without 
fear of reprisal and without 
appearing to threaten the 
author ity or pos it ion of the team 
of social workers , the supervisor 
or the local director, as the 
case may be, bring the case and 
the particular decision to the 
attention of a superv is o r , the 
local director or the board of 
directors, as the case may be, 
for review and determination. In 
the same vein the practices and 
procedures of each children' s aid 
society should enable each 
employee to have a means of 
ensur ing that full information 
about any case is available to 
any supervisor or the local 
director or the board of 
directors . 



1407 



RECOMMENDATION #64 

I have expressed the belief that workers 
engaged in any phase of a report or case of child 
abuse should have access to legal advice and should 
use it. That is contained in Recommendation #36, and 
I want now to expand thereon. 

The testimony upon the Inquiry strongly 
supported and illustrated the need for children's aid 
societies to be represented by counsel in certain 
proceedings. In Kim's case the Society proceeded 
without any legal advice whatsoever. It may be 
somewhat ironic, but one of the stronger statements 
expressing that need came from Mr. Higgins. He had 
represented Jennifer Popen and Annals Popen in the 
proceedings in the provincial courts in respect of 
Kim. He had succeeded in preventing the Society from 
doing what it should have done. The Society sought 
no advice or assistance to overcome him. 

After recommending that there be an 
improved means of communication between the 
children's aid society and other bodies, including, 
in Kim's case, public health, probation service, 
hospitals and police after the finding that Annals 
Popen had failed to protect Kim, Mr. Higgins 
testified : 

"...Any combination of those organizations 
should be able to retain Counsel... I mean 
qualified legal counsel, if the staff 
spokesperson for Court work is not ideally 
qualified and this should be possible 
without any budgetary constraints from 
anywhere, whether it be Toronto or Ottawa. 
I'm sure that the Children's Aid Society 
would have had counsel throughout if their 
budget had permitted it. There should be 
absolutely no connection between the local 
budget and the ability to retain counsel by 
the Children's Aid Society for example." 

He went on to enlarge upon that by saying: 

"...Now, then, before a conviction for 
child abuse or in the event of a wardship 
situation, it seems to me that the 
Children's Aid Society, which would be the 



1408 



only agency involved that ought to be able 
to have as much freedom in employing 
counsel as they would be if a conviction 
had been registered and a child perhaps 
were going to be returned. 

One of the problems here has also been that 
the Crown Attorney's office has been asked 
to or has somehow or other been involved in 
this thing and the difficulty with their 
staff is they can never be sure the same 
Crown Attorney will be involved in one case 
from beginning to end had that been the 
case, things would have been certainly more 
efficiently dealt with. 

Q. So you would suggest that the same 
Crown Attorney be seized of this matter and 
follow it right through? 

A. Well, if it's a quasi criminal charge, 
yes but if it's a wardship situation, then 
I think that the Children's Aid Society 
should have their own lawyer or should have 
the ability to employ counsel without 
references to any contraints at all in 
budget. 

Now then, my observation is... I might say 
that I even think that a qualified lawyer 
might have had a good crack at making me 
toe the line in so far as letting Mr. 
Carter see the children." 

He added some comment as to what steps counsel 
retained by the Society might have taken to overcome 
his tactic which had effectively stopped Mr. Carter 
and the Society. 

Again ironically, Mr. Carter, who was the 
direct target of Mr. Higgins' tactic, testified as to 
his difficulties with opposing lawyers generally. 
He said: 

"...and then of course with the Legal Aid 
situation I found my role in a court 
hearing has become increasingly difficult 
without having legal protection for myself 
or the child before the court. 



1409 



Q. You mean more and more parents and 
children are being represented by counsel? 

A. Exactly, often by two separate legal 
representatives in the case of a separated 
family . 

Q. Right. 

A. So it becomes a very difficult - and 
the focus is certainly not on the child." 

I understood him to use the words "legal protection" 
in the sense that it would be provided or ensured by 
representation and advice by counsel. 

Mr. McPhedran expressed his belief that 
each children's aid society should have effective 
legal counsel. Because of the increasing complexity 
of social legislation and because of the concern for 
the rights of each individual, it was his opinion 
that, if it was involved in any way in any contested 
proceeding, a children's aid society should be 
required to be represented by counsel. 

Inspector Ross expressed his opinion that 
each children's aid society should be represented by 
experienced trial counsel in all proceedings relating 
to the custody of children. 

In the main body of the Report I have 
commented upon the inadequate representation of the 
Society upon the hearing of its application for an 
order declaring Kim to be a child in need of 
protection. That inadequacy related not only to the 
actual time in court in February, 1976 and on earlier 
occasions, but also to the preparation of the 
application from September, 1975 onward and to the 
steps taken by the Society after February, 1976 to 
and including the application in July and August, 
1976. 

In my view, if the Society had been re- 
presented by counsel that counsel would have ensured 
that the preparation for hearing in February, 1976, 
and hopefully earlier, was more complete, that Mr. 
Higgins did not succeed in his effort to deter Mr. 
Carter, that witnesses were present, that, subject to 
rulings upon the admissibility of evidence, all of 



1410 



the information obtained upon a thorough investi- 
gation and the opinions of qualified social workers 
upon social work matters were presented, that a 
written report upon the proceedings, the reasons for 
judgement and any other matter was prepared for the 
Society's file and that consideration was given to 
what might next be required to continue to protect 
Kim. 

All of the foregoing relates to the 
Society's application. But there were also the 
concurrent proceedings resulting from the charge 
against Annals Popen and Jennifer Popen under section 
40 of The Child Welfare Act . 

In my view, counsel for the Society would 
have maintained a close liaison with the Crown 
Attorney and the Sarnia Police Force to exchange 
information and opinions and perhaps even to develop 
some common strategy in relation to the two proceed- 
ings. For example, if the investigation by police 
officers had revealed something not previously known 
to the Society, counsel for the Society would 
certainly have taken steps to seek to have that 
information presented to the Court upon the Society's 
application. That would apply as well to information 
such as that contained in the pre-sentence report 
upon Annals Popen together with Dr. Curtin's notes 
attached thereto. I am confident that counsel for 
the Society would have maintained a watching brief in 
the prosecution and would have prepared a detailed 
written report, with copies of documents such as the 
pre-sentence report and its enclosures, to be placed 
in the Society's file. 

The Board of Directors of the Society re- 
cognized the need for the provision of legal services 
to the Society and its staff. That recognition was 
expressed by its resolution in January, 1976, making 
private funds available for such purposes. That 
resolution was passed in response to Mrs. Harvey's 
expression of the need for such services in cases 
involving abuse. 

In 1978 the authors of the Garber Report 
expressed their opinion in this area by their 
recommendation numbered 12 which was written as 
follows: 



1411 



"12. That in all child abuse court pro- 
ceedings the Children's Aid Society must be 
represented by counsel; in all uncontested 
cases the Children's Aid Society should 
have access to legal opinion, in order to 
fulfill its protection mandate." 

The matters that may arise from a report or 
instance of abuse are complex. At each stage, from 
the initial investigation until the very end, there 
may be questions relating to the rights, powers, 
obligations and duties of a children's aid society 
and its personnel, the relationship of a children's 
aid society with authorities or institutions or other 
community organizations, the confidentiality of 
material, the nature of the evidence to be sought or 
presented, the nature of any application to a court 
and countless other matters. These are essentially 
questions of law and procedure. Just as it is unfair 
to a social worker to ask him or her to express 
essentially medical opinions based on observation of 
a child, so is it unfair to ask that social worker to 
express essentially legal opinions. 

In Kim's case, money was available for 
legal services. Its use was at Mr. Lovatt's 
discretion. That was known to Mrs. Harvey. That 
money was not used. It therefore seems that social 
workers may not recognize the full nature of their 
need for legal advice and assistance at various 
times. Mrs. Harvey's statement to Mrs. Farina 
declining the invitation to the seminar for court 
workers of the children's aid societies was an 
example of her inability or refusal to recognize her 
own limitations. 

64. I RECOMMEND THAT each children' s 

aid society should employ or 
retain the services of one or 
more sol ic itors , preferably with 
training or experience in 
relation to family law, child 
welfare and child protection and 
with skills of advocacy. The 
advice of such a sol ic itor should 
be immed lately available to the 
society's social workers at any 
time in relat ion to any report or 
instance of abuse or suspected 



1412 



abuse. The society's social 
workers should be required to 
consult with such a solicitor at 
appropriate stages of the 
invest igat ion of such report or 
instance of abuse and subse- 
quently in relation to any 
decision to be made during the 
management or t reatment of the 
case including court proceed ings 
of any sort. The solicitor 
should be advised of all con- 
ferences in relation to the case 
whether within the children' s aid 
society or elsewhere f such as at 
the community child abuse team, 
and the matters to be d iscussed 
thereat. The solicitor should be 
required to attend such 
conf erenc es if, in his or her 
opinion, the subject matter may 
involve matters of law or pro- 
cedure, or if any social worker 
participating in the conference 
requests that the solicitor 
attend. All of that should form 
part of the society's manual of 
pr act ices and procedures . 



1413 



RECOMMENDATION #65 

Counsel for the children's aid society will 
recognize whether any information obtained by the 
children's aid society during its investigation of 
any report or instance of abuse might be of interest 
to the police or Crown attorney. Such counsel should 
also be aware of any earlier involvement by the 
police or Crown attorney in the matter. There should 
be a policy of the society to require its counsel to 
establish and maintain a relationship of co-operation 
and mutual assistance with the police and Crown 
attorney in relation to reports and cases of child 
abuse. 

65. I RECOMMEND THAT counsel employed 

or retained by the children' s aid 
society in respect of any report 
or instance of child abuse should 
establish and maintain liaison 
and co-operation with the Crown 
attorney and police to determine 
whether or not, in relation to 
the matter, any charge under the 
Cr iminal Code , the Chil d Wei fa re 
Act or any other statute , is con- 
templated by the Crown attorney 
or police or, in the light of 
information available t o t he 
children' s aid soc iety , should be 
considered. In the event any 
such charge is laid counsel for 
the children' s aid society should 
co-operate with the Crown 
attorney to ensure an orderly and 
complete invest igat ion and then, 
if required, an efficient pro- 
cedure in court to complete all 
matters includ ing the prosecut ion 
of any such charge and any 
appl icat ion which the society may 
make in respect of the care of 
the child. That duty to co- 
operate CO r res ponds to the duty 
of the Crown attorney and police 
to co-operate with the children' s 
aid society as set forth in a 
subsequent recommendat ion. 



1414 



RECOMMENDATION #66 

That then leads to consideration of the 
prosecution of Annals Popen and Jennifer Popen under 
section 40 of The Child Welfare Act . It was a pro- 
ceeding closely related to, but yet quite separate 
from the Society's application for custody of Kim. 
In relation to the immediately preceding recommen- 
dation I have written of the need for the liaison 
which counsel for the children's aid society upon any 
child welfare or child care matter should maintain 
with those responsible for the conduct of the 
prosecution of any criminal or quasi-criminal charge 
relating to the same matter. 

The separation of the two proceedings in 
Kim's case arose naturally enough because of the 
involvement of the Sarnia Police Force and its 
perception of its duty to enforce the law. Appropri- 
ately the police officers sought and obtained advice 
from the Crown Attorney with reference to the nature 
of the proceedings and the presentation of the case 
in court. 

Unfortunately the separation of the two 
matters was maintained and there was not adequate 
liaison between the Society on the one hand and the 
police and the Crown Attorney on the other. 

In my view that came about primarily 
because Mrs. Harvey and Mr. Carter, for the Society, 
were not fully or correctly aware of the relationship 
between the two proceedings. They did not correctly 
understand the implications of decisions reached by 
the Crown Attorney and police in relation to the 
charge against Annals Popen and Jennifer Popen. They 
understood that the decision to withdraw the charge 
against Jennifer Popen had prevented or impeded the 
presentation of all evidence that they would 
otherwise have adduced upon the Society's application 
for custody of Kim. 

That arose, at least in part, because they 
had not sought the legal advice which Mrs. Harvey, at 
least, knew was available. It arose also because of 
their ignorance of the law, an ignorance which Mrs. 
Harvey had implicitly denied when she declined Mrs. 
Farina's invitation to attend the workshop for court 
workers employed by children's aid societies. 



1415 



There was testimony upon the Inquiry to the 
effect that the involvement of the Crown Attorney was 
desirable in relation to charges under section 40 of 
The Child Welfare Act . 

His Honour Judge Nighswander said that the 
Crown Attorney should be involved whenever such a 
charge was laid. He said however that was not the 
practice anywhere in Ontario. 

Mr. Hibberd expressed a similar view. He 
thought the Office of the Crown attorney should be 
more involved in some of the proceedings in the 
provincial court (family division) . 

Mr. Higgins supported the concept of the 
Crown attorney being involved in any prosecutorial 
proceedings under The Child Welfare Act . He refined 
that somewhat to suggest that greater efficiency 
would be achieved if one member of the Crown 
attorney's staff were assigned responsibility for the 
carriage of one matter from beginning to end. 

I am aware of the provisions of subsection 
3 of section 40 of The Child Welfare Ac t which per- 
mitted the judge conducting the trial of a charge 
laid under section 40 to hold a hearing and proceed 
as though the child had been brought before the judge 
as a child apparently in need of protection. 

There was some testimony as to the need or 
desirability of joining or consolidating proceedings 
such as prosecution of a charge under section 40 of 
The Child Welfare Act with an application for an 
order declaring the child to be a child in need of 
protection. 

That testimony was not firm and conclusive. 
At best it was tentative and indicated that the 
decision upon the point in any given case would be a 
matter depending upon the judgement of those 
responsible for the carriage of the two matters. 

There was no testimony that such joinder or 
consolidation was considered by anyone in Kim's case. 

It is open to the judge conducting the 
trial of a charge under section 40, on his or her own 
motion or on the motion of the person prosecuting the 



1416 



charge, to treat that trial as a hearing of an 
application for an order to declare the child to be a 
child in need of protection. 

Such an order for enlargement of the scope 
of the proceedings so as to include a charge under 
section 40 would not seem to be possible upon the 
hearing of an application such as that brought by the 
Society in respect of Kim. 

In my view this is an area that might very 
well be the subject of liaison between counsel for a 
children's aid society and the Crown attorney and 
police officials. There may be valid reasons for the 
society wishing not to be identified directly with 
the prosecution of a parent lest such identification 
hamper the society in performance of other services 
to the same family at the time or later. However, 
apart from such considerations, the overall con- 
venience of everyone and economy of time and effort 
would seem to favour the two matters proceeding as 
one or at least being heard together. 

Perhaps because of lack of communication or 
understanding, there were a number of procedural 
problems in Kim's case. The two matters began in 
separate divisions of the provincial courts and were 
scheduled for hearing or trial on separate dates. 
Even after both were within the provincial court 
(family division) they were heard on separate dates. 

Two groups, the Society upon its appli- 
cation and the Crown attorney and Sarnia Police Force 
upon the charge under section 40 of The Child Welfare 
Act , were responsible for separate investigations and 
preparations and for attendances of witnesses and for 
presentations in court. 

Mr. Carter spoke of assumptions he made as 
to what police officers would do in investigation and 
preparation and, presumably, make available to the 
Society for its use upon the hearing of its appli- 
cation for custody of Kim. He told no police officer 
or the Crown attorney of his assumptions. In the re- 
sult there were delays, witnesses were not available 
and some things which Mr. Carter expected to be done 
by others, such as police officers, were not done. 



1417 



Employees of the Society claimed to be 
unaware of the intentions of the Crown attorney and 
Sarnia Police Force in the disposition of the charge 
under section 40 of The Child Wel f are Act . While I 
rejected that claim, the very fact it was made 
illustrates the need for close and ongoing liaison 
between a children's aid society pursuing one 
proceeding and others, such as the Crown attorney and 
police, pursuing other procedures in respect of the 
same child. 

Employees of the Society stated that the 
disposition of the charge under section 40 of The 
Child Welfare Act disrupted their entire approach to 
the Society's application and inhibited the intro- 
duction of evidence upon that application. They were 
in serious error. That was entirely of their own 
making. It resulted from their own ignorance of the 
law, particularly The Child Welfar e Act , and their 
failure to obtain legal advice. 

All of that could have been and should have 
been prevented by proper preparation for trial or 
hearing. In large measure the testimony to be 
adduced in support of the Society's application would 
incorporate, but would not be limited to, the testi- 
mony to be introduced in support of the prosecution 
of the charge under section 40 of The Child Welfare 
Act . 

In addition to removing such substantial 
errors and misunderstandings co-operation between the 
children's aid society and others can achieve a more 
efficient use of the court's facilities and of the 
time of all concerned whether as counsel, agent, wit- 
ness or party. Parties of somewhat common interest 
would not have to duplicate their efforts, but could 
exchange information and opinions and could apportion 
some tasks, such as securing attendance of witnesses, 
to one or the other as seemed most appropriate. 

66, I RECOMMEN D THAT, if 3. charge 

under section 40 of The Child 
Wei fare Act be laid by the 
police, a children's aid society 
or a private complainant, the 
Crown attorney be advised forth- 
with and thereafter the Crown 
attorney shall be respons ible for 



1418 



the conduct of the prosecution of 
any such charge or for staying or 
withdrawing it . The justice 
before whom any person appears 
for the purpose of swearing an 
information alleging the offence 
should be responsible for 
ensuring that the Crown attorney 
is so advised . That latter may 
require the Ministry to obtain 
the co-operation of the Ministry 
of the Attorney General. 



1419 



RECOMMENDATION #67 

In Kim's case Mr. Hibberd appeared in court 
on very short notice to represent the Crown attorney 
upon the trial. He knew little about the case. That 
and what ensued from it demonstrated the value of Mr. 
Higgins' suggestion that one solicitor in the office 
of the Crown attorney be responsible for the 
prosecution of any charge from its inception to its 
conclusion. It may have been unfair to Mr. Hibberd. 
It certainly did not advance or protect Kim's 
interests. 

Adoption of Mr. Higgins' suggestion would 
certainly ensure that the person in the office of the 
Crown attorney responsible for the case had 
sufficient time to prepare adequately for trial. It 
would probably ensure that in preparation for trial a 
complete liaison was established and maintained with 
all interested persons, such as the personnel of the 
children's aid society involved in the care of the 
child. In Kim's case there was no testimony to 
indicate any direct liaison between the Society and 
the office of the Crown attorney. Such liaison will 
be more likely and useful if the children's aid 
society has counsel instructed in relation to the 
case. 

67, 1 RECOMMEND THAT the Crown 

attorney f if not accepting the 
responsibility himself or 
herself^ assign one solicitor 
employed or retained by the Crown 
attorney to have full responsi- 
bility for the conduct of the 
prosecut ion of any charge under 
section 4 of The Child Welfar e 
Act . 



1420 



RECOMMENDATION #68 

In my explanation of an earlier recom- 
mendation I set forth my view that counsel for a 
children's aid society in any court matter involving 
a child should maintain liaison and co-operation with 
the Crown attorney and police and exchange infor- 
mation and assistance if the Crown attorney or police 
are considering or have laid a charge under section 
40 of The Child Welfare Act as a result of anyone's 
treatment or abuse of that child. 

In my view there is a corresponding need 
for the Crown attorney and police, considering or 
having laid such a charge, to maintain such a liaison 
and co-operation in relation to information and 
mutual assistance with the children's aid society 
responsible for the care and protection of that 
child. 

68, I RECOMMEND THAT the police, as 

well as and the Crown attorney or 
solicitor responsible for the 
conduct of the prosecution of a 
charge under section 40 of T he 
C hild Welfare Act , imme d i a t e 1 y 
establish and maintain liaison 
and co-operation with the local 
children's aid society. One 
purpose of such liaison would be 
to discuss and to determine 
whether or not an application 
should be made in court for an 
order declar ing the child to be a 
child in need of protection and, 
if such an application should be 
made, by whom and by what 
process. That liaison and co- 
operation should involve all 
phases of the two proceedings, 
whether or not they are j o ined , 
and should continue until both 
are completed. That duty to 
co-operate corresponds to the 
duty of the children's aid 
society to co-operate with the 
Crown attorney and police which 
is set forth in a preced ing re- 
commendation. This will invol V e 



1421 



the co-operat ion of the Ministry 
of the Attorney General and the 
Ministry of the Sol icitor General 
with the Ministry » 



1422 



RECOMMENDATION #69 

The testimony upon the Inquiry indicated 
that the professional staff of the Office of the 
Crown Attorney were over-burdened during Kim's 
lifetime. 

That was demonstrated by the way in which 
the prosecution of Jennifer Popen and Annals Popen 
under The Child Welfare Act proceeded. Mr. Lang was 
originally consulted, a part-time Crown attorney 
appeared on at least one occasion when the trial was 
delayed because of the non-attendance of witnesses, 
Mr. Lang was again consulted and finally Mr. Hibberd, 
on short notice and with inadequate information and 
preparation, appeared upon the trial. 

I recognize that officials of the Ministry 
of the Attorney General are aware of the varying 
demands upon the offices of Crown attorneys through- 
out Ontario and seek to ensure that each such office 
has personnel and facilities to meet the demands upon 
it. 

However the preceding recommendations 
cannot be implemented unless the Crown attorney has 
the necessary personnel and facilities. This should 
be of concern to the Ministry. 

69, I THEREFORE RECOMMEND THAT the 

Ministry/ through appropriate 
channel s of g ove r nment f seek to 
ensure that the Crown attorney in 
each county and district in 
Ontario be provided with 
suff ic ient funds to ensure that 
personnel and facilities are 
available to each such Crown 
attorney to enable implementat ion 
of recommendat ions in this Report 
requiring the involveme nt of the 
Crown attorney , 



1423 



RECOMMENDATION #70 

The following recommendation relates to 
another area of the responsibility of the Ministry of 
the Attorney General. 

During the Inquiry there was considerable 
uncontradicted evidence as to the lengthy delays in 
the hearing of matters in the Provincial Court 
(Family Division) of the County of Lambton. One 
reason for those delays was that Judge Nighswander 
was required to devote about one-half of his time and 
efforts to matters in the Provincial Court (Family 
Division) of the County of Kent. 

The uncontradicted testimony was that 
speedy disposition of child welfare matters is 
essential for the welfare of the children affected 
thereby. If a child has been removed from a family 
home it is imperative that all concerned know quickly 
whether or not the child is to remain in the care of 
a children's aid society, and, if so, on what basis. 
Only then can adequate plans be made for the care and 
protection of the child by the society. 

Apart from the delay from June until 
September, 1975, Kim remained in limbo as it were 
from September 1, 1975, until February 25, 1976. 
During that period no plans for her long term care 
could be made with any certainty that she would 
remain in the care of the Society to enable 
implementation of those plans. 

Clearly the six month delay arose from many 
causes. But one cause certainly was the inability of 
Judge Nighswander, because of his other duties 
elsewhere and lengthy lists of matters to be heard, 
to fix early dates for hearing or trial. Kim's was 
not the only case affected by that inability. 

I am aware from the testimony that, 
subsequent to March, 1976 and Judge Nighswander ' s 
retirement, a judge was appointed with responsibility 
only to hear matters in the Provincial Court (Family 
Division) of the County of Lambton. That should 
reduce delays resulting from insufficient time being 
available for the Judge sitting in that Court. 



1424 



However, it would seem that the problem 
existed for some time before it was corrected. Kim 
and others were affected by it. A similar situation 
should not be allowed to arise. 

I am aware that the Ministry of the 
Attorney General, responsible for the administration 
of the courts, maintains a procedure to record the 
number of matters commenced, dealt with and disposed 
of in each court. Those records may enable one to 
ascertain the number of proceedings which arise from 
allegations of abuse or from the apparent need of 
children for protection under The Child Welfare Ac t. 
Even so it is my view that the Ministry and 
children's aid societies have a particular and 
special interest to ensure that the provincial courts 
(family division) are able to deal expeditiously with 
cases involving child abuse or children apparently in 
need of protection. 

70, I THEREFORE RECOMMEND THAT the 

Ministry , the Ontario As soc iat ion 
of Children's Aid Societies and 
the children's aid societies in 
Ontario maintain an ongoing 
survey of proceed ing s under the 
Child Wel fare Act in the p ro- 
vincial courts (family division) 
to ascerta in whether or not any 
inadequacy in the facilities of 
those courts, including the 
numbers of judges appointed 
thereto, contributes to any 
unreasonable delay in the hearing 
and d is pos it ion of such proceed- 
ings particularly those involving 
allegations of child abuse or 
children apparently in need of 
protection. If such survey 
should indicate that there is, in 
any such court in any county or 
district, unreasonable delay in 
such matters because of any 
inadequacy of the court's 
facil it ies , the Ministry , through 
appropr iate procedures of govern- 
ment, should seek to ensure that 
the facil it ies of that court are 
improved so as to prevent any 
s uch del ay , 

1425 



RECOMMENDATION #71 

Inherent in the comment upon the inadequacy 
of the representation of the Society upon or in 
relation to the presentation of its application in 
respect of Kim must be concern for the adequacy of 
the representation of Kim upon that proceeding and in 
relation to the charge under section 40 of The Child 
Welfare Act . Mr. Carter spoke of the difficulty 
arising from the absence of "legal protection for 
[himself] or the child before the court." 

In my view Kim's need for "legal pro- 
tection" was the greater of the two. Without wishing 
to be melodramatic, the very life of the child was at 
stake . 

Hopefully implementation of other recommen- 
dations set forth herein will ensure the best 
possible preparation and presentation of the 
application on behalf of the children's aid society. 
Hopefully too such preparation and presentation will 
be in the best interests of the child. However it is 
not difficult to envisage instances where^ for some 
particular reason, it may not be in the best 
interests of the child that the children's aid 
society succeed in its application or in some 
particular part of it. 

One such instance which readily comes to 
mind develops from the testimony to the effect that 
in some instances removal of an abused child from the 
family home may not be in the best interests of the 
child. This is one of the areas that makes social 
work an inexact science where there may be a variety 
of answers to each problem and each of those answers 
might be viewed as being a correct answer. 

The authors of the Garber Report state that 
research indicates that children's aid societies feel 
that representation of children's best interests has 
been inadequate. 

In Kim's case the inadequacy of represen- 
tation of her best interests was the inevitable 
by-product, as it were, of inadequate representation 
of the Society. 



1426 



As their thirteenth recommendation, the 
authors of the Garber Report recommended that 

"13. Any child who is the subject of a 
child welfare hearing should be represented 
by his or her own lawyer, unless this is 
not recommended by the court." 

There was testimony upon the Inquiry to the 
effect that the Ministry was prepared to accept that 
recommendation subject only to the amendment thereof 
to provide that if the court is of the opinion that 
representation of the child is desirable it may 
direct that legal representation be provided for the 
child. Presumably then such representation would be 
provided, but it was not clear just how that would be 
achieved or paid for. 

That recommendation of the Garber Report, 
amended as suggested by the Ministry, was incorpo- 
rated in section 20 of The Child Welfare Act, 1978 . 
That section provides firstly that a child may have 
legal representation at any time in proceedings under 
Part II of that statute. That is merely permissive. 
The section then imposes upon the court the duty of 
determining whether legal representation is desirable 
to protect the interests of the child. If such 
representation is desirable, the court shall direct 
that legal representation be provided for the child. 
The section also sets forth circumstances which 
require the court to make such a direction. 

The general concept of both the recommen- 
dation in the Garber Report and the 1978 legislation 
causes me no concern on the basis of the testimony 
upon the Inquiry. I do have concern about the 
specific form of the legislation. My concern relates 
particularly to the method of provision of represen- 
tation and payment therefor. Who is to provide it? 
Who is to pay for it? 

I understand the recommendation in the 
Garber Report to be that every child who is the sub- 
ject of proceedings under The Child Welfare Ac t have 
separate legal representation unless the court hear- 
ing the matter otherwise directs. The legislation is 
somewhat the reverse of that approach. Represen- 
tation is to be provided if the court directs it. 



1427 



The legislation seems to contemplate two 
perhaps different situations. It provides firstly 
that a child may have legal representation. That is 
purely permissive. It makes no reference to how a 
child, under sixteen years of age by the terms of the 
legislation, may instruct counsel or arrange to pay 
for legal services. For example, one is left to 
wonder whether counsel retained for the child and 
paid by one or both of the child's parents or by a 
relative or a patron of the child might provide the 
independent legal representation that the recommen- 
dation in the Garber Report would seem to 
contemplate. This might raise for lawyers the same 
sort of problem that bothered some doctors who 
testified upon the Inquiry. Dr. Bates was not 
bothered. He was clear and firm. He said the child 
was his patient and he would act accordingly. Others 
were not so clear. They seemed to have some 
difficulty in seeing the child as an individual 
patient rather than as one of the members of a family 
which, perhaps collectively, were the patient. Those 
doctors might hot act solely in the child's best 
interests without some consideration for what they 
perceived to be the best interests of the family of 
patients. 

I would think that a solicitor, perhaps the 
solicitor who acted generally for the family, would 
be placed in an unenviable position if asked to re- 
present a child upon some proceedings under the Child 
Welfare Act . The solicitor might very well represent 
the best interests of the child, but I do not know 
how the solicitor is expected to ascertain what are 
the best interests of the child. I think of the 
adage to the effect that not only must justice be 
done, but it must be seen to be done. Families are 
not always the cohesive units that fiction portrays 
as ideal. That must most likely be so if there is a 
suggestion that a child has been abused. Some of the 
family may agree and others may disagree with the 
position put forward on behalf of the child. In such 
a situation as the legislation would seem to 
contemplate the solicitor accepting such a retainer 
is bound to be damned by someone sometime no matter 
what he or she does or does not do. 

There was testimony as to the feeling of 
some abused children which would lead them to blame 
themselves for having been abused by a parent or 



1428 



which would lead them to some desire to seek favour 
from an abusing parent and thereby, hopefully, avoid 
further abuse. On the basis of such testimony I am 
not prepared to accept that an abused child, under 
sixteen years of age by statutory provision, is able 
to determine what are his or her own best interests. 
Thus the child may not be able to instruct counsel 
even if one were to assume that in other circum- 
stances a child might be able to do so. 

That is all the more so when one recalls 
the testimony as to most incidents of abuse occurring 
before the child is three. Such a young child cannot 
know his or her own best interests. 

It appears to me to be self-evident that 
the allegedly abusing parent or guardian or the 
spouse or partner of such parent is not able to 
determine the child's best interests and thus is not 
able to instruct counsel on behalf of the child. 

To a lesser degree I would think that all 
other relatives of the child, who might in ordinary 
circumstances be expected to ensure the child's best 
interests, are similarly unable to determine the 
child's best interests and to instruct counsel on 
behalf of the child. 

But subsection 1 of section 20 of the 1978 
legislation provides that a child may have legal 
representation. There is no provision in the 
legislation as to what the judge might do if someone 
appears and purports to represent the child. There 
is no provision for any challenge to any counsel's 
claim to represent the child. It is not beyond the 
realm of possibility that there may be competing 
claims to represent the child. 

Subsection 2 of section 20 would not appear 
to be helpful in resolving a dilemma such as I have 
mentioned. It appears to be specifically directed 
to the duty of the court "where on an application 
under this Part II [of the statute] a child does not 
have legal representation." Only then must the court 
decide whether legal representation is desirable and, 
if it so decides, it must then direct that legal 
representation be provided to the child. 



1429 



I should note that subsection 1 of section 
20 applies to "proceedings" under Part II of the 
statute. That would seem to be broad enough to 
include situations such as those mentioned in section 
25 whereby a parent may voluntarily place a child in 
the care of a children's aid society, or those 
mentioned in section 44 relative to the religious 
faith of the child or those mentioned in sections 46, 
47, and 48 which, in conjunction with section 94, 
provide that certain acts constitute offences and are 
punishable. 

However, subsection 2 may be used upon "an 
application" under Part II. That would seem to be 
more limited than "proceedings" mentioned in 
subsection 1. Conceivably subsection 2 would not 
apply to matters such as I have enumerated in the 
immediately preceding paragraph. It might be argued 
that it would not apply to what a children's aid 
society might do in compliance with subsection 1 of 
section 27 which requires that, within certain time 
limits of detaining a child in a place of safety or 
assuming the care of a child, 

"the matter shall be brought before a court 
to determine whether the child is a child 
in need of protection." 

or other things shall be done. 

I am aware that section 11 of Ontario 
Regulations 386/79 made under The Provincial Courts 
Act provides that a proceeding shall be commenced by 
filing an application in the prescribed form. Thus 
all "proceedings" would appear to be "on an 
application. " 

I see no need for the use of different 
terms in the two subsections of section 20 of the 
1978 legislation. 

In my view the more inclusive term, 
"proceedings" would be preferable. 

71, I RECOMMEND THAT in all proceed- 

ings under the Child Welfare Act 
it should be inc umbent upon the 
court in which the proceedings 
are conducted to determine 



1430 



whether separate legal represen- 
tation is necessary or desirable 
to protect the i nte res t s of the 
child who is the real subject 
matter thereof. If the court 
det e r mines that such represen- 
tation is necessary or desirable 
it shall direct that it be 
provided , In making that latter 
determination the court should 
hear submiss ions , with or w ithout 
testimony as the court may 
decide, from the parties to the 
proceedings as well as from any- 
one who may seek to be the 
child's legal r epr es entat ive to 
protect or advance the child's 
interest , Any direction for the 
provision of such legal repre- 
sentation should identify the 
sol ic itor or sol ic itors who shall 
provide it and shall provide for 
the remuneration of such 
sol ic itor or sol icito r s , Unless 
or until some arrangement is made 
for the provision of such legal 
representat ion under the Ontario 
Legal Aid Plan the cost thereof 
should be borne out of the gener- 
al revenues of the Province of 
Ontario except in such cases 
where, with the knowledge and ap- 
proval of the court, remunerat ion 
of such solicitor or solicitors 
is ava liable and provided from 
some other source. 



1431 



RECOMMENDATION #7 2 

I have some difficulty with the language of 
subsection 3 of section 20 of the 1978 legislation. 
In subsection 2 it is provided that the court must 
direct the provision of legal representation if it 
determines such representation to be desirable. Sub- 
section 3 then provides that "in determining whether 
[such] representation is desirable" the court must, 
in certain specified situations, direct the provision 
thereof. It would seem to be more correct to specify 
that in the circumstances described in subsection 3 
the provision of such legal representation shall be 
deemed to be and shall be desirable. Subsection 2 
would then become operative to require the court to 
make the appropriate direction. 

72» I RECOMMEN D THAT the Ministry 

cons ider the amendment of sect ion 
20 of the 1978 legislation to 
incorporate the preced ing recom- 
mendation fi? 1 and to provide that 
in the c ircumstances described in 
subsection 3 of section 20 the 
provision of such legal repre- 
sentation shall be deemed to be 
and shall be des irable » 



1432 



RECOMMENDATION #7 3 

There was testimony indicating a concern 
among social workers and others in the field that 
opinions in relation to child abuse expressed in 
testimony by social workers were not given much 
weight in the courts. I have mentioned that concern 
elsewhere in this Chapter. 

The authors of the Garber Report wrote of 
comments and responses, presumably to them or their 
researchers, referring to "difficulties in obtaining 
and giving evidence, and the disposition of the Court 
to disregard any but unequivocal evidence of abuse." 

Dr. Bates addressed that matter in the 
following portion of his testimony: 

"Q. Doctor, before we go on to the next 
slide, dealing with social workers giving 
evidence in court, I take it that you've 
been present in the courtroom setting from 
time to time on child abuse cases, being 
called as a witness, is that correct? 

A. Yes. 

Q. Have you found that therefore drawing 
from what you've said, that there is 
sometimes little or no weight put on the 
social worker's opinion in the courtroom? 
The judge relies entirely upon the expert 
evidence of the physicians as to abuse? 

A. I think very often judges rely more on 
the physical evidence of abuse and less on 
the pathology detected by the social 
workers in the home and the implications of 
that pathology. It's for that reason that 
I feel that we need to have expert 
witnesses in the social work field to bring 
into the courtroom research and other data 
about the importance of the interview, the 
pathology detected. We know that if a 
parent has a certain background history, 
that it may be next to impossible to help 
them and that that child may be in 
jeopardy. May be in jeopardy not because 
of the injuries we see now but because that 



1433 



child is a special child for certain 
reasons that the parent can't stand and I'm 
going to talk about that shortly." 

In my view implementation of a programme to 
accredit social workers as professional persons, 
including, in appropriate instances, certification as 
to special knowledge, skills and experience in 
relation to child abuse, will help to remove the 
problem as it is or is, by social workers, perceived 
to be. 

My understanding of evidentiary matters is 
that, if there is in fact any difficulty in 
introducing opinion evidence of social workers, that 
difficulty is based on the inability of the party 
seeking to lead the evidence to satisfy the judge as 
to the qualification of the witness to give that 
evidence. 

I would think that, once social work is 
recognized as a profession and once qualifications 
for membership in that profession and entitlement to 
use the designation "social worker" are established 
and enforced, any such difficulty would be removed by 
establishing that the witness is a member of the 
profession with appropriate experience and 
qualification. 

The appearance of solicitors on behalf of 
children's aid societies should tend also to overcome 
some of the difficulties that the so-called court 
workers on behalf of children's aid societies have 
encountered in relation to evidentiary matters. 

The next recommendation supplements the 
recommendation that social work be granted 
recognition as a profession and that use of the 
designation "social worker" be restricted so that it 
may be used only by those persons who have qualified 
to practice that profession. 

73. I RECOMMEND THAT within the 

prof ess ion of social work there 
be a category of social worker 
who shall be required to satisfy 
appropriate requirements of 
knowledg e f t ra ining and exper i- 
ence and thus to be ent itled to a 



1434 



further des ig nat ion to denote his 
or her qualifications as a 
special is t in the field of child 
abuse. The requirements of 
qual if icat ion ent it 1 ing anyone to 
such designation shall he 
established by the regulatory 
body of the pro f ess ion , 



1435 



RECOMMENDATION #74 

My next recommendation is intended to 
assist counsel for children's aid societies and Crown 
attorneys in presenting evidence upon proceedings 
under the Child Welfare Act . 

74, I RECOMMEND THAT consideration be 

given to an amendment of the 
Child Welfare Act or the Ev idence 
Act to provide that the opinions 
expressed by social workers form- 
ed by them in relation to child 
welfare matters shall be admiss i- 
ble as evidence upon proceed ing s 

under the Chil d We i fa re Ac t and 

shall be accorded weight in the 
same way as the professional 
opinions of other professional 
persons are found to be 
admiss ible and are weighed , 



1436 



RECOMMENDATION #75 

A related difficulty mentioned by Dr. Bates 
related to the use of photographs of abused children 
as evidence in court proceedings related to those 
children. 

After the testimony set forth in relation 
to a preceding recommendation Dr. Bates said: 

"A. Just one other thing about court also 
that I have found troublesome and it is the 
view that is frequently held that colour 
photographs are inflammatory. That black 
and white photos can be admitted and even 
having those admitted is somewhat difficult 
but to have a colour slide as I'm later 
going to show you a colour slide, admitted 
into evidence is a hurdle that is almost 
impossible to overcome yet that is how the 
child appears. That's the reality of the 
situation and it is not inflammatory as far 
as I am concerned. It's a reality. It's 
what's after the child but I think that our 
judicial system needs to look more closely 
at that issue. " 

My understanding of evidentiary matters is 
that photographs, either coloured or black and white, 
are admissible as evidence provided the photographer 
is able to satisfy the court as to his or her 
knowledge and competence as a photographer and 
provided further that there is testimony to satisfy 
the court that the photographs do show "the reality 
of the situation," to use Dr. Bates' terms, and do 
not distort colours, dimensions or anything else. 

The advocacy skills of solicitors appearing 
on behalf of the children's aid societies should 
assist in overcoming problems that might heretofore 
have been insurmountable for court workers. 

Hearings and trials under The Child Welfare 
Act are conducted in a court composed of a judge 
alone. The problem of "inflammatory" testimony is 
not nearly so great as it might be in a court 
composed of a judge and a jury. 



1437 



75m I RECOMMEND THAT consideration be 

given to an amendment of the 
Child Welfare Act or the Evidence 
A £_t to facilitate the use of 
photogr aphs f either coloured or 
black and white, of abused 
children in the provinc ial courts 
(family division). Such an 
amendment should provide that 
such phot og r a phs shall be ad- 
missible in evidence upon the 
proceedings unless the party 
opposing their admission 
satisfies the judge that they 
should not be admitted , 



1438 



RECOMMENDATION #76 and #77 

In the Report and so far in these recommen- 
dations I have mentioned two matters involving what 
witnesses upon the Inquiry perceived to be problems 
in relation to the admissibility of testimony and its 
use by the courts. Those areas related to the 
opinions of social workers and to coloured photo- 
graphs. I think there is a third area which might in 
some instances lead to problems similar to those 
mentioned in testimony. 

In an indirect sense the possibility of the 
problem was raised upon the Inquiry. Claiming that 
the introduction of some testimony by Annals Popen 
would remove the solicitor-client privilege enjoyed 
by her and Annals Popen, Jennifer Popen succeeded in 
preventing Annals Popen from testifying about certain 
matters. I have stated my belief that such privilege 
should exist and my following comment and recommen- 
dations are not intended to diminish that privilege. 

However, apart from that complication of 
the existence of such privilege, there is the more 
fundamental question as to whether in any case of 
abuse of a child a man or woman is competent or 
compellable as a witness for or against his or her 
spouse in proceedings under the Child Welfare Ac t. 
Such proceedings may be quasi-criminal in nature, as 
in the instance of a charge under section 40 of The 
Child Welfare Act , or they may be in the nature of a 
civil proceeding, as in the instance of an 
application by a children's aid society in respect of 
a child. 

As I understand the present state of the 
law, a spouse is a competent and compellable witness 
for the prosecution without the consent of the 
accused or for the defence if the other spouse is 
charged with an offence under the Criminal Cod e in 
respect of violence allegedly inflicted by the 
accused upon one of the children of the spouses. I 
believe that in such a trial the spouse-witness is 
competent and compellable to testify as to 
communications between the spouses during their 
marriage. That opinion is based upon recent judicial 
interpretations of the specific provisions of the 
Canada Evidence Act. 



1439 



However, so far as I am aware, those 

interpretations have not been challenged in or 

affirmed by the Court of Appeal of Ontario or the 
Supreme Court of Canada. 

The provisions of the Evidence Ac t of 
Ontario are not the same as those of the Canad a Ev i- 
dence Act. Section 8 of the Evidence Act of Ontario 
provides that in proceedings authorized or permitted 
to be tried or heard before a court under the law of 
Ontario, which include proceedings of the sort under 
the Child Welfare Act , the husbands and wives of the 
parties to the proceedings are, "except as herein- 
after otherwise provided, competent and compellable 
to give evidence on behalf of any of the parties." 
Section 11, however, provides that a spouse is not 
compellable to disclose any communication between the 
spouses during the marriage. That is a comprehensive 
provision. 

Section 2 5 of The Child Welfare Act pro- 
vided that upon any application respecting a child 
apparently in need of protection, the judge hearing 
the application has the power to summon any person 
and require him or her to testify, the judge having 
"the same power to enforce the attendance of 
witnesses and compel them to give evidence and 
produce documents and things as is vested in any 
court in civil cases." A similar provision is found 
in section 28 of the Child Welfare Act . 

Judge Nighswander apparently invoked that 
provision when he called Jennifer Popen to testify 
upon the Society's application for custody of Kim. 
There was no corresponding provision in The Child 
Welfare Act enabling the judge to compel a person to 
attend and testify upon the trial of a charge under 
section 40 of The Child Welfare Act . Nor is there in 
the present legislation. 

I am aware of the provisions of subsection 
3 of section 40 which enables the judge conducting 
the trial of a charge under section 40 to "hold a 
hearing in respect of any child concerned and [to] 
proceed as though the child had been brought before 
him as a child apparently in need of protection." 
Section 47 of the present legislation contains 
similar provisions. I doubt that any testimony 
adduced while the judge was "hold[ing that] hearing 



1440 



in respect of [the] child" and "proceed [ ing] " in that 
manner would necessarily be admissible or of use upon 
the determination of the guilt or innocence of the 
accused upon the charge under section 40. 

The testimony upon the Inquiry was to the 
effect that most instances of abuse occur in private 
without witnesses. It would seem that some of the 
abuse inflicted upon Kim by Jennifer Popen occurred 
during Annals Popen 's absence from the house. It may 
therefore be important in any proceeding under The 
Child V^elfare Act that a spouse be compellable to 
disclose any communication between the spouses during 
the marriage if such communication relates in any way 
to abuse of a child of the marriage or of either 
spouse. 

For example, during the absence of the 
father a child suffers an injury which may very well 
appear to have been suffered accidentally, and the 
mother, who was with the child at the time of the 
injury, gives a plausible explanation to the medical 
personnel who accept it as being true. However, on 
the return of the father, the mother tells him that 
the injury was caused by her deliberately striking 
the child. In reaction to that disclosure the father 
complains to the children's aid society and the 
police who commence some proceeding under The Child 
W elfare Act . On reflection the father decides he 
does not wish to testify about the conversation with 
his wife. It may very well be held that he cannot be 
compelled to testify about it and that may result in 
the failure of the proceedings begun by the 
children's aid society and police. The child would 
remain at risk. 

As well the testimony upon the Inquiry was 
to the effect that very young children, that is under 
three years of age, were most likely to be abused. 
Kim was such a child. Such children are unable to 
testify. 

Even if an older child were abused, he or 
she might not be able to testify under oath. Section 
586 of the Criminal Code provides that 

"No person shall be convicted of an offence 
upon the unsworn evidence of a child unless 
the evidence of the child is corroborated 



1441 



in a material particular by evidence that 
implicates the accused." 

It may very well be that there is no testimony, apart 
from the testimony of the spouse of the accused, 
which is capable of being corroboration of the 
child's testimony. 

While the judicial interpretation of the 
Canada Evidence Act I mentioned earlier would be 
sufficient to compel the spouse of the accused to 
testify if the abused child were a child of the 
spouses, I am not satisfied that the application of 
those interpretations would extend to a case 
involving a child of a former marriage of one of them 
or a child in respect of whom they were in loco 
parentis. 

Thus, even in a case of child abuse where a 
prosecution alleges an offence against the Criminal 
Code there may be some evidentiary problems prevent- 
ing a man or woman from testifying against his or her 
spouse or enabling him or her to refuse to testify 
against his or her spouse. 

In any proceeding under the Chil d Welfare 
Act arising from such circumstances the spouse of the 
accused could not be compelled to testify as to 
communications between the spouses during their 
marriage . 

76, I THEREFORE RECOMMEND THAT the 

Ministry f through appropriate 
channels of government, seek to 
ensure the amendment of the Chil d 
Welfare Act and the Ev id enc e Act 
of Ontar io so as to provide that 
in any proceedings under the 
Child Welfare Act ar is ing out of 
an allegation that a child has 
been abused or is apparently in 
need of protection a man or woman 
is a compete nt and compellable 
witness for the prosecution or 
appl icant , as the case may be, or 
for his or her spouse who is the 
accused or respondent, as the 
case may be, if the child named 
in the p roceed ing s is the child 



1442 



of the spouses or either of them 
or if the spouses are or either 
of them is in loco parentis to 
the child , 



1443 



RECOMMENDATION #77 

77, I FURTHER RECOMMEND THAT the 

Ministry, through appropriate 
channel s of g ove r nment , request 
that cons iderat ion be given to an 
amendment of the Canada Ev idence 
Act to like effect. 



1444 



RECOMMENDATION #78 

I have made recommendations with reference 
to certain evidentiary matters in proceedings under 
the Child Welfare Act . 

This recommendation is generally related 
thereto. 

There was an expression of opinion to the 
effect that if a child were removed from a home 
because of abuse by a parent and were found, as a 
result thereof, to be a child in need of protection, 
the child should never be returned to that home. 

I regard that as an extreme view which 
would deny much of the testimony of the beneficial 
results that might flow from proper application of 
knowledge and skill to assist families and children. 

However I am prepared to accept that one 
incident of abuse in a home, proven to the 
satisfaction of a court, should have some bearing 
upon the manner in which that home is viewed by the 
children's aid society and the courts after such 
proof . 

I have made recommendations as to the care 
to be taken in considering the return of the child to 
the home and in supervising the child's care after 
any return. 

I want now to consider how the matter might 
proceed if, after return of the child to the home, 
there is a situation in the home which the children's 
aid society regards as sufficient to justify fresh 
proceedings to declare the child once again to be a 
child in need of protection. 

The recommendation I am about to make may, 
in a sense, be not far removed from what Judge 
Nighswander had in mind when, in February, 1976, in 
placing Kim in the care and custody of the Society, 
he said: 

"...I am definitely going to note that he 
[Annals Popen] must give evidence that he 
has done something [about his alcohol 
problem] and that it is succeeding, before 



1445 



the Court will permit the child to return 
to its parents..." 

Judge Nighswander was placing an onus upon 
Annals Popen. 

In my view that type of onus should 
continue to apply after the child's return. The 
parent should be expected to be able, if called upon 
to do so, to prove to the satisfaction of the court 
that the child in the home is not in need of 
protection. 

In my view if, at any time after a child's 
return to the home, a condition exists in the home 
which causes the children's aid society to fear for 
the safety of the child in the home and to apply to 
the court for an order declaring the child to be in 
need of protection, the proof of the earlier finding 
that the child was a child in need of protection 
shall be prima facie proof of the child's need for 
protection. 

Because of the testimony upon the Inquiry 
that one child of a family may be abused while other 
children of the family are not abused, I do not think 
it appropriate to extend the recommendation so as to 
apply it to proceedings in respect of any other child 
of the family. 

However in the event of such proceedings 
being instituted in respect of another child of the 
family, proof of the earlier finding that a child of 
the family was a child in need of protection should 
be admissible upon the current proceedings to be 
given such weight as the judge hearing the matter 
decides. 

The recommendation relates to proceedings 
under the Child Welfare Act . The Ministry might care 
to initiate discussions with the appropriate 
authorities for amendment of the Criminal Cod e and 
the Evidence Act of Canada to have a similar pro- 
vision apply in relation to criminal proceedings 
alleging assault upon or the killing of a child. 

In the absence of testimony directly upon 
the point, but upon the testimony that most abuse of 
children occurs while they are very young I am 



1446 



proposing that either aspect should apply in proceed- 
ings commenced ten years or more after the original 
finding of the parent's guilt or the child's need for 
protection. 

78, I THEREFORE RECOMMEND THAT the 

Ministry through appropriate 
channels of government seek 
amendment of the Child Welfare 
Act so as to provide that, 

1, if, within ten years after a 
child has been found to be a 
child in need of protection, 
fresh proceed ings are instituted 
to determine whether the child is 
in need of protection, proof of 
the earlier finding shall be 
prima facie proof in the fresh 
proceedings that the child is in 
need of protect ion; and 

2, if, within ten years after a 
child has been found to be a 
child in need of protection, 
proceedings are instituted to 
determine whether another child 
of the same family is in need of 
protection, evidence of the 
earlier finding shall be 
admiss ible as ev idence upon the 
new proceedings to be given such 
weight as the judge hearing the 
matter may determine , 



1447 



RECOMMENDATION #79 

There was considerable testimony relating 
to the composition and function of the Board of 
Directors of the Society and the boards of directors 
of children's aid societies generally. A number of 
recommendations flow from that testimony. 

The weight of the testimony was that 
members of the Board of Directors of the Society 
were, for the most part, uncertain as to their 
powers, rights, duties and obligations as individual 
members of the Board of Directors or as a body. 
There was little in the form of organized instruction 
of persons newly appointed to the Board of Directors. 
Some literature, such as The Child Welfare Act and "A 
Working Manual for Board Members of Children's Aid 
Societies" prepared by the Ontario Association of 
Children's Aid Societies in 1975, was available, but 
nothing was done to ensure that anyone read or under- 
stood any of it. It seemed that each new member of 
the Board of Directors learned "on the job" as it 
were, by observation and without specific 
instruction. 

There was no testimony to suggest that this 
condition in the Society was in any way atypical. 

Mr. McPhedran, who had served on the board 
of directors of another children's aid society before 
moving to the County of Lambton, expressed the gist 
of that testimony when, after noting that Mrs. Harvey 
and Mrs. Wood had testified to such effect, said: 

"...I feel [there] must be a standard- 
ization on a basic orientation process for 
all new board members, probably through a 
legislative amendment, so that when people 
are interested in volunteering their 
services to a children's aid society board 
of directors, then they in effect know, 
once they've been approached, or possibly 
asked to run or stood for election, what is 
going to be involved, because I think most 
people come on with all the best intentions 
in the world and really they're just not 
aware of what they might have to get 
involved with. " 



1448 



Mr. Zwerver expanded upon that somewhat 
when he said: 

"...an orientation manual along v/ith 
appropriate audio visual material should be 
prepared for board members by the Associ- 
ation of Children's Aid Societies, in order 
that new board members understand the 
services, the functions and the legal 
requirements of the society and the 
responsibilities of board members within a 
corporation. . . " 

In support of any course such as I describe 
in the next recommendation the society should ensure 
that each aspirant for election or appointment to its 
board of directors receives, in form suitable for on- 
going use and amendment from time to time, a document 
setting forth in clear language a summary of the sub- 
ject matter of the course. The manual prepared by 
the Ontario Association of Children's Aid Societies 
in 1975, properly up-dated, might usefully serve that 
purpose. 

79, I RECOMMEND THAT all aspirants 

for appointment or election to 
the board of directors of a 
children's aid society he re- 
quired to attend and participate 
in an or ientat ion course conduct- 
ed by the society wherein they 
will be informed and instructed 
as to the objects, purposes and 
duties of the society and the 
function, duties, powers and 
obi igat ions of the members of the 
board of directors as a board, as 
members of the committees of the 
board, as individuals and as 
officers of the corporation. 
Such course is to be developed 
and presented by the personnel of 
the society so as to incorporate 
or reflect local conditions, but 
should contain eleme nt s that are 
common across the province , Each 
course, while d ist inct ive , should 
be based upon material which 



1449 



should be prepared and d istrihut- 
ed by the Ministry or the Ontario 
Association of Children's Aid 
Societ ies , 



1450 



RECOMMENDATION #80 

In the main body of the Report I have 
commented upon what I perceived to be the failure of 
the Ministry to fulfill its statutory duties to and 
in respect of children's aid societies. One aspect 
of that failure was the lack of supervision of the 
activities of the societies and the lack of 
communication by the personnel of the Ministry with 
the boards of directors of the societies as opposed 
to the local director. 

That lack of communication was such that in 
some instances when personnel of the Ministry 
expressed criticism of the operation of a children's 
aid society it was expressed only to the local 
director of that society. The local director was 
then to decide whether or not to inform the board of 
directors of the criticism. 

Mr. Allen testified upon this from his 
perspective as President of the Society. He was 
asked if, on the basis of the experience in Kim's 
case, he thought the Ministry should supervise the 
local children's aid society in its efforts to deal 
with such a case. His replies to that question and 
an associated question were recorded as follows: 

"A. Well I think so. I believe that 
another role is needed here and that is an 
auditing function. It's difficult to say 
what's going to happen in the future but 
I'm sure we're going to have more and more 
cases and our procedures have to be moni- 
tored. The processes involved in making 
decisions, how they're done, the record 
keeping practices, all of these procedures 
are going to have to be attended to 
carefully and so I could see a role here 
increasing perhaps to audit on a random 
basis if nothing else to ensure that 
appropriate practices by an agency are 
being followed and then a report, if such 
was the case, at least on an annual basis; 
if a report was then made available to the 
board of directors and perhaps a 
consultation if there were areas of dis- 
agreement or concern: that process could 
indeed obligate the boards to pay closer 



1451 



attention possibly to what it is they are 
administering and if there are any diffi- 
culties or concerns or shortfalls then the 
local people then might have the impetus or 
motivation to do something about it. I 
think, much as any agency that relies on a 
consumer service, there has to be some 
safeguard I would think from the central 
government. 

Q. OK. Now, tied in then with this 
auditing process I take it that the Board 
has not had any such information available 
to it at the present time as you are 
suggesting for our term. 

A. Not in the written form, no, and no, 
it's much less formal now. We have 
visitations from field consultants and I 
think we feel fairly confident with these 
people, and they interact certainly with the 
staff, and I've come to recognize their 
skills and their judgments, but there is 
not that much that I'm aware of that's 
conveyed in written form and especially 
with respect to performance." 

I gained the impression from the tenor of 
some of the testimony that there was a degree of what 
might be called "professional courtesy" extended by 
personnel of the Ministry to local directors of 
children's aid societies. That was comprised of 
exercise of discretion to choose not to inform the 
board of directors of what were regarded as 
relatively minor negative comments addressed to the 
local director. In that exercise of discretion the 
Ministry's personnel trusted the local director to 
correct the problem or to advise the board of 
directors, as he or she saw fit. 

I am confident that any such exercise of 
discretion was well-motivated. However one is left 
to wonder as to the limits, if any, upon such 
discretion and the criteria to be used by the 
personnel of the Ministry when considering whether or 
not an exercise of such discretion was appropriate. 
Having heard the testimony upon the Inquiry and 
learning the serious results that can flow from 
errors of judgement in the field of child care as in 



1452 



many other fields, it would seem to me to be 
preferable that the Ministry's staff be permitted no 
such latitude of discretion. The board of directors 
of the local children's aid society should know what 
comments are expressed or what observations are made 
in respect of the society and its personnel by the 
personnel of the Ministry. 

The board of directors is responsible for 
and to the Society. It is the board which should 
decide any question of discretion. 

The testimony upon the Inquiry was to the 
effect that the Ministry, commencing in 1978, would 
undertake complete operating reviews of every 
children's aid society at intervals of about five 
years. I have commented upon that earlier in these 
recommendations. Mr. Allen in his testimony 
contemplated annual reviews. His reference to such 
reviews being "on a random basis" seemed to relate to 
the subject matter of the annual review. 

This is another area in which the Minister, 
commencing in 1983, might wish to satisfy himself as 
to the Ministry's achievement of that aim to review 
each society quinquennially . 

It should be noted that the present C hild 
Welfare Act , in paragraph (b) of subsection 2 of 
section 2 Imposes on the Director a duty to "inspect 
or direct and supervise the inspection of the 
operation and records of societies." That is, for 
all practical purposes a re-enactment of paragraph 
(b) of subsection 2 of section 2 of The Child Welfare 
Act in force during Kim's lifetime. It contains no 
direction as to how such inspection or supervision 
shall be carried out. 

The Ministry should acknowledge that its 
duty to inspect includes a duty to report thereon to 
the board of directors of the society so inspected. 
If the Ministry does not so acknowledge, the 
legislation should be amended to force the Ministry 
to make such a report. 

80, I RECOMMEND THAT upon any review 

of the operat ions of a children's 
aid society by personnel from the 
Ministry f the Ministry shall 



1453 



promptly furnish to the board of 
directors of that society a 
written report upon that review 
setting forth the date or dates 
thereof, the purposes thereof, 
the observations thereon, com- 
ment, ass essment and evaluation 
in respect of the observations, 
and the recommendations , if any, 
of those who conducted the review 
and their superiors. If either 
the board of directors or the 
Ministry feel it necessary or 
des irabl e appropriate per sonnel 
from the Ministry shall meet with 
the board of directors of the 
children' s aid society to discuss 
the contents of the written 
report and the implement at ion of 
any recommendat ion , If any such 
report contains any negative 
cr it ic ism of the operat ion of the 
children's aid society the 
Ministry shall ensure that the 
matter is rev iewed again after 
the children's aid society has 
had appropriate time to correct 
any deficiency or error in its 
procedures or operat ions , 



1454 



RECOMMENDATION #81 

One area of concern expressed by many of 
the witnesses related to the inability of the board 
of directors of a children's aid society to evaluate 
the knowledge and skills of its supervisory or 
management personnel and the performance of duties by 
such personnel. 

Implementation of the recommendation that 
social work be granted recognition and status as a 
profession with all that that should entail in the 
way of regulation and discipline of the profession 
should help in removing the difficulty. 

Similarly i mp lementation of the recom- 
mendation that a system for the accreditation of 
children's aid societies be developed should be 
helpful. 

In the event any children's aid society 
were to have concern as to the qualifications of or 
the performance of duties by any management or 
supervisory employee it would be able to request 
assistance to that end from the governing body of the 
profession or from those responsible for 
administration of the accreditation process. 

Even without either of those avenues the 
board of directors of a children's aid society should 
be able to seek assistance from qualified persons. 
One reservoir of appropriate personnel to provide 
that assistance should be the Ministry. Another 
resource group to whom a children's aid society might 
look for assistance is the Ontario Association of 
Children's Aid Societies. 

For what it is worth, I note that in 1978 
the Society chose to look to the Association rather 
than to the Ministry for help in relation to Kim's 
case. I regard that as a mute but sad commentary 
upon the Society's view of what the Ministry might 
have done to help. 

81, I RECOMMEN D THAT the Ministry 

should ensure that there is a 
facility readily available to 
assist and advise the boards of 
directors of children's aid 



1455 



societies in relation to the 
qualif ications of and performance 
of duties by management and 
supervisory personnel of the 
societies. Pending progress 
toward the recognition of social 
work as a profession with a 
g over ning and regulating body 
which may provide such a service 
and pending any system of 
accredit at ion of children's aid 
societ ies which may provide such 
a service, the Ministry should 
provide it or a r range with the 
Ontario Association of Children' s 
Aid Societies to provide it. The 
existence of such a service 
should be made known to the 
boards of directors of each 
children's aid society at ap- 
propriate times, perhaps annually 
shortly af ter the annual meet ing 
of the society. Such a service 
should extend to and be devised 
to deal with any complaint made 
by a member of the public in 
respect of the society or any of 
its supervising personnel , 



1456 



RECOMMENDATION #82 

From impressions I formed during the 
Inquiry it is my belief that children's aid societies 
might benefit from the adoption of a policy of 
appointing and employing local directors and 
supervisory personnel for fixed terms, initially at 
least, of relatively short duration, 

Mr. Lovatt was a long-term employee of the 
Society who was appointed Local Director and from 
then on, so far as the testimony indicated, no real 
consideration was given by anyone to the manner in 
which he fulfilled the duties of that office. 
Certainly there was no recorded assessment or 
evaluation of his ability to continue to perform 
those duties after Mr. Charko's report to the 
Minister which led to the Minister's approval of Mr. 
Lovatt's appointment. Even the contents of that 
report were not revealed to the Society. 

Much the same applied to Mrs. Harvey and 
her tenure as a supervisor. 

It would seem to me to be desirable that at 
pre-determined intervals the performance and ability 
of local directors and supervisors of children's aid 
societies should be reviewed for the clear purpose of 
determining whether or not contracts of employment 
might be extended. 

I would regard this as an adjunct to any 
review of performance during employment and any 
assessment to determine whether or not the incumbent 
has maintained a currently acceptable standard of 
qualification. 

Such a procedure would allow for an orderly 
procedure to terminate or extend employment. It 
would allow the orderly introduction of fresh ideas 
into an organization that might be growing smug, 
self-satisfied and stagnant. 

In the testimony there were suggestions 
that some of the problems within the Society revealed 
by the Inquiry and other investigations, such as by 
the Farina Committee, might have been "inherited" by 
Mr. Lovatt from earlier management. If so, the 
Society was stagnant. Mr. Lovatt had been Local 



1457 



Director of the Society for about ten years before 
the Farina Committee was appointed. That should have 
been time enough to correct whatever problems he 
inherited. 

In the testimony I heard of Mrs. Harvey's 
apparently impressive academic qualifications and her 
long experience. But I also heard of her statement 
that the Society could not benefit from attendance of 
any of its personnel at a seminar for court workers. 
That is a further indication of stagnation and 
reliance upon past records rather than current 
qualification. Every other children's aid society in 
Ontario, with one exception, felt it wise to be 
represented at the seminar. 

From the testimony if appears that workers 
in children's aid societies are mobile and can and do 
move from society to society, or even from and to 
other social agencies, seeking experience, improve- 
ment and advancement in various ways. Term 
appointments to senior positions would not interfere 
with and indeed might encourage such mobility. 
Mobility permits the worker to gain varied experience 
and in turn permits the societies to learn, from the 
new employees, of practices, procedures and experi- 
ences elsewhere which might lead to improvement of 
former practices and procedures perhaps "inherited" 
and unchanged. 

I heard no testimony as to any such policy 
of term appointments and mobility. From the variety 
of positions held by many of the more successful 
social work practitioners who testified it would seem 
there are no problems which are insurmountable. I 
had thought there might be problems in relation to 
retirement pensions, rights of seniority, vacations 
and other benefits of that nature. 

If there be such problems implementation of 
the following recommendation may require the active 
involvement of the Ministry and perhaps even 
legislative enactment. Accordingly, lest there be 
such problems, I couch the next recommendation so as 
to involve the Ministry to attempt to achieve 
uniformity and, if need be, legislative authority for 
such implementation. 



1458 



82 , 



I RECOMMEND THAT the children's 
aid societies^ with the active 
encouragement and involvement of 
the Ministry and the Ontario 
Association of Children's Aid 
Soc iet ies f adopt and implement a 
policy of appointment and 
employment of local directors and 
supervisors for fixed terms with 
provis io ns for the extension of 
any term if the society and the 
appointee so agree du r ing , say, 
the last year or six months of 
the fixed term. 



1459 



RECOMMENDATION #83 

There was substantial testimony to the 
effect that the structure and operational function of 
the committees of the Board of Directors of the 
Society did not satisfy the requirements of The Child 
Welfare Act . 

A portion of Mr. Zwerver's testimony was 
directed to that issue when he said: 

"A. Given the fact that a board of 
directors has the responsibility for the 
overall governing of the societies' 
operations, it's important then to look at 
the structure of the board and how it does 
operate. The Board of the Sarnia 
Children's Aid Society is twenty-seven 
strong. I was concerned in looking at and 
discussing the operation of the Board with 
the Board members, that it did not appear 
to have a well functioning committee 
structure and we've already heard reference 
made earlier in I believe Mr. Heath's 
presentations, about the position or the 
role of committees in the structure of the 
board of directors of children's aid 
societies. In a small society a board 
might, in fact, do most of its committee 
activities in what's called committee of 
the whole where the total board in fact, 
takes responsibility for certain committee 
functions. In a board of twenty-seven 
that's very difficult to do, to provide 
people with the level of information 
required to make them knowledgeable about 
service issues, to deal with policy issues 
that flow out of service concerns. My 
concern was that in fact, there was not in 
the first instance a functioning executive 
committee of the Board as prescribed by the 
Act and secondly, there did not appear to 
be a functioning services committee as 
well. I think it's important to just take 
a look at what the role of committees are 
within the context of a board of directors. 
Board committees, this is also spelled out 
in the handbook on page 15. 



1460 



'Board committees are purely advisory ones 
unless specific authority has been 
delegated to a committee by the board of 
directors . ' 

And in the case of the Sarnia, Larabton 
Children's Aid Society, there are specific 
responsibilities delegated to the executive 
committee under their by-laws, but to no 
other committee, except for the nominating 
committee. But a committee's function is 
to bring the judgement and knowledge and 
interest of a group of interested members 
of the board to bear on one specific aspect 
of the society's operations and then to 
advise the staff in matters where staff 
have a decision making responsibility or to 
advise the board where the subject matter 
involves policy or is beyond the authority 
of the staff. The issue of the executive 
committee I felt was extremely important, 
apart from the fact that it's prescribed by 
the Act and the role of the executive 
committee is fairly clearly established. 
It appeared that a great deal of activity 
probably due to the membership of the 
Board, had to be dealt with by the total 
Board or by the President and sometimes, 
some other senior officers. There was not 
an ongoing meeting of the executive 
committee that could deal with major policy 
and service issues as they occurred or in 
preparation for board meetings and this 
could lead to long board meetings and 
agendas not necessarily being as well fo- 
cussed as they could be. So I recommended 
that a functioning executive committee, 
that would meet on a regular basis, be 
established in order to facilitate the work 
of the Board and this was done. The other 
area related to the services committee. 
Again as outlined in the handbook for board 
members published by the Association, the 
services committee I believe is an 
essential part of the operation of a 
children's aid society, if a board is to be 
kept informed of the service demands and 
the service complexities of the agency and 
to assist the board and senior staff 



1461 



e 



members in all matters related to th 
service problems of the agency. Again al- 
though there had been a services committee 
in operation in the Society for a number of 
years, my understanding and from looking at 
records, it had met infrequently, it's 
activities were not well focussed and the 
level of knowledge about the services of 
the agency among the general Board was not 
as good as I felt it could be and I recom- 
mended that an active services committee be 
established to assist the Board, to assist 
the executive and to assist the senior 
staff in examining the service policies of 
the Society and their implications...." 

I note Mr. Zwerver's reference to some 
matters being dealt with by the Board of Directors as 
a whole or by individuals rather than by the 
appropriate committee "probably due to the membership 
of the Board." That seems to me to be similar to 
testimony of other witnesses as to the lack of inter- 
est among members of the Board. That then relates to 
problems which hopefully may in part at least be 
resolved by assuring that truly interested persons, 
aware of the purposes and functions of children's aid 
societies and of the duties and obligations of 
members of the board of directors of such a society, 
are chosen to form the board of directors of the 
society. 

However members of the board of directors 
are volunteers. Their interest must be maintained. 
Long meetings with little direction or substance 
surely do not sustain interest. There was testimony 
to suggest that that was the case in the Society. 

In my view one aspect of the supervision of 
children's aid societies by the Ministry is to ensure 
that the requirements of the Chil d Welfare Act are 
met. That certainly includes the creation of the 
committees required by the statute or by the 
Regulations made thereunder. But the Ministry should 
not be content to see that those committees exist on 
paper. The Ministry should ensure that they operate 
in a useful and practical way. The Ministry should 
also ensure that other committees which may be nec- 
essary to meet any particular need of the individual 



1462 



children's aid society are also created 
functioning usefully to meet such need. 



a nd 



83 , 



I THEREFORE RECOMMEND THAT the 
Ministry inst itute a prog ramme of 
ongoing review of the structure 
and means of functioning of the 
board of directors of each 
children's aid society. The re- 
view should extend to and include 
the structure and funct ion of the 
committee s of that hoard of di- 
rectors and any other committees 
within the society in which 
members of the board of directors 
part ic ipate or which report di- 
rectly to the board of directors. 
Such reviews should be conducted 
at appropr iate intervals , perhaps 
in conjunction with other 
ministerial reviews or perhaps by 
random attendance of personnel 
from the Ministry at meetings of 
the board of directors. The 
purpose of such reviews should be 
to assist the board of directors 
to establish and maintain a 
useful and f unct ional structure 
of itself and its committees and 
efficient and productive meetings 
of itself and its committees. 
Each review should be followed by 
a written report to the board of 
directors setting forth the 
observations made during such 
review and any appropriate 
recommendations or directions 
arising therefrom to ensure 
compliance with statutory or 
regulatory requirements and, 
hopefully f to ensure that the 
interest of members of the board 
of directors is ma int a i ne d and 
their indiv idual talents are best 
used for zhe benefit of the 
society and the children and 
f amil ies it serves. 



1463 



RECOMMENDATION #84 

After his wide-ranging comment upon the 
need for co-operation which I have mentioned Mr. 
Charko became specific and expressed his opinion as 
follows: 

"...For this reason I think also there 
should be greater consultation on hiring, 
particularly local directors. Presently 
the Ministry might object to certain 
persons to be hired as a local director, 
but if that person has requirements, meets 
the requirements as spelled out under 
regulations of Child Welfare Act, at least 
thirty years of age, has MSW or equivalent, 
he might be hired as local director, but 
that individual might not necessarily work 
together with other Agencies because of his 
personality and so on and we might feel 
that individual is not willing to be 
accountable to the province in certain 
areas. That whole area, I feel there 
should be greater consultation..." 

It would seem that Mr. Charko was 
addressing the situation that would arise if the 
children's aid society proposed to employ as local 
director someone who possessed qualifications which 
would enable the society to appoint that person as 
its local director without reference to the Minister 
and without the apporval of the Minister, but who, 
for whatever reason, was a person whose appointment 
as local director would be objectionable to the 
Minister. 

The position of local director of a 
children's aid society is very important. It entails 
responsibility to the board of directors of the 
society for the administration and enforcement of the 
Child Welfare Act in the geographical area served by 
the society. The position entails powers granted to 
the incumbent by statute. In practice the board of 
directors will rely upon the local director, as its 
most senior employee, for guidance and advice in the 
operation of the society including its relationship 
with the Ministry and with other individuals, groups 
or organizations in the community. In practice too 
the Ministry will have considerable contact with the 



1464 



local director in technical and administrative areas 
including reports, financial statements and budget 
procedures. 

It seems to me that, in the same way that I 
feel the Ministry should inform the local children's 
aid society of the full contents of any report lead- 
ing to the Minister's approval of the appointment of 
a local director, a children's aid society, proposing 
to appoint as local director someone who possesses 
qualifications enabling appointment as local director 
without the Minister's approval, should nonetheless 
refer its proposal to the Ministry for comment, 
particularly as to the suitability of the proposed 
appointee and his or her ability to fulfill the 
responsibilities of the office. 

That is simply a precaution. If the person 
proposed as the local director is not presently an 
employee of the society a reference of the matter to 
the Ministry may provide some further information 
which should be considered in connection with the 
appointment. Such a referral would be useful even if 
the position is to be filled by the appointment of 
someone presently on the society's staff. There was 
considerable testimony as to the inability of a board 
of directors to evaluate the qualifications of its 
local director and his or her performance of the 
duties of the position. I think the same general 
remarks might relate as well to the society's ability 
to evaluate the qualifications and experience of its 
own most senior personnel who might ordinarily most 
likely be considered for promotion to the position of 
local director. 

Bearing in mind the importance of the 
position and that, as was said in testimony, the very 
lives of children depend upon children's aid 
societies, it is my view that it is imperative that 
each board of directors receive as much information 
as possible about any person whom it proposes to 
appoint as its local director. 



If the Ministry 




1465 



society in Ontario. Possibly too the Ministry's 
personnel will have had considerable opportunity to 
form a basis for such comment upon the supervisory 
staff and even some of the subordinate social workers 
of each society, 

I believe strongly in the independence and 
autonomy of the local children's aid societies and 
their boards of directors. They should remain free 
to accept and act upon or to reject and not act upon 
any comment or response by the Ministry in respect of 
any person. But they should ask for and receive such 
comment from the Ministry. The responsibility is 
theirs. They must then make a decision. 

The position of the local director of a 
children's aid society is so important in the society 
and the society's responsibility for the lives of 
children is so great, that the Ministry and its 
personnel must respond fully and freely to each 
children's aid society upon any proposed appointment. 
Fear of civil litigation arising from frank comment 
must be removed. 

84, I THEREFORE RECOMMEND THAT when a 

children's aid society is 
cons idering the appo intment of a 
local director it must, in 
addit ion to any other inqu i r ies 
or invest igat ions it may care to 
make, request comme nt from the 
Ministry upon the professional 
qualifications, job experience 
and general reputation of each 
appl icant or person who is being 
considered for appointment. 
There should be a co r res pond ing 
obi igat ion upon the Ministry to 
respond in wr it ing to each such 
reference in absolute frankness 
and with immunity from any 
liability, civil or criminal, 
prov id ing the response is made 
without malice. That may require 
amendment of the Chil d Wei fare 
A £_t . The response from the 
Ministry would then be one of the 
factors to be considered by the 
board of directors of the Society 
in its del ibe rat ions , 

1466 



RECOMMENDATION #85 

In my view the responsibilities of 
supervisors of social workers employed by children's 
aid societies approach those of the local directors 
of the societies. The boards of directors of the 
societies considering the appointment of such 
supervisors are faced with problems similar to those 
they meet in considering the appointment of local 
directors. The following recommendation is an 
elaboration or enlargement of the immediately 
preceding one. 

85 . I RECOMMEND THAT, when a 

children's aid society is 
cons ider ing the appointment of 
supervisors of its social 
worker s f it must request comment 
Jby the Ministry in respect of 
each person being considered for 
such an appointment. Such 

comment should he upon the 
suitability and ability of each 
person proposed for such 
appointment , The Ministry should 
be obi iged to respond frankly and 
fully in wr it ing with immunity 
from 1 iabil ity of any sort in the 
absence of malice. Any response 
by the Ministry should be but one 
factor in the deliberations of 
the board of directors of the 
society , 



1467 



RECOMMENDATION #86 

I take it as being implicit in what I have 
written that the board of directors of each 
children's aid society should fully investigate and 
inquire about the abilities of persons it proposes to 
appoint to its more senior staff positions. If my 
recommendation as to recognition of social work as a 
profession is implemented and if a regulatory body 
for that profession is created, that regulatory body 
should be consulted about and be able to comment, 
with corresponding immunity, upon any person 
considered for such appointment to a senior social 
work position in any society. It is on that basis 
that I make the next recommendation. 

In the absence of any such governing body 
of the profession it would seem reasonable for each 
children's aid society considering any such 
appointment to seek comment from others, such as the 
Ontario Association of Children's Aid Societies and 
past employers. I am not prepared to recommend that 
any such other be compelled to respond or be granted 
any special or extraordinary immunity from liability 
if he, she or it does respond. 

86, I RECOMMEND THAT, if social work 

is granted legislative recog- 
nition as a prof ess ion and if the 
leg islation estahl ishes a govern- 
i ng body to govern or regulate 
the pract ice of that profession, 
children's aid societies pro- 
posing to appoint anyone to the 
position of local director or 
supervisor of social workers 
must, in writing, inform that 
governing body of each such 
proposal, with the name of each 
person being cons ide red for such 
appointment , The gover ning body 
should be free to comme nt upon 
the suitability of the person 
proposed and his or her ability 
to perform the duties of the 
office* Prov ided the comment is 
given without malice the govern- 
ing body should he immune from 
any liability which anyone might 



1468 



seek to impose upon it for its 
having made the comment. The 
governing body's comment shall be 
a factor to be cons ide red by the 
board of directors of the society 
in its deliberations upon the 
appointment . 



1469 



RECOMMENDATION #87 

In other areas of the Report I have set 
forth portions of the testimony and my comments upon 
the Central Registry for Child Abuse maintained by 
the Child Welfare Branch of the Ministry until 1978. 
I found it to be a useless facade without legislative 
sanction. 

Dr. Bates perhaps expressed the general 
opinion of that Registry when he said: 

"If there is broad spectrum of abuse and 
neglect in our community, why is it that we 
don't see more cases reported to the 
central registry. Now this registry was 
set up in the mid sixties and is located at 
Queen's Park, receives reports from the 
Children's Aid Societies and from those 
reports, we get these statistics and in 
1977, it was I think 1045 cases reported to 
the registry. A great lump from 1976 and 
undoubtedly related to death in our 
province from child abuse that year and 
publicity in the media. But we shouldn't 
have to have deaths to improve reporting. 

It's interesting that some children's aid 
societies do not fill out reports as 
adequately or as quickly as they should and 
therefore the total statistics are lower 
than what they should be in reality. I've 
been told by some workers that they've so 
much paperwork to do that they don't get 
the reports filled out so the Ministry 
doesn't know exactly how many cases are in 
the province and the Ministry will look at 
these figures I'm sure to try to determine 
what amount of resources they need to 
funnel into our society." 

That was really a condemnation of the 
Registry and, indirectly, of the Ministry who, Dr. 
Bates assumed, used the reports to the Registry as a 
basis for some of its purposes. 



But the testimony upon the Inquiry as 
relationship of that Registry to Kim's case w 
ny view absolutely devastating to the enti: 



1470 



concept of the Registry as a vehicle for any useful 
purpose. Not only was it useless to Kim, but it may 
even have been harmful to her in that anyone, not 
aware of what was happening at the Registry as 
revealed by the testimony upon the Inquiry, would 
have been justified in believing that anyone bearing 
the grandiose titles assigned to clerks by the 
Ministry had qualifications as a social worker far 
and beyond those of the clerk who managed the 
Registry and correspondence addressed to and from it. 
The Registry was a useless, perhaps harmful charade. 

Despite reports to that Registry which, on 
the testimony upon the Inquiry, should have aroused 
concern in the minds of those responsible for the 
Registry if they were qualified, responsible and 
experienced social workers with expertise in child 
care and child abuse, the reports from the Society to 
the Registry merited only pro forma responses, if 
indeed any response at all was forthcoming. 

Witnesses in the employ of the Ministry 
acknowledged that during Kim's lifetime the Registry 
was used mainly for statistical purposes. The 
validity of statistics derived therefrom was 
certainly questioned by Dr. Bates. I can recall no 
denial of his testimony by anyone and I choose to 
accept it as being sound. 

The legislation enacted in 1978 gives 
legislative sanction to the Registry. There was no 
■ the operation of the Registry under 
1. 



legislative sanction to 
testimony as to the ope: 
that legislation. 



It would seem to me that the new 
legislation in some ways may be unduly cumbersome. 

Section 52 of the new legislation requires 
each children's aid society to report to the Registry 
all information concerning the abuse of a child 
"after the information is verified in the manner 
determined by the Director [appointed by the Minister 
of Community and Social Services for the purposes of 
the legislation] ." I am unable to find in the 
legislation or the Regulations made thereunder any 
words to assist me in understanding what may be 
necessary to "verify" information. 



1471 



I can think of several bases that might be 
used to establish information as having been 
"verified." The highest standard would be proof 
beyond a reasonable doubt. That is the standard of 
proof generally required to establish guilt in 
criminal or quasi-criminal proceedings. Another 
standard is proof on a balance of probabilities. 
That is the standard of proof generally required to 
establish liability in civil proceedings. 

I am left to wonder which, if either, of 
those standards is to be applied to establish 
verification of information. And by whom is the 
standard to be applied? Is it to be the local 
director of the children's aid society? Is it to be 
some one else in the employ of the children's aid 
society and, if so, who? I can readily imagine 
instances where the social worker or police officer 
directly responsible for the conduct of an 
investigation may have an opinion quite contrary to 
that of his or her superior. 

I recall the confrontation between Mrs. 
Harvey and Mrs. Kirby, Mr. Carter and the two police 
officers in February, 1976. I recall the testimony 
upon the Inquiry that investigation of reports of 
child abuse requires special skills, including 
acceptance of the fact that a mother or a father or 
another friend or relative is capable of abusing a 
child and that children are indeed abused by parents, 
friends and relatives. And I recall Mr. Khattab's 
inability to believe that Jennifer Popen could abuse 
Kim. 

Perhaps neither of the standards I have 
mentioned was contemplated as being applicable to 
"verify" the information. Perhaps all that was felt 
to be necessary was that the person supplying the 
information to the children's aid society had 
reasonable and probable cause to believe that the 
information was correct. Or perhaps all that would 
be necessary would be a suspicion by the investi- 
gative personnel of the children's aid society or 
police force that the child might have been abused. 
Or, accepting the weight of the testimony upon the 
Inquiry, particularly that of Dr. Bates, that persons 
possessing necessary skills and experience can 
accurately predict that a child not yet abused is a 
high risk child, one more likely than others to be 



1472 



abused, perhaps all that would be required would be 
the expression of such an opinion by such a skilled 
person. 

In my view the Registry would be a much 
more useful instrument if its use could be 
incorporated into the programmes which should be 
undertaken by the Ministry and the children's aid 
societies to prevent abuse. It would be regrettable 
if a children's aid society aware of a situation in a 
family which indicates that a child of that family is 
a high risk child could not alert the Ministry and, 
through the Ministry, any other children's aid 
society which at any later time might have contact 
with the family. 

In my view the Registry would be more 
useful if the provision of the 1978 legislation, 
section 49, which imposes upon professional persons 
and officials special duties to report instances of 
abuse were extended in two ways. 

Presently the special duty to report 
relates only to "abuse that may have been caused or 
permitted by a person who has or has had charge of 
the child." That would seem to exempt from the 
special obligation to report abuse caused by a 
sibling or other relative of the child or any person 
living in the same residence as the child and thus 
constituting a source of possible further abuse to 
the child. I see no reason for the limitation of the 
present legislation. 

I appreciate that a medical doctor with the 
skills and experience of Dr. Bates and the facilities 
available to him through a world famous hospital in a 
large metropolitan city might very well be able to 
conduct some investigation to determine that there 
are reasonable grounds to suspect that the abuse 
suffered by a child was caused or permitted by 
someone who had charge of the child. 

But not all medical doctors have such 
skills and experience nor do they have ready access 
to such facilities. They may not be able to conduct 
an investigation thorough enough to enable them to 
conclude that there are reasonable grounds to suspect 
that the abuse of child was so caused. 



1473 



Even Dr. Bates acknowledged the need for 
investigation of incidents or reports of abuse to be 
conducted by persons with special skills and training 
which medical doctors and social workers, for 
example, may not possess. 

Under the present legislation a medical 
doctor, for example, is liable to a financial penalty 
for failure to report abuse of a child which he or 
she has reasonable grounds to suspect was caused or 
permitted by a parent of the child having legal 
custody of that child. But there is no financial 
penalty imposed upon the same medical doctor for 
failure to report abuse of the same child which the 
doctor knows, let alone suspects, was caused by 
another person in the same household, or by a 
relative or neighbour or by a paedophile in the 
community. It would seem that abuse caused in any 
such way is at least as worthy of report as abuse 
caused by a person having charge of the child. 

I recognize that abuse by one having charge 
of the child, such as a day care worker, constitutes, 
in a sense, a breach of the trust of the child and 
perhaps of the parents. But the continuing risk to 
the child may be just as great even though the 
abusing person does not have charge of the child. 

In my view subsection 2 of section 49 of 
the 1978 legislation should be amended by deleting 
the clause "that may have been caused or permitted by 
a person who has or has had charge of the child." If 
the official or professional person is to have a 
special duty to report abuse that duty should relate 
to all instances of abuse however caused. It may 
very well be that, while a medical doctor may 
identify a particular injury as having been caused by 
abuse, it is beyond the professional competence of 
the doctor to establish the identity of the abuser. 

In my view subsection 2 of section 49 of 
the 1978 legislation should not be limited in its 
application, as it now is, to abuse. It should be 
amended to impose upon officials and professional 
persons the special duty to report the existence of 
conditions which lead the official or professional 
person to conclude that the child may be a high risk 
child, a child more likely than others to suffer 
abuse. 



1474 



I would regard the latter revision of the 
legislation as a part of a programme to use 
facilities presently available to identify situations 
of possible danger and thus to seek to prevent the 
situation progressing from one of possible danger to 
one of actual abuse of the child. 

There were a number of suggestions upon the 
Inquiry as to the enlargement of the scope of the 
operation of the Registry. Those suggestions were 
wide ranging. One was that the Registry should be 
structured so as to be able to receive information at 
all times from all sources, not only from children's 
aid societies which have "verified" information they 
have received. It was suggested that if police 
officers, public health nurses, personnel on duty in 
the emergency departments of hospital, social 
workers, teachers, relatives, neighbours, friends or 
strangers observe a situation which arouses concern 
or suspicion they should be encouraged and able 
immediately to report that situation to a central 
repository of such reports. It was suggested that 
while one isolated report of a minor and isolated 
event might not in itself appear to be important it 
might be important if, for example by use of modern 
computer technology, it could be related to one or 
more other reports and then appropriate action could 
be undertaken. 

This is not unlike the expert testimony 
upon the Inquiry as to Kim's injuries. Some of the 
injuries, if viewed in isolation from all others, 
might not appear to have been caused by abuse or to 
be in any way extraordinary. But when all of Kim's 
injuries were viewed with full knowledge of all of 
them the inescapable conclusion was that Kim had been 
abused. 

What happened to Kim is in keeping with the 
expert testimony upon the Inquiry that abuse of a 
child may be progressive. The first injury may be 
minor, succeeding injuries may be more serious and, 
ultimately, the final injury may cause death. That 
was the progression Dr. Singh feared in March, 1975 
and which did come to its sad conclusion in August, 
1976. 

87, I RECOMMEND THAT the Ministry 

proceed to seek revision of the 



1475 



1978 leg islat ion in the follow ing 
ways : 

(a) by enlarg ing the scope of 
the operation of the Central 
Registry so as to permit it to 
receive and record at all times 
from all sources inf o rmat ion and 
reports of child abuse or 
s ituat ions of children apparently 
in need of protect ion because of 
an u nusual risk of abuse. The 
Registry should be equipped to 
record and store any such infor- 
mation or report and to collate 
it with any relevant information 
or report previously received^ 
recorded and stored. The 
Registry should have personnel 
qual if ied to assess and evaluate 
all such information and reports 
and to take appropriate action in 
respect thereof , The appropr iate 
action may be to decide that 
nothing need be done other than 
to receive the information. Or 
it may require the staff of the 
Registry to inform the local 
children' s aid society and police 
force or other authorities 
immediately and then, in due 
time, to ensure that the local 
children's aid society has 
properly responded to the matter 
by invest igat ion and report; 

(b) by amending subsection 2 
of sect ion 49 thereof by deleting 
the clause "that may have been 
caused or permitted by a person 
who has or has had charge of the 
child ; " and 

(c) by amending subsection 2 
of section 49 thereof by extend- 
ing its scope so as to include an 
obi igat ion to report any situa- 
tion which, in the opinion of the 
official or prof ess ional person, 
indicate s that a child is in an 
unusually high risk of being 
abused , 



1476 



Chapter XXXIII 

Collection of Recommendations 



I RECOMMEND THAT all concerned with the 
protection, care and welfare of children 
approach their respective tasks and duties in a 
spirit of voluntary co-operation with one 
another and others so as to ensure the best 
possible service to children and families in 
each community. 



1477 



I THEREFORE RECOMMEND THAT the Ministry seek 
amendment of the Child WeJ^£are_Act so as to 
provide that "abuse" mcTudes a condition of any 
impairment of a child whether it be medical, 
emotional, developmental, psychological, 
psychiatric, educational, social or other. 



1478 



I RECOMMEND THAT the Ministry and children's aid 
societies devise, establish, maintain and 
operate continuing programmes and services to 
prevent or reduce the incidence of child abuse 
in Ontario. The Ministry should maintain an 
ongoing assessment of such programmes and 
services to ensure that they reflect the best of 
current professional opinion and practice. The 
Ministry should not act in isolation, but should 
secure the co-operation, assistance and advice 
of other Ministries of Government and of 
children's aid societies, professional 
associations, institutions and agencies such as 
police, hospitals, physicians, public health 
nurses, schools and social workers, and of 
knowledgeable and interested persons such as Dr. 
Bates and others who offered to serve the 
Ministry in the best interests of children. 
Local children's aid societies should build upon 
the Ministry's programmes to operate local 
programmes to the same end adapted to 
accommodate local conditions. 



1479 



I RECOMMEND THAT the Ministry, clearly in 
writing and by its actions in considering the 
estimated expenditures of children's aid 
societies, affirm its support of programmes by 
children's aid societies intended to seek to 
prevent or reduce the number of incidents of 
child abuse or the risk thereof. It should be 
made clear that during consideration of any 
proposed expenditures submitted to the Ministry 
by a children's aid society for approval 
pursuant to the Ch i_]^d_We J^f^are_A£t. proposed 
expenditures upon preventTve programmes will be 
regarded as being of great importance. 



1480 



I RECOMMEND THAT the Ministry and the children's 
aid societies devise, establish, maintain and 
operate continuing programme to inform the 
public generally of the presence of child abuse 
in Ontario and in our communities and to seek 
the assistance of members of the public in 
efforts to reduce or eliminate the incidence of 
abuse. Such programmes should emphasize that, 
even apart from statutory duty, we, as members 
of the public, owe it to our children and to 
ourselves to report our cares and concerns for 
the safety and well-being of our children and 
thus of our whole community. 



1481 



I RECOMMEND THAT children's aid societies be 
encouraged to devise, develop, maintain and use 
programmes for the productive and fulfilling 
engagement of volunteers and supportive groups 
in the community in the various functions of the 
societies, including functions in relation to 
child abuse generally and in relation to 
specific instances of abuse. Teams of 
volunteers especially selected and trained may 
assist in child abuse matters. In the same way 
that social workers should not be required to 
work in the area of child abuse for lengthy 
periods of time, volunteers should serve on 
child abuse cases for relatively short periods 
of time although I recognize that in some 
instances the exigencies of a case may make it 
necessary or desirable for a volunteer to be 
involved in it for an unusual length of time. 
The Ministry should be prominent in such 
encouragement and should seek whatever amendment 
of legislation or regulations may be necessary 
to authorize and regulate the use of volunteers 
in any way, including those I have mentioned in 
the preamble to this recommendation. 



1482 



I RECOMMEND THAT each children's aid society 
establish and maintain an ongoing programme to 
inform the public of the organization, function 
and activities of the society and of its need 
for continuing support from the community. That 
programme should seek to encourage members of 
the public to become members of the society and 
to participate in its affairs, perhaps as 
members of the board of directors, or as members 
of standing or special committees. The goal 
should be a broad base of community membership 
and support. 



1483 



I THEREFORE RECOMMEND THAT the Ministry seek an 
amendment of the Ch ild We lfare Act so as to 
remove therefrom the requiTrement that any 
municipal representative appointed to the board 
of directors of a children's aid society by a 
municipal council must be a member of that 
municipal council. 



1484 



I RECOMMEND THAT the Ministry, through the 
appropriate processes and procedures of the 
Government of Ontario, seek to ensure that the 
curricula for the education and training of 
persons who wish to enter various professions 
and callings in the Province of Ontario which 
are governed or regulated in any way by any 
Ministry or branch of the Government of Ontario 
contain material upon child abuse sufficient to 
enable the candidates, when graduated or certi- 
fied, to have degrees of knowledge, training and 
skill in relation to child abuse commensurate 
with their relative positions within their own 
professions and callings and in relation to 
other professions and callings. The training 
and education of candidates in each profession 
or calling should emphasize the need for the 
members of that profession or calling to co- 
operate with the members of other professions 
and callings in the entire range of activities 
in relation to child abuse. Those activities 
include the initial detection of the existence 
of abuse or the risk of its possible occurrence 
in the future, the subsequent investigation and 
then the management and treatment of the case in 
all of its aspects. The appropriate Judicial 
Council should be requested to include 
discussion of child abuse in the continuing 
programmes of seminars for judges, particularly 
those who sit in the provincial court (family 
division) and thus are most often most directly 
confronted with problems relating to child 
abuse. Such curricula should be the subject of 
on-going review to ensure that they remain 
current and reflect all developments in 
professional opinions, practices and procedure 
whether caused by legislation, regulation or 
judicial decision or resulting from experience 
with earlier opinions, practices and 
procedures. 



1485 



10. I RECOMMEND THAT each person employed or 
practicing as a social worker or holding himself 
or herself out as a specialist in child abuse in 
any other profession or calling in the course of 
training for which there is a component related 
to child abuse, even though such component may 
have been added to the course of training since 
the graduation or certification of any such 
person, be required to maintain, by continuing 
courses and examinations upon the subject, an 
appropriate level of knowledge and ^kill in the 
light of current law, practice and procedure 
related to child abuse. 



1486 



11. I THEREFORE RECOMMEND THAT the Ministry develop 
and operate an ongoing programme to inform 
members of the public generally and members of 
appropriate professions and practitioners of 
appropriate callings in particular of the 
statutory duty to report information of any 
incident or suspicion of abuse and of the 
importance of such reports to the children's aid 
societies . 



1487 



12. I THEREFORE RECOMMEND THAT the Ministry seek the 
appropriate amendment of the Ch ild Welf ar e Ac t 
so as to make it an offence ror anyone^Eaving 
information about any incident of child abuse or 
suspected child abuse to fail to report such 
information to a children's aid society as 
required by the statute. Anyone found guilty of 
that offence should be liable to a fine not 
exceeding an amount to be prescribed in the 
legislation and which will be large enough to be 
a true deterrent to anyone who is considering 
remaining silent when in possession of 
information which, by reason of the legislation, 
he or she is required to report to a children's 
aid society. There was no testimony to enable 
me to suggest what such a penalty might be, but 
the present penalty of $1,000.00 for persons 
having professional and official duties appears 
to me to be rather modest. 



1488 



13. I THEREFORE ENDORSE AND RECOMMEND the retention 
of the privilege of communications between 
solicitor and client so that a solicitor is not 
required to report any information about abuse 
given by a client who is party to any proceeding 
in which the particular incident of abuse is or 
may be a factor. 



1489 



14. I THEREFORE RECOMMEND THAT the Ministry 
co-operate with the Ministry of Education, the 
Ministry of Colleges and Universities and any 
other appropriate agency, governmental or 
otherwise, responsible for the preparation of 
curricula in schools and other educational 
facilities, to ensure that such curricula 
include adequate provisions for instruction in 
the responsibilities of parenthood. Such 
instruction should be part of the general 
curricula and should be part of every pupil's 
personal course of study in elementary and 
secondary schools. Appropriately advanced 
instruction should be available to all students 
in pos t- s e cond a ry schools, colleges and 
universities. Such instruction should be 
available in adult education programmes. Such 
instruction should include elements relating to 
child abuse. With education and knowledge and 
with the confidence resulting therefrom the 
cycle of abuse may be broken. Children's aid 
societies and multi-disciplinary abuse teams in 
local communities should be encouraged to 
participate in the preparation and delivery of 
such programmes. 



1490 



15. I RECOMMEND THAT the Ministry devise, prepare 
and distribute to children's aid societies and 
similar organizations serving families and 
children materials for training of personnel 
engaged or to be engaged in the detection, 
reporting, investigation and management of cases 
of child abuse and in the protection of children 
from abuse. Those materials should be subject 
to ongoing review and revision to ensure that 
they reflect current policies and procedures and 
any developments resulting from amendments of 
legislation or regulations or from judicial 
decisions. Those materials should be made 
available by the Ministry to other ministries or 
levels of government or agencies and insti- 
tutions for the training of personnel who may be 
called upon by children's aid societies and 
similar organizations to assist in efforts to 
prevent and minimize child abuse and the results 
thereof. The local children's aid society 
should ensure that community child abuse teams 
and the professions, callings, institutions or 
organizations represented thereon have an 
opportunity to receive such training and 
information or the portions thereof relevant to 
their activities. 



1491 



16. I THEREFORE RECOMMEND THAT the Ministry should 
encourage each children's aid society to 
establish an adequate and current library of 
books and audio-visual materials, with 
appropriate equipment, for the use of the social 
workers employed by the society. The Ministry 
should make it clear that reasonable sums of 
such purposes will be approved as part of the 
annual budget process. 



1492 



17. I RECOMMEND THAT every report or instance of 
child abuse be investigated and managed and 
treated by a team or teams of qualified persons. 
The local children's aid society shall have the 
primary responsibility for the creation of the 
team or teams to deal with the various aspects 
of each case. In some aspects of the case the 
team may be comprised solely of employees of the 
children's aid society, but preferably it should 
have representation from such other 
organizations, professions, callings, agencies, 
institutions and authorities as may be necessary 
to provide protection and care to any child 
involved in the particular case. 



1493 



THEREFORE I RECOMMEND that each local children's 
aid society seek to employ social workers who, 
by reason of their special skills and knowledge 
of the languages and customs of the countries of 
origin of persons or families resident in the 
community but who were not raised in Canada, are 
especially qualified to assist in or manage 
cases or reports of abuse involving such persons 
and families. 



1494 



19. I RECOMMEND THAT the Ministry seek the active 
co-operation of other ministries of government 
responsible for the regulation of professions, 
callings, institutions and authorities the 
practice or function of which may in any way 
relate to child abuse so as to ensure the 
establishment and function of multi-disciplinary 
teams. Each children's aid society shall be 
responsible for the institution of proceedings 
necessary for the formation of such team or 
teams as may be required to serve its community 
or communities. Each such team shall develop 
its own practices and procedures recognizing the 
dominant responsibility of the children's aid 
society and the Ministry to protect and care for 
children. It should be made clear that, 
provided it is made for the purpose of the 
team's consideration of a particular case, 
disclosure of information by and among persons 
serving on such a team shall not be nor be 
deemed to be a breach of any confidence that 
might otherwise attach to such information. 



1495 



20. I THEREFORE RECOMMEND THAT each children's aid 
society select from amongst its social workers 
an appropriate number of persons to form the 
society's child abuse team. The social workers 
so selected shall be qualified for such 
assignment by reason of personal aptitudes, 
knowledge, skill and experience especially 
required to deal with all phases of child abuse 
cases. One or more members of that team shall 
be readily available at all times to provide 
service to existing or new cases as required. 
That team shall be assigned to provide service 
to all cases of abuse for which the society is 
responsible. Primary responsibility for an 
individual case will be assigned to an 
individual member of the team after discussion 
of the case by the team. One member of the 
children's aid society's management or super- 
visory staff shall be assigned as the resource 
person to whom the worker primarily responsible 
and the associated team of the society's workers 
may look for support or advice in case an 
emergency arises when normally desirable con- 
ferences cannot be convened, and who also will 
attend such regular conferences in relation to 
the case. Active service upon the team shall be 
rotated among the society's properly qualified 
social workers. Members of the team should be 
assigned to other duties as well. Less 
qualified social workers shall receive in- 
service training with the team so as to attain 
proper qualification and appointment to the team 
in due course. 



1496 



21. I RECOMMEND THAT upon receipt by a children's 
aid society of any report or information 
relating to abuse or suspected abuse of a child 
the children's aid society must forthwith 
commence and diligently complete a thorough and 
orderly investigation. Procedures for the 
conduct of any such investigation should be 
devised by each children's aid society in a 
manner to satisfy or exceed standards therefor 
prepared or to be prepared and maintained by the 
Ministry. Those procedures should entail a 
prompt recording, in permanent form, of 

(1) the source, if known, and the contents of 
the report leading to the investigation; 

(2) the preliminary results of the initial 
investigation; 

(3) the assessment of those preliminary reports 
including such matters as the gravity of the 
case and the need for further investigation 
or other action; 

(4) if further investigation or other action is 
required, the nature and purpose thereof; 
and 

(5) the assessment of the complete investigation 
and its results. 

Like all standards those standards must be the 
subject of on-going review and revision, if 
indicated . 



1497 



22. I RECOMMEND THAT each children's aid society 
shall ensure that an appropriate number of its 
social workers, specially selected on the basis 
of aptitude, knowledge and skills, are specially 
trained to investigate reports and cases of 
child abuse and to report thereon promptly. Any 
such report shall contain the author's assess- 
ment or evaluation of each facet of the 
investigation together with recommendations as 
to what, if anything, might flow from the in- 
vestigation and what further, if anything, might 
be necessary or desirable. Investigation of any 
report or case of child abuse should be entrust- 
ed only to such specially chosen and trained 
investigative social workers who may be assisted 
by other social workers who may be receiving 
in-service training in investigation of child 
abuse. The temporary absence of such specially 
trained investigative social workers should not 
delay the commencement of the investigation. It 
must begin at once with the most qualified 
social workers who are available and who should 
be relieved as quickly as possible. If its com- 
plement of social workers justifies or enables 
it to do so, each children's aid society should 
seek to ensure that the investigative social 
workers are not in direct contact with the 
family during the management and treatment of 
the case after finalization of any court 
proceedings arising from the investigation. 



1498 



23. I RECOMMEND THAT in any instance of abuse or 
alleged abuse which, in the opinion of the child 
abuse team of the children's aid society, should 
be investigated by police officers the 
children's aid society should promptly inform 
the police force responsible for the provision 
of police services to the community and request 
its co-operation to conduct the investigation 
and, if deemed necessary, to gather particular 
information for the assistance of the children's 
aid society in its investigation, management and 
treatment of the case. The police must promptly 
assume conduct of the investigation and 
collection of information and must keep the 
children's aid society fully informed thereof. 
There should be a confidence between police 
officer and social worker to ensure a full 
exchange of information. This may require the 
Ministry to obtain the co-operation and support 
of the Ministry of the Solicitor General. 



1499 



24. I THEREFORE RECOMMEND THAT if a local children's 
aid society lacks personnel qualified and 
skilled in the techniques of investigation of 
child abuse, or if the assignment of its person- 
nel to investigation of an incident or report of 
abuse may diminish the society's ability to deal 
with other facets of the case, or if the nature 
of the case is such that it is necessary or 
desirable that the police be informed of it, the 
society should enlist the assistance of the 
local police force to conduct the investigative 
phase of the case. In such an instance the 
assistance should be given upon the pre-arranged 
understanding that, despite what may be revealed 
upon the investigation, criminal or quasi- 
criminal charges will not be laid if they might 
prevent or hinder the successful attainment of 
an overall satisfactory conclusion to the case 
in the best interests of the child, the family 
and the community. 



1500 



25. I RECOMMEND THAT those assigned to investigate 
instances or reports of abuse be aware of the 
use to which the results of that investigation 
might be put. To that end those who conduct 
such investigations will require special 
training to make them aware of the various 
matters in respect of which they must seek 
information. In brief they should be trained to 
prepare a psycho-social history of the family. 



1501 



26. I FURTHER RECOMMEND THAT in every incident in 
which abuse of a child has been caused or 
permitted by a member of that child's family the 
investigation into the abuse must be probing, 
broad and comprehensive. It must seek to obtain 
information to enable those who must make 
decisions as to the future care and well-being 
of that child to make correct and valid 
assessments or diagnoses of the various factors 
in the case and thus to make appropriate 
decisions. 



1502 



27. I THEREFORE RECOMMEND THAT those responsible for 
the investigation of any report or incident of 
abuse be instructed specifically to make special 
inquiries and investigations to determine 
whether or not the child involved is, for any 
reason, one of any class or classes of children 
who may be high-risk children, children more 
likely than others to be abused. The 
investigators will require special training in 
this area, particularly in relation to the 
factors which are subjective in nature. 



1503 



28. I THEREFORE RECOMMEND THAT those responsible for 
the investigation of any report or incident of 
abuse be instructed specifically to make special 
inquiries and investigations to determine 
whecher or not one or both of the parents is or 
are inappropriate or inadequate in any way, 
whether physically, mentally, developmentally , 
emotionally or otherwise. This too is an area 
in which the investigators will require special 
training and instruction. 



1504 



29. I THEREFORE RECOMMEND THAT in every instance of 
abuse or suspected abuse those who conduct the 
investigation, whether they be personnel of a 
children's aid society or police officers, 
should ensure that the child is examined by a 
medical doctor, preferably one with special 
training in paediatrics and abuse and preferably 
in a proper facility for such examination, such 
as the doctor's own examining room or in a 
hospital. The examination should not be limited 
to a physical examination, but should include 
such other tests or examinations as the 
examining doctor may deem necessary to ascertain 
the development of the child and any impairment 
which may have been suffered. The medical 
doctor should be requested to express an opinion 
as to the likelihood that any injury or 
condition discovered upon such examination re- 
sulted from abuse of the child. If possible the 
parent or parents of the child should be present 
or available to give, if he, she or they wish, 
any explanation or supposed explanation for the 
injury or condition. Failing attendance of the 
parent or parents the investigators should 
inform the doctor or other person conducting the 
examination of any explanation given for the 
presence of the injury or condition. The 
medical doctor or other consultant should be re- 
quested to express an opinion as to the validity 
of any explanation in relation to the injury or 
condition discovered upon the examination. 



1505 



30. I THEREFORE RECOMMEND THAT the Regulations made 
under the Child Welfare Act be amended as 
follows : 

1. to define the meaning of the expression 
"child in care" so as to make it clear that the 
expression includes a child from the moment of 
apprehension of the child by the society or from 
the moment of any voluntary delivery up of the 
child to the society or from the moment of any 
order or agreement committing or placing the 
child to or in the care and custody of the 
society, whichever comes first, until the 
expiration of any such apprehension, delivery, 
order or agreement and any extension thereof. 
It should be clear that the child remains in the 
care of the society if the child is residing 
physically or visiting the family home prior to 
such expiration; 

2. to require the children's aid society to 
provide medical and dental examinations and 
treatment of an abused child as soon as 
practicable after the child comes into the 
society's care and thereafter not less 
frequently than annually while the child remains 
in the care of the society with the provision 
that if, while in care, the child is returned to 
the family home the society shall provide such 
examinations not less frequently than bi-weekly 
for at least three months after the child's 
return home and thereafter shall provide such 
examinations as often as the child abuse team 
and the medical and professional advisors of the 
society may advise in keeping with good practice 
of child welfare; and 

3. to require the children's aid society to pro- 
vide for such medical, emotional, developmental, 
psychological, educational, psychiatric and 
other assessment and treatment of an abused 
child in the care of the society and after the 
child's return home as the child abuse team and 
the medical and professional advisors of the 
society deem desirable or advisable in keeping 
with good practice of child welfare. 



1506 



31. I RECOMMEND THAT the Ministry, through 
appropriate procedures, seek amendment of the 
Child Welfare Act so as to give a judge, hearing 
a matter thereunder in relation to a child who 
has been abused or found to be a child in need 
of protection, the specific authority to require 
the parents of that child or any person in loco 
parentis to that child or any person residing in 
the same home as such parents or person in loco 
parentis to the child to be examined physically 
and otherwise as the judge may direct for the 
purpose of determining whether the child might 
be at some unusual risk if left or returned to 
live in that home. 



1507 



32. I THEREFORE RECOMMEND THAT the Ministry seek 
further amendment of section 29 of the Ch^^J^d 
Welfare Act so as to empower the court to make 
a~n order thereunder at any stage of an 
application to the court to determine whether 
the child is a child in need of protection. 



1508 



33. I RECOMMEND THAT each children's aid society 
develop a procedure and practice whereby 
appropriate conferences of its personnel and 
others will be convened to consider all relevant 
factors and then to make decisions in respect of 
each case of child abuse. Decisions may relate 
to the assignment or transfer of responsibility 
for performance of duties or may relate to any 
stage or phase of the investigation, planning, 
management or treatment of the case. The 
requirement for such conferences should be 
clearly expressed in the society's manuals of 
practices and procedures. The Ministry should 
assist each children's aid society in this 
effort. 



1509 



34. I RECOMMEND THAT each children's aid society in 
its manual of practices and procedures set forth 
the need for planning and completing the 
transfer of responsibilities for a case within 
the society. The manual should be clear and 
precise and set forth what is required and 
expected of each supervisor and worker involved 
in the transfer. It should stress the concern 
that service to and relationship with the 
particular family and every other family which 
might be affected by the transfer should be 
disrupted to the least extent possible. It 
should stress the need for the permanent records 
of the case to contain a resume of the reason 
for the transfer and what was done to effect it 
and how it was accomplished together with 
appropriate comment and assessment. 



1510 



35. I RECOMMEND THAT each children's aid society 
develop and maintain an internal information 
system capable of enabling the administrative, 
supervisory and management personnel of the 
society to know at all times the status of every 
current case in the society. This is especially 
so in relation to serious matters requiring 
service by the society over an extended period 
of time. 



1511 



36. THUS I RECOMMEND THAT each children's aid 
society ensure that its social workers are in- 
structed in the art of preparing and recording 
reports for the files of the society and that 
those workers receive in-service training and 
instruction therein. Such instruction should 
emphasize that the recording should be more than 
mere administrative reporting of what was 
observed without any expression of opinion, 
judgement, assessment or evaluation thereof and 
expression of the perceived significance thereof 
to the overall plan for management of the case. 
The recording should contain reference not only 
to what has been observed, but also to what 
appears to be missing and what is desired or 
needed to enable the overall plan to be develop- 
ed and implemented to successful conclusion. 
The policies and procedures developed or adopted 
by children's aid societies for the management 
and treatment of cases of abuse should require 
each worker having any contact or involvement 
with the case to record promptly the time and 
nature of such contact or involvement and his or 
her observations, if any, upon each such contact 
or involvement and to express an opinion as to 
the nature of the case upon the basis of those 
observations. Each children's aid society 
should develop and insist upon adherence to a 
system to ensure that a social worker's notes 
are prepared promptly, transcribed promptly and 
correctly, and then, in effect, confirmed, as 
corrected or revised if need be, promptly by the 
social worker and then acknowledged by the 
appropriate supervisor. The system for the 
preparation of recordings should form part of 
the manual of the practices and procedures of 
the society. The procedures of each children's 
aid society should ensure the original accuracy 
of all recordings and that they are not later 
altered or tampered with. The Ministry's 
supervision and inspection procedures should 
contain elements to that effect. 



1512 



37. I THEREFORE RECOMMEND THAT, as part of any plan 
to return a child to his or her home after an 
incident of real or suspected abuse, the 
children's aid society should arrange for the 
complete medical examination of the child 
immediately prior to the date of the return and 
and for frequent complete medical examinations 
of the child after such return. The medical 
examinations should be conducted by a physician 
retained by the children's aid society. The 
first such examination after the return should 
be within two weeks of the return and subsequent 
examinations should be at intervals of not more 
than two weeks unless the child abuse team of 
the society, in conference with the examining 
physician, determines otherwise. All such 
examinations should be conducted in a hospital 
or in the office of the examining physician, in 
that physician's discretion having regard to the 
facilities required. The examining physician 
should be expressly authorized in his or her 
discretion to release information about the 
child's health to the physician who is the 
family doctor. Any such medical examination 
should include such tests as the examining 
physician may deem necessary to determine the 
child's development and any impairment thereof. 



1513 



38. I RECOMMEND THAT the child abuse team of each 
children's aid society, as a part of its 
programme to manage and treat a child abuse 
case, establish and maintain an ongoing 
relationship with the physician who provides 
medical services to the child's family as the 
family's doctor. If the children's aid society 
engages another physician to provide medical 
services to the child it should instruct and 
authorize that physician to obtain the child's 
prior medical records from the family physician 
and other sources and, if the child is to be 
returned to the family home, to supply to the 
family physician the child's medical records for 
the period during which the child was in the 
care of the society. That exchange of 
information may lead to the family doctor's more 
easily recognizing situations of risk for or 
abuse to the child and thus to earlier and more 
beneficial report thereof to the children's aid 
society. 



1514 



39. I RECOMMEND THAT the child abuse team of each 
children's aid society, as a part of its 
programme to manage and treat a child abuse 
case, maintain an ongoing relationship with 
those who, in any way, have assisted or may 
assist the children's aid society in relation to 
the case. Among such persons I would include 
anyone who had reported the case or the 
suspicion of abuse to the children's aid society 
or who willingly co-operated with the society in 
the provision of assistance or information. If 
for no reason other than common courtesy, they 
should be aware of the result of their reports 
or actions. More importantly they may be a 
means of preventing any recurrence of abuse, 
perhaps by keeping the society aware of any 
unusual circumstances or observation or perhaps 
merely as a result of the parents' knowing from 
testimony or otherwise that persons in the 
community are concerned about the welfare of the 
child. They are more eyes and ears of the 
society in the community. 



1515 



40. I RECOMMEND THAT the Ministry, through 
appropriate channels of government, seek to 
obtain an amendment of the Child Welfare Act so 
as to provide that, in any instance where a 
child removed from the family home has been 
found to be a child in need of protection 
because of abuse or because of conditions in and 
about the family home which may constitute an 
unusual risk for the child and has been placed 
in the care and custody of a children's aid 
society, the child may not be returned to the 
family home prior to the expiration of the order 
placing the child in care of the children's aid 
society except by an order of a judge made on 
application and upon notice to such persons as 
the judge may direct. The judge should be 
empowered by the Child Welfare Act to impose 
such terms upon the return of the child as the 
judge deems necessary to protect the child. 



1516 



41. I THEREFORE RECOMMEND THAT when a child who has 
been removed from the family home as a child in 
need of protection is returned to the family 
home the children's aid society should be 
especially vigilant and alert in its supervision 
of the child's care in the family home during 
the period immediately following the child's 
return. The children's aid society should be 
alert to the possible effect upon the child's 
care resulting from other events occurring at or 
about the time of the child's return. That 
period of especially close supervision should be 
not less than three months. 



1517 



42. I RECOMMEND THAT if a children's aid society 
learns of the return or proposed return home of 
a child after lengthy absence from the home even 
for reasons not related to abuse, the society 
should ensure that every possible effort is made 
to assist and support the child's parents in the 
re-introduction of the child to the home. This 
would be a part of the society's programme of 
prevention of abuse. 



1518 



43. I RECOMMEND THAT co-operation between public 
health nurses and social workers employed by 
local children's aid societies should be 
regulated by formal documents setting forth the 
need for and the basis of such co-operation. 
Children's aid societies should seek the active 
assistance of public health nurses as a means of 
observing conditions in any home in which a 
child, about which a children's aid society is 
concerned in any way, resides. Public health 
nurses must inform local children's aid 
societies of any circumstance which causes them 
to have any fear that a child might be in some 
danger of abuse even though there be no physical 
evidence of abuse. Public health nurses must 
assist local children's aid societies when re- 
quested and, by appropriate legislation, should 
be specifically authorized in the performance of 
their general duties in or about the home or 
family of any child to physically examine the 
child if the children's aid society has 
expressed any suspicion or concern that the 
child may be in any danger of abuse. 



1519 



44. I THEREFORE RECOMMEND THAT the Ministry seek 
appropriate amendment of the Child Welfare Act 
to authorize or empower a judge, upon an 
application under that statute, to order and 
direct that public health nurses be given free 
access to any child named in such application 
for the purpose of examining such child as one 
means of ascertaining whether or not the child 
has been abused and/or as a means of preventing 
abuse to the child and supervising the care of 
the child. 



I 



1520 



45. I RECOMMEND THAT each children's aid society 
make arrangements to have legal services 
available to its personnel engaged in child 
abuse matters. If reasonably possible those 
services should be available at all times to 
meet emergency situations in such cases. The 
social workers of each children's aid society 
must be made aware of those arrangements and 
encouraged to avail themselves thereof in every 
instance. Procedures governing the handling of 
cases or reports of abuse should provide that, 
except in cases of emergency where full 
conferences are not practical, decisions to use 
or not to use such legal services should be made 
at conferences of the appropriate team or teams 
of workers and duly recorded as part of the 
permanent record of each case. If any court 
proceedings arise as a result of any instance of 
abuse the children's aid society must be 
represented by a solicitor even if the 
proceedings are unopposed. 



1521 



46. I THEREFORE RECOMMEND THAT the Ministry 
establish and maintain a system whereby local 
children's aid societies shall have immediate 
access at all times, twenty-four hours a day, to 
advice and assistance from social workers 
skilled and qualified in all aspects of child 
abuse cases. In addition to such a system the 
Ministry should establish and maintain a group 
of social workers, especially highly trained in 
the investigative phases of abuse cases, so as 
to enable one or more of such workers to attend 
in a local community, promptly upon the request 
of the local children's aid society, to 
investigate any incident or allegation of abuse 
and to pursue any court proceedings which might 
ensue. Depending upon the nature of such court 
proceedings the local Crown attorney or the 
solicitor for the local children's aid society 
shall be instructed to present the material in 
court. 



1522 



47. I FURTHER RECOMMEND THAT the Ministry's person- 
nel conducting any such investigation, while 
having authority and responsibility for the 
conduct thereof, shall generally recognize the 
valid concerns of the local children's aid 
society for the eventual and long-term success 
of the management and treatment of the case. To 
that end the Ministry's personnel shall keep the 
local children's aid society fully and promptly 
advised of what has been revealed by the 
investigation. They should seek to obtain 
information required or desired by the society 
for its purposes in managing and treating the 
case. In similar vein the local children's aid 
society shall keep the Ministry's personnel 
advised of the society's plan or programme for 
the management and treatment of the case and the 
rationale therefor. In the event of any 
difference of opinion between the Ministry's 
personnel assigned to the case and the personnel 
of the local children's aid society, the matter 
should be resolved by more senior personnel of 
the Ministry whose decision should be the 
determination of the issue as between the 
Ministry and the local children's aid society, 
provided however that, if either party feels it 
necessary or advisable so to do, the question 
may be raised before the judge sitting in the 
court hearing the matter who may take the 
difference of opinion into consideration in 
determination of the main issue or issues in the 
proceedings . 



1523 



48. I RECOMMEND THAT the Ministry establish and 
maintain a cadre or roster of experts in the 
field of child care, and particularly the 
detection, investigation, assessment, management 
and treatment of child abuse, thus including 
representatives from a number of professions, 
disciplines and callings, sufficient to enable 
it to provide prompt assistance by qualified 
persons to any children's aid society needing 
assistance. Such cadre should be composed of a 
sufficient number of such qualified persons as 
may be necessary to ensure that the person or 
persons with the skills and experience required 
in the particular circumstance will be quickly 
available to provide the necessary assistance, 
including physical attendance. A senior member 
of that cadre should always be available for 
consultation with the local children's aid 
societies and to assign responsibilities to 
appropriate members thereof, including authority 
to travel. 



1524 



49. I RECOMMEND THAT the Ministry establish and 
maintain a list of persons employed or prac- 
ticing in Ontario who possess special skills or 
knowledge and whose advice or assistance might 
be made available on some basis to assist a 
local children's aid society or multi- 
disciplinary team in a particular case requiring 
the application of special skill or knowledge. 



1525 



50. I RECOMMEND THAT, while the local children's aid 
societies have primary responsibility for the 
care and protection of children residing within 
the geographical areas served by the societies, 
the Ministry must assert and acknowledge that it 
has an overriding and superior responsibility 
for the care and protection of all children in 
Ontario. To that end the Ministry should ensure 
that it always has sufficient resources of 
personnel, equipment and funds to enable it to 
perform its duties and obligations to children. 



1526 



51. I RECOMMEND THAT the Ministry seek amendment of 
the Child Welfare Act and the Regulations there- 
under to provide that, for the purposes thereof, 
social work is a profession to be practiced only 
by persons possessing suitable academic 
qualifications and membership in a professional 
association to be created under the statute and 
to possess powers to regulate the practice of 
the profession including appropriate powers to 
establish standards of qualification for 
membership, competence and ethics and to impose 
penalties for failure to maintain qualification, 
for incompetence or for breach of ethics. Only 
members of the profession shall be entitled to 
be classified as social workers for the purposes 
of the Child Welfare Act, 



1527 



52. I THEREFORE RECOMMEND THAT the Ministry seek 
amendment of the Ch i^l^d_We J^f^are Act and the 
Regulations made thereunder to provide; 

1. that all persons entering the profession of 
social work for the purposes of child welfare 
after a date to be fixed by the Minister shall 
have successfully completed a course in social 
work at a school of social work that is a member 
of the National Committee of Canadian Schools of 
Social Work of the Association of Universities 
and Colleges of Canada; 

2. that persons who have served children's aid 
societies as social workers since a date to be 
fixed by the Minister shall be entitled to 
continue to do so provided they successfully 
complete courses as required or prescribed by 
the governing body of the profession and 
approved by the Minister; 

3. that members of the profession maintain 
satisfactory standards by successfully 
completing courses or examinations prescribed 
from time to time by the governing body of the 
profession and approved by the Minister. 



1528 



53. I FURTHER RECOMMEND THAT the practices and 
procedures of each children's aid society 
provide that cases of abuse shall be assigned 
only to a worker or workers who have success- 
fully completed special courses upon abuse 
prescribed by the governing body of the 
profession and approved by the Minister. If no 
such worker is on the staff of the society it 
shall seek and receive appropriate assistance 
from the Ministry. 



1529 



54. I RECOMMEND THAT the Ministry, in clear and 
unequivocal written language understandable to 
everyone, even those who have no experience in 
writing, reading or understanding official 
documents, affirm to children's aid societies 
and their boards of directors, local directors 
and social workers that, in the planning for and 
the management and treatment of any case of 
abuse, no major decision is to be made on the 
basis of the society's financial position. The 
decision to apprehend the child or to leave him 
or her in the family home and the decision to 
retain the child in the physical control of the 
society or to return him of her to the family, 
with or without supervision, would certainly be 
major decisions. The child's very life depends 
upon each of those decisions. The Ministry 
should equally clearly state its willingness to 
give favourable consideration to requests for 
additional funds to support correct decisions 
which might otherwise over-tax a society's 
financial resources. 



1530 



55. By way of extension to the immediately preceding 
recommendation I RECOMMEND THAT each children's 
aid society, again in similarly clear and 
unequivocal written language, inform all of its 
social workers of the Ministry's affirmation of 
that position and the society's intention to 
adhere thereto. 



1531 



56. I RECOMMEND THAT the Ministry ensure that no 
child who has been abused or is in danger of 
abuse be at a disadvantage in relation to 
protection and care by reason of the location of 
that child anywhere in Ontario. The Ministry 
should ensure that each children's aid society 
have or have readily available to it the 
personnel and facilities to ensure that the 
child is not at any such disadvantage. If local 
conditions make it unreasonable for a children's 
aid society to have such personnel and 
facilities or to have them readily available, 
the Ministry must provide such personnel and 
facilities or make them available for the child, 
but they need not be in the same community as 
the child's home. 



1532 



57. I RECOMMEND THAT the Ministry establish and 
maintain, possibly in co-operation with the 
Ontario Association of Children's Aid Societies, 
an ongoing programme to select and train social 
workers who may aspire to positions of 
responsibility as supervisors or local directors 
of children's aid societies. Successful 
completion of any course developed and presented 
as part of such a programme should be required 
of anyone seeking appointment to or employment 
in such a position. As mentioned elsewhere 
among these recommendations in other areas the 
programme should contain provision for 
facilities to enable persons who have achieved 
such positions to keep themselves aware of new 
or current developments and trends in relation 
thereto. The local children's aid societies 
should be assisted and encouraged by the 
Ministry in making it possible for appropriate 
members of their personnel to attend such 
courses . 



1533 



I RECOMMEND THAT the Ministry continue its 
programme of establishing standards to be met by 
children's aid societies in all areas of service 
to children and families, particularly in rela- 
tion to the protection of children from abuse. 
Those standards should be subject to ongoing 
study and revision by the Ministry's personnel 
in the light of the experience of the Ministry 
and children's aid societies with those 
standards. The Ministry should affirm its 
desire and willingness to receive and consider 
comment upon its previously published standards 
and recommendations with a view to revision 
thereof if necessary or desirable. The Ministry 
should ensure that copies of these standards are 
made available to every children's aid society 
and, through each children's aid society, to 
each social worker in the employ of that 
children's aid society. The Ministry should 
maintain a service to ensure that every 
children's aid society and every social worker 
in the employ of the children's aid societies is 
advised of any revision of the standards. The 
standards should be accompanied by explanatory 
and supporting material and, particularly for 
the supervisory employees of the children's aid 
societies, materials to be used by supervisory 
personnel during instruction or training of 
subordinate personnel in relation to the 
standards. Each children's aid society shall 
ensure, by adequate instruction and training of 
its personnel in relation to the standards and 
by adequate supervision of the work of each of 
its social workers, that the standards of 
service established by the Ministry are met or 
exceeded. The Ministry in its turn shall 
ensure, by adequate supervision and inspection 
of each children's aid society, that such 
standards are met or exceeded. The Ministry 
shall furnish to the president and local 
director of each children's aid society a 
written report upon any such supervision and 
inspection. 



1534 



59. I RECOMMEND THAT the Ministry ensure that the 
intention of the authors of the Garber Report as 
expressed in their recommendation numbered 4, be 
fulfilled and that standards be established, 
kept current, published and enforced so that 
there will be uniformity in the bases and 
criteria employed by children's aid societies in 
preparing their own records in respect of child 
abuse cases or reports and in preparing reports 
thereon to the Ministry or other authorities. 



1535 



60. I RECOMMEND THAT the Ministry take all 
appropriate and necessary steps to ensure that 
accreditation of public hospitals will require 
or involve such hospitals to meet or exceed 
specified standards for actions to be taken, 
procedures to be followed and reports to be made 
by the personnel of such hospitals, including 
medical practitioners enjoying any privilege 
therein, in any instance of abuse or suspicion 
of abuse or professional opinion of any of the 
hospital's personnel qualified to express such 
an opinion that the child, even from birth, will 
be a high risk child. Such actions and 
procedures shall include participation in the 
discussions and decisions of any multi- 
disciplinary team of persons formed or requested 
by a children's aid society to assist in any 
phase of the investigation, management or 
treatment of any case of child abuse. 



1536 



61. I RECOMMEND THAT the Ministry, in co-operation 
with other appropriate ministries of government, 
ensure that physicians and nurses, in private 
practice or in the employ of public hospitals or 
public health bodies who provide care, whether 
pre-natal or both, to mothers and children 
receive special training to enable them to 
detect, recognize and assess any matter which 
might indicate that any child, even a new-born 
child, may be a "high-risk" child. Hospitals 
and public health bodies should provide 
in-service training on such matters to doctors 
and nurses on their staffs or enjoying any 
privilege in their facilities to ensure that 
they remain current. Such training should 
emphasize that if a doctor or nurse, having 
recognized the presence of any such matter, 
should form the opinion that a child may be a 
"high-risk" child he or she is, by the Chi^l_d 
Welfare Act , required to report such opinion and 
the information or observations on which it is 
based to a children's aid society. 



1537 



62. I RECOMMEND THAT the Child Welfare Act be amend- 
ed to ensure that no action for making the 
report shall be instituted against any doctor or 
nurse who reports to a children's aid society 
that in his or her opinion a child may be in 
need of protection although there is no "hard" 
evidence of abuse of the child or the child's 
need for protection, provided the report is not 
made maliciously and the opinion is not 
expressed maliciously. 



1538 



63. I THEREFORE RECOMMEND THAT as part of its 
practices and procedures each children's aid 
society establish a process whereby any one or 
more of its social workers, concerned about the 
propriety or correctness of any decision made or 
proposed to be made in any case, may, without 
fear of reprisal and without appearing to 
threaten the authority or position of the team 
of social workers, the supervisor or the local 
director, as the case may be, bring the case and 
the particular decision to the attention of a 
supervisor, the local director or the board of 
directors, as the case may be, for review and 
determination. In the same vein the practices 
and procedures of each children's aid society 
should enable each employee to have a means of 
ensuring that full information about any case is 
available to any supervisor or the local 
director or the board of directors. 



1539 



64. I RECOMMEND THAT each children's aid society 
should employ or retain the services of one or 
more solicitors, preferably with training or 
experience in relation to family law, child 
welfare and child protection and with skills of 
advocacy. The advice of such a solicitor should 
be immediately available to the society's social 
workers at any time in relation to any report or 
instance of abuse or suspected abuse. The 
society's social workers should be required to 
consult with such a solicitor at appropriate 
stages of the investigation of such report or 
instance of abuse and subsequently in relation 
to any decision to be made during the management 
or treatment of the case including court pro- 
ceedings of any sort. The solicitor should be 
advised of all conferences in relation to the 
case whether within the children's aid society 
or elsewhere, such as at the community child 
abuse team, and the matters to be discussed 
thereat. The solicitor should be required to 
attend such conferences if, in his or her 
opinion, the subject matter may involve matters 
of law or procedure, or if any social worker 
participating in the conference requests that 
the solicitor attend. All of that should form 
part of the society's manual of practices and 
procedures . 



1540 



65. I RECOMMEND THAT counsel employed or retained by 
the children's aid society in respect of any 
report or instance of child abuse should esta- 
blish and maintain liaison and co-operation with 
the Crown attorney and police to determine 
whether or not, in relation to the matter, any 
charge, under the Crimin al Cod e, the Ch^ld 
Welfare Act or any other statute, is contempla- 
ted by the Crown attorney or police or, in the 
light of information available to the children's 
aid society, should be considered. In the event 
any such charge is laid counsel for the 
children's aid society should co-operate with 
the Crown attorney to ensure an orderly and 
complete investigation and then, if required, an 
efficient procedure in court to complete all 
matters including the prosecution of any such 
charge and any application which the society may 
make in respect of the care of the child. That 
duty to co-operate corresponds to the duty of 
the Crown attorney and police to co-operate with 
the children's aid society as set forth in a 
subsequent recommendation. 



1541 



66. I RECOMMEND THAT, if a charge under section 40 
of The Child Welfare Act be laid by the police, 
a children' s aid s^c iety or a private 
complainant, the Crown attorney be advised 
forthwith and thereafter the Crown attorney 
shall be responsible for the conduct of the 
prosecution of any such charge or for staying or 
withdrawing it. The justice before whom any 
person appears for the purpose of swearing an 
information alleging the offence should be 
responsible for ensuring that the Crown attorney 
is so advised. That latter may require the 
Ministry to obtain the co-operation of the 
Ministry of the Attorney General. 



1542 



67. I RECOMMEND THAT the Crown attorney, if not 
accepting the responsibility himself or herself, 
assign one solicitor employed or retained by the 
Crown attorney to have full responsibility for 
the conduct of the prosecution of any charge 
under section 40 of The Child Welfare Act. 



1543 



68. I RECOMMEND THAT the police, as well as the 
Crown attorney or solicitor responsible for the 
conduct of the prosecution of a charge under 
section 40 of The Child Welfare Act , immediately 
establish and maintain liaison and co-operation 
with the local children's aid society. One 
purpose of such liaison would be to discuss and 
to determine whether or not an application 
should be made in court for an order declaring 
the child to be a child in need of protection 
and, if such an application should be made, by 
whom and by what process. That liaison and 
co-operation should involve all phases of the 
two proceedings, whether or not they are joined, 
and should continue until both are completed. 
That duty to co-operate corresponds to the duty 
of the children's aid society to co-operate with 
the Crown attorney and police which is set forth 
in a preceding recommendation. This will 
involve the co-operation of the Ministry of the 
Attorney General and the Ministry of the 
Solicitor General with the Ministry. 



1544 



69. I THEREFORE RECOMMEND THAT the Ministry, through 
appropriate channels of government, seek to 
ensure that the Crown attorney in each county 
and district in Ontario be provided with 
sufficient funds to ensure that personnel and 
facilities are available to each such Crown 
attorney to enable implementation of 
recommendations in this Report requiring the 
involvement of the Crown attorney. 



1545 



70. I THEREFORE RECOMMEND THAT the Ministry, the 
Ontario Association of Children's Aid Societies 
and the children's aid societies in Ontario 
maintain an ongoing survey of proceedings under 
the Child Welfare Act in the provincial courts 
(family division) to ascertain whether or not 
any inadequacy in the facilities of those 
courts, including the numbers of judges ap- 
pointed thereto, contributes to any unreasonable 
delay in the hearing and disposition of such 
proceedings particularly those involving alle- 
gations of child abuse or children apparently in 
need of protection. If such survey should 
indicate that there is, in any such court in any 
county or district, unreasonable delay in such 
matters because of any inadequacy of the court's 
facilities, the Ministry, through appropriate 
procedures of government, should seek to ensure 
that the facilities of that court are improved 
so as to prevent any such delay. 



1546 



71. I RECOMMEND THAT in all proceedings under the 
Child Welfare Act it should be incumbent upon 
the court in which the proceedings are conducted 
to determine whether separate legal represen- 
tation is necessary or desirable to protect the 
interests of the child who is the real subject 
matter thereof. If the court determines that 
such representation is necessary or desirable it 
shall direct that it be provided. In making 
that latter determination the court should hear 
submissions, with or without testimony as the 
court may decide, from the parties to the pro- 
ceedings as well as from anyone who may seek to 
be the child's legal representative to protect 
or advance the child's interest. Any direction 
for the provision of such legal representation 
should identify the solicitor or solicitors who 
shall provide it and shall provide for the 
remuneration of such solicitor or solicitors. 
Unless or until some arrangement is made for the 
provision of such legal representation under the 
Ontario Legal Aid Plan the cost thereof should 
be borne out of the general revenues of the 
Province of Ontario except in such cases where, 
with the knowledge and approval of the court, 
remuneration of such solicitor or solicitors is 
available and provided from some other source. 



1547 



72. I RECOMMEND THAT the Ministry consider the 
amendment of section 20 of the 1978 legislation 
to incorporate the preceding recommedat ion #71 
and to provide that in the circumstances 
described in subsection 3 of section 20 the 
provision of such legal representation shall be 
deemed to be and shall be desirable. 



1548 



73. I RECOMMEND THAT within the profession of social 
work there be a category of social worker who 
shall be required to satisfy appropriate re- 
quirements of knowledge, training and experience 
and thus to be entitled to a further designation 
to denote his or her qualifications as a 
specialist in the field of child abuse. The 
requirements of qualification entitling anyone 
to such designation shall be established by the 
regulatory body of the profession. 



1549 



74. I RECOMMEND THAT consideration be given to an 
amendment of the Ch i^J^d_We ]^f^are_Ac t or the 
Evidence_Act to provide that the opinions 
expres'sed'~by social workers formed by them in 
relation to child welfare matters shall be 
admissible as evidence upon proceedings under 
the Child Welfare Ac t and shall be accorded 
weight in the same way as the professional 
opinions of other professional persons are found 
to be admissible and are weighed. 



1550 



75. I RECOMMEND THAT consideration be given to an 
amendment of the Ch i J^d_We l^f^are_Ac t or the 
Evidence Act to faciTitate the use of photo- 
graphs, either coloured or black and white, of 
abused children in the provincial courts (family 
division). Such an amendment should provide 
that such photographs shall be admissible in 
evidence upon the proceedings unless the party 
opposing their admission satisfies the judge 
that they should not be admitted. 



1551 



76. I THEREFORE RECOMMEND THAT the Ministry, through 
appropriate channels of government, seek to 
ensure the amendment of the Child Welfare Act 
and the Evidence Act of Ontario so as to provide 
that in any proceedings under the Child Welfare 
Act arising out of an allegation that a child 
has been abused or is apparently in need of 
protection a man or woman is a competent and 
compellable witness for the prosecution or 
applicant, as the case may be, or for his or her 
spouse who is the accused or respondent, as the 
case may be, if the child named in the 
proceedings is the child of the spouses or 
either of them or if the spouses are or either 
of them is in loco parentis to the child. 



1552 



77. I FURTHER RECOMMEND THAT the Ministry, through 
appropriate channels of government, request that 
consideration be given to an amendment of the 
Canada Evidence Act to like effect. 



1553 



78. I THEREFORE RECOMMEND THAT the Ministry through 
appropriate channels of government seek 
amendment of the Child We lfare Act so as to 
provide that, 

1. if, within ten years after a child has been 
found to be a child in need of protection, fresh 
proceedings are instituted to determine whether 
the child is in need of protection, proof of the 
earlier finding shall be prima facie proof in 
the fresh proceedings that the child is in need 
of protection; and 

2. if, within ten years after a child has been 
found to be a child in need of protection, 
proceedings are instituted to determine whether 
another child of the same family is in need of 
protection, evidence of the earlier finding 
shall be admissible as evidence upon the new 
proceedings to be given such weight as the judge 
hearing the matter may determine. 



1554 



79. I RECOMMEND THAT all aspirants for appointment 
or election to the board of directors of a 
children's aid society be required to attend and 
participate in an orientation course conducted 
by the society wherein they will be informed and 
instructed as to the objects, purposes and 
duties of the society and the function, duties, 
powers and obligations of the members of the 
board of directors as a board, as members of the 
committees of the board, as individuals and as 
officers of the corporation. Such course is to 
be developed and presented by the personnel of 
the society so as to incorporate or reflect 
local conditions, but should contain elements 
that are common across the province. Each 
course, while distinctive, should be based upon 
material which should be prepared and 
distributed by the Ministry or the Ontario 
Association of Children's Aid Societies. 



1555 



80. I RECOMMEND THAT upon any review of the 
operations of a children's aid society by 
personnel from the Ministry, the Ministry shall 
promptly furnish to the board of directors of 
that society a written report upon that review 
setting forth the date or dates thereof, the 
purposes thereof, the observations thereon, 
comment, assessment and evaluation in respect of 
the observations, and the recommendations, if 
any, of those who conducted the review and their 
superiors. If either the board of directors or 
the Ministry feel it necessary or desirable 
appropriate personnel from the Ministry shall 
meet with the board of directors of the 
children's aid society to discuss the contents 
of the written report and the implementation of 
any recommendation. If any such report contains 
any negative criticism of the operation of the 
children's aid society the Ministry shall ensure 
that the matter is reviewed again after the 
children's aid society has had appropriate time 
to correct any deficiency or error in its 
procedures or operations. 



1556 



81. I RECOMMEND THAT the Ministry should ensure that 
there is a facility readily available to assist 
and advise the boards of directors of children's 
aid societies in relation to the qualifications 
of and performance of duties by management and 
supervisory personnel of the societies. Pending 
progress toward the recognition of social work 
as a profession with a governing and regulating 
body which may provide such a service and pend- 
ing any system of accreditation of children's 
aid societies which may provide such a service, 
the Ministry should provide it or arrange with 
the Ontario Association of Children's Aid 
Societies to provide it. The existence of such 
a service should be made known to the boards of 
directors of each children's aid society at 
appropriate times, perhaps annually shortly 
after the annual meeting of the society. Such a 
service should extend to and be devised to deal 
with any complaint made by a member of the 
public in respect of the society or any of its 
supervisory personnel. 



1557 



82. I RECOMMEND THAT the children's aid societies, 
with the active encouragement and involvement of 
the Ministry and the Ontario Association of 
Children's Aid Societies, adopt and implement a 
policy of appointment and employment of local 
directors and supervisors for fixed terms with 
provisions for the extension of any term if the 
society and the appointee so agree during, say, 
the last year or six months of the fixed term. 



1558 



83. I THEREFORE RECOMMEND THAT the Ministry 
institute a programme of ongoing review of the 
structure and means of functioning of the board 
of directors of each children's aid society. 
The review should extend to and include the 
structure and function of the committees of that 
board of directors and any other committees 
within the society in which members of the board 
of directors participate or which report di- 
rectly to the board of directors. Such reviews 
should be conducted at appropriate intervals, 
perhaps in conjunction with other ministerial 
reviews or perhaps by random attendance of 
personnel from the Ministry at meetings of the 
board of directors. The purpose of such reviews 
should be to assist the board of directors to 
establish and maintain a useful and functional 
structure of itself and its committees and 
efficient and productive meetings of itself and 
its committees. Each review should be followed 
by a written report to the board of directors 
setting forth the observations made during such 
review and any appropriate recommendations or 
directions arising therefrom to ensure 
compliance with statutory or regulatory require- 
ments and, hopefully, to ensure that the 
interest of members of the board of directors is 
maintained and their individual talents are best 
used for the benefit of the society and the 
children and families it serves. 



1559 



84. I THEREFORE RECOMMEND THAT when a children's aid 
society is considering the appointment of a 
local director it must, in addition to any other 
inquiries or investigations it may care to make, 
request comment from the Ministry upon the 
professional qualifications, job experience and 
general reputation of each applicant or person 
who is being considered for appointment. There 
should be a corresponding obligation upon the 
Ministry to respond in writing to each such 
reference in absolute frankness and with 
immunity from any liability, civil or criminal, 
providing the response is made without malice. 
That may require amendment of the Child Welfare 
Act. The response from the Ministry would then 
be one of the factors to be considered by the 
board of directors of the Society in its 
deliberations . 



1560 



85. I RECOMMEND THAT, when a children's aid society 
is considering the appointment of supervisors of 
its social workers, it must request comment by 
the Ministry in respect of each person being 
considered for such an appointment. Such 
comment should be upon the suitability and 
ability of each person proposed for such 
appointment. The Ministry should be obliged to 
respond frankly and fully in writing with 
immunity from liability of any sort in the 
absence of malice. Any response by the Ministry 
should be but one factor in the deliberations of 
the board of directors of the society. 



1561 



86. I RECOMMEND THAT, if social work is granted 
legislative recognition as a profession and if 
the legislation establishes a governing body to 
govern or regulate the practice of that 
profession, children's aid societies proposing 
to appoint anyone to the position of local 
director or supervisor of social workers must, 
in writing, inform that governing body of each 
such proposal, with the name of each person 
being considered for such appointment. The 
governing body should be free to comment upon 
the suitability of the person proposed and his 
or her ability to perform the duties of the 
office. Provided the comment is given without 
malice the governing body should be immune from 
any liability which anyone might seek to impose 
upon it for its having made the comment. The 
governing body's comment shall be a factor to be 
considered by the board of directors of the 
society in its deliberations upon the 
appointment. 



1562 



87. I RECOMMEND THAT the Ministry proceed to seek 
revision of the 1978 legislation in the 
following ways: 

(a) by enlarging the scope of the operation 
of the Central Registry so as to permit it to 
receive and record at all times from all sources 
information and reports of child abuse or 
situations of children apparently in need of 
protection because of an unusual risk of abuse. 
The Registry should be equipped to record and 
store any such information or report and to 
collate it with any relevant information or 
report previously received, recorded and stored. 
The Registry should have personnel qualified to 
assess and evaluate all such information and 
reports and to take appropriate action in 
respect thereof. The appropriate action may be 
to decide that nothing need be done other than 
to receive the information. Or it may require 
the staff of the Registry to inform the local 
children's aid society and police force or other 
authorities immediately and then, in due time, 
to ensure that the local children's aid society 
has properly responded to the matter by 
investigation and report; 

(b) by amending subsection 2 of section 49 
thereof by deleting the clause "that may have 
been caused or permitted by a person who has or 
has had charge of the child;" and 

(c) by amending subsection 2 of section 49 
thereof by extending its scope so as to include 
an obligation to report any situation which, in 
the opinion of the official or professional 
person, indicates that a child is in an 
unusually high risk of being abused. 



1563 



SCHEDULES 



SCHEDULE 1-A 



CALENDAR OF SITTINGS 



Judicial Inquiry Into the Care of Kim Anne Popen by 
the Children's Aid Society of the City of Sarnia and 
the County of Lambton 



Day 1 - June 15, 1978 

Counsel Present 

Nicholson D. McRae, Q.C. 
Robert G. Murray 

B. Thomas Granger 
John M. Wing, Q.C. 
Donald L. Whitman 
Rosemary J. McCully 
Allen Ingram 

Witnesses 

Nil 

Transcript - Volume 1 
Exhibits - #1-12 (inclusive) 

Day 2 - July 4, 1978 

Counsel Present 

Nicholson D. McRae, Q.C. 
Robert G. Murray 

B. Thomas Granger 
Donald L. Whitman 
Donald Elliott 
Allen Ingram 

Agent Present 

Murray Chitra 



1567 



witnesses 

Ronald Turner 
Donald W. Ross 
James R. Allan 
Christopher Gander 
Edward J. Kennedy 
Barry A. Wyville 
Lyle J. Waters 

Transcript - Volume lA 
Exhibits - #13-20 (inclusive) 



Day 3 - July 5, 1978 

Counsel Present 

Nicholson D. McRae, Q.C. 
Robert G. Murray 

B. Thomas Granger 
Donald L. Whitman 
Donald Elliott 
Allen Ingram 

Agent Present 

Murray Chitra 

Witnesses 

Donald W. Ross 
Douglas G. Vandenberghe 
Judith A. Vandenberghe 
Madeline Cecile 
Adrian Cecile 
Abdul M. Khattab 

Transcript - Volume 2 
Exhibits - #21-24 (inclusive) 

Day 4 - July 6, 1978 

Counsel Present 

Nicholson D. McRae, Q.C. 
Robert G. Murray 

1568 



B. Thomas Granger 
Allen Ingram 

Agent Present 

Murray Chitra 

Witnesses 

George Brouwer 
Catherine Maughan 

Transcript - Volume 3 
Exhibits - #25-40 (inclusive) 

Day 5 - July 10, 1978 

Counsel Present 

Nicholson D. McRae, Q.C. 
Robert G. Murray 

John M. Wing, Q.C. 
B. Thomas Granger 
Rosemary J. McCully 
Allen Ingram 

Witnesses 

Lucy Duncan, M.D. 
Elizabeth Kuly 
G. Patodia, M.D. 

Transcript - Volume 4 
Exhibits - #41-45 (inclusive) 

Day 6 - July 11, 1978 

Counsel Present 

Nicholson D. McRae, Q.C. 
Robert G. Murray 

B. Thomas Granger 
Rosemary J. McCully 
John M. Wing, Q.C. 



1569 



Allen Ingram 
Donald L. Whitman 

Witnesses 

Brian E.V. McCrudden, M.D 
Kunwar Singh, M.D. 
Malcolm D. Thorp, M.D. 

Oral representation by 
Corrine Lovatt 

Transcript - Volume 5 
Exhibits - #46-62 (inclusive) 



Day 7 - July 12, 1978 

Counsel Present 

Nicholson D. McRae, Q.C. 
Robert G. Murray 

John M. Wing, Q.C. 
B. Thomas Granger 
Rosemary J. McCully 
Allen Ingram 
Donald L. Whitman 

Witnesses 

Edward Hibberd 

Judge Q.L. Nighswander 

Annals A. Popen 

Transcript - Volumes 6 and 6A 
Exhibits - #63-64 

Day 8 - July 13, 1978 

Counsel Present 

Nicholson D. McRae, QcC. 
Robert G. Murray 

John M. Wing, Q.C. 
B. Thomas Granger 
Rosemary J. McCully 

1570 



Peter Merchant 
Allen Ingram 
Donald L. Whitman 

Witnesses 

Jennifer A. Popen 
Wayne Chalmers 
Betty L. Hewitt 

Transcript - Volume 7 
Exhibits - nil 



Day 9 - August 9, 1978 

Counsel Present 

Nicholson D. McRae, Q.C. 
Robert G. Murray 

Joseph M. Donohue 
B. Thomas Granger 
Rosemary J. McCully 
Peter Merchant 
Donald L. Whitman 
Allen Ingram 

Witnesses 

S. F. Jumean, M.D. 
Peter C. McCabe 
Audrey L, Dick 

Transcript - Volume 8 
Exhibits - #65-75 (inclusive 

Day 10 - August 10, 1978 

Counsel Present 

Nicholson D. McRae, Q.C. 

Rosemary J. McCully 
Joseph M. Donohue 
Donald L. Whitman 
B. Thomas Granger 
Allen Ingram 

1571 



Witness 

Audrey L. Dick 

Transcript - Volume 9 
Exhibits - nil 

Day 11 - August 11, 1978 

Counsel Present 

Nicholson D. McRae, Q.C. 

Joseph M. Donohue 
Rosemary J. McCully 
Peter Merchant 
Donald L. Whitman 
B. Thomas Granger 
Allen Ingram 

Witnesses 

Audrey L, Dick 
Harold R. Carter 

Transcript - Volume 10 
Exhibits - #76-82 (inclusive) 

Day 12 - August 14, 1978 

Counsel Present 

Nicholson D. McRae, Q.C. 

Rosemary J. McCully 
Joseph M. Donohue 
Donald L. Whitman 
B. Thomas Granger 
Allen Ingram 

Witnesses 

Mary I. Kirby 
Lois E. Archer 

Transcript - Volume 11 
Exhibits - nil 

1572 



Day 13 - August 15, 1978 

Counsel Present 

Nicholson D. McRae, Q.C 

Rosemary J. McCully 
Joseph M. Donohue 
Donald L. Whitman 
B. Thomas Granger 
Allen Ingram 

Witness 

Yuan Shirley Lo 

Transcript - Volume 12 
Exhibits - nil 

Day 14 - August 16, 1978 

Counsel Present 

Nicholson D. McRae, Q.C 

Rosemary J. McCully 
Joseph M. Donohue 
Donald L. Whitman 
B. Thomas Granger 
Allen Ingram 

Witnesses 

Yuan Shirley Lo 
Dorothy W. Myers 
Mabel W. Harvey 

Transcript - Volume 13 
Exhibits - nil 

Day 15 - August 17, 1978 
Counsel Present 

Nicholson D. McRae, Q.C, 



1573 



Rosemary J. McCully 
Joseph M. Donohue 
Donald L. Whitman 
B. Thomas Granger 
Allen Ingram 

Witness 

Mabel W. Harvey 

Transcript - Volume 14 
Exhibits - #83-84 

Day 16 - August 21, 1978 

Counsel Present 

Nicholson D. McRae, Q.C, 
Robert G. Murray 

Rosemary J. McCully 
Joseph M. Donohue 
B. Thomas Granger 
Donald L. Whitman 
Allen Ingram 

Witnesses 

Mabel W. Harvey 
David A. Allen 
Mildred P. Wood 

Transcript - Volume 15 
Exhibits - #85-90 (inclusive 

Day 17 - August 22, 1978 

Counsel Present 

Robert G. Murray 

Rosemary J. McCully 
Joseph M. Donohue 
B. Thomas Granger 
Allen Ingram 



1574 



witnesses 

John H. McPhedran 
William J. Lovatt 

Transcript - Volume 16 
Exhibits - nil 



Day 18 - August 23, 1978 

Counsel Present 

Robert G. Murray 

Rosemary J. McCully 
Joseph M. Donohue 
B. Thomas Granger 
Allen Ingram 

Witness 

William J. Lovatt 

Transcript - Volume 17 
Exhibits - #91-104 (inclusive) 

Day 19 - August 24, 1978 

Counsel Present 

Robert G. Murray 

Joseph M. Donohue 
B. Thomas Granger 
Rosemary J. McCully 
Allen Ingram 

Witness 

William J. Lovatt 

Transcript - Volume 18 
Exhibits - #105-110 (inclusive) 



1575 



Day 20 - August 25, 1978 

Counsel Present 

Nicholson D. McRae, Q.C. 

Rosemary J. McCully 
Joseph M. Donohue 
B. Thomas Granger 
Allen Ingram 

Witnesses 

Andrew M. Lang 
Silvio J. Mainville 

Transcript - Volume 19 
Exhibits - #111-112 

Day 21 - September 6, 1978 

Counsel Present 

Nicholson D, McRae, Q.C. 

Rosemary J, McCully 
Joseph M, Donohue 
Donald L. Whitman 
B. Thomas Granger 
Allen Ingram 

Witnesses 

Sandra L. Saul 
James R. Allen 
Winona J. Hoad 
Kathy Mitchell 

Transcript - Volume 20 
Exhibits - #113-114 

Day 2 2 - September 7, 1978 

Counsel Present 

Nicholson D, McRae, Q.C. 
Robert G. Murray 

1576 



B. Thomas Granger 
Rosemary J. McCully 
Allen Ingram 
Joseph M. Donohue 
Peter Merchant 

Witness 

Stephen Charko 

Transcript - Volume 21 
Exhibits - #115-116 

Day 23 - September 8, 1978 

Counsel Present 

Robert G. Murray 

B. Thomas Granger 
Rosemary J. McCully 
Allen Ingram 
Joseph M. Donohue 

Witnesses 

Stephen Charko 
Barry A. Wyville 

Transcript - Volume 22 
Exhibit - #117 

Day 24 - September 12, 1978 

Counsel Present 

Nicholson D. McRae, Q.C. 

Rosemary J. McCully 
B. Thomas Granger 

Witness 

John K. Macdonald 

Transcript - Volume 23 
Exhibits - #118-128 (inclusive) 

1577 



Day 25 - September 13, 1978 

Counsel Present 

Nicholson D. McRae, Q.C. 
Robert G. Murray 

Rosemary J. McCully 
B. Thomas Granger 
Joseph M. Donohue 
Donald Elliott 

Witnesses 

John K. Macdonald 
Bruce R. Heath 

Transcript - Volume 24 
Exhibits - #129-133 (inclusive) 

Day 26 - September 14, 1978 

Counsel Present 

Nicholson D. McRae, Q.C. 

Rosemary J. McCully 
B. Thomas Granger 
Donald Elliott 

Witnesses 

Bruce R. Heath 
Arne Petersen 

Transcript - Volume 25 
Exhibits - #134-135 

Day 27 - September 15, 1978 

Counsel Present 

Nicholson D. McRae, Q.C. 

Rosemary J. McCully 
Joseph M. Donohue 
B. Thomas Granger 

1578 



Donald Elliott 
Allen Ingram 

Witnesses 

Arne Petersen 
Margaret Farina 

Transcript - Volume 26 
Exhibits - nil 



Day 28 - September 20, 1978 

Counsel Present 

Nicholson D. McRae, Q.C. 
Robert G. Murray 

Rosemary J. McCully 
Joseph M. Donohue 
Donald Elliott 
B, Thomas Granger 

Witnesses 

Margaret Farina 
Harry Zwerver 

Transcript - Volume 27 
Exhibits - #136-138 (inclusive) 

Day 29 - September 21, 1978 

Counsel Present 

Robert G. Murray 

B. Thomas Granger 
Rosemary J. McCully 
Joseph M. Donohue 

Witness 

Harry Zwerver 

Transcript - Volume 28 
Exhibits - #139-141 (inclusive) 

1579 



Day 30 - September 22, 1978 

Counsel Present 

Robert G. Murray 

Rosemary J. McCully 
B. Thomas Granger 

Witness 

Harry Zwerver 

Transcript - Volume 29 
Exhibits - nil 

Day 31 - September 27, 1978 
Counsel Present 

Nicholson D. McRae, Q.C. 
Robert G. Murray 

Peter Merchant 
John M. Wing, Q.C. 
B. Thomas Granger 
Rosemary J. McCully 

Witness 

Jennifer A. Popen 

Transcript - Volume 30 
Exhibits - nil 

Day 3 2 - September 28, 1978 

Counsel Present 

Nicholson D, McRae, Q.C. 
Robert G. Murray 

Peter Merchant 
B. Thomas Granger 
Rosemary J. McCully 
John M. Wing, Q.C. 

1580 



witnesses 

Jennifer A. Popen 
William Higgins 

Transcript - Volumes 31 and 32 
Exhibits - #142-143 



Day 33 - September 29, 1978 

Counsel Present 

Robert G. Murray 

John M. Wing, Q.C. 
B. Thomas Granger 
Rosemary J. McCully 

Witness 

William Higgins 

Transcript - Volume 33 
Exhibit - #144 

Day 34 - October 3, 1978 

Counsel Present 

Robert G. Murray 

B, Thomas Granger 
Rosemary J. McCully 

Witnesses 

Robert M. Sharen - (presented 
oral and written submission) 

Raymond Wyrzykowski - (presented 
oral submission) 

Debroah Ginn 

Inez Williams - (presented oral 
submission) 

Frances Kameka 

Transcript - Volume 34 
Exhibits - #145-146 

1581 



Day 3 5 - October 16, 1978 

Counsel Present 

Nicholson D. McRae, Q.C. 
Robert G. Murray 

B. Thomas Granger 
Rosemary J. McCully 

Witness 

Francis J. Turner, Ph.D. 

Transcript - Volume 35 
Exhibit - #147 

Day 36 - October 17, 1978 

Counsel Present 

Robert G. Murray 

B. Thomas Granger 
Rosemary J. McCully 
John M. Wing, Q.C. 

Witness 

Herbert A. Sohn, Ph.D. 

Transcript - Volume 36 
Exhibits - #148-149 

Day 37 - October 18, 1978 

Counsel Present 

Robert G. Murray 

Rosemary J. McCully 
B. Thomas Granger 

Witness 

Robert Bates, M.D. 

1582 



Transcript - Volume 37 
Exhibit - #150 



Day 38 - October 19, 1978 

Counsel Present 

Robert G. Murray 

B. Thomas Granger 
Rosemary J. McCully 
Donald L. Whitman 
Joseph M, Donohue 

Agent Present 

Murray Chitra 
Witnesses 

Nil 

Transcript - Volume 38 
Exhibits - #151-152 

Day 39 - January 8, 1979 

Counsel Present 

Nicholson D. McRae, Q.C. 
Robert G. Murray 

Rosemary J. McCully 
Joseph M. Donohue 
B. Thomas Granger, Q.C. 
Donald L. Whitman 
Carl Fleck, Q.C. 
Brenda J. Bowlby 
Peter Merchant 
Raymond V. Donohue 

Agent Present 

Murray Chitra 



1583 



witnesses 

Lloyd John Clark 

Douglas G. Vandenberghe - 

(presented oral and written 

submissions ) 
Sister Rita Heenan 

Submissions 

(Oral and written submissions) Peter Merchant 

(Oral and written submissions) B. Thomas Granger, Q.C. 

(Oral and written submissions) Donald L. Whitman 

Transcript - Volume 39 
Exhibits - #153-170 (inclusive) 



Day 40 - January 9, 1979 

Counsel Present 

Nicholson D. McRae, Q.C. 
Robert G. Murray 

Rosemary J. McCully 

B. Thomas Granger, Q.C. 

Carl Fleck, Q.C. 

Agent Present 

Murray Chitra 
Witnesses 

Nil 

Submissions 

(Oral and written submissions) Murray Chitra 

(Oral and written submissions) Rosemary J. McCully 

Transcript - Volume 40 
Exhibits - #171-173 



1584 



Day 41 - January 10, 1979 

Counsel Present 

Nicholson D. McRae, Q.C. 
Robert G. Murray 

Rosemary J. McCully 
B. Thomas Granger, Q.C. 
Brenda J. Bowlby 
Allen Ingram 

Witnesses 

Nil 

Submissions 

(Oral submissions) Rosemary J. McCully 

(Oral and written submissions) B. Thomas Granger, Q.C 

Transcript - Volume 41 
Exhibit - #174 

Day 4 2 - January 11, 1979 

Counsel Present 

Nicholson D. McRae, Q.C. 
Robert G. Murray 

Rosemary J. McCully 
B. Thomas Granger, Q.C. 
Brenda J. Bowlby 
Allen Ingram 

Witnesses 

Nil 

Submissions 

(Oral and written submissions) B. Thomas Granger Q.C 
(Oral and written submissions) Brenda J. Bowlby 

Transcript - Volume 42 
Exhibits - nil 



1585 



Day 4 3 - January 15, 1979 

Counsel Present 

Nicholson D. McRae, Q.C. 
Robert G. Murray 

B. Thomas Granger, Q.C. 
Donald L. Whitman 
Rosemary J. McCully 

Witnesses 

Dorothy W. Myers 
Betty L. Hewitt 

Submissions 

(Oral and written submissions) B. Thomas Granger Q.C. 

Transcript - Volume 43 
Exhibit - #175 

Day 44 - January 16, 1979 

Counsel Present 

Nicholson D. McRae, Q.C. 
Robert G. Murray 

B, Thomas Granger, Q.C. 
Rosemary J. McCully 
Brenda J. Bowlby 

Witnesses 

Nil 

Submissions 

(Oral and written submissions) B. Thomas Granger Q.C. 

Transcript - Volume 44 
Exhibits - nil 



1586 



Day 45 - January 17, 1979 

Counsel Present 

Robert G. Murray 

Rosemary J. McCully 
B. Thomas Granger, Q.C. 
Carl Fleck, Q.C. 
Raymond V. Donohue 

Witnesses 

Nil 

Submissions 

(Oral and written submissions) B. Thomas Granger Q.C 
(Oral and written submissions) Carl Fleck, Q.C. 
(Oral submission) Raymond V. Donohue 

Transcript - Volume 45 
Exhibit - #176 

Day 46 - July 16, 1979 

Counsel Present 

Nicholson D. McRae, Q.C. 
Robert G. Murray 

Joseph M. Donohue 

Rosemary J. McCully 

B. Thomas Granger, Q.C. 

Witnesses 

Nil 

Submissions 

(Written submission) Rosemary J. McCully 
(Oral submission) Joseph M. Donohue 

Transcript - Volume 46 
Exhibits - #177-182 (inclusive) 



1587 



SCHEDULE 1-B 



COUNSEL APPEARING BEFORE THE JUDICIAL INQUIRY 



Ms. Brenda J. Bowlby 
London, Ontario 

Mr. Joseph M. Donohue 
Sarnia, Ontario 

Mr. Raymond V. Donohue 
Sarnia, Ontario 



Mr. Donald Elliott 
Sarnia, Ontario 



Mr. Carl Fleck, Q.C. 
Sarnia, Ontario 



Mr. Bradley Thomas 
Granger, Q.C. 
London, Ontario 



Mr. Allen Ingram 

London, Ontario 

Mr. Peter Merchant 
Sarnia, Ontario 

Mrs. Rosemary J. McCully 
Toronto, Ontario 



Associate Counsel with 
Mr. Thomas Granger, Q.C. 

Counsel for 

Mr. William Lovatt 

Counsel for St. Joseph's 
Hospital, Sarnia; and 
Mr. A. M. Khattab 

Counsel for the Ontario 
Association of Children's 
Aid Societies, 
Mrs. Margaret Farina and 
Mr. Arne Petersen 

Counsel for the Sarnia 
Police Force and its 
members 

Counsel for the Children's 
Aid Society, Sarnia, as a 
Corporate Body, it's 
members, directors and 
staff with the exception 
of Mr. W. Lovatt and 
Mrs. M. Harvey 

Associate Counsel with 
Mr. Thomas Granger, Q.C. 

Counsel for 

Mrs. Jennifer A, Popen 

Counsel for the Ministry 
of Community and Social 
Services, Toronto and it's 
staff 



1588 



Mr. Donald L. Whitman - Counsel for 

Sarnia, Ontario Mrs. Mabel Harvey 

Mr. John M. Wing, Q.C. - Counsel for 

Sarnia, Ontario Mr. Annals A. Popen 



AGENT APPEARING BEFORE THE JUDICIAL INQUIRY 

Mr. Murray Chitra - Student at law 

Toronto, Ontario Agent for the Ministry of 

Correctional Services 
Mr. George Brouwer and 
Mrs. Catherine Maughan 



1589 



SOLICITORS MAKING WRITTEN REPRESENTATIONS TO THE 

JUDICIAL INQUIRY 



Mr. Colin L. Campbell - Solicitor for 

Toronto, Ontario Dr. M. Thorp, Dr. K. Singh 

and Dr. S. Jumean 

Mr. R. E. Rowcliffe - Solicitor for 
Toronto, Ontario Dr. M. Thorp 



1590 



SCHEDULE 1-C 



LIST OF EXHIBITS 



Exhibit 

Number Description of Exhibit 



1, ORDER by The Honourable Keith C. Norton, 

Minister of Community and Social 
Services appointing His Honour, Judge H. 
Ward Allen, a Judge for the County and 
District Courts of the Counties and 
Districts of Ontario to investigate all 
matters relating to the care of Kim Anne 
Popen by the Children's Aid Society of 
the City of Sarnia and County of 
Lambton. 



2. Affidavit of Publication and tear sheets 

of advertisements of Notices of Public 
Hearing from the following newspapers: 

a) The Sarnia Gazette 

b) The St. Clair Gazette 

c) The Plympton Wyoming Gazette 

d) The Lambton County Gazette 



3. Affidavit of Publication and tear sheet 
of advertisement of Notice of Public 
Hearing from the Forest Standard news- 
paper. 



4, Affidavit of Publication and tear sheet 
of advertisement of Notice of Public 
Hearing from the Sarnia Observer news- 
paper. 

5, Affidavit of Publication and tear sheet 
of advertisement of Notice of Public 
Hearing from the Watford Guide-Advocate 
newspaper. 



1591 



6. Affidavit of Publication and tear sheet 

of advertisement of Notice of Public 
Hearing from the Advertiser-Topic 
newspaper. (Petrolia, Ontario) 



7. Affidavit of Publication and tear sheet 

of advertisement of Notice of Public 
Hearing from the Windsor Star news- 
paper. 



8. Affidavit of Publication and tear sheet 

of advertisement of Notice of Public 
Hearing from the London Free Press 
newspaper. 



9. Tear sheet of advertisement of Notice of 

Public Hearing from The Chatham Daily 
News newspaper. 



10. 




11. Certified copy of Papers and Documents 
of Children's Aid Society of the City of 
Sarnia and the County of Lambton from 
the Records of the Ministry of Consumer 
and Commercial Relations of the Province 
of Ontario. 



12. Pamphlet copy of The Child Welfare Act 
Revised Statutes of Ontario - Chapter 
64, as amended to August 31, 1975. 



13. A) Four Colour photographs of Kim Anne 

B) Popen showing injuries -- photographs 

C) taken August 31, 1975. 
D) 



1592 



14. A) Ten colour photographs of Kim Anne Popen 

B) (post-mortem) - showing injuries - 

C) photographs taken August 11, 1976. 
D) 

E) 
F) 
G) 
H) 
I) 
J) 

15. Certified Copy of Investigation Report, 

dated June 16, 1975, City of Sarnia 
Police Department, commencing June 16, 
1975 to August 31, 1975. 



16. Summons to a Person Charged With an Of- 

fence addressed to Mrs. Jennifer Popen 
Chapter 64, Section 40(1) of the Child 
Welfare Act, R.S.O., 1970. 



17. Summons to a Person Charged with an Of- 

fence addressed to Mr. Annals Popen 
Chapter 64, Section 40(1) of the Child 
Welfare Act, R.S.O., 1970. 



18. Copy of Hospital Discharge Summary (Miss 

Kim Popen) dated September 5, 1975, by 
Doctor K. R. Singh (not signed - see 
Exhibit #24) . 



19. Confidential Crown Counsel Brief pre- 

pared by Constable B. Wyville, Sarnia 
Police Force and dated October 23, 1975. 



20. Certified copy of Record of Proceedings 

before His Honour Judge Q. L. 
Nighswander in the Provincial Court 
(Family Division) for the dates of 
November 17, 1975, January 19, 1976, 
February 23, 1976 and March 29, 1976. 



1593 



20. A Certified copy of excerpt of hearing 

held before His Honour Judge Q. L. 
Nighswander in the Provincial Court 
(Family Division) on February 23, 1976. 



21. Copy of Orders Respecting Wards of 

Children's Aid Societies signed by His 
Honour Judge Q. L. Nighswander on 
February 25, 1976, in relation to Kim 
Anne Popen. 



22. Copy of Memorandum from A. M. Khattab, 

St. Joseph's Hospital, Sarnia to Mrs. M. 
Harvey, Children's Aid Society, Sarnia, 
dated September 4, 1975, noting that 
Miss Kim Popen may need some assistance 
after leaving hospital. 



23. Copy of Memorandum from A. M. Khattab, 

St. Joseph's Hospital to the Children's 
Aid Society, dated September 8, 1975, 
noting "This case requires deep investi- 
gation which we are sure you will 
conduct. " 



24. Copy of Hospital Discharge Summary (Miss 

Kim Popen) signed by Doctor K. R. 
Singh . 



25. Pre-sentence Report Re: Annals Ambrose 

Popen prepared by G. Brouwer - Charge 
Section 40(1) Chapter 64 of the Child 
Welfare Act, 1970; dated March 29, 1976. 



26. Letter from James J. Curtin, M.D., 

F.R.C.P.(c) to Mr. I. T. Walters, Senior 
Probation and Parole Officer Re: Annals 
Popen - dated March 19, 1976. 



27. Probation Order of His Honour Judge Q. 

L. Nighswander, Provincial Court (Family 
Division) dated March 29, 1976, Re: 
Annals Ambrose Popen. 

1594 



28. Certificate of Conviction in Provincial 
Court (Criminal Division) Re: Annals 
Ambrose Popen (Section 40(1) of the 
Child Welfare Act) . 



29. Information of Constable B. Wyville, 
Sarnia Police Force, dated October 16, 
1975, alleging that Annals and Jennifer 
Popen, "being together and having the 
custody of a child Kim Anne Marie Popen, 
unlawfully did fail to protect the child 
contrary to Chapter 64, Section 40(1) of 
the Child Welfare Act, Revised Statues 
of Ontario." 



30.-38. Monthly Report Sheets of Volunteer Pro- 
bation Officer, Kate Maughan, Ministry 
of Correctional Services Re: Annals 
Ambrose Popen. 

30. Month of June 1976; 

31. Month of July 1976; 

32. Month of August 1976; 

33. Month of September 1976; 

34. Month of October 1976; 

35. Month of November 1976; 

36. Month of December 1976; 

37. Month of January 1977; 

38. Months of February and March 1977. 



39. Copy of Pre-sentence Report Re: Jennifer 
Angela Popen, Prepared by G. Brouwer. 
Charge Section 217 Criminal Code of 
Canada Manslaughter. 



40. Copy of Pre-Sentence Report Re: Annals 
Ambrose Popen, Prepared by G. Brouwer. 
Charge Section 217 Criminal Code of 
Canada Manslaughter. 



41. Letter to Judge George Thomson, Ministry 
of Community and Social Services, dated 
December 16, 1977 from Lucy Duncan M.D., 
D.P.H., Director and Medical Officer of 
Health, The Lambton Health Unit. 

1595 



42. Directive to the Nursing Department, The 

Lambton Health Unit, dated June 16, 
1978, from Dr. Lucy M. C. Duncan, 
Procedure Re: Child Abuse Records. 



43. Child Health Record - The Lambton Health 

Unit Re: Kim Anne Popen, years 1974 to 
1976 ( inclusive ) . 



44. Report of Post-mortem Examination made 

upon the body of Kim Popen dated August 
26, 1976. 



45. Diagrams of anterior and posterior views 

showing injuries as noted in the Report 
of Post-mortem Examination (Exhibit 
#44). 



46. Radiological Report - St. Joseph's 

Hospital Re: Miss Kim Anne Popen - March 
22, 1975 - M. F. Bennett, M.D. 



47. Radiological Report - St. Joseph's 

Hospital Re: Miss Kim Anne Popen - March 
25, 1975 - B. E. McCrudden, M.D. 



48. Radiological Report - St. Joseph's 

Hospital Re: Miss Kim Popen - August 31, 
1975 - M. F. Bennett, M.D. 



49. Radiological Report - St. Joseph's 

Hospital Re: Miss Kim Popen - September 
1, 1975 - B. E. McCrudden, M.D. 



50. Radiological Report - St. Joseph's 

Hospital Re: Miss Kim Popen - September 
1, 1975 - B. E. McCrudden, M.D. 



51. Consultation Form - St. Joseph's Hospi- 

tal Completed by K. R. Singh, M.D. - 
dated 26/3/75 Re: Kim Anne Popen. 

1596 



52. Consultation Report - March 27, 1975 

Consultant K. R. Singh, M.D. 
Re: Miss Ann Marie Popen. 



53. Consultation Form - St. Joseph's Hospi- 

tal - Completed by K. R. Singh, M.D. - 
dated August 31, 1978 - Re: Miss Kim 
Popen. 



54. Admission and Discharge Form - St. 
Joseph's Hospital - dated August 31, 
1975 - Re: Miss Kim Popen. 

55. Consultation Report. August 31, 1975 
Consultant - K. R. Singh, M.D. - Re: 
Miss Kim Popen. 



56. Transcript of taped conversation between 

K. R. Singh, M.D. and Mrs. Jennifer A. 
Popen which took place at St. Joseph's 
Hospital, Sarnia, on August 31, 1975. 



57. Guidelines to staff of St. Joseph's 

Hospital, Sarnia, prepared by the Child 
Abuse Committee, dated June 4, 1978. 



58. Report of S. Jumean, M.D. - Dated April 
28/29, 1975 - Re: Miss Kim Anne Popen. 



59. Emergency Entrance Report - March 22, 
1975 - St. Joseph's Hospital, Sarnia - 
Re: Kim Anne Popen. 



60. History Report - Prepared by M.D. Thorp, 
M.D., on March 25, 1975 - Re: Baby Kim 
(Anne Marie) Popen. 



61. 



Emergency Entrance Report - August 31, 
1975 - St. Joseph's Hospital, Sarnia - 
Re: Kim Popen 



1597 



62. History Report - Prepared by M.D. Thorp, 

M.D. on August 31, 1975 - Re: Miss Kim 
Popen. 



63. Certified copy of Confidential Crown 

Counsel Brief, prepared by Constable B, 
Wyville, Sarnia Police Force, dated 
October 23, 1975 and with three letters 
attached thereto. 



64, Certified Copy of Proceedings before His 

Honour Judge Q. L. Nighswander on the 
8th day of September, 1975 in the 
Provincial Court (Family Division) upon 
an Application of the Children's Aid 
Society, Sarnia under Section 26(b) of 
the Child Welfare Act, Re: Kim Anne 
Popen. 



65. Notes made by S. Jumean, M.D. - Re: Kim 
Anne Popen for period ending Jaunary 12, 
1976. 



66. Admission Form - St. Joseph's Hospital, 
Sarnia - Re: Miss (Kim) Ann Marie Popen 
dated March 22, 1975. 



67. Admission Form - St. Joseph's Hospital, 
Sarnia - Re: Miss Ann Marie Kim Popen 
dated April 28, 1975. 



68. Report of William Gannon, M.D. dated 
August 6, 1976 - Re: Kim Popen. 



69. Report of Medical History, Children's 
Aid Society, Sarnia to S. Jumean, M.D. - 
Re: Kim Popen - period September 12, 
1975 to May 26, 1976. 



70. Letter to His Honour Judge H. Ward Allen 
dated July 14, 1978 from M. Thorp, M.D. 



1598 



71. Letter to M. Thorp, M.D., dated July 25, 
1978 from His Honour Judge H. Ward Allen 



72. Letter to His Honour Judge H. Ward Allen 
- dated July 26, 1978 from R. E. 
Rowcliffe, Barrister and Solicitor, on 
behalf of M. Thorp, M.D. 



73. Child Care File from the Children's Aid 
Society of the City of Sarnia and County 
of Lambton. Opened on September 5, 
1975, Re: Kim Anne Popen. 



I 73. A History of the Children's Aid Society 
I involvement with the Popen family, (Re- 

! moved from the Child Care File - Exhibit 

#73). 

74. Family Services File from the Children's 

Aid Society of the City of Sarnia and 
County of Lambton, opened August 31, 
1975 Re: Annals and Jennifer Popen. 



74. A History of the Children's Aid Society 

involvement with the Popen family 
(Removed from the Family Services File - 
Exhibit #74) . 



75. Minutes of Team 1 Meetings June 3, 1975 

to September 30, 1975 (Ordered sealed by 
His Honour Judge H. Ward Allen and to be 
kept apart from other exhibits due to 
their confidentiality in respect of 
other wards and clients of the 
Children's Aid Society. 



76. Form - Family Services Case Management 

Information System. 



77. Intake Information Form (Team 1 Log) 

Confidential . 



1599 



78. Children's Aid Society Index Card 
Annals and Jennifer Popen 
Children: Kim Anne Marie and Karie 
First dated August 1975. 



79. Letter to the Children's Aid Society, 

Sarnia attention of Mr. Carter dated 
November 18, 1975, from William F. 
Higgins, Barrister and Solicitor, per: 
Sam F. Harvey. 



80. Monthly Report - Family Services, 

Children's Aid Society - Month of August 
- 1975, Confidential. 



81. Staff Evaluation - Children's Aid 

Society, Sarnia - Re: H. R. Carter - 
1975 - Confidential. 



82. Staff Evaluation - Children's Aid 

Society, Sarnia - Re: Harold Carter - 
1977 - Confidential. 



83. Report for Child Welfare Branch, 

Ministry of Community and Social 
Services, Toronto, dated December 8, 
1977, Prepared by the Children's Aid 
Society, Sarnia. 



84. Minutes of Meeting - November 7, 1977 - 

Financial Information Systems Committee, 
Ministry of Community and Social 
Services. 



85. Forms (White and Green), Children's Aid 

Society of the City of Sarnia and County 
of Lambton - Intake Slip. 



86. Minutes of Meeting, Board of Directors - 

Children's Aid Society, Sarnia on 
Thursday, December 15, 1977. 



1600 



87. Minutes of Meeting, Board of Directors - 

Children's Aid Society, Sarnia on 
Tuesday, February 28, 1978. 



88. Report on Survey of the Children's Aid 
Society, Sarnia - Survey completed by P. 
McKen and G. Dummitt - Child Welfare 
Supervisor, Sylvio Mainville. 
Statistics Used - month of September 

1972 dated April 19th, 197 .(sic) 

89. Report to the Board of Directors, 
Children's Aid Society, Sarnia on Child 
Welfare Surveys - Survey completed by 
Tiiu Ingel and Dianne Poole. 

Child Welfare Supervisor: Sylvio 

Mainville. 

Statistics Used - month of September 

1973 dated February 22, 1974. 

90. Minutes of Meeting, Board of Directors, 
Children's Aid Society, Sarnia on 
Tuesday, February 26, 1974. 



91. Letter to Harold E. Fulton, Esq. Messrs, 

Campbell, Jarvis, McKenzie and Fulton, 
Barristers and Solicitors, dated 
September 22, 1977 from C. I. Scott, 
Deputy Secretary, The Law Society of 
Upper Canada Re: Ruling of the Pro- 
fessional Conduct Committee concerning a 
question of Conflict of Interest. 



92. Memoranda to all Local Directors of 

Children's Aid Societies from the 
Director, Children's Services Bureau, 
Ministry of Community and Social 
Services, dated July 25, 1975, February 
17, 1976, March 22, 1976, June 15, 1976, 
July 23, 1976 November 16, 1976, January 
21, 1977, January 26, 1977 May 16, 1977, 
October 2, 1977, November 4, 1977 and 
April 7, 1978. 



1601 



93. Guidelines for Practice and Procedure in 

Handling Cases of Child Abuse. 
Published by the Ontario Association of 
Children's Aid Societies, Toronto, 
Ontario; July 1976. 



94. Standards of Practice and Procedure for 

Services to Children in Alternate Care. 
Published by the Ontario Association of 
Children's Aid Socities - June, 1974. 



95. Memorandum to Presidents and Local 

Directors of Ontario Children's Aid 
Societies Re: 1976 Operating Budget from 
the Director, Children's Services 
Bureau, Ministry of Community and Social 
Services, Toronto; dated December 16, 
1975. 



96. Memoranda to Ontario Children's Aid 

Societies from the Ministry of Community 
and Social Services, Toronto; dated 
March 12, 1976, January 13, 1976 and 
January 15, 1976. 



97. Letter to President, Lambton Children's 

Aid Society, dated May 7, 1976 from the 
Minister, Ministry of Community and 
Social Services, Toronto; re: 1976 
estimates . 



98. Minutes of Meeting, Board of Directors - 
Children's Aid Society, Sarnia; Tuesday, 
January 6, 1976, 



99. Monthly Reports of Local Director - 

Children's Aid Society, Sarnia; Months 
of April, May, June, September, October 
and November of 1976. 



1602 



100. Memorandum to all Ontario Children's Aid 

Societies, dated February 15, 1978, from 
the Director of Child Welfare, Ministry 
of Community and Social Services, 
Toronto; Re: Indices of numbered 
memoranda. 



101. Report on Selected Issues and Relation- 

ships - Task Force on Community and 
Social Services; January, 1974. 

Report on Ministry Organization 
Structure - Task Force on Community and 
Social Services; June, 1973. 



102. Brief for need of Increased Staff Com- 

plement, Children's Aid Society of the 
City of Sarnia and County of Lambton 
with covering letter attached dated 
March 27, 1975. 



103. Report of The Task Force on Child Abuse 

(The Garber Report) June 19, 1978. 



104. 




105. Letter to Director, Children's Services 

Bureau, Ministry of Community and Social 
Services, Toronto; dated December 13, 
1974, from William J. Lovatt, Local 
Director, Children's Aid Society; Re: 
1975 Budget. 



106. Letter to Mr. Bill Lovatt, Director, 

Children's Aid Society, Sarnia, dated 
January 30, 1976 from Lome C. Henderson 
- Minister Without Portfolio; with copy 
of letter attached thereto addressed to 
The Honourable James Taylor, Q.C.; 
Minister of Community and Social 
Services, Toronto. 

1603 



107. Letter to Mr. Bill Lovatt, Director, 

Children's Aid Society, Sarnia; dated 
February 25, 1976, from Lome C. 
Henderson, Minister Without Portfolio 
with copy of letter attached thereto 
received from The Honourable James 
Taylor, Q.C., Minister of Community and 
Social Services, Toronto. 



108. Form Letter from the Director, The 

Family and Children's Services of 
Hastings County dated February 9, 1978. 



109. Estimate of Expenditure - year 1978 Sub- 

mitted by William Lovatt, Local Director 
of the Children's Aid Society on 
February 16, 1978 to The Honourable 
Minister of Community and Social 
Services and others. 



110. Estimate of Expenditure - year 1978. 

Submitted by Peter McCabe, Acting Local 
Director, Children's Aid Society, Sarnia 
and Assistant Executive Director, Essex 
County, Children's Aid Society on June 
27, 1978 to The Honourable Minister of 
Community and Social Services and 
others. 



111. Copies of documents from the files of 

the Ministry of Community and Social 
Services : 

- Lambton Field Services File; June, 
1969; 

- Children's Aid Society; Lambton File, 
June-July 1971; 

- Special Study; Lambton Field Services 
File, 1971; 

- Field Worker's Report; Lambton, 
September 30, 1972; 

- Children's Aid Society; Field Report, 
September 30, 1973; 

- Children's Aid Society; Field Report, 
September 30, 1974. 



1604 



112. Report on Persons Allegedly Causing 

Physical Ill-Treatment of a Child: 

1. Report dated September 8, 1975 over 
the signature of William Lovatt, 
Local Director of the Children's Aid 
Society; 

2. Report dated September 27, 1976 over 
the signature of William Lovatt, 
Local Director of the Children's Aid 
Society. 

Both reports addressed to Miss Betty C. 
Graham, Director, Child Welfare Branch; 
Re: Kim Anne Marie Popen. 



113. Letter to The Honourable William Davis, 

Premier, dated July 20, 1976 from the 
Staff Association of the Children's Aid 
Society of the City of Sarnia and County 
of Lambton. 



114. Letter to the President, Staff Associ- 

ation of the Children's Aid Society of 
the City of Sarnia and County of 
Lambton, dated August 6, 1976, from The 
Honourable James Taylor, Q.C., Minister 
of Community and Social Services, 
Toronto. 



115. Communication - Child Welfare Branch, 

Ministry of Community and Social 
Services, Toronto; dated April 14, 1976, 
to the Children's Aid Society, Sarnia, 
requesting a report on the current 
status of case File No. 75-5196 - Kim 
Anne Marie Popen and with reply signed 
by William Lovatt and dated May 7, 1976. 



116. Contentious Issue Report; Re: Death of 

Child Kim Anne Marie Popen, dated 
December 12, 1977; Prepared by Child 
Welfare Branch, Ministry of Community 
and Social Services. 



1605 



117. Statement by The Honourable James 

Taylor, Q.C., Minister of Community and 
Social Services to the Children's Aid 
Societies, Thursday, December 18, 1975. 



118. Organizational Chart, Ministry of Com- 

munity and Social Services; July 1977. 



119. Organizational Chart, Child Welfare 

Branch, Ministry of Community and Social 
Services; May 1978. 



120. Organizational Chart, Children's 

Services, Ministry of Community and 
Social Services. 



121. Letter to the Director, Child Welfare 

Branch, Ministry of Community and Social 
Services; dated March 17, 1977, from H. 
B. Cotnam, M.D., Chief Coroner for 
Ontario Re: Kim Anne Popen. 



122. Letter to H. B. Cotnam, M.D., Chief 

Coroner for Ontario dated March 25, 
1977, from the Director of Child 
Welfare, Ministry of Community and 
Social Services, Re: Kim Anne Popen. 



123. Memorandum to the Director, Child 

Welfare Branch, dated May 13, 1977, from 
William J. Lovatt in response to that 
Branch's request for information (see 
Exhibit #115) . 



124. Memorandum to all Ontario Children's Aid 

Societies, dated January 21, 1977, from 
the Director, Child Welfare Branch, 
Ministry of Community and Social 
Services, Re: Protection of Children at 
Risk. 



1606 



125. Memorandum to all Children's Aid 

Societies and Directors of Children's 
Residences, dated January 26, 1977 from 
the Director, Child Welfare Branch, 
Ministry of Community and Social 
Services, Re: Deaths of Children (in 
Child Welfare and corrections systems). 



126. Child Abuse in Ontario - Research Report 

3, Ontario Ministry of Community and 
Social Services - Research and Planning 
Branch, November 1973. 



127. A working manual for Board Members of 

Children's Aid Societies, Prepared by 
Ontario Association of Children's Aid 
Societies. First Printing, 1975. 



128. Minister's Opening Comments - Meeting of 

Children's Aid Societies to Discuss 
Implementation Planning of the Report of 
the Task Force on Child Abuse, September 
8, 1978; 
and 

Ministry Response to the Recommendations 
of the Task Force on Child Abuse (See 
Exhibit #103 - "The Garber Report"). 



129. Letter to the President, Children's Aid 

Society, Sarnia, dated May 7, 1976 from 
The Honourable James Taylor, Q.C., 
Ministry of Community and Social 
Services, Re: 1976 Estimates. 



130. Bill 114; An Act to revise the Child 

Welfare Act - First Reading, June 8, 
1978. 



131. Bill 114; An Act to revise the Child 

Welfare Act (Reprinted for consideration 
by the Social Development Committee) - 
Second Reading, June 19, 1978. 



1607 



132. Letter to Mr. R. N. McQuarrie, Presi- 

dent, Ontario Association of Children's 
Aid Socities, dated December 19, 1977, 
from David A. Allen, President, 
Children's Aid Society, Lambton County. 



133. 



Committee chaired by Mrs. Margar< 
Farina, Associate Executive Directo 
Ontario Association of Children's A 
Socities. February 24, 1978 (S( 
Exhibit #145 "The Farina Report" dat 
February 15, 1978) . 



d 
e e 
ed 



134. Policies in Regard to Family Services, 

Children's Aid Society, Sarnia. 



135. Policies for Child Care Services, 

Children's Aid Society, Sarnia. 



136. News release - January 31, 1978 - 

Ministry of Community and Social 
Services entitled "Norton announces 
Lambton Children's Aid Society 
Investigation. " 



137. Extracts of the Official Record 

Legislature of Ontario - February 22 and 
23, 1978 - Re: death of Kim Anne Popen. 



138. Interim Report to the Board of Di- 

rectors, Children's Aid Society of the 
City of Sarnia and County of Lambton 
prepared by Harry Zwerver, Special Field 
Consultant to the Children's Aid 
Society, Sarnia and Director, Planning 
and Development, Child Welfare Branch, 
Ministry of Community and Social 
Services, dated April 11, 1978. 



1608 



139. Estimate of Expenditure - year 1978 

(First submission) Submitted by William 
Lovatt, local Director, Children's Aid 
Society, on November 29, 1977 to the 
Honourable Minister of Community and 
Social Services and others. 



140. Letter to Mr. D. Allen, President, 

Lambton Children's Aid Society, dated 
January 12, 1978, from Edward Magder, 
Assistant Director, Ministry of 
Community and Social Services, Re: 
Review of 1978 advance estimate of 
expenditures. 



141. Workload Analysis - Children's Aid 

Society, Sarnia, Lambton - compiled by 
Harry Zwerver, Special Field Consultant 
to the Children's Aid Society, Sarnia 
and Director, Planning and Development, 
Child Welfare Branch, Ministry of 
Community and Social Services, dated 
September 21, 1978. 



142. Statement of Jennifer A, Popen, dated 

June 10, 1978 - received by Investigator 
L. J. Clark, at the Kingston 
Penitentiary for Women. 



143. Transcript of Hearing before His Honour 

Judge Q. L. Nighswander, Provincial 
Court (Family Division) on January 19, 
1976, Re: Section 40(1) of the Child 
Welfare Act, Annals Ambrose Popen and 
Jennifer Angelle Popen (sic) . 



144. Letterhead form "Children's Aid Society 

of The City of Sarnia and the County of 
Lambton. " 



1609 



145. A Review of the Popen Case prepared for 
The Children's Aid Society of the City 
of Sarnia and the County of Lambton by a 
Committee chaired by Mrs. Margaret 
Farina, Associate Executive Director, 
Ontario Association of Children's Aid 
Societies, February 15, 1978. (See 
Exhibit #133 "The Farina Report" dated 
February 24, 1978) . 



146. Statement of Mr. Robert M. Sharen, 
Reeve, Town of Grand Bend, Ontario, 
dated June 15, 1978 and presented orally 
to the Judicial Inquiry on October 3, 
1978. 



147. Curriculum Vitae - Francis Joseph 
Turner, Ph.D., Dean of Social Work at 
Wilfred Laurier University, Waterloo, 
Ontario. 



148. Legal Issues in Child Abuse - Bernard M. 
Dickens, Working paper of the Centre of 
Criminology, University of Toronto, 
January 1976. 



149. Ontario Medical Review - Volume 45, 
Number 1, January 1978 - Child Abuse, 
Special Report. 



150. Twenty-nine colour photographs obtained 
from slide photographs of a presentation 
given by Robert Bates, M.D., Director, 
Child Abuse Programs, Hospital for Sick 
Children, Toronto. 



151. Lethal Family Situations - Child Abuse 
Deaths in England, the United States and 
Canada, An International Comparison by 
Cyril Greenland, McMaster University, 
Hamilton, Ontario. August 1978. 



1610 



152. The Interim Report - The College of 

Physicians and Surgeons of Ontario. 
February 1978. 

153-165. Notices to persons who may be affected 
by the Report: 

153. To: Jennifer A. Popen; 

154. To: M. D. Thorp, M.D.; 

155. To: R. Kunwar Singh, M.D.; 

156. To: S. F. Jumean, M.D.; 

157. To: Robert Cook, Chief of Police, 

Sarnia Police Force; 

158. To: Judy Vandenberghe ; 

159. To: Douglas Vandenberghe; 

160. To: A. M. Khattab; 

161. To: The Administrator, St. Joseph's 

Hospital, Sarnia, Ontario; 

162. To: William J. Lovatt; 

163. To: William F. Higgins; 

164. To: S. Lotta, M.D.; 

165. To: B. McCrudden, M.D. 



166. Statement of Judy and Douglas 

Vandenberghe, dated December 19, 1978 
and presented orally to the Judicial 
Inquiry by Douglas Vandenberghe on 
January 8, 1979. 



167. Letter to Robert G. Murray, Associate 
Counsel to the Judicial Inquiry, dated 
December 5, 1978 from B. E. McCrudden, 
M.D., Re: Notice (see Exhibit #165 and 
#175) and attached thereto the reply of 
Robert Grant Murray, Associate Counsel 
to B. E. McCrudden, M.D. 



168. Letter to Mr. N. D. McRae, Counsel to 
the Judicial Inquiry, dated December 27, 
1978 from Mr. William F. Higgins, Re: 
Notice (see Exhibit #163). 



169. Written submission made on behalf of 
Mabel Harvey by her Counsel, D. L. 
Whitman. 

1611 



170. Written submission made on behalf of 

Jennifer Popen by her Counsel, Peter R. 
Merchant. 



171. Written submission made on behalf of the 

Ministry of Correctional Services and 
its staff by their Counsel, Murray W. 
Chitra. 



172-173. Notices to persons who may be affected 
by the Report: 

172. To: Andrew Lang; 

173. To: Edward Hibbert. 



174. Written submission made on behalf of the 
Children's Aid Society of the City of 
Sarnia and County of Lambton by their 
Counsel B. Thomas Granger, Q.C. and Ms. 
B. J. Bowlby. 



175. Letter to Robert G. Murray, Associate 
Counsel to the Judicial Inquiry, dated 
January 2, 1979 from B. E. McCrudden, 
M.D., Re: Notice (see Exhibit #165 and 
#167). 



176. Written submission made on behalf of the 
Sarnia Police Force and Officers James 
Allen, Barry Wyville and Christopher 
Gander by their Counsel, Carl E. Fleck, 
Q.C. 



177. Written submission made on behalf of the 
Ministry of Community and Social 
Services and its staff by their Counsel, 
Rosemary J. McCully. 



178. Additional written submission made on 
behalf of the Ministry of Community and 
Social Services by it's Counsel, 
Rosemary J. McCully. 



1612 



179. 



Bill 114; An Act to revise the Child 
Welfare Act - Third Reading, December 
12, 1978. 



180. 



Affidavit of William John Lovatt for use 
upon an Application for Judicial Review 
Pursuant to the Judicial Review 
Procedure Act, 1971 S.O. 1971, Chapter 
48. 



181. 



Cross-examination on an Affidavit of 
William John Lovatt (Exhibit #180) taken 
before Mr. David Mackay Jackson, Local 
Registrar and Special Examiner, at 
Sarnia, Ontario on March 29, 1979. 



182. 



Notice of withdrawl by the applicant 
William Lovatt of his Application for 
Judicial Review dated January 24, 1979. 



1613 



SCHEDULE 1-D 



WITNESSES APPEARING BEFORE THE JUDICIAL INQUIRY 



1. 



2. 



3. 



4. 



ALLAN, (Staff 
Sergeant) James 

ALLEN, David A. 



ARCHER, Lois 
Eleanor 



BATES, (M.D.) 
Robert 



- Sarnia Police Force 



Member Board of Directors 
and Past President - 
Children's Aid Society for 
the City of Sarnia and 
County of Lambton 

Co-ordinator of Child 
Placement Services and 
Supervisor of Child Care 
Worker - Children's Aid 
Society, Sarnia 

Director - Child Abuse 
Program, Hospital for 
Sick Children, Toronto 
(For particulars of 
Curriculum Vitae see 
Schedule 1-E) 



5. BROUWER, George 



Probation and Parole 
Officer - Ministry of 
Correctional Services, 
Sarnia 



6. CARTER, Harold 
Raymond 



7. CECILE, Adrian 



8. 



CECILE, Madeline 



Social Worker 2, 
Children's Aid Society, 
Sarnia (For particulars 
of Curriculum Vitae see 
Schedule 1-E) 

Children's Aid Society 
Foster parent to Kim 
Anne Popen 

Children's Aid Society 
Foster mother to Kim 
Anne Popen 



1614 



9. CHALMERS, 
(Constable ) 

William K. 

10. CHARKO, Stephen 



11. CLARK, (Provincial 

Constable) , 
Lloyd John 

12. DICK, Audrey 

Lillian 



13. DUNCAN, (M.D.) 

Lucy 

14. FARINA, Margaret 



15. GANDER, (Constable) 

Christopher James 

16. GINN, Deborah 

17. HARVEY, Mabel T. 



18. HEATH, Bruce Ross 



- Sarnia Police Force 



Supervisor of Field 
Services, Child Welfare 
Branch, Ministry of 
Community and Social 
Services, Toronto - (For 
particulars of Curricula 
Vitae see Schedule 1-E) 

Petrolia Detachment, 
Ontario Provincial Police 



- Social Worker 2 
Children's Aid Society, 
Sarnia 

- Medical Officer of Health, 
County of Lambton 

- Chairman of Committee 
formed at the request of 
the President of the 
Children's Aid Society, 
Sarnia to study and review 
the case handling and 
decision making of the 
Popen case. (For 
particulars of Curriculum 
Vitae see Schedule 1-E) 

- Sarnia Police Force 



- Babysat Kim Anne Popen 

- Supervisor of Family 
Services, Children's Aid 
Society, Sarnia - (For 
particulars of Curriculum 
Vitae see Schedule 1-E) 

- Member of "Farina" 
Committee - (For 
particulars of Curriculum 
Vitae see Schedule 1-E) 



1615 



19. HEENAN, (Sister) 
Rita 



Executive Director, 
St. Joseph's Hospital, 
Sarnia 



20. HEWITT, Betty 
Louise 



21. HIBBERD, Edward 



22. HIGGINS, William 



23. HOAD, Winona 



24. JUMEAN, (M.D.), 

S.F. 

25. KAMEKA, Francis 

26. KENNEDY, 

(Constable ) , 
Edward James 

27. KHATTAB, Abdul M. 



28. KIRBY, Mary I. 



29. KULY, Elizabeth 



Registered Nurse - 
Formerly on staff at 
St. Joseph's Hospital, 
Sarnia 

Assistant Crown Attorney, 
County of Lambton - (For 
particulars of Curricula 
Vitae see Schedule 1-E) 

Barrister and Solicitor, 
Former member Board of 
Directors, Children's Aid 
Society, Sarnia - (For 
particulars of Curricula 
Vitae see Schedule 1-E) 

Volunteer worker 
Children's Aid Society, 
Sarnia 

Popen family doctor 



Nephew of Annals Popen 
Sarnia Police Force 



Director of Social 
Services, St. Joseph's 
Hospital, Sarnia - (For 
particulars of Curricula 
Vitae see Schedule 1-E) 

Social Worker 2, 
Children's Aid Society, 
Sarnia 

B .Sc. (Nursing) , 
Public Health Unit 
County of Lambton 



1616 



30. LANG, Andrew 



31. LO, Yuan Shirley 



Crown Attorney for the 
County of Lambton - (For 
particulars of Curricula 
Vitae see Schedule 1-E) 

Social Worker 1, 
Children's Aid Society, 
Sarnia - (For particulars 
of Curricula Vitae see 
Schedule 1-E) 



32. LOVATT, Corinne 



Wife of William John 
Lovatt 



33. LOVATT, William 
John 



Former local Director, 
Children's Aid Society of 
the City of Sarnia and 
County of Lambton - (For 
particulars of Curricula 
Vitae see Schedule 1-E) 



34. MAINVILLE, Sylvio 
J. 



35. MAUGHAN, Catherine - 



Director - Family and 
Children's Services for 
the City of St. Thomas and 
County of Elgin 

Volunteer Probation 
Worker, Ministry of 
Correctional Services, 
Sarnia 



36. MITCHELL, Kathy 



37. MYERS, Dorothy 
Winifred 



Former Volunteer 
Co-ordinator , Children's 
Aid Society, Sarnia 

Office manager. 
Children's Aid Society, 
Sarnia 



38. MACDONALD, John 
Kennedy 



Director - Child Welfare 
Branch, Ministry of 
Community and Social 
Services 1974-1978 - Area 
Planning Co-ordinator, 
Ministry of Community and 
Social Services - (For 
particulars of Curricula 
Vitae see Schedule 1-E) 



1617 



39. McCABE, Peter 



40. McCRUDDEN, (M.D.), 
Brian Edward 
Victor 



Assistant Executive 
Director of the Essex 
County Children's Aid 
Society — Interim 
Director, Children's Aid 
Society, Sarnia - (For 
particulars of Curricula 
Vitae see Schedule 1-E) 

Radiologist, St. Joseph's 
Hospital, Sarnia 



41. McPHEDRAN, John 



42. NIGHSWANDER (Judge 
Q. Lloyd 



) - 



President of the Board of 
Directors, Children's Aid 
Society, Sarnia 

Provincial Court Judge 
(Family Division) - (For 
particulars of Curricula 
Vitae see Schedule 1-E) 



43. PATODIA, (M.D.) G. - Pathologist 



44. POPEN, Annals 
Ambrose 



Father of deceased 
Kim Anne Popen 



45. POPEN, Jennifer 

Angela 

46. PETERSEN, Arne 



Mother of deceased 
Kim Anne Popen 

Member of "Farina" 
Committee - (For 
particulars of Curriculum 
Vitae see Schedule 1-E) 



47. ROSS, (Inspector), 
Donald, W. 



- Sarnia Police Force 



48. SAUL, Sandra Lynn 



- Social Worker 2, 

Children's Aid Society, 
Sarnia 



49. SHAREN, Robert 
Mark 



- Reeve, Town of Grand Bend, 
Ontario 



50. SINGH, (M.D.), 
Kunwar 



- Chief of Pediatrics, 
St. Joseph's Hospital, 
Sarnia - (For particulars 
of Curriculum Vitae see 
Schedule 1-E) 



1618 



51. SOHN, (Ph.D.), 
Herbert Alvin 



Co-ordinator of the Child 
Abuse Program, Ministry of 
Community and Social 
Services, Toronto - (For 
particulars of Curriculum 
Vitae see Schedule 1-E) 



52. THORP. (M.D.), 

Malcolm Duff 

53. TURNER, (Constable) 

Ronald J. 



- General medical 
practitioner - Sarnia 

- Sarnia Police Force 



54. TURNER, (Ph.D), 
Francis Joseph 



Dean of Social work at 
Wilfred Laurier University 
- Waterloo, Ontario - (For 
particulars of Curriculum 
Vitae see Schedule 1-E) 



55. VANDENBERGHE, 

Douglas 

56. VANDENBERGHE, Judy - 



Close friend of Annals and 
Jennifer Popen 

Close friend of Annals and 
Jennifer Popen 



57. WATERS, (Staff 

Sergeant) , 
Lyle J. 

58. WILLIAMS, Inez 



59. WOOD, Patricia 
Mildred 



60. WRYZYKOWSKI, 
Raymond 



- Sarnia Police Force 



Oral submission to Inquiry 
with respect to the Lovatt 
family 

Member of the Board of 
Directors, Children's Aid 
Society, Sarnia 

Barrister and Solicitor, 
Sarnia - Past President, 
Board of Directors of 
Children's Aid Society, 
Sarnia 



61. WYVILLE (Constable) 
Barry A. 



- Sarnia Police Force 



1619 



62. ZWERVER, Harry 



- Director of Planning and 
Development, Metropolitan 
Toronto Children's Aid 
Society and Special Field 
Consultant, Ministry of 
Community and Social 
Services - (For 
particulars of Curricula 
Vitae see Schedule 1-E) 



1620 



SCHEDULE 1-E 



Qualifications of Certain Witnesses 
Appearing Before the Judicial Inquiry 



Robert Bates, M.D. 



Doctor of Medicine - University of Toronto, 1968. 

Two years specialty training in pediatrics at the 
Hospital for Sick Children, Toronto. 

One year of further training in pediatrics at Sydney, 
Australia. 

Chief medical resident at the Hospital for Sick 
Children, Toronto. 

Fellowship in Pediatrics, 1973. 

On full-time staff at Hospital for Sick Children, 
Toronto, until January 1978. 

Appointed Director of Child Abuse, Hospital for Sick 
Children, Toronto, January 1973. 

Member of the Garber Task Force on Child Abuse, June, 
1978. 

Has had papers published in various journals and text 
books, including Violence in the Family delivered to 
the Second International Conference of the Family Law 
Association, Montreal, P.Q. , 1977. 

Has given expert evidence on Child Abuse at all 
levels of court in Ontario, 



1621 



Mr. Harold Carter 



2 1/2 years at Stroud Polytechnical Institute, 
towards a Degree in a Bachelor of Arts Course. 

1942 - 1946 Royal Air Force. 

1946 - 1951 Part-time studies and Manager of a Radio 
and Television Store related to Air Force experience 
in radio. 

1951 - emigrated to Canada. 

Extension Course - University of Western Ontario - 
1 Credit towards Degree. 

1960 - Child Welfare Branch Course in Social Work. 

1964 - Advanced Course in Social Work Child Welfare 
Branch. 

Positions Held 

Social Worker with the Children's Aid Society for the 
City of Sarnia and County of Lambton. 

Social Worker II (1978) with the Children's Aid 
Society for the City of Sarnia and County of Lambton. 



1622 



Mr. Stephen Charko 



Two year course in Youth's Services - Augsburg, 
West Germany. 

Master of Arts Degree - University of Ottawa. 

Has taken numerous other courses in Social Work and 
Social Case Work at the University of Ottawa and 
supervisor and local director administrative courses. 

Positions Held 

Case worker in Family Services and Child Care 
Departments - Children's Aid Society of Ottawa and 
Carleton County. 

Supervisor Family Service for Children's Aid Society 
of Stormount, Dundas and Glengarry. 

Local Director, Children's Aid Society, District of 
Kenora. 

Child Welfare Supervisor, Child Welfare Branch of 
Ministry of Community and Social Services. 

Supervisor of Field Services for Child Welfare Branch 
from August, 1971. 



1623 



Mrs. Margaret Farina 



Bachelor of Arts - University of British Columbia, 
1947. 

Bachelor of Social Work - University of British 
Columbia, 1952. 

Master of Social Work - University of Toronto, 1962. 

Master of Education - University of Toronto, 1976. 

Positions Held 

Caseworker, intake worker, supervisor, branch 
director, regional director (family service), project 
director (research). 

Field instructor for Faculty of Social Work, 
University of Toronto. 

Executive Director, Ontario Association of Family 
Service Agencies. 

Associate Executive Director, Ontario Association of 
Children's Aid Societies. 

Program Development Specialist, Child Welfare Branch, 
Ministry of Community and Social Services (June, 
1978) . 

Relevant Publications and Reports include; 

Standards of Practice and Procedure for Children in 
Alternate Care (Ontario Association of Children's Aid 
Societies - 1974) . 

Guidelines for the Handling of Cases of Child Abuse 
(Ontario Association of Children's Aid Societies - 
1976) . 

Assessment of the Family Counselling Services of the 
Children's Aid Society of the County of Simcoe, 1974. 

A Study of the Costs of Children in Outside Paid 
Institutions, Children's Aid Society of Sudbury and 
Manitoulin, 1976. 



1624 



Mrs. Mabel Winnifred Harvey 

Bachelor of Arts - McMaster University, Hamilton, 
Ontario, 1945. 

Master of Social Work - Smith College, Northhampton, 
Mass., 1953. 

Positions Held 

Social Worker, Children's Aid Society, City of 
Ottawa . 

Social Worker, Children's Aid Society, City of Sarnia 
and County of Lambton. 

Regina General Hospital, Regina, Saskatchewan - 
Psychiatric Wing. 

Children's Home Society, Jacksonville, Florida. 

Department of Child Welfare, New Orleans, Louisianna. 

New Orleans Child Guidance Centre - Working with a 
team of Psychiatrists and Psychologists and Social 
Workers with Disturbed Children and their families. 

Supervisor of Family Services for the Children's Aid 
Society for the City of Sarnia and County of Lambton. 

Professional Associations 

Member of The National Association of Social Workers 
(U.S.A. ) . 

Member of the Academy of Certified Social Workers 
(U.S.A. ) . 



1625 



Mr. Bruce R. Heath 

Bachelor of Arts - University of Toronto, 1961. 

Bachelor of Social Work - University of Toronto, 
1963. 

Master of Social Work - University of Toronto, 1964. 
Positions Held 

Social Worker, intake worker, supervisor of 
protection department. Catholic Children's Aid 
Society of Hamilton-Wentworth, 

Unit supervisor (protection department) and district 
supervisor (family services department) Catholic 
Children's Aid Society of Metropolitan Toronto. 

Local Director of the Children's Aid Society of the 
County of Huron. 

Field consultant and supervisor. Child Welfare 
Branch, Ministry of Community and Social Services, 
Toronto. 



1626 



Mr. Edward Hibberd 



Called to the Bar of Ontario 1957. 

Assistant Crown Attorney for the County of Lambton 
from 1974. 



1627 



Mr. William Higgins 



Barrister and Solicitor practising from 1954 in the 
City of Sarnia in private practice. Approximately 50 
per cent of his practice is in the Family Law area. 

Acted for Annals Popen and Jennifer Popen in 1975/76 
upon charge of neglecting Kim contrary to section 40 
of The Child Welfare Act , R.S.O. 1970 and upon 
Children's Aid Society application for Crown wardship 
of Kim. 

Elected to the Board of Lambton County Children's Aid 
Society in March 2, 1976 and resigned early 1978. 

Acted for Jennifer Popen upon manslaughter charge 
arising out of Kim's death from September, 1976 to 
trial in December, 1977. 



1628 



Mr. Abdul Khattab 

Master of Theology - University of Alazhar, Egypt. 

Bachelor of Social Work - Institute of Social 
Services in Egypt. 

Master's Degree in Sociology - University of Alberta 
Position Held 

Social Worker - St. Joseph's Hospital in Sarnia from 
1974. 



1629 



Mr. Andrew Matthew Lang 



Called to the Bar of Ontario in 1971. 

Prosecutor with Federal Department of Justice 1971 
and 1972. 

Assistant Crown Attorney, County of Lambton from 
January 31st 1972 to August 31st 1973. 

Crown Attorney for County of Lambton from September 
1, 1973. 



1630 



Mrs. Shirley Lo 



Bachelor of Arts - Taiwan University, 1970. 

Master's Degree in Elementary Education - University 
of Connecticut (Included courses in Social 
Psychology, Early Child Development, Charactertistics 
of Emotionally Disturbed Children, Elementary 
Science, Elementary Children's Literature, Curriculum 
Audio Visual Aids and Sociology and General 
Psychology in Undergraduate years). 

Positions Held 

Office Clerk, Connecticut, U.S.A. 

Social Worker I, Children's Aid Society of the City 
of Sarnia and the County of Lambton. 

Worked with a temporary retired Social Worker at the 
Children's Aid Society and worked with other Social 
Workers on their investigations. 

Assigned the Kim Anne Popen Case, 



1631 



Mr. William John Lovatt 



Bachelor of Arts in Honours, Modern Language - 
University of Birmingham, England, 1951. 

Bachelor of Social Work - University of Toronto, 
Ontario, 1963. 

Accounting Course - LaSalle Business College, 
Chicago, U.S.A. (Correspondence Course). 

Courses sponsored by the Child Welfare Branch of the 
Ontario Government and the Ontario Association of 
Children's Aid Societies. 

Basic Child Welfare Course, 

Supervisory Course. 

Administrative Course. 

Positions Held 

Personnel Selection in Statistics - Royal Air Force. 

Personnel Assistant to Senior Engineer, General 
Electric Company of England. 

Case Worker - Children's Aid Society, City of Sarnia 
and County of Lambton. 

Sole Supervisor for the Children's Aid Society, City 
of Sarnia and County of Lambton. 

Local Director - Children's Aid Society, City of 
Sarnia and County of Lambton. 

Community Involvement 

Founding Director and Chairman of the Case Worker 
Selection Committee, Big Brothers of Sarnia Lambton. 

Member of the City of Sarnia Youth Committee. 

Founding member of the Coordinating Committee for 
Children and Youth in Sarnia Lambton. 

continued 



1632 



Mr. William John Lovatt 

Community Involvement (continued) 

Founding Consultant and on Personnel Committee Huron 
House Boys' Home. 

Member and Chairman of the Program Committee of the 
Health, Education and Welfare Group in Sarnia. 

Founding Director and member of the Planning and 
Program Committee and the Personnel Committee of the 
Social Planning and Research Council for Lambton 
County. 

Member of the Mental Retardation District Working 
Group Lambton County. 

Member of the Advisory Council Lambton College in the 
General Arts and Applied Science Department. 

Member of the Advisory Council for Early Childhood 
Education and Basic Job Readiness Training. 

Past Cub Master in the Scouting Movement. 

Chairman of the Parish Hall at local church. 

Member of the church choir. 

Past member of the church Board of Management. 



1633 



Mr. John Kennedy Macdonald 



Bachelor of Science in Social Sciences - University 
of Ottawa. 

Masters Degree in Social Work - University of 
Toronto. 

Positions Held 

Foster Care Home Finder - Catholic Children's Aid 
Society for Hamilton-Wentworth. 

Administrative Assistant, Institutional Services 
Worker, Supervisor of Institutional Services, 
Director of Child Placement Resources ~ Catholic 
Children's Aid Society of Metropolitan Toronto. 

Director of Child Welfare for Ministry of Community 
and Social Services from 1974 to 1978. 

Area Planning Co-ordinator for the Ministry of 
Community and Social Services. 



1634 



I 



Mr, Sylvio Mainville 

Bachelor of Arts Degree - University of Ottawa. 

Masters Degree in Social Work - University of Ottawa. 

Positions Held 

Social Worker and later Supervisor - Cochrane and 
Timmins District Children's Aid Society. 

Lecturer at School of Nursing in Timmins on human 
growth and behaviour. 

Child Welfare Consultant with the Ministry of 
Community and Social Services from September 1970 
until later January 1976. 

Supervisor of Child Welfare Branch of said Ministry 
from 1970 to 1973. 



1635 



Mr. Peter McCabe 

Bachelor of Arts Degree - University of Western 
Ontario. 

Masters Degree in Social Work - University of Ottawa. 
Positions Held 

Director of Catholic Social Services for the Diocese 
of London. 

Social Worker - Children's Aid Society in Guelph. 

Head of Children's Services Departmentt - Niagara 
Region Children's Aid Society. 

Assistant to Local Director - Children's Aid Society, 
Windsor. 

Interim Local Director, City of Sarnia and Lambton 
County Children's Aid Society. 



1636 



Judge Quincy Lloyd Nighswander 



Education and Experience 

Post War - Worked as a Social Worker - Big Brothers' 
Organization in Toronto - 1 year. 

Following 2 years. Field Worker - Children's Aid 
Society, County of Simcoe. 

Then attended School of Social Work. 

1950-1953 - Director of the Children's Aid Society of 
the County of Kent, Chatham. 

1953-1968 - Ontario Provincial Probation Officer 
dealing with both adult and juvenile offenders. 

1968 - Appointed Provincial Judge (Family Division) 
for Chatham and Kent County and Sarnia and Lambton 
County. 

Employed full time as Provincial Judge (Family 
Division) for Chatham and Kent County and Sarnia and 
Lambton County May 1969 through September 1976. 

1976 to 1977 Provincial Judge (Family Division) for 
Chatham and Kent County. 



1637 



Mr. Arne Petersen 



Bachelor of Arts - University of Copenhagen, Denmark, 
1953. 

Bachelor of Social Work - University of Manitoba, 
1960. 

Master of Social Work - University of Manitoba, 1961. 

Positions Held 

Social Worker, Department of Health and Welfare, 
Province of Manitoba. 

Social Work Supervisor, Department of Health and 
Welfare, Province of Manitoba. 

Social Work Supervisor, Children's Aid Society, 
London, Ontario. 

Department Head of Family and Protective Services, 
Children's Aid Society, London, Ontario. 

Teaching Master at Fanshaw College (Social Welfare 
Worker Course), London, Ontario. 

Department Director of Children's Services and 
Resources, Children's Aid Society of London, Ontario. 

Assisted as Director of Services at St. Thomas 
Children's Aid Society during the winter of 1975/76. 

Serving as Board Member at the Madame Vanier 
Children's Services, London, Ontario and at Girls' 
Group Home Incorporated, London, Ontario. 



1638 



Kunwar Singh, M.D. 



Doctor of Medicine - University of Osmanian 
Hyderabad, India, 1965. 

Positions Held 

Children's Hospital Montreal, P.Q. 1967 Specialized 
in Pediatrics. 

Children's Hospital - Halifax, N.S., 1968 Specialized 
in Pediatrics. 

Admitted to the Royal College of Physicians and 
Surgeons, 1971 and licensed to practice Medicine in 
the Province of Ontario - Established a practice in 
pediatrics, Sarnia, Ontario, 1971. 

Chief of Pediatrics, St. Joseph's Hospital, Sarnia, 
Ontario. 

Chairman, Child Abuse Committee, Sarnia General 
Hospital, Sarnia, Ontario, November, 1976. 



1639 



Herbert A. Sohn, Ph.D 



Bachelor of Arts - University of Florida, U.S.A., 
1949. 

Master of Social Work - University of Toronto, 1961. 

Doctorate in Social Work - University of Toronto, 
1975. 

Positions Held 

Youth worker, department head, assistant program 
director and director YMCA and YWHA, Toronto. 

Human rights officer and assistant director, Ontario 
Human Rights Commission, Ministry of Labour. 

Research and teaching assistant, University of 
Toronto. 

Staff training consultant. Director of Vocational 
Rehabilitation, Director of the Senior Citizens 
Bureau, and Director of Social Services for 
Metropolitan Toronto. 

Co-ordinator of Child Abuse Programs, Ministry of 
Community and Social Services, Toronto. 



1640 



Francis J. Turner, Ph.D. 

Bachelor of Arts - University of Western Ontario, 
1949. 

Theology - University of Western Ontario, 1949-51. 

Bachelor of Social Work - University of Ottawa, 1953. 

Master of Social Work - University of Ottawa, 1955. 

Post-Masters Courses - University of Toronto, Faculty 
of Social Work, 1956-58 (part-time). 

Doctorate in Social Work - Columbia University, 
School of Social Work, 1963. 

Academic Career 

Dean, Faculty of Social Work, Wilfred Laurier 
University, 1975. 

Vice-president: Academic (acting), Wilfred Laurier 
University, September 1974 - September 1975. 

Visiting Professor, Oxford University, Department of 
Social and Administrative Studies, 1974 
(April-Sept. ) . 

Dean, Faculty of Social Work, Wilfred Laurier 
University (Waterloo Lutheran), 1969 - April 1974. 

Professor and Chairman, Department of Social Work, 
Memorial University of Newfoundland (leave of absence 
from W.L.U. to assist in establishing programme) 
1968-69. 

Professor, Waterloo Lutheran University, 1967-68. 

Associate Professor, Waterloo Lutheran University, 
1966-67. 

Assistant Professor, University of Ottawa, School of 
Social Welfare, 1963-66. 



continued 



1641 



Francis J. Turner^ Ph.D. (cont'd) 

Extra University Relevant to Social Work 

Chairman, Board of Accreditation, Canadian 
Association of Schools of Social Work, 1970-73. 

Chairman, Ontario Association of Deans and Directors 
of Schools of Social work, 1970-73. 

Consultant, Undergraduate programmes in Social Work; 
Kings College, Western, Lakehead University, Memorial 
University, Ryerson Polytechnical Institute, 
Universite de Moncton, 

Professional Career 

PRACTICE POSITIONS 

Chief Social Worker Ontario Hospital, New Toronto, 

1962-63. 



Unit Supervisor 



Ontario Hospital, New Toronto, 
1960-62. 



Social Worker 
Assistant Director 
Social Worker 
Social Worker 



Catholic Charities, White 
Plains, New York, 1960 (Summer). 

Catholic Social Service Bureau, 
Peterborough, 1957-59. 

Catholic Children's Aid Society 
of Toronto, 1956-57. 

Catholic Children's Aid Society 
of Windsor, 1952-53, 1955-56. 



Has been involved in various capacities as author and 
editor in the publication of books and is the author 
of many learned articles, reports and lectures 
relating to social work. 



1642 



Mr, Harry Zwerver 

Bachelor of Arts in Behavioural Sciences - Calvin 
College, 1965. 

Bachelor of Social Work - University of Toronto, 
1966. 

Completing Master's course in Social Welfare 
Policies - McMaster University. 

Positions Held 

Intake worker and community worker with North York 
branch of Metropolitan Toronto Children's Aid 
Society. 

Co-ordinator of Lawrence Heights Family and Child 
Services. 

Head of Family Services department and sometimes 
Acting Branch Director, Etobicoke branch of 
Metropolitan Toronto Children's Aid Society. 

Instructor in Social Services and Law Enforcement - 
programs at Humber College. 

Executive Assistant to the Executive Director of the 
Metropolitan Toronto Children's Aid Society. 

Director of Planning and Development for the 
Metropolitan Toronto Children's Aid Society. 

Chairman of the Financial Information Systems Review 
Committee co-sponsored by the Ministry of Community 
and Social Services and the Ontario Association of 
Children's Aid Societies. 

March 7, 1978 appointed as a Special Field Consultant 
responsible for the operation of the City of Sarnia 
and Lambton County Children's Aid Society. 



continued 



1643 



Mr. Harry Zwerver (cont'd) 



Community Involvement 

Member of Child Welfare Case Management Information 
System Steering Council. 

Member of the Children's Services Divisions 
Information Systems Task Force. 

Member of the Divisions Provincial Standards 
Development Advisory Committee. 



1644 



SCHEDULE 2-A 



CALENDAR OF SIGNIFICANT EVENTS IN KIM'S LIFE 
INCLUDING COURT APPEARANCES 



January 13, 1973 Annals Ambrose Popen and 

Jennifer Angela Popen (nee 
Mair) were married in Jamaica. 

January 27, 1974 Jennifer Popen joined her 

husband in Sarnia, Ontario. 

January 11, 1975 Kim was born in Sarnia. 

March 22, 1975 Kim was admitted to hospital 

with a fracture of the left 
arm. 

March 26, 1975 Dr. Singh suspected Battered 

Child Syndrome and referred 
case to hospital's social 
worker. 

March 31, 1975 Kim suffered an upper respi- 
ratory infection. 

April 12, 1975 Kim was treated, as a hospital 

out-patient, for an upper 
respiratory infection. 

April 28, 1975 Kim was admitted to hospital 

suffering bronchiolitis and 
diaper rash. 

June, 1975 At request of a relative, Mrs. 

Fay Popen, Dr. Jumean examined 
Kim in his office and noted 
multiple bruises. 

June 16, 1975 By telephone Dr. Jumean 

notified the Sarnia Police 
Force and The Lambton Health 
Unit of Kim's injuries and her 
relative's allegation. 



1645 



June 17, 1975 



June 19, 1975 



Residence of Mr. & Mrs. Cecil 
Popen visited by Sandra L. 
Saul, Winona J. Hoad and Police 
Constable Gander for purposes 
of inspecting Kim. 

Dr. Jumean examined Kim in his 
office and notes same bruising 
as on previous visit that 
month. 



August 31, 1975 



Kim was admitted to hospital 
suffering multiple bruises and 
fresh fracture of the left arm. 



August 31, 1975 



Kim was taken into care of the 
Society after both parents 
signed a non-ward agreement 
effective for one month. 



September 1, 1975 



September 5, 1975 



September 8, 1975 



X-rays revealed two ribs on 
left side of Kim's rib cage had 
healing fractures. 

Kim was released from hospital 
to care of Society and was 
placed in a foster home. 

Provincial Court (Family 
Division). Application for 
wardship brought by the 
Society. Adjourned to October 
29, 1975. 



September 10, 1975 



October 16, 1975 



Kim removed from first foster 
home and placed in foster home 
of Mr. & Mrs. Cecile. 

Information laid charging 
Annals Popen and Jennifer Popen 
under section 40(1) The Child 
Welfare Act "Fail to Protect 
Child." 



October 29, 1975 



Provincial Court (Family 
Division) , Application for 
wardship adjourned to January 
19, 1976. 



1646 



October 30, 1975 Provincial Court (Criminal 

Division). Charge against 
Kim's parents under The Child 
Welfare Act adjourned to 
November 13, 1975. 

November 13, 1975 Provincial Court (Criminal 

Division) . Charge under The 
Child Welfare Act adjourned to 
November 17, 1975 and trans- 
ferred to the Provincial Court 
(Family Division). 

November 17, 1975 Provincial Court (Family 

Division) . Annals Popen and 
Jennifer Popen enter pleas of 
Not Guilty to the charge under 
The Child Welfare Act . 
Adjourned to January 19, 1976. 

January 19, 1976 Provincial Court (Family 

Division) , Application for 
wardship and the charge under 
The Child Welfare Act both 
adjourned to February 25, 1976. 

February 23, 1976 Provincial Court (Family 

Division). Annals Popen 
entered a plea of Guilty to the 
charge under The Child Welfare 
Act. The same charge against 
Jennifer Popen was withdrawn by 
the Crown. Adjourned to March 
29, 1976 for pre-sentence 
report and sentence. 

February 25, 1976 Provincial Court (Family 

Division). The Society's 
request for a two month ward- 
ship of Kim was increased to 
six months by the presiding 
judge. 

March 29, 1976 Provincial Court (Family 

Division) . Annals Popen placed 
on probation and sentence was 
suspended for a period of one 
year. 



1647 



May 27, 1976 
August 4, 1976 



August 11, 1976 
September 18, 1976 



August 11, 1977 



November 28, 1977 



Kim was returned home to her 
parents. 

Provincial Court (Family 
Division) , The Society 
requested a supervision order. 
The matter was adjourned to 
September 13, 1976, with Kim in 
the care of the Society. 

Kim was pronounced dead. 

An Information was laid 
charging Annals Popen and 
Jennifer Popen under Section 
217 Criminal Code of Canada 
- manslaughter. 

Preliminary Hearing concluded 
at Provincial Court (Criminal 
Division) . Annals Popen and 
Jennifer Popen committed to 
trial by judge and jury on the 
charge of manslaughter - 
Section 217 Criminal Code of 
Canada . 

In the Court of the General 
Sessions of the Peace for the 
County of Lambton. Annals 
Popen and Jennifer Popen 
entered pleas of Not Guilty to 
the charge under Section 217 
Criminal Code of Canada - 
manslaughter. 



December 5, 1977 



In the Court of the General 
Sessions of the Peace for the 
County of Lambton. Jennifer 
Popen changed her plea to that 
of Guilty to the charge of 
manslaughter - Section 217 
Criminal Code of Canada . 
Remanded to December 31, 1977 
for sentence upon being found 
guilty by the jury. 



1648 



December 8, 1977 



December 21, 1977 



June 1, 1981 



In the Court of the General 
Sessions of the Peace for the 
County of Lambton. Annals 
Popen found guilty by the jury 
on the charge of manslaughter - 
Section 217 Criminal Code of 
Canada . Remanded to December 
21, 1977 for sentence. 

In the Court of the General 
Sessions of the Peace for the 
County of Lambton. Jennifer 
Popen was sentenced to seven 
years imprisonment. Annals 
Popen was sentenced to one year 
imprisonment. (Annals Popen 
was subsequently released from 
custody pending his appeal 
against conviction. ) 

In the Supreme Court of Ontario 
Court of Appeal - Appeal* by 
Annals Popen against his 
conviction only. Unaminous 
finding. "Accordingly, in the 
result the appeal is allowed, 
the conviction is quashed and a 
new trial is ordered." 



December 8, 1981 



In the Court of the General 
Sessions of the Peace in and 
for the County of Lambton. 
Annals Popen, upon a directed 
verdict by the presiding judge 
was found not guilty by a jury 
on the charge under Section 217 
Criminal Code of Canada - man- 
slaughter. 



1649 



SCHEDULE 2-B 



Extracts from The Child Welfare Act , R.S.O. 1970, 

Chapter 64 and Regulations thereunder as of 
March 26, 1975 

INTERPRETATION 

1. In this Act 

(a) "approved estimate" means the estimate of 
net expenditures of a children's aid society 
finally approved under sections 8 to 11; 

(b) "children's aid society" or "society" means 
a children's aid society approved by the 
Lieutenant Governor in Council under this 
Act; 

(c) "Director" means a director appointed for 
all or any of the purposes of this Act; 

(d) "local director" means the local director of 
a children's aid society appointed under 
this Act; 

(e) "Minister" means the Minister of Community 
and Social Services; 

(f) "municipality" means a county, metropolitan 
municipality, city or separated town, but 
does not include a city or separated town in 
a metropolitan municipality, and in a 
territorial district means a city, town, 
village, township or improvement district; 

(g) "prescribed" means prescribed by the 
regulations ; 

(h) "regulations" means the regulations made 
under this Act. R.S.O. 1970, c.64, s.l; 
1972, c.l, s.l9(3); 1975, c.l, s.l. 

2. (2) The Director shall, 

(a) advise and supervise children's aid 
societies ; 



1650 



(b) inspect or direct and supervise the 
inspection of the operation and records of 
children's aid societies; 

(c) exercise the powers and duties of a 
children's aid society in any area in which 
no society is functioning; 

(d) inspect or direct and supervise the 
inspection of any place in which a child in 
the case of a society is placed; 

(e) prepare and submit an annual report to the 
Minister; 

(f) keep books of account of all moneys received 
by him, showing the receipts and dis- 
bursements ; 

(g) perform such other duties as are prescribed 
by this Act or the regulations or by the 
Lieutenant Governor in Council. 

4, (1) Every children's aid society shall appoint a 
local director who shall be responsible to the 
board of directors of the society for the ad- 
ministration and enforcement of this Act and the 
regulations in the area in which the society has 
jurisdiction, who shall co-operate with the 
Director to this end and who shall carry out 
such other duties as are required of him by the 
constitution, by-laws and directions of the 
society. 

(2) Every local director and every person desig- 
nated by the board of directors of a society has 
for the purposes of this Act the powers of a 
constable and a school attendance counsellor, 
and he shall be deemed to be an officer within 
the meaning of section 10 of The Public Authori- 
ties Protection Act, and that section and the 
other provisions of that Act apply to him in the 
same manner and to the same extent as they do to 
the officers mentioned in that section. R.S.O. 
1970, c.64, S.4. 

5. The Director or a local director or any 
person acting under the authority of either of 
them may call to his aid in the performance of 



1651 



his duties a member of the police force re- 
sponsible for policing the area in which the aid 
is required. R.S.O. 1970, c.64, s.5. 

6. (1) Every children's aid society shall be in- 
corporated under The Corporations Act or a 
predecessor thereof and shall be approved by the 
Lieutenant Governor in Council. 

(2) Every children's aid society shall be oper- 
ated for the purposes of, 

(a) investigating allegations or evidence that 
children may be in need of protection; 

(b) protecting children where necessary; 

(c) providing guidance, counselling and other 
services to families for protecting children 
or for the prevention of circumstances 
requiring the protecting of children; 

(d) providing care for children assigned or 
committed to its care under this or any 
other Act; 

(e) supervising children assigned to its super- 
vision under this or any other Act: 

(f) placing children for adoption; 

(g) assisting the parents of children born out 
of wedlock or likely to be born out of wed- 
lock and their children born out of wedlock; 
and 

(h) any other duties given to it by this or any 
other Act. 

(3) Every society shall provide at least the 
standard of services prescribed by the regu- 
lations. 

(4) The by-laws of every society shall contain 
such provisions as the regulations prescribe, 
and a certified copy of the by-laws and any 
amendments thereto shall be filed with the 
Director forthwith after they are made, and no 
such by-laws or amendments shall come into 



1652 



operation until they have been approved by the 
Minister. R.S.O. 1970, c.64, s.6. 

7. (1) A children's aid society shall be governed 
by a board of directors composed of such munici- 
pal representatives as are determined under sub- 
sections 2 to 6 and the president, one or more 
vice-presidents, the secretary, the treasurer 
and such other officers and members as are 
determined, elected in such manner and for such 
period as the by-laws of the society provide. 

8. (1) Every children's aid society shall before a 
date to be fixed each year by the Director, 
which date shall be no later than the last day 
of February in the year next following, prepare 
and file with the Director and, subject to 
section 10, with each municipality in the area 
in which the society has jurisdiction, an 
estimate of its next expenditures as defined by 
the regulations for operations, for the year 
next following, and the council of every munici- 
pality with whom the estimate is filed shall, 
subject to subsection 1 of section 11, grant its 
approval to the estimate within sixty days of 
the date fixed by the Director. 

9. (1) After the estimate of net expenditures has 
been filed with the Director and approved by the 
council of each municipality with whom it was 
filed pursuant to subsection 1 of section 8, the 
Minister may approve the estimate as filed or he 
may, subject to subsection 2, vary the amount of 
the estimate and approve the estimate as so 
varied. 

(2) Where the Minister intends to vary the 
amount of the estimate and to approve the 
estimate as so varied he shall, at least thirty 
days prior to the approval, give notice of his 
intention to the children's aid society and to 
the council of each municipality in the area in 
which the society has jurisdiction or to the 
District Child Welfare Budget Board, as the case 
may be. 1975, c.l, s.5, part. 

11. (1) Where the council of a municipality or a 
district child welfare budget board does not 
agree with the amount of the estimate submitted 



1653 



to it by a children's aid society or does not 
agree with the portion that is referable to the 
municipality it may, on or before the expiration 
of the period of time fixed under subsection 1 
of section 8, for the approval of the estimate 
by the municipality or the District Child 
Welfare Budget Board, as the case may be, 
instead of granting its approval to the estimate 
under section 8 or 10, request the Minister to 
refer the matter to a child welfare review 
committee. R.S.O. 1970, c.64, s.ll(l); 1975, 
c . 1, s. 7 ( 1) . 

(2) Where a children's aid society, the council 
of a municipality or a District Child Welfare 
Budget Board does not agree with the amount of 
the estimate that the Minister intends to 
approve as varied under subsection 2 of section 
9, any one of them may, before the Minister's 
approval is given under subsection 2 of section 
9, request him to refer the matter to a child 
welfare review committee. 1975, c.l, s.7(2). 



PART II 
PROTECTION AND CARE OF CHILDREN 

20. (1) In this Part, 

(a) "child" means a boy or girl actually or 
apparently under sixteen years of age; 

(b) "child in need of protection" means, 

(i) a child who is brought, with the con- 
sent of the person in whose charge he 
is, before a judge to be dealt with 
under this Part, 

(iii) a child where the person in whose 
charge he is cannot for any reason 
care properly for him, or where that 
person has died and there is no suit- 
able person to care for the child. 



1654 



(x) a child where the person in whose 
charge he is neglects or refuses to 
provide or obtain proper medical, 
surgical or other recognized remedial 
care or treatment necessary for his 
health or well-being, or refuses to 
permit such care or treatment to be 
supplied to the child when it is re- 
commended by a legally qualified 
medical practitioner, or otherwise 
fails to protect the child adequately, 

(xii) a child whose life, health and morals 
may be endangered by the conduct of 
the person in whose charge he is; 

(c) "foster home" means a home, other than the 
home of his parent, in which a child is 
placed for care and supervision but not for 
the purposes of adoption; 

(d) "judge" means a provincial judge presiding 
in a provincial court (family division); 

(e) "parent" means a person who is under a legal 
duty to provide for a child, or a guardian 
or a person standing in loco parentis to a 
child, other than a person appointed for the 
purpose under this Act, .... 

(f) "place of safety" means a receiving home or 
foster home or an institution for the care 
and protection of children, and includes a 
hospital ; 

(2) Subject to subsection 8 of section 27, 
applications under this Part shall be heard by a 
judge presiding in a provincial court (family 
division) established for the county or district 
in which the child was taken into protective 
custody. R.S.O. 1970, c.64, s.20(2); 1975, 
c.l, s.l2(5). 

21. (1) A constable or other police officer, the 
Director, a local director or a person author- 
ized by the Director or by a local director, who 
has reasonable and probable grounds to believe 
that any child is apparently in need of pro- 
tection, may without warrant take the child to a 



1655 



place of safety and detain the child there until 
the matter can be brought before a judge, or he 
may apply to a judge for an order requiring the 
person in whose charge the child is to produce 
the child before a judge at the time and place 
named in the order. R.S.O. 1970, c.64, s.21; 
1975, c.l, s.l3(l). 

(2) Where a person authorized under subsection 1 
has reasonable and probable grounds to believe 
that a child apparently in need of protection is 
on any premises, he may without warrant enter 
the premises, if need be by force, and without 
warrant search for and remove the child from the 
premises. 

22. (1) If it appears to a justice of the peace, on 
information laid before him on oath, 

(a) that there is reasonable cause to suspect 
that a child is in need or protection; or 

(b) that a child has unlawfully departed or has 
been unlawfully removed from the care or 
custody of a children's aid society, 

the justice may issue a warrant authorizing any 
person named therein to search for the child and 
to take him to and detain him in a place of 
safety. R.S.O. 1970, c.64, s.22(l); 1972, 
C.109, C.3; 1975, c.l, s.l4. 

(2) A person authorized by the warrant may 
enter, if need be by force, any house, building 
or other place specified in the warrant and may 
remove the child therefrom. 

(3) It is not necessary in an information or 
warrant under this section to describe the child 
by name. R.S.O. 1970, c.64, s.22(2, 3). 

23a. (1) In this section, "parent" means a person who 
is under a legal duty to provide for a child, or 
a guardian, or a person standing in loco pa- 
rentis to a child other than a person appointed 
for the purpose under this Act. 

(2) Subject to the approval of the children's 
aid society having jurisdiction in the area 



1656 



where the parent resides, or the Minister, a 
parent, 

(a) who through circumstances of a temporary 
nature is unable to make adequate provision 
for his child; or 

(b) who is unable to provide the services 
required by his child because of the special 
needs of the child, 

may voluntarily place the child into the care, 
custody or under the supervision of the society 
or of the Crown, as the case may be. 

(3) Where a society or the Minister agrees to 
receive a child into the care, custody or under 
the supervision of the society or of the Crown, 
as the case may be, with the consent or at the 
request of a parent of the child and without an 
order under this Part respecting the care, 
custody or supervision of the child, the society 
or the Minister, as the case may be, shall enter 
into a written agreement with the parent or 
parents for the care, custody or supervision of 
the child for such period of time, subject to 
subsections 4 and 6, as may be agreed between 
the parties to the agreement. 

(4) An agreement entered into pursuant to sub- 
section 3 in respect of a child referred to in 
clause (a) of subsection 2, shall be for a 
period not exceeding twelve months provided that 
the parent or parents and the society where the 
Director approves or the parent or parents and 
the Crown, as the case may be, may from time to 
time agree, subject to subsection 6, to extend 
the agreement for a further period or periods of 
time, that shall not exceed an aggregate of 
twelve months, and may agree to vary any other 
term or condition thereof not prescribed by the 
regulations. 

(6) Any party to an agreement made under this 
section, at any time during the period of the 
agreement or any extension thereof, upon giving 
at least fifteen days notice in writing to the 
other party or parties, as the case may be, may 
terminate the agreement. 



1657 



24. (1) As soon as is practicable and within five 
days of detaining a child in a place of safety 
under section 21 or clause (a) of subsection 1 
of section 22, or of assuming the care of a 
child under section 22a, as the case may be, 

(a) the matter shall be brought before a judge 
to determine whether the child is a child in 
need or protection; or 

(b) the child shall be returned to the parent or 
person in whose charge he was immediately 
prior to his apprehension or to the 
assumption of his care, as the case may be. 

(2) Subsection 1 does not apply to a child in 
the care, custody or under the supervision of a 
children's aid society pursuant to an agreement 
entered into under section 23a, 1975, c.l, 
s. 16. 

25. (1) Where an application is made to a judge 
respecting a child apparently in need of pro- 
tection, there shall be a hearing to determine 
whether or not the child is in need of pro- 
tection, and where the judge finds that the 
child is in need of protection, the judge shall 
also determine the child's age, name, the lo- 
cation where the child was taken into protection 
and, subject to section 37, the religious faith 
of the child. 1975, c.l, s.l7(l). 

(2) The judge or a justice of the peace has the 
power of summoning any person and requiring him 
to give evidence on oath and to produce such 
documents and things as may be requisite, and 
the judge has the same power to enforce the 
attendance of witnesses and to compel them to 
give evidence and produce documents and things 
as is vested in any court in civil cases. 
R.S.O. 1970, C.64, s.25(2); 1975, c.l, s.l7(2). 

(3) The judge may hear any person on behalf of 
the child, the local director of the children's 
aid society or any person authorized by the 
board of directors of the society on behalf of 
the society, the clerk of a municipality or any 
person authorized by the council of the munici- 
pality on behalf of the municipality, and a 



1658 



regional welfare administrator of the Ministry 
of Community and Social Services or any person 
authorized by the Minister on behalf of Ontario. 
R.S.O. 1970, C.64, s.25(3); 1972, c.l, 
s.l9(3) . 

(10) Where a hearing is adjourned, a judge shall 
make such order for the temporary care and 
custody of the child as he thinks advisable. 
R.S.O. 1970, c.64, s. 25(10); 1973, c.75, s.l. 

(11) The provisions of this section apply mutatis 
mutandis to proceedings under subsection 5 of 
section 27, section 31 and subsection 1 of 
section 32. 1972, c.l09, s.4(2). 

26. (1) Where a judge finds the child to be a child 
in need of protection, he shall make an order, 

(a) that the child be placed with or returned to 
his parent or other person subject to super- 
vision by the children's aid society for a 
period of not less than six months and not 
more than twelve months as in the circum- 
stances of the case he considers advisable; 
or 

(b) that the child be made a ward of and 
committed to the care and custody of the 
children's aid society having jurisdiction 
in the area in which the child was taken 
into the protective care of the society for 
such period, not exceeding twelve months, as 
in the circumstances of the case he con- 
siders advisable; or 

(c) that the child be made a ward of the Crown 
until the wardship is terminated under 
section 32 or 35 and that the child be 
committed to the care of the children's aid 
society having jurisdiction in the area in 
which the child was taken into the 
protective care of the society. R.S.O. 
1970, c.64, S.26; 1973, c.75, s.2. 

29. A judge may, in any case arising under this 

Part, make such order as he considers proper 
regarding the right of access to the child by 
any person or by either parent of the child. 



1659 



having regard to the welfare of the child, the 
conduct of the person or parent and the wishes 
of the parents, and may at any time alter, vary 
or discharge any order so made, R.S.O. 1970, 
C.64, s.29. 

30. Every order made under this Part shall 
contain a statement of the facts upon which the 
decision of the judge is based. R.S.O. 1970, 
c.64, s.30. 

31. (1) Where a child has been committed as a ward 
of a children's aid society, the society may at 
any time and shall, before the expiration of the 
period of wardship other than under section 35, 
^PPly to a judge for further consideration, and 
the judge shall thereupon further inquire and 
determine whether the circumstances justify a 
further order under section 26, and may make 
such further order or terminate the existing 
order, but in no case shall an order be made 
that results in the child being a ward of the 
society for a continuous period of more than 
twenty-four months. R.S.O. 1970, c.64, s.31; 
1973, C.75, S.4. 

(2) Where a child is a ward of the children's 
aid society, a parent of the child may, after 
the expiration of six months from the last order 
made under clause (b) of subsection 1 of section 
26, and upon giving notice to the society, apply 
to a judge for termination of the order and, 

(a) where the judge is satisfied that the termi- 
nation is in the best intersts of the child, 
he may terminate the order; or 

(b) the judge may make such further order under 
this Part as he deems necessary in the 
interest of the welfare of the child, but in 
no case shall an order be made that results 
in the child being a ward of the society for 
a continuous period of more than twenty-four 
months. 1975, c.l, s.20. 

38. (1) A ward of the Crown or of a children's aid 
society may be placed by the society for any 
period of time in a foster home or other suit- 
able place according to the needs of the child. 



1660 



and every ward so placed shall receive an 
education in accordance with the laws of Ontario 
and in keeping with his intellectual capacity, 
and provision for his occupational training and 
for his total development shall be such as a 
good parent would make for his own child. 

(2) A ward of the Crown or of a children's aid 
society who has been so placed may at any time 
be removed by the society when, in the opinion 
of the Director or the local director, the 
welfare of the ward so requires. 

40. (1) Any person having the care, custody, control 
or charge of a child who abandons, deserts or 
fails to support the child or inflicts cruelty 
or ill-treatment upon the child not constituting 
an assault or otherwise fails to protect the 
child is guilty of an offence and on summary 
conviction before a judge is liable to a fine of 
not more than $500 or to imprisonment for a term 
of not more than one year, or to both. 

(3) The judge may in connection with any case 
arising under subsection 1 or 2 hold a hearing 
in respect of any child concerned and may pro- 
ceed as though the child had been brought before 
him as a child apparently in need of protection. 
R.S.O. 1970, C.64, s.40. 

41. (1) Every person having information of the 
abandonment, desertion, physical ill-treatment 
or need of protection of a child shall report 
the information to a children's aid society or 
Crown attorney. 

(2) Subsection 1 applies notwithstanding that 
the information is confidential or privileged, 
and no action shall be instituted against the 
informant unless the giving of the information 
is done maliciously or without reasonable and 
probable cause. R.S.O. 1970, c.64, s.41. 



1661 



REGULATION 86 

GENERAL 
INTERPRETATION 

1. In this Regulation, 

(b) "child in care" means a person under the age 
of eighteen who is in the care of a society 
in a place other than the home of his parent 
pursuant to an order made under clause (b) 
or (c) of subsection 1 of section 26 of the 
Act or pursuant to an agreement under 
section 23a of the Act and includes a former 
Crown ward who has attained the age of 
eighteen years and is under twenty-one years 
of age who is receiving care and maintenance 
from a society pursuant to section 35 of the 
Act; 

(d) "recognized school of social work" means, 

(i) a school of social work that is a 
member of the National Committee of 
Canadian Schools of Social work of the 
Association of Universities and 
Colleges of Canada, and 

(ii) any graduate school of social work out- 
side of Canada having, in the opinion 
of the Minister, a course in social 
work at least equivalent to a course 
given at a school referred to in 
subclause ( i ) ; 

(e) "social worker" means a person whose duties 
consist of investigating or supervising the 
care of children, whether in the care of a 
society or otherwise, providing guidance and 
counselling and who has the qualifications 
of a social worker set out in section 13 and 
includes a social worker supervisor. 0. 
Reg. 320/71, s.l; 0. Reg. 633/75, s.l. 

4b. (1) Subject to subsection 2, where the actual 
costs of a society for any year are determined 
under the Act and this Regulation in accordance 
with Form 1, an adjustment may be made between 
the approved estimate for that year and the 
actual costs when so determined, and where 
approved by the Minister the amount of the 

1662 



adjustment shall either be paid to the society 
by Ontario and each municipality in the area in 
which the society has jursidiction or refunded 
by the society to Ontario and to the munici- 
pality, as the case may be, in the proportion to 
the respective financial obligations of Ontario 
and the municipality to the society in that year 
for such actual costs. 

(2) The Minister, instead of approving the 
amount of the adjustment under subsection 1, may 
vary the amount of the adjustment and approve 
the amount as so varied, and thereafter subject 
to subsections 6 and 7, Ontario and each munici- 
pality in the area in which the society has 
jurisdiction shall pay to or have refunded by 
the society, as the case may be, their res- 
pective portions of the amount as so varied. 

(3) After the estimate of net expenditures of a 
society has been finally approved by the 
Minister under section 9 or 11 of the Act, the 
society may at any time during the balance of 
the year, file with the Director and with each 
municipality in the area in which the society 
has jurisdiction, 

(a) an amendment to the approved estimate; or 

(b) a supplementary estimate, 

of net expenditures of the society for the year, 
not included in the original approved estimate, 
and, subject to subsection 7, the municipality 
or supplementary estimate, as the case may be, 
within sixty days after the receipt thereof. 

(4) Where the municipality and the Minister 
approve the amount of the amendment to the 
approved estimate or the amount of the supple- 
mentary estimate submitted under subsection 3, 
the amount shall be deemed to be part of the 
approved estimate of the society for that year 
for the purpose of determining the amounts 
payable to the society under section 12 of the 
Act and section 4a. 

(5) After the amendment to the approved estimate 
or the amount of the supplementary estimate has 



1663 



been filed with the Director and approved by the 
council of each municipality under subsection 3, 
the Minister may approve the amendment or the 
supplementary estimate or he may, subject to 
subsection 6, vary the amount of the amendment 
or the supplementary estimate and approve the 
amount as so varied. 

(6) Where the Minister intends, 

(a) to refuse to approve the payment of an 
adjustment made under subsection 1 or the 
amount of the amendment to the approved 
estimate or the amount of a supplementary 
estimate under subsection 3; or 

(b) to vary the amount of the adjustment under 
subsection 1 or the amount of the amiendment 
to the approved estimate or the amount of a 
supplementary estimate under subsection 3, 
and approve any such amount as so varied, 

he shall, at least thirty days prior to the 
refusal or approval, as the case may be, give 
notice of his intention to the society and to 
the council of each municipality in the area in 
which the society has jurisdiction. 

(7) Where the children's aid society or the 
council of any municipality in the area in which 
the society has jurisdiction does not agree with 
the Minister's intention, 

(a) to refuse to approve the payment of an 
adjustment made under subsection 1 or the 
amount of an amendment to the approved 
estimate or the amount of the society's 
supplementary estimate made under subsection 
3 ; or 

(b) to vary the amount of the adjustment or the 
amount of the amendment to the approved 
estimate or the amount of the supplementary 
estimate, 

any one of them may, before the Minister's 
refusal or approval is given, as the case may 
be, request the Minister to refer the matter to 
a child welfare review committee and thereafter 



1664 



the provisions of section 11 of the Act apply 
mutatis mutandis to a request for review made 
under this subsection. 

10b. For the purposes of sections 17 and 23a of 
the Act, special needs of children are needs 
related to or created by physical, mental, 
emotional, behavioural or other handicaps of 
children. 0. Reg. 633/75, s.6, part. 

11. The local director of a children's aid 
society shall have attained the age of at least 
thirty years or otherwise have demonstrated 
unusual maturity and, 

(a) shall have successfully completed two years 
of professional education in social work at 
a recognized school of social work and have 
had at least three years experience as a 
social work practitioner in child welfare; 

(b) shall have educational qualifications that 
together with his experience in social work 
are, in the opinion of the Minister, suit- 
able for the position; or 

(c) held the appointment of local director on 
the 1st day of June, 1966. R.R.O. 1970, 
Reg. 86, s.ll, 

12. Every children's aid society shall employ 
adequate supervisory staff for its social 
workers and a social work supervisor shall 
have, 

(a) the qualifications of a social worker III, 
IV or V but shall have had at least three 
years experience as a social work practi- 
tioner in child welfare; or 

(b) such other educational and personal quali- 
fications together with progressive ex- 
perience in social work practice as, in the 
opinion of the local director, constitute 
adequate and suitable preparation for super- 
visory duties. R.R.O. 1970, Reg. 86, s.l2. 



1665 



13. (1) Every children's aid society shall classify 
its social workers according to the following 
classifications: 

1. Social Work Assistant, being a person 
who, 

(a) has successfully completed Grade 13 in 
Ontario or its equivalent as determined by 
the Minister; or 

(b) was actively engaged as a social worker in a 
children's aid society for a period of at 
least one year immediately before the 1st 
day of January, 1966. 

2. Social Worker I, being a person who, 

(a) holds a Bachelor of Arts degree from a 
university in Ontario preferably with a 
major emphasis in social science, or holds a 
certificate in welfare from an institution 
of post-secondary school education in Canada 
at least equivalent to the course at Ryerson 
Poly techn i c a 1 Institute leading to a 
Certificate in Welfare; or 

(b) has other educational qualifications as the 
Minister considers equivalent thereto and at 
least two years of experience in welfare 
work. 

3. Social Worker II, being a person who, 

(a) has successfully completed one year of full- 
time study in social work at a recognized 
school of social work and, where the 
recognized school of social work is outside 
Canada or the United States of America, has 
had at least one year of experience as a 
social worker in Canada; or 

(b) has had at least three years of pro- 
gressively responsible experience in welfare 
work in Ontario with the qualifications of a 
Social Work Assistant or two years of such 
experience with the qualifications of a 
Social Worker I. 



1666 



4. Social Worker III, being a person who, 

(a) has successfully completed a two years 
course of professional education in social 
work at a recognized school of social work 
in Canada or the United States of America; 

(b) has successfully completed one year of full- 
time study in social work at a recognized 
school of social work in Canada or the 
United States of America and, after the 
study, has had at least two years of ex- 
perience in social work; 

(c) holds a letter of recognition from the 
Central Training Council in Child Care of 
the Home Office Children's Department in 
Great Britain and, after its issuance, has 
had at least one year of experience in 
social work; or 

(d) has successfully completed a course of 
professional education in social work at a 
recognized school of social work in a 
country other than Canada or the United 
States of America and has had at least three 
years of experience in social work in 
Canada. 

5. Social Worker IV, being a person who, 

(a) has successfully completed a two years 
course of professional education in social 
work at a recognized school of social work 
in Canada or the United States of America 
and, after graduation, has had at least 
three years of experience in child care or 
family welfare services; 

(b) holds a letter of recognition from the 
Central Training Council in Child Care of 
the Home Office Children's Department in 
Great Britain and, after its issuance, has 
had at least four years of experience in 
child care or family welfare services; or 

(c) has successfully completed a two years 
course of professional education in social 
work at a recognized school of social work 



1667 



outside Canada or the United States of 
America and, after graduation, has had at 
least five years of experience in child care 
or family welfare services. 

6. Social Worker V, being a person who, 

(a) has successfully completed a two years 
course of professional education in social 
work at a recognized school of social work 
in Canada or the United States of America 
and, after graduation, has had at least five 
years of experience in social work of which 
at least two have been in child care or 
family welfare services; 

(b) holds a letter of recognition from the 
Central Training Council in Child Care of 
the Home Office Children's Department in 
Great Britain and, after its issuance, has 
had at. least six years of experience in 
social work of which at least two have been 
in child care or family welfare services; 
or 

(c) has successfully completed a two years 
course of professional education in social 
work at a recognized school of social work 
outside Canada or the United States of 
America and, after graduation, has had at 
least seven years of experience in social 
work of which at least three have been in 
child care or family welfare services. 

(2) No person shall be classified in a classi- 
fication under subsection 1 unless, in the 
opinion of the local director, he is of a 
character and temperament suited to the work of 
a social worker. R.R.O. 1970, Reg. 86, s.l3. 

14. (1) Every children's aid society shall record 
any complaint respecting children in need of 
protection within twenty-four hours of its 
receipt. 

(2) Within twenty-one days after a complaint is 
recorded, the society shall investigate the 
complaint and record a report of determining 
whether or not the child is in need of 



1668 



protection and, if so, including a tentative 
plan for the welfare of the child and the steps 
taken to implement the plan and, where the child 
is not taken into protective care, the case 
shall be reviewed not later than sixty days 
after the complaint was recorded. R.R.O. 1970, 
Reg. 86, s.l4. 

15. (1) Every society shall, within sixty days after 
the admission of a child to the care of the 
society, prepare and record a plan for the care, 
treatment and progress of the child while in the 
care of the society and shall review and, if 
necessary, amend the plan every three months 
thereafter. 

(2) Each child's educational progress and social 
adjustment shall be assessed and recorded annu- 
ally. R.R.O. 1970, Reg. 86, s.l5. 

16. (1) Every child in care shall be medically and 
dentally examined as soon as is practicable 
after the admission of the child to care, and 
thereafter shall be medically and dentally ex- 
amined at intervals of not more than one year. 

(2) A report of each medical and dental exami- 
nation shall be recorded and any treatments 
recommended in the report shall be carried out 
within the times recommended therein. 

(3) Where necessary and available, psychological 
and psychiatric assessments and treatments shall 
be provided and recorded for any child in care 
in accordance with his needs. R.R.O. 1970, Reg. 
86, S.16. 

17. Where it is in the best interest of a child 
in care, the society shall maintain the child's 
relationship with his family. R.R.O. 1970, Reg. 
86, S.17. 

18. (1) Every child admitted to the care of a 
society shall be placed in a foster home or in 
another home in keeping with his needs. 

29. (1) An order under subsection 10 of section 25 
of the Act shall be in Form 11. 0. Reg. 633/75, 
s.lO. 



1669 



(2) An order under clause (a) of subsection 1 of 
section 26 or subsection 5 of section 27 of the 
Act shall be in Form 12. 

(3) An order under clause (b) of subsection 1 of 
section 26 of the Act or in respect of a ward of 
a children's aid society under section 27 of the 
Act shall be in Form 13. R.R.O. 1970, Reg. 86, 
s. 29(1-3) . 

(4) An order under clause (c) of subsection 1 of 
section 26 of the Act or in respect of a Crown 
ward under section 27, 32 or 35 of the Act shall 
be in Form 14. 0. Reg. 320/71, s.7. 

30. The judge shall cause to be transmitted a 
certified copy of each order made in Form 11, 
12, 13 or 14 to, 

(a) the person, children's aid society, 
institution or home that applied for the 
order; and 

(b) each person required by the Act to be given 
notice of the hearing. R.R.O. 1970, Reg. 
86, S.30; 0. Reg. 3 20/71, s.8. 

31. The judge shall cause to be transmitted to 
the Director a certified copy of each order made 
under clause (c) of section 26 of the Act or 
under subsection 1 of section 32 of the Act. 
R.R.O. 1970, Reg. 86, s.31. 



1670 



SCHEDULE 2-C 



Extracts from The Crown Attorneys Act , R.S.O. 1970, 
Chapter 101 as amended 

Appointment 1. -(1) The Lieutenant Governor in 
Council may appoint a Crown attorney for 
each county and for each provisional 
judicial district and such Crown attor- 
neys and assistant Crown attorneys for 
the Province as he considers necessary. 
R.S.O. 1960, C.82, s.l; 1964, c.l5, 
s.l(l) . 



Special 

Crown 

attorneys 



Assistant 

Crown 

attorneys 



Duties: 



to examine 

information 

etc. 



(2) The Crown attorneys and assistant 
Crown attorneys appointed for the 
Province or a county or provisional ju- 
dicial district thereof shall act 
anywhere in the Province as directed by 
the Deputy Attorney General. 1964, c.l5, 
s.l(2); 1967, c.18, s.l. 

2. The Lieutenant Governor in Council 
may appoint one or more assistant Crown 
attorneys for any county or provisional 
judicial district who shall act under the 
direction of the Crown attorney and when 
so acting has the like powers and shall 
perform the like duties as the Crown 
attorney, R.S.O. 1960, c.82, s.2. 

12. The Crown attorney shall aid in the 
local administration of justice and 
perform the duties that are assigned to 
Crown attorneys under the laws in force 
in Ontario, and, without restricting the 
generality of the foregoing, every Crown 
attorney shall, 

(a) examine informations, examinations, 
depositions, recognizances, inqui- 
sitions and papers connected with 
offences against the laws in force 
in Ontario that the provincial 
judges, justices of the peace and 
coroners are required to transmit 
to him, and, where necessary, cause 



1671 



to conduct 
prosecutions 



such charges to be further investi- 
gated, and additional evidence to 
be collected, and sue out process 
to compel the attendance of 
witnesses and the production of 
papers, so that prosecutions may 
not be delayed unnecessarily or 
fail through want of proof; 

(b) conduct, on the part of the Crown, 
preliminary hearings of indictable 
offences and prosecutions for 
indictable offences. 



(i) at the sittings of the Supreme 
Court where no law officer of the 
Crown or other counsel has been 
appointed by the Minister of 
Justice and Attorney General, 

(ii) at the court of general sessions of 
the peace, 

(iii) at the county or district court 
judges' criminal court, and 

1953-54 (iv) before provincial judges in summary 
c.51(Can.) trials of indictable offences under 

the Criminal Code (Canada) 

in the same manner as the law officers of 
the Crown conduct similar prosecutions at 
the sittings of the Supreme Court, and 
with the like rights and privileges, and 
attend to all criminal business at such 
courts; 



cases 
brought 
by private 
prosecutors 



summary 

conviction 

matters 



(d) watch over cases conducted by 
private prosecutors and, without 
unnecessarily interfering with 
private individuals who wish in 
such cases to prosecute, assume 
wholly the conduct of the case 
where justice towards the accused 
seems to demand his interposition; 

(e) where in his opinion the public 
interest so requires conduct pro- 
ceedings in respect of any offence 
punishable on summary conviction; 



1672 



SCHEDULE 2-D 

CROVJN COUNSEL BRIEF 

CONFIDENTIAL 



First appearance date .. October 30, 1975 

Summons 

Custody 

Bail 

Indicated plea 



PARTICULARS OF ACCUSED: 

NAME AGE ADDRESS 
(sic) 

1. Jennifer Angelle Popen 19 287 Devine St., Sarnia 

2. Annals Ambrose Popen 36 287 Devine St., Sarnia 

3. 



ALL CHARGES: Give substance and Section Nos. 

Sec. 40(1), Chapter 64 Child Welfare Act, Revised Statues 

of Ontario 



PARTICULARS OF OCCURRENCE: Date Time 

Place Sarnia, Ont. 



COMPLAINANT :Name Kim Anne Marie Popen Address: 287 Devine St. Sarnia 



General description of 
property to which charge 
relates and value of 
damage where relevant 



1673 



ALL WITNESSES, INCLUDING POLICE OFFICERS: 

Give name, address. Include age. 

Name Address ' Age Subpoenaed 

Mrs. Dick Children's Aid Society 

Mr. Harold Carter Children's Aid Society 

Nurse Betty Hewitt St. Joseph's Hospital 

Dr. K.R. Singh Sarnia Medical Arts Building 

Dr. Jumean 145 Wellington St. 

P.C. Turner Sarnia Police Dept. 



P.C. Wyville Sarnia Police Dept. 



Miss Cappa St. Joseph's Record's 



Officer in charge of case and responsible for preparation of this 
report: 

P.C. Wyville Date report prepared October 23, 1975 

Counsel for accused 



1674 



EVIDENCE 



(A synopsis to be followed by a concise statement of 
what each witness will state: 
(attach all witness' statements) 

1. On August 31, 1975 at 3:10 p.m., P.C. 
Wyville attended a call to the Children's Ward of St. 
Joseph's Hospital in regards to a battered child. At 
the hospital he spoke with the doctors and nurses 
about Kim Popen, age 7 months and was led to believed 
(sic) from these persons, that this child had 
received injuries that showed she had been beaten. 

While at the hospital, he viewed the child 
and saw that she was bruised on both arms, both 
ankles and one cheek and had a cut lip. Further 
investigation showed the following medical history of 
this child: 

(a) Born January 11, 1975 

(b) Admitted to St. Jospeh's (sic) Hospital 
with a fractured left arm on March 22, 
1975. 

(c) Admitted again with black eyes on April 
22, 1975. 

(d) Admitted on August 31, 1975 with 
fracture to one arm, swelling and 
bruising of both elbows, both ankles 
and left cheek and the left upper lip 
was slightly cracked and bleeding. 

2. Mrs. Dick will say that she was called to St. 
Joseph's Hospital on August 31, 1975 and saw the 
marks on the child and spoke with Mr. and Mrs. 
Popen. She had the child signed over to the 
Children's Aid Society at that time. 

3. Mr. Carter will say that he is looking after the 
Popen case and has talked with both parents. He 
can also give past history and involvement with 
the Popens. 

4. Nurse Betty Hewitt will say that she saw the 
child on August 31, 1975 and can verify the marks 
on the child. She had also seen the child with 
similar marks in the past. 



1675 



5. Dr. Singh will say that he examined Kim Popen on 
August 31, 1975 and at this time he found slight 
swelling and bruising of the left and right 
elbows, bruises on both ankles and a bruised left 
cheek and cut lip. He can also say that he has 
seen this child on March 27, 1975 when the child 
was 2 months old and at this time her left arm 
was fractured. He can say that in his opinion 
the child is battered, 

6. Dr. Jumean will say that he has seen the child on 
numerous occasions. On June 16/75 the child was 
brought to his office with a cut lip and severe 
bruises over her face, neck and buttocks. Approx- 
imately 6 weeks prior to this, the child was 
hospitalized with a broken arm. Approximately 3 
weeks prior to the child being brought to his 
office, she was checked by him at the hospital 
for a respiratory ailment and at that time he 
observed she had a black eye. On June 16, 1975 
he can say he reported to the police that he 
believed the child was battered. 

7. P.C. Turner will say that he was called to St. 
Joseph's Hospital on August 31, 1975 to take 
pictures of Kim Popen. 

8. P.C. Wyville will say the same as the above 
synopsis. 



1676 



THE QUEEN 

vs . 

(sic) 
Mrs. Jennifer Angelle Popen 



Mr. Annals Ambrose Popen 



Charges : 

(Description and Section Nos.) 

1. Chapt. 64, Sec. 40(1) Child Welfare Act Revised 
Statutes of Ontario 

2 

3 

4 

5 

6 



To appear in #3 Provincial Court 

(Court No. where more than one court in area) 

Arrest Warrant Summons 

Date of Arrest 

Occurrence No 

Officer i/e case P.C. Wyville 

Div. or Unit Morality 



CROWN COUNSEL BRIEF 
CONFIDENTIAL 



1677 



SCHEDULE 2-E 



History of the Children's Aid Society 

involvement with the Popen family 
(Removed from the Family Services File) 



JUNE 17/75 

REFERRAL 

AD/mh 



JUNE 17/75 
SS/mh 



Detective Gander came to the office 
regarding an infant (Kim) six months 
of age and possibly abused. Police 
received an anonymous call last night 
to the effect that the infant has 
multiple bruises over the face and 
neck. Allegedly over the last six 
weeks the infant has had a broken arm 
on one occasion and on another a black 
eye when admitted to hospital for 
other causes. Detective Gander was 
desiring an Agency worker's company 
and assistance should or when 
admission is gained and access to the 
child is made via permission or 
warrant, S. Saul and case aide W. 
Hoad (R.N.) accompanied Detective 
Gander to the address in search of the 
infant. 

Win Hoad and I accompanied Detective 
Gander to 240 Devine Street to 
investigate a possible abuse charge. 
No-one was at home at this address and 
while speaking to a neighbour it was 
perceived that the family didn't live 
there any longer. Upon further 
investigation, it was determined that 
baby Kim was staying with her Aunt, 
Mrs. Cecil Popen of 548 Devine. 

We visited Mrs. C. Popen's home and 
she showed us the marks on the child. 
She said they were approximately two 
weeks old and the marks were very 
faded and would not have been notica- 
ble if Mrs. C. Popen had not pointed 
them out. The child was quiet and 
contented while her Aunt handled her. 
The child had a cut on her lip and 
tongue which Mrs. Popen stated had 



1678 



been caused by the child's mother who 
had been forcing the child to eat. 

Jennifer Popen arrived shortly there- 
after to take her child, for she had 
heard that the Children's Aid was 
checking up on her. She rushed in, 
grabbed the baby and started to hustle 
her out the door until Detective 
Gander stopped her. She agreed to sit 
down and talk, but she was extremely 
defensive and hostile. She denied 
having ever physically hurt her child 
and stated that she knew how to care 
for her children. In response to my 
question re any possible feeding 
problems, she answered positively that 
she was having problems, but refused 
to accept help of any sort when I 
offered to have a L.H.U. nurse give 
her a hand. 

Her husband. Annals, known as Kerri, 
was also there and agreed with his 
wife that the child was receiving good 
care etc. However, he let Jennifer do 
the talking for him and he did not try 
to disagree with her for she verbally 
struck out at him. 

We stayed until Jennifer had given Kim 
a bottle and I was amazed at how upset 
the child was when Jennifer held her 
and in particular, prepared to feed 
her. I told Jennifer that C.A.S. 
would be around to see her in a week 
or so, but she was not pleased about 
this. I believe it would be advisable 
to take a L.H.U. nurse and introduce 
her whether Jennifer wants one or not. 
As well this defensive hostile young 
mother should be closely supervised 
considering the history of the recent 
six weeks. 

Jennifer Popen - 18 years (quite 
immature) - hostile, defensive. 

Dr. Jumean - family physician - 
337-3729. 

1679 



JUNE 19/75 
MTH/mh 



Annals Popen 30 ish in age, meek, bows 
down to wife's hostility, is said to 
drink heavily, is on strike at 
present. 

This case was due for assignment to 
H.R.C. for service including Public 
Health nurses. There was serious 
concern that the mother might take off 
to Jamaica with the child in view of 
the way she had been observed handling 
her. There was apparently a misunder- 
standing about the opening of the case 
at that time. 



AUG. 29/75 



H.R.C. had talked with Detective 
Gander, City Police, re a home visit 
and was told that the current situ- 
ation with police and parents was most 
"volatile" and we should hold off. He 
would send an occurrence report and 
also keep the home under surveillance 
and report back. No report was 
received . 



AUG. 31/7 5 
REFERRAL 



Dr. Jumean was the family doctor - the 
child was observed with black eye out 
at the Mall - reported to Dr. Jumean 
who promptly visited the mother. The 
outcome not known, but the mother does 
not want Dr. Jumean seeing child now. 
Kim is supposed to have climbed out of 
crib and fallen, mother claims Kim can 
sit, crawl and pull herself up over 
and out of the crib. 



Mrs. Popen took Kim to the Sarnia 
General Hospital where she saw a 
doctor Haig. He told her to come back 
on the 30th for X~Rays etc. She 
didn't and she took the child to St. 
Josephs Hospital, where the child was 
admitted about 1:30 a.m. (technically 
Aug . 31st ) . 

About 3:15 today the mother came to 
take the child home - the police were 
called and C.A.S. Apparently Drs. 
Thorpe and Singh both examined the 
child and concur that the bruising is 



1680 



most difficult to explain from falling 
or bumping and strongly indicate 
having been inflicted, by some person 
or persons. X-Rays revealed the chip 
in the elbow, said by the doctors to 
also be a most unusual injury to 
former broken arm - healed and sound. 
This break is in the other arm. 

Non-Ward care was reluctantly con- 
sented to by the parents - the father 
does not want a repeat of today - he 
recognises no-one wants a repeat of 
child injury. The consents were given 
on the recognition that no-one could 
remove the child from hospital without 
C.A.S. consent, with the exception of 
C.A.S., and that if the baby were 
discharged it's return home depended 
on the results and findings of police 
investigation as well as C.A.S. 
assessment as to the infant's safety 
if or when returned. 

AUG. 31/75 Case opened to H.R. Carter. 

Call received from Constable Wyeville, 
(sic) City Police, to attend at St. 
Josephs Hospital where the child Kim 
was presently with bruising to both 
arms at the elbows and both ankles. 
Abuse was strongly suspected by staff 
doctors and police. The mother was 
there trying to have the child 
released . 

On arrival, Mrs. Popen was found to be 
declaring that eight months old Kim 
had pulled herself up out of her crib 
onto the dresser where she fell and 
was found by the mother on the floor. 
Mr. Popen had been sent for by her, to 
verify her story. 

Both parents state vehemently that if 
someone is mistreating their child, it 
is not them. Mr. Popen repeatedly 
declared that no-one was taking his 
child away from him - he did not 



1681 



mistreat it. He finally realized his 
wife had come to the hospital to get 
the child against what he'd told her. 
At this time it was learned that the 
child had broken (chipped) bone in the 
elbow. The parents agreed to Non-Ward 
care while treatment of the child was 
provided and police investigations 
were in progress. 



SEPT. 1/75- 
FEB. 29/76 
HRC/mh 



There is a history of previous seem- 
ingly unclarified situations re this 
child. e.g. two months of age - child 
in hospital with fractured arm bone 
(upper) - explanation "child fell out 
of walker," sitter blamed for abuse - 
sitter returned to Jamaica. Mother 
now says false abuse, child only fell. 

Kim was released from St. Josephs 
Hospital and is directly under child 
care worker Mrs. Mary Kirby (see child 
care file # 9563). Appointment visits 
of both parents to the child at the 
agency are arranged and carried out 
under Mrs. Kirby's supervision. Mr. 
Ian Harvey, the Popen's solicitor, 
wrote to us requesting more frequent 
visits by letter dated November 18th 
1975 (on file) . 



MEDICAL 
DATA: 



COURT 
ACTION: 



Medical data was received September 
8th 1975 and October 22nd 1975. This 
relates to facts of hospitalization of 
Kim at St. Josephs Hospital on March 
22nd 1975, April 22nd 1975 and the 
more recent August 31st 1975. The 
details of this and discharge summary 
of Dr. K.R. Singh are on file and 
self-explanatory . 

The initial Court Hearing for 
September 8th 1975 was adjourned to 
October 29th 1975 10.00 a.m. Oct. 
29th/75 adjourned to January 19th 
1976. January 19th 1976 adjourned to 
February 25th 1976. Criminal charges 
were laid under the Child Welfare Act, 
and were held October 30th/75, 



1682 



adjourned to November 13th/75, 
adjourned to January 19/76, adjourned 
to February 23rd/76 at 10.00 a.m. The 
disposition of the criminal charges 
were that Mr. Popen admitted guilt and 
sentencing regarding this will be 
handed down March 29/76. 

At Family Court February 25th/76, an 
order of six months Society Wardship 
was given plus the proviso that Mr. 
Popen obtain psychiatric help and both 
parents attended (sic) the Parent 
Education Course at Lambton College 
and care of weekly supervision in 
their home by C.A.S. and all future 
visits of Kim to them shall be in 
their home under the C.A.S. worker's 
supervision. 

Results of these visits to be reported 
to the Supervisor, Mrs. Harvey weekly. 
Witnesses on our behalf giving 
evidence were Mrs. Betty Hewitt, R.N. 
St. Josephs Hospital, resident # 
344-0930; Mrs. Jean Cappa, Director of 
Medical Records, St. Josephs Hospital 
336-6121; Dr. D. Singh - 336-6311; 
Mrs. A. Dick and Mrs. M. Kirby, C.A.S. 
staff; Constable Barry Wyville, Sarnia 
City Police (Morality) 337-2111. Mr. 
Harvey and Mr. Higgins, solicitors, 
337-3278, attended on behalf of the 
Popen's. Following the results of 
today's Court Hearing all witnesses 
were contacted and advised and thanked 
sincerely for the mountainous effort 
they had given on behalf of this case. 

With regard to worker/client case 
relationships, case goals etc. this 
was legally restricted by the Popen's 
lawyer and substantiated by a 
telephone call from Mr. Higgins to 
myself on January 16th 1976 at which 
time Mr. Higgins requested my help in 
changing a Court date. In trying to 
comply with his wishes I agreed I 
would be in touch with Mr. and Mrs. 



1683 



Popen, to which Mr. Higgins replied 
"please, over my dead body you don't." 
Consequently, under these circum- 
stances, but by obligation to give 
evidence of recent home situations it 
was necessary I request permission 
from Mr. Higgins office for the only 
two home visits which were January 
16/76 and February 20/76. On both 
these occasions permission was granted 
but with the added instruction "don't 
quiz them." 

The home visit of February 20/76 was 
necessary in that the Popen's (sic) 
had moved their residence and 
currently reside at 220 South Mitton 
Street 336-3799. This residence is 
owned by Mr. Doug Va nde nbe r g h e , 
336-2473. This is a young person, 
initially stated by Mrs. Popen to be a 
cousin, and who was in fact in the 
previous home on the evening of Mr. 
Popen's admittance to throwing the 
shoes at the baby, striking the baby 
on the lips. Mr. Vandenberghe lives 
in the adjoining present residence 
of the Popen's (sic). Mr. 

Vandenberghe attended the Popen's 
(sic) in the initial visits to the 
child and was quite openly belligerent 
toward myself and Mrs. Kirby. 

Mr. Popen is said to have changed jobs 
recently and has not attended the 
visits to his daughter for the two 
previous occasions. Prior to this he 
has diligently visited with his wife 
approximately every two weeks when 
visits have been of a half-hour 
duration and on occasions I have been 
able to have casual conversation with 
them while in the office for this 
purpose . 



PERSONAL 
OBSERVATIOLSIS: 



I feel Mrs. Popen is a proverbial 
liar, apart from being a young, inex- 
perienced 18 year old mother of two 
children and presently in the advanced 



1684 



stages of pregnancy. She stated "I 
didn't want the others to know" 
(meaning the morality division) that a 
seven month old child had died while 
they were resident in Jamaica. The 
cause of this death was not stated and 
on questioning Mrs. Popen became her 
usual evasive self. Mr. Popen has 
admitted to drinking problems and has 
little or no conception of child 
raising, etc. Mr. Popen is aged 38 
and has numerous extended families 
residing constantly and always within 
his own location. Mrs. Popen on the 
other hand, presents a rather isolated 
person, has stated she is not liked by 
her husband's family or the extended 
families by the name of Kameka, who 
are numerous in this area. Mrs. Popen 
stresses a great deal of confidence in 
Mr. Vandenberghe and he has attended 
all the Court Hearings with the 
Popen's (sic). My home visits to both 
residences, I have found it to be 
extremely neat and clean and would 
adequately meet Kim's needs. Follow- 
ing the Court Hearing on February 25th 
1976, and during the following six 
months Society Wardship, and in con- 
sultation with my supervisor, this 
case will be transferred to Mrs. S. Lo 
as of February 29th 1976 and the child 
care file will remain with Mrs. M. 
Kirby . 



FURTHER POINTS Observation of Mrs. Popen's handling 



FOR 

CLARIFICATION 

HRC/mh 



of her child; observation of Mrs. 
Popen's health during her pregnancy; 
she has stated to me on two occasions 
she has unaccountable blackouts, one 
out of the home and one in the home 
during which time the gas burners were 
on the stove and food was burnt. When 
this incident was remarked on in Mr. 
Popen's presence, it was found he was 
not aware of this and/or Mrs. Popen is 
lying again, since our initial 
acquaintance in September 1975 she has 
regularly alternated in the statement 



1685 



she was pregnant and wasn't pregnant, 
however observations now show she is 
quite evidently pregnant. Support and 
substantiate Mr. Popen's attendance 
for psychiatric treatment, A. A. 
involvement and in working with his 
Probation Officer, Mr. George Brower, 
337-8891 (appointment with Mr. Brower 
February 25th/76, Mr. Brower did not 
attend or communicate with our 
office); to liaison between C.A.S, 
worker and Mr. Brower (sic) in all 
matters concerning ongoing situation. 
Prepare pre- sentence report at Mr. 
Brower's (sic) request. Arrange and 
assist enrollment of the Popen's (sic) 
in the Parent Education course at 
Lambton College. 

Case transferred to Mrs. Lo. MTH 

FEB. 27/76 I went to visit Mrs. Jennifer Popen at 

SL/mh her home on marginal date. They had 

just moved to this two bedroom 
apartment on 220 S. Mitton Street two 
weeks ago. The Popen's had lived here 
before and had established a good 
relationship with the landlord and his 
family. Jennifer said they were like 
brother and sister to the Popens. The 
apartment was very nicely kept up. 
Jennifer offered to show me the 
bedrooms and kitchen. I had even 
checked the crib, it was quite sturdy. 
Everything looked fine. 

Jennifer was very talkative today. 
She told me about her family in 
Jamaica, Her mother had 13 children 
from a number of different men. She 
was the third one. When she was about 
14, one day she came home from school 
and found out her mother was gone. 
She had to quit school at Grade 9 to 
take care of her younger brothers and 
sisters. At that time the youngest 
one was only six months. She cared 
for the children by herself for almost 
two years until she got married in 



1686 



1973. Her mother returned home before 
the wedding, and had been taking care 
of her own kids ever since. 

Jennifer said her father was a very 
strict man. According to her mother, 
the man had left them when Jennifer 
was five. However, Jennifer later met 
him and visited him occasionally. She 
said even now when she thought of her 
father she was still afraid of him. 
She mentioned her husband's drinking 
problem and said since he joined A. A. 
three months ago, he had not had that 
problem since. It seemed that their 
landlord was a member of A. A. three 
years ago and gave Mr. Popen a lot of 
encouragement rejoining such associa- 
tion and getting help. Jennifer 
stated the reason for her husband ' s 
going was because he wanted their 
child, Kim, to come back. She also 
expressed her interest in going to the 
Parental Effectiveness Training 
Course. 

ASSESSMENT: It has been only two years since 

Jennifer came from Jamaica to Canada. 
(Her husband has been here for 19 
years already). She was brought up 
with a set of ideas and standards that 
were quite different from those of 
Canadians, With her experience taking 
care of younger brothers and sisters, 
she felt that she knew enough in 
regard to child rearing. Yet, she did 
not realize supplying food, clothing 
and lodging being only one aspect of 
child rearing. It also takes a lot of 
knowledge and technique to guide and 
discipline them. Besides this, she 
showed no bitter feelings towards her 
mother's irresponsibility. Instead, 
Jennifer felt she could get along fine 
with her mother, and her mother was 
the only one that Jennifer could trust 
her child with. This is beyond the 
worker's understanding at this moment. 



1687 



PLAN: 



This is the first time that I, a new 
worker with this case, had a chance to 
visit with Mrs. Popen alone. I be- 
lieve she wanted very much to impress 
me in a positive way, which is only 
fair. Nevertheless, I plan to visit 
them often to try to offer enough 
encouragement and understanding, and 
help them to keep up with their 
decisions . 



MARCH 4/76 Jennifer again was neatly dressed and 

SL/mh talkative today. She stated that she 

had never been real close to her 
mother because she was brought up by 
her grandmother until she was seven 
years old. She was never able to call 
her mother "Mom," but had always 
called her grandma by such name. 
Jennifer also said that her son was 
still alive and presently living with 
her grandmother. He is five years old 
now and calls her Aunt Jennifer. From 
the picture she showed me, it was very 
clear that the boy had a white father. 
When he was seven months old, 
Jennifer's mother refused to care for 
the child, therefore, Jennifer's 
grandmother had taken the boy and had 
reared him from then on. Kim was 
under foster care since September 
1975. Mr. Popen had been wanting to 
have Jennifer's son come to their home 
to stay but Jennifer said her grandma 
loved the boy very dearly and she did 
not have the heart to take him away 
from her. When discussed about child 
beating she again stated no matter how 
frustrated she got, she could not hit 
a baby. 

I believe now that Kim is under foster 
care and the tension is not there, 
Jennifer probably felt like what she 
said toward the child. Once Kim comes 
home to stay the situation will be 
different. It then will require close 
observation of the child and intensive 
moral support for the parents. I plan 



1688 



to see both Mr, and Mrs. Popen in our 
next interview and observe how they 
interrelate with each other. 

MARCH 18/76 Both Mr. and Mrs, Popen were seen at 
SL/mh their home this evening. They were 

told that the Parent Effectiveness 
Training Course will start on April 
22nd, Thursday, 7-10 p.m. and Kim 
would not be returned home to live 
until we see how they respond to the 
course. They accepted this quite 
well. Jennifer mentioned that the 
child would start home visits one 
month after the court that is March 
25th, 1976. However, they realized 
that such decision in regards to when 
home visits should start was left to 
C.A,S, by the Judge and Kim's visit 
will not take place until later. Both 
Mr. and Mrs. Popen V7ere disappointed 
but decided to take it as they did. 
Jennifer also asked during Kim's home 
visits whether the worker or driver 
will stay in the house with the baby 
and herself. She felt she would need 
Kim's undivided attention. I told her 
for the first couple of times we will 
have to see how Kim responds at their 
home, but after the initial period, 
unless we feel it is necessary for us 
to be present during any specific 
visit, for example, visit when father 
is back home from work, the parents 
and the child will be left alone. 
When the question of Kim's being 
returned home to live before the new 
baby is due in July was brought up, 
they were told it depends on how they 
handle the child during the home visit 
and how well they and the child relate 
with one another. However, we agreed 
to make it a goal for all of us to 
work at for the time being. Mr. Popen 
watched the worker intensely for a 
while at the beginning of the session, 
then relaxed and started to answer 
questions. He talked about his A. A. 
meetings and said that stopping 



1689 



drinking did not bother him at all. 
He also put much emphasis on his love 
for Kim and said he would never abuse 
Kim any more. He had had a 
psychological assessment done and the 
result would be sent to the concerned 
personnel. Due to the fact that Mr. 
Popen no longer has drinking problems, 
we know Kim would come back shortly as 
well as a second child is on the way, 
the relationship between Mr. and Mrs. 
Popen tended to be relaxed. There was 
more respect from Jennifer to Mr. 
Popen; she still wanted to ask ques- 
tions on their behalf but Mr. Popen 
did get a lot of chances to say what 
was on his mind. It seemed that with 
the present situation they both felt 
that it was worthwhile to work at 
their problems and both were looking 
forward to the future. 



MARCH 29/76 
SHIRLEY LO/md 



The Popen's were in court on marginal 
date. Mr. Popen again pleaded guilty 
to the charge of neglecting to protect 
his child. Due to the positive 
results of psychiatry assessment, it 
would indicate that Mr. Popen was not 
in need of psychiatric treatment. Due 
to his involvement with A. A. and 
apparent intention to enroll in the 
Parent Effectiveness Training Course, 
Mr. Popen was put on probation and 
sentence was suspended for one year. 
However, if he violates his probation, 
he will face 6 months to 1 year in 
jail . 



APRIL 1976 



Kim has started her home visit on 
April 15th, 1976. Since then, Kim has 
visited her parents every Thursday. 
Visiting periods started from 1 and 
1/2 to 2 hours. Twice Kim has had 
luncn at home. Both Mr. and Mrs. 
Popen were home during Kim's first 
visit. The worker was able to be 
there with them too. Both parents 
were very affectionate toward Kim. 
They were a bit uncomfortable and 



1690 



nervous due to the fact that I was 
there and hesitated to say "no" to 
some of Kim's requests. They intro- 
duced a lot of toys for her to play 
with and had a good time watching her. 
However, it did seem that sometimes 
the parents would give different 
instructions to Kim, for example, when 
Kim wanted to play with the little 
china ornaments on the table, one 
parent would say "yes" while the other 
one would say "no." Mr. and Mrs. 
Popen really need to go to the P.E.T. 
course to acquire enough knowledge on 
disciplining children. 

SL/po Aside from Kim's home visits, this 

worker has been visiting their home at 
least once a week. The family situa- 
tion keeps on progressing. At first, 
Mrs. Popen felt it was hard to turn 
down people's requests, for instance, 
one time she was asked to help one of 
her sisters-in-law to move. In spite 
of her own pregnant condition, and Mr. 
Popen 's advice not to go, she went and 
exerted herself almost a little bit 
too far until she suddenly realized 
that she should not do so. Ever since 
then, she has learned to say no to her 
relatives and friends and felt much 
better to be able to say so. Mrs. 
Popen also felt much more comfortable 
with C.A.S. One time she volunteered 
to let the worker know her feelings 
about their former worker, Mr. Carter. 
She stated that she was very rude to 
Mr. Carter at first, yet he still sent 
them a card a Christmas, which made 
her realize that he was really trying 
to help and felt sorry for what she 
had done. 

Mr. Popen has been going to A. A. 
meetings and stated that he felt so 
much better because he can control 
himself now. Mr. Popen seems to be a 
hard working man and is able to pro- 
vide his family with things they need. 



1691 



He stated that if it was not so hard 
to take time off work so frequently, 
he would like to be home every time 
during Kim's visits. We have spent 
time discussing background for parents 
who physically ill treated their 
children. Such incidents do not 
necessarily happen to parents who 
don't love their children. When 
parents have reached their limit, no 
matter how much love they have for 
their children, they usually resolve 
their frustration and anxiety by 
falling back on their own background - 
in this case, severe physical punish- 
ment. Mr. & Mrs. Popen beleive (sic) 
such a thing will not happen again 
since now they realize what caused 
it. 

The Popens do not associate with their 
relatives that much any more. Neither 
do they have many friends outside the 
family. However, they are on very 
good terms with the Vanderbergs , ( s ic ) 
and claim they have been able to learn 
a lot from this couple. The relation- 
ship between Mr. & Mrs. Popen has 
been steady over the months but I feel 
they will have to come to an agreement 
on their disciplinary measures and 
will have to learn more on giving 
support to each other. 

The P.E.T. Course started on April 
26th. The Popens enjoyed the course 
very much. They were fascinated by 
their teacher, Mr. Jim Stevens, and 
thought he was wonderful. At first, 
they said, they were a little shy but 
when Mr. Stevens started to talk they 
became very interested and forgot 
about their shyness. Mr. Popen has 
been having problems with his eyes and 
cannot read too long. They decided to 
take turns. Mr. Popen would read one 
page and Jennifer would read another. 
Mr. Popen also found it hard to write 
because he uses his left hand. 



1692 



Nevertheless, they planned to either 
have him write his own answers slowly 
or give his answers to Jennifer for 
her to put down. They understand the 
only way for them to learn anything in 
this course is to answer their 
questions honestly and try to apply 
what they discuss in their class to 
their daily lives. Mrs. Popen felt 
most people had problems with 
teenagers than with younger children. 
They were encouraged to bring up their 
interests and questions with younger 
children in the class too. 

MAY 6/76 The Popen 's second baby is due on July 
SL/po 6/76. The parents would like to have 

Kim returned home to live before the 
new baby is due. In this case they 
can have enough time with Kim before 
they get busy with a new baby. The 
home visits have been proven to be 
very disruptive to Kim. Her behaviour 
regressed every time after her visit 
at home. After a meeting held by 
Family Service supervisor, Mrs. 
Harvey, Adoption Supervisor, Mrs. 
Archer, Child Care worker, Mrs. Kirby 
and myself, it was decided that Kim 
should either be returned home as soon 
as possible, or home visits be stopped 
and Kim be returned after her parents 
are adjusted to the new baby. Since 
the home situation has been greatly 
improved and both parents are doing 
their best to get things out of the 
P.E.T. course, it is determined when 
the home visit be made before we 
decided which alternative between the 
two we are going to choose. 

Both Mr. and Mrs. Popen were seen this 
evening. They were told how we feel 
towards their home situation. I let 
Mr. Popen know at the present time my 
main concern is with him. I felt he 
is moving toward the right direction 
but he needs to work harder because he 
is not quite there yet. They also 



1693 



were urged to apply to each other what 
they have learned at the P.E.T. 
coarse. We spent time discussing how 
important it is to be able to say no 
to others. They seemed to agree with 
this. Mr. Popen felt that he has 
improved a lot in this area but stated 
that he would try harder. They both 
realize that their family unit is the 
most important and nothing, not even 
relatives, should come between them. 
We discussed the importance of being 
honest to each other and to the 
worker. Their ability to help and 
support each other is emphasized 
again. We also talked about Kims 
(sic) temper and the patience and 
firmness it requires to cope with her. 
Kim will have to know who is the boss 
from the very beginning. They were 
asked to think about what we have 
discussed on that day. If there are 
more problems or questions, they 
should not hesitate to bring them up 
next time. 

MAY 7/76 Mrs, Kirby and I have decided to place 
SL/po Kim back home on May 27th. In the 

meantime no home visits will be made 

by Kim before this date. 

SL/mw Mrs. Popen was notified of our plan. 

She was glad that Kim was coming back. 
Jennifer said her husband helped her 
make beds, change bedsheets, etc. over 
the weekend. She used to do every- 
thing for him but doesn't do so any- 
more, (e.g. he will have to wash his 
own feet when coming back from work) . 

Jennifer also described her mother as 
a tight person who secretly puts her 
money away and asks people for more. 
Her mother used to scare them with 
ghosts so that they stayed indoors at 
night. Jennifer stated that she would 
never do such a thing to her own 
children. 



1694 



MAY 31/76 Kim was returned home to live on May 

SL/mw 27. Mr. Popen was not present at 

Kim's return but had taken the 
afternoon off. On marginal date a 
home visit was made. Jennifer said 
Kim was doing alright on weekends, 
eating good and sleeping well. Kim 
had thrown temper tantrums on several 
occasions when she could not get what 
she wanted. She would lie on the 
floor, cry and kick her feet. 
Jennifer tried to be firm with her 
telling her if mommy says no, it's no. 
Then Kim would quit crying, get up 
realizing that she couldn't get any- 
thing. Jennifer and I also discussed 
using simple terms explaining things 
to Kim when she was refused anything. 
As far as relatives interferring goes, 
the Popens should be firm and consis- 
tent with Kim and ignore other peoples 
(sic) gossip. 

JUNE 1-16/76 During this period Mr. & Mrs. Popen 
SL/mw and Kim are readjusting to each other. 

The overall situation is under 
control. Kim has been good most of 
the time and Mr. & Mrs. Popen are 
rather proud of her. However, Kim 
does have her good days and bad days. 
Sometimes she gets up in the morning 
in a wretched mood and would remain in 
that mood for the rest of the day or 
even a couple of days. Her parents 
then would try their best to cope with 
the situation. Kim has got a stomach 
flu near the end of June, together 
with the fact that she was teething, 
she became miserable. She could not 
eat too much and would be up several 
times at night. Jennifer was trying 
to be firm and patient with her and 
was rather exhausted when Kim 
recovered from the flu. In the 
meantime the second child's due date 
gets nearer every day and Jennifer was 
informed by Dr. Jumean that she had 
put on too much weight. Unless she 
watched her diet carefully she would 



1695 



probably have a hard time delivering 
the child, which scares Jennifer very 
much. 

Jennifer now understands what our 
worker Mrs. Kirby told her about Kim 
who when she is mad will hurt herself 
and destroy things. Jennifer has also 
seen Kim being mean to others and 
kicking younger babies or animals. 
She said she was glad she was informed 
of Kim's behaviour so that she knew 
what to look for and how to react when 
such behaviour occurred. Jennifer 
also mentioned that she's pleased with 
the fact that C.A.S. did get involved, 
although she felt that taking Kim away 
from them for nine months is rather 
too long. It was said that Mr. Popen 
still has mixed feelings toward C.A.S. 
He was able to see that our taking Kim 
into care helped him make a decision 
as to quit drinking. Yet, he was not 
happy with the fact that we've had Kim 
for so long. 

Jennifer also mentioned the way their 
lawyer, Mr. Higgins, worked with them 
and how they were told not to say 
anything. They finally got fed up and 
began to wonder whether the lawyer 
really wanted to help them with their 
problems or just to win the case. She 
indicated that they were rather 
relieved when six months society 
wardship was granted and the court was 
over . 

JUNE 17 - Jennifer felt that Kim is playing her 

JULY 6/76 trick of one parent against the other 

SL/mw again. Sometimes Kim would be very 

hard to discipline in the daytime but 
when Mr. Popen came home from work she 
would become such a sweet little girl 
that Mr. Popen could not believe what 
Jennifer had told him about Kim. 
Since Kim was an active child, she 
often bumped into things and hurt 
herself. Mr. Popen v/as not happy 



1696 



about it and thought Jennifer should 
watch her more carefully. He said he 
did not mind if supper was not ready 
when he was home from work but 
Jennifer should see to it that Kim did 
not get hurt. He was afraid that 
C.A.S. was going to take Kim again. 

Several days later I was able to 
confront Mr. Popen with this, and 
reassure him that we fully understood 
children did get hurt accidentally, 
but he should be practical and realize 
that Mrs. Popen could not keep her 
eyes on Kim all the time. We also 
discussed Kim's changing moods and her 
behaviour. Mr. Popen said a couple of 
days ago Jennifer went out with her 
girlfriend for a whole day and left 
Kim with him. He was then able to see 
with his own eyes what Jennifer meant 
about Kim. He realized that being 
firm, yet loving was the only way to 
deal with her. 

On July 6/76 the Popens(sic) second 
child, Karie was born. 

JULY 7-23/76 Jennifer stayed in the hospital for a 
S L/mw week with the baby. During this 

period she hired a babysitter to care 
for Kim during the day. A visit was 
attempted to see if the babysitter 
could cope with Kim, however no one 
was home. 

Home visits to the Popens has been 
frequent. For the last couple of 
times Jennifer appeared very tired, 
cold and distant to the worker. The 
baby was healthy and had already begun 
to have baby cereal, but Kim was 
rather spoiled by the babysitter and 
wanted only cookies but not food. 
Jennifer tried to cope with that by 
reducing the cookie intake gradually. 
Mr. Popen doesn't feel too good lately 
due to his bad back, but Mr. Popen 
usually will cook on weekends and 



1697 



relieve Jennifer of some housework 
duties. We have discussed jealousy on 
the older child's part when there is a 
new baby at home and the importance of 
getting the older child involved. 

Jennifer looked very unhappy but she 
was not able to share it with me as to 
what was bothering her. She also 
seemed to be living in fear that 
C.A.S. is waiting for another chance 
to take her child away. Jennifer was 
rather upset when asked if she 
detected any tendency on her husband's 
part to taking his frustrations out on 
the children. She said the past 
experience was enough to let him know 
that he should not do such things. 

On my last visit we talked about 
Jennifer's fear towards C.A.S. 
Realizing that I was able to 
acknowledge her feelings, she honestly 
admitted it and we spent quite a while 
discussing the subject. It was 
indicated that C.A.S. is not asking 
for either a supervision order when 
Society wardship expires. I will be 
visiting on a friendly and supportive 
basis. She smiled, relaxed and said 
there is nothing wrong between her 
husband and herself as I had suspected 
earlier but she felt that C.A.S. has 
sent me out to spy on them. Jennifer 
also was upset because it seemed to 
her that since the new baby was born, 
everybody (probation officer, Mrs. 
Kate Maughan, and myself) has been 
asking her how her husband is and 
whether there is any tendency for him 
to go bac!: drinking or abusing the 
children. Since this has been 
questioned so many times before and 
had done so much explaining they hated 
to do it again. They wanted the past 
in the past. We then discussed why 
people were being especially careful 
when the second child arrived. She 
seemed to be able to understand that 



1698 



with a new baby coming to the home, it 
is very easy to complicate the situa- 
tion and create problems. It was 
pointed out again that right now is a 
crucial time and is very important to 
keep things under control. 

Jennifer was loving towards Kim. Kim 
was smiling and singing most of the 
time and her eating habits have almost 
returned to normal. Jennifer has been 
giving Kim unsweetened cookies which 
Kim doesn't like and refuses to have. 
Neither does she ask for sweet 
cookies, knowing that her mother 
doesn't have them. 

JULY 26/76 A call was made to the Popen ' s this 

morning in order to arrange a time for 
this worker to see them. It seemed 
that Jennifer Popen was trying to put 
me off. After I discussed the 
situation with my supervisor, we 
decided to apply for supervisory order 
before Society Wardship expires, due 
to the fact that Kim was a difficult 
child and a second child was born to 
this family and the home situation was 
not stable enough. Court date was 
arranged on August 4, 1976. 

At 6:30 p.m. home visit was made to 
the Popens. Mr. Popen had not come 
back from work yet. Knowing that I 
was going to discuss something 
important, Jennifer had her friend 
Judy Vandenberghe there. She was very 
nervous and apprehensive. I explained 
to Jennifer the reasons we asked for a 
supervisory order and if things went 
on smoothly, there would not be any 
change in our original plan. We would 
only visit on a helpful and supportive 
basis. She was asked to discuss this 
with her husband. 

JULY 27/76 Notices of Hearing were served to Mr. 

SL/mw & Mrs. Popen today. Jennifer was more 

relaxed today, but she was barbequing 



1699 



outside and did not spend much time 
with me. Mr. Popen said he understood 
why we would need a supervisory order 
and felt it was alright with them. 
Knowing we were going to ask for an 
adjournment on August 4, they decided 
not to go to the court and let me tell 
them what happened. 

AUG 4/76 Brief visit to the Popens. Jennifer 

Sl/mw{sic) was told the adjourned date for the 

court. She said they were thinking of 
moving because she did not get along 
with her next door neighbour. During 
this period, Kim was sitting beside 
her mother quietly, watching T.V. 

AUG 11/76 Early in the evening, a call was made 

SL/mw by Mr. Popen's sister-in-law, Grace 

Popen, saying Kim had died of a fall 
from the patio. Jennifer wanted me to 
go over. In the meantime, another 
call was received from Sarnia Police 
requesting me to go to Sarnia General 
Hospital. At Sarnia General Emergency 
I identified the child to be Kim 
Popen. Later on, as the parents were 
talking to the detectives, a message 
was left for the Popen's (sic) to call 
me again if they needed me. 

AUG 12/76 Home visit. Mr. Popen was at funeral 

SL/mw home arranging the funeral. Jennifer 

looked tired and strained. She said 
she did not sleep at all last night. 
She stated that the child first fell 
from her high chair yesterday 
afternoon and said "hurt! hurt! hurt!" 
but could not tell Jennifer where it 
hurt. Since then Kim had been bumping 
into things as if she was in a daze. 
The child was seen leaning on her left 
leg when walking. Judy Vandenberghe 
said she also noticed the child 
appeared to be a little dizzy. After 
supper Jennifer put Kim out on the 
back porch, a porch 3 feet high, 
without any railings, to play. 
Several minutes later, she found the 



1700 



child had fallen from the patio and 
was unconscious. Not long after they 
reached the hospital the child died. 

Kim was left with an 18 year old 
babysitter Debbie Ginn while Jennifer 
was in hospital having Karie. The 
only persons Kim had ever been left 
alone with were Mr. Francis Kameka and 
his mother. Detectives Ross and 
Walters (sic) were investigating into 
this situation. 

AUG 13/76 Popen second child, Karie was taken 

SL/mw into care and under our protection. 

AUG 16/76 Our workers, Mrs. Kirby, Mr. Carter 

SL/mw and myself attended Kim's funeral on 

marginal date. Later on in the 
afternoon, Jennifer informed the 
worker they now were staying at 211 
Cameron St. 337-9663. The place 
belongs to Mr. Popen' s brother. 

AUG 18/76 Court date for Karie had been 

Sl/mw(sic) ad30urned to August 30 at 1:30 p.m. 

AUG 30/76 Court date for Karie again had been 

SL/mw adjourned to Sept. 20 1:30 p.m. due to 

fact that we have to base our action 
on the result of investigation on 
Kim's death. 

AUG 31/76 Jennifer went over to Port Huron to 

S L/mw take the lie detector test. Her 

lawyer, Mr. Higgins had gone with her. 

The result of this test is unknown to 

us . 

SEPT 1/76 Karie is arranged to be baptized at 

SL/mw St, Joseph's Church on marginal date 

and the Popen's (sic) will also have 
their first visit with the child at 
the same time. 

SEPT 20/76 Six months society wardship was 

SL/mk granted for Karie Popen, Jr. on 

marginal date. Information re Karie' s 



1701 



SEPT/76 
JAN/7 7 
SL/mk 



FEB-MAY/7 7 



development is in child care file 
#9563 worker, Mrs. Mary Kirby. 

In mid September both Mr. and Mrs. 
Popen had been arrested and charged 
with manslaughter. Mr. Popen was 
granted bail on Sept 20/76 on 
condition he raise a $3,000 surety. 
Mrs. Popen was remanded to St. Thomas 
Psychiatric Hospital for assessment 
for a period not to exceed 60 days. 
Court hearing was adjourned from 
Sept. 27/76 to Nov. 29/76 to Jan. 13/77 
to Feb. 17/77. Jennifer was out of 
St. Thomas Hospital at the end of 
November 1976. But it was said that 
she had taken an overdose, therefore 
spent the Christmas and New Year's 
holidays at 3 East in Sarnia General 
Hospital and was committed to St. 
Thomas Psyhciatric (sic) Hospital by 
Dr. Tufford. It was also said she had 
never shown any emotion toward her 
dead child during this period. 

Court hearing was adjourned from 
Feb. 17/77 to March 31/77 to June 15 
and 16 for preliminary hearing 
regarding Kim's death. 

On Feb. 16/77 a conference was held 
here in Sarnia by St. Thomas 
Psychiatric Hospital social worker 
Nancy Cadesky, Mr. Khatab, social 
worker at St. Joseph's Hospital and 
myself. Jennifer was still being 
assessed at the time and was at St. 
Thomas behaviour modification ward. 
The hospital staff were having a 
difficult time gathering background 
information. Whatever they have 
gotten were rather unreliable because 
Jennifer appeared to be manipulative, 
and pre-fabricating. Their first 
assessment from Sept. 23/76 to Nov. 
22/76 tended to indicate that Jennifer 
has personality disorder, is paranoid 
and has suicidal tenency (sic). This 
second time the staff wondered if 



1702 



Jennifer will have psychotic behaviour 
when under a stress situation. In the 
hospital Jennifer is always neat and 
collected and appears to be co-opera- 
tive with the staff. However, the 
things she told the staff were rather 
unbelievable, e.g., she had a twin 
sister who died years ago, both twin 
sister and her dead child bid her to 
join them etc. 

Mr. Popen has been phoning and visit- 
ing Jennifer in the hospital one or 
two times a month. Sometimes Jennifer 
would refuse to see him or speak to 
him. Annals Popen has not been 
working since last August. Court 
hearing regarding Karie, Jr. was 
adjourned to March 14 then to 
April 4/77. During this period Mr. 
Popen gave us his sister and brother- 
in-laws names, Merline and Henry 
Kameka, 105 S. Vidal St. 336-9203, 
saying this couple can look after 
Karie before the Popen's (sic) court 
situation is clarified. However, when 
visiting the Kameka parents, this 
worker was told that their landlord 
had just put their house for sale, 
therefore before they know where to 
go, they could not look after Karie. 
Under this circumstance, no investiga- 
tion was necessary re this couple's 
ability to care for another young 
child. 

Eight months society wardship was 
granted for Karie Popen Jr on April 4, 
1977. 

JUNE/77 Preliminary hearing for the Popens in 

SL/mk the Criminal Court took place on June 

15 and 16. As the court has not 
finished questioning all the 
witnesses, this preliminary hearing 
again is remanded to August 11, and 12, 
1977. This worker was subpoened as a 
witness but was not called for this 
preliminary hearing. 



1703 



TRANSFER As the court is investigating into 

SUMMARY this situation, there is nothing we 

SL/mk can do except consulting with the 

child care worker, Mrs. M. Kirby, 
regarding Karie's development and 
assisting her in arranging visits 
between parents and child. As this 
worker is leaving the agency, this 
case is transferred to Mr. H.R. Carter 
as of June 27, 1977. 

See progress report #1 
See progress report #2 



1704 



SCHEDULE 2-F 



A REVIEW OF THE POPEN CASE 

prepared for 

THE CHILDREN'S AID SOCIETY OF THE CITY OF SARNIA 

AND THE COUNTY OF LAMBTON 

by 

A Committee chaired by 

Mrs. Margaret Farina, Associate Executive Director, 
Ontario Association of Children's Aid Societies. 



February 15, 1978, 



This is a confidential document. It was prepared for 
the Board of Directors of the Children's Aid Society 
of Sarnia and the County of Lambton, The Committee 
disclaims any responsibility for breach of the rules 
of confidentiality should any of its contents be 
disclosed to persons outside the Corporation. 



1705 



The Mandate 

The mandate for this review was stated in a 
letter received from the President of the Lambton 
Society dated December 19, 1977 and addressed to the 
president of the Ontario Association of Children's 
Aid Societies, 

"I am requesting, subject to your agree- 
ment, that you select three social workers 
whom you feel could visit Sarnia in order 
to 1) study this case in detail; 2) 
evaluate the decisions and actions taken by 
our own staff in the light of the actions 
taken by other community agencies; and 3) 
make a report summarizing the activities of 
the staff with respect to this case and 
offer any reactions or recommendations they 
feel appropriate . . . 

The intention of such a review would be to 
examine the appropriateness of the staff's 
actions in this case in order to prevent 
the recurrence of such a tragic event in 
the future." (Appendix 1) 

Subsequent to receipt of this request a 
chairman was appointed and a committee of three was 
struck, Mrs, Margaret Farina, Associate Executive 
Director of the Ontario Association of Children's Aid 
Societies was appointed chairman, the committee 
members being Mr, Bruce Heath, a former local 
director of a children's aid society and presently a 
Supervisor with the Ministry of Community and Social 
Services, and Mr, Arne Petersen, Director of 
Resources with the London Family and Children's 
Services. Composition of the committee was 
considered carefully and it is thought that a good 
representation of relevant expertise was achieved. 
The committee met on January 13th to study written 
material pertinent to the task and to discuss the 
method that would be used. Subsequently we visited 
Sarnia on January 25th to 28th to interview those 
people concerned directly with the case, and others 
concerned with the operation of the Society, and 
generally to conduct this phase of the review. The 
committee worked under considerable time pressure as 
its report was requested for the Lambton Society's 
February Board meeting. 



1706 



We take this opportunity to express our 
thanks to the Society President, Mr. David Allen, the 
Local Director, Mr. William Lovatt and those v/e 
interviewed for the excellent co-operation on their 
part. 

We also take this opportunity to commend 
the Board of Directors of the Society and the 
President for having requested this review. 

We also note at the outset of this Report 
that of some 1178 children who have come into the 
care of the Society over the past ten years, Kim 
Popen is the only one to have died from other than 
natural causes while in the Society's care. While we 
note this, we also note that one is too many, and it 
is our hope, shared by the Society, that this Report 
will assist in assuring as far as is humanly possible 
that this never happens again. 

The Method Used 

The method the committee adopted was to 
read all case material, reports, court transcripts 
and press clippings related to the case; to interview 
all those persons who were involved in decision- 
making or case handling; and any others who were 
associated with the case. In addition we talked with 
people who are associated with the Society but who 
were not involved in this case, and we read letters 
received from two former foster parents. 

All interviews were held in the Village Inn 
rather than on Society premises as it was felt that 
this more neutral setting would be more conducive to 
an open sharing of information. Interviews were 
scheduled by the Society president, and staff members 
were informed of our desire to talk to them. Certain 
key people were requested to make appointments. In 
three instances interviews were conducted by tele- 
phone because people were not available, and in at 
least two cases we asked staff members to return for 
a second interview as we wished to clarify informa- 
tion they had given in the light of subsequent infor- 
mation received. In addition to this, a local radio 
station carried several reports of our presence in 
the city and the purpose of our visit, inviting any- 
one interested to arrange to see us. We also had 
extended interviews both initially and at the 



1707 



conclusion with the President and the Local Director. 
It is the opinion of the committee that more than a 
reasonable opportunity was given for interested per- 
sons to come forward. 

Interviews were conducted with 11 staff 
members including 3 supervisors (2 present and 1 
past) and the Local Director, 2 board members 
including the president, 3 members of the Lambton 
police, the hospital social worker, the probation 
officer and volunteer, the society solicitor, one 
of the physicians involved in the case, and the 
Supervisor of Field Services for the Ministry of 
Community and Social Services. A total of 22 people 
were interviewed. 

Areas of Concern 

The chronological listing of events in the 
Popen case constitutes Appendix II. This material 
was taken from a photocopy of the family service file 
which was supplied to the committee. A separate 
report for the Child Welfare Branch was compiled and 
dated December 8, 1977, and a further report was 
prepared for the Society Board of Directors, dated 
December 15, 1977. 

The committee is concerned that 
discrepancies exist in these separate reports. The 
family service record indicates referral on June 17, 
and the initial enquiry states clearly that "this 
defensive, hostile young mother should be closely 
supervised considering the history of the recent six 
weeks." (two previous hospitalizations). The Child 
Welfare Branch report has the referral dated June 1 . 
The report to the Board of Directors does not give a 
specific date other than the month. 

In the June 19th entry in the family service file, it 
is stated that the case was due for assignment to 
H.R.C.., but ... "there was apparently a misunder- 
standing about the opening of the case at that time." 
The Child Welfare Branch report states that "the case 
was not assigned but a follow-up call was made to the 
City Police who suggested that we wait to make a home 
visit. They would report back to us if necessary." 
This is denied by the police. The Child Welfare 
Branch report indicates that the case was opened to 
H.R.C. on August 31. The report to the Board of 



1708 



Directors states that in June, 1975, there was 
"insufficient evidence to warrant intervention on the 
part of the society" and that the police accepted a 
"watching brief." We explored this thoroughly with 
the police and they deny any such arrangement, 
stating that they assumed the case would be acted 
upon by the Society following referral, and indeed 
they made a follow-up telephone call to the Society 
on July 2nd. They also note that any decision or 
arrangement would be recorded in their files. 

The committee is of the opinion that these 
discrepancies are serious in that they could indicate 
an attempt to camouflage case handling that is 
seriously inept, and is inexcusable in a Cose that is 
clearly one of child abuse. Two points are at issue, 
1) the handling of this case in the initial phase, 
and 2) the unexplained discrepancies in the various 
reports, the record, and the information from the 
police. 

The committee notes the excellent quality 
of the initial intake on June 17 and the responsive- 
ness of the Society at that phase of the case. There 
appears to be no adequate explanation, however, for 
the fact that this case was left unattended from mid 
June until August 29, a period of roughly 10 weeks. 

In our interviews we spent considerable 
time trying to determine what had happened to the 
Popen case during these 10 weeks. The caseworker to 
whom it was assigned (H.R.C.) claimed no knowledge of 
the case until August 29th, as the record indicates. 
The supervisor who would have made the assignment 
suggested that the caseworker simply didn't "pick up" 
the case. It was also suggested that he may have 
been on vacation. A check of agency records indi- 
cated that he was not. In addition, the supervisor 
noted that she did not know where the case was during 
the summer, and that the usual case opening procedure 
was not followed "for some reason." We note that the 
record indicates "a misunderstanding" in the opening 
of this case. In any event there is no escaping the 
fact that responsibility for case assignment and for 
monitoring what happens to cases, rests clearly with 
the supervisor and no one else. This is particularly 
important in abuse cases. The explanations given to 
the committee are not sufficient. 



1709 



The committee is concerned about the 
apparent interference on the part of the Popen's 
lawyer, Mr. Higgins, with the caseworker, H.R.C., in 
the handling of this case. The case record states 
that: 

"With regard to worker/client case relation- 
ships, case goals, etc. this was legally 
restricted by the Popen's lawyer and 
substantiated by a telephone call from Mr. 
Higgins to myself on January 16, 1976 at 
which time Mr. Higgins requested my help in 
changing a Court date. In trying to comply 
with his wishes I agreed I would be in 
touch with Mr. & Mrs. Popen, to which Mr. 
Higgins replied "please, over my dead body 
you don't." Consequently, under these cir- 
cumstances, but by obligation to give 
evidence of recent home situations it was 
necessary I request permission from Mr. 
Higgins' office for the only two home 
visits which were January 16th/76 and 
February 20/76. On both these occasions 
permission was granted but with the added 
instruction "don't quiz them." 

We questioned the caseworker's lack of 
knowledge of his rights and his failure to challenge 
or to ignore Mr. Higgins' interference. The worker 
informed us that he had in fact enquired of the 
supervisor whether Mr. Higgins had the rights he had 
assumed, and he was told by the supervisor to honour 
Mr. Higgins' request. We could obtain from the 
supervisor no answer that would explain this 
situation. When we asked why she did not consult the 
judge (whom she frequently consulted on matters of 
legal procedure) we were told that she "didn't think 
of it." We must wonder why consultation was not 
sought from any source. We were also informed by 
more than one person that the supervisor herself was 
intimidated by Mr. Higgins and "would have difficulty 
in going against his wishes." 

We were informed by the supervisor that on 
the day of the court hearing (February 25) she 
approached Mr. Higgins and invited him to become a 
member of the Society's Board of Directors. He did 
in fact join the Board in March, 1976 and resigned in 
January, 1978. 



1710 



We were also informed by the supervisor 
that she had previously asked the Local Director to 
retain an agency lawyer and this request had been 
denied on the grounds of lack of funds. (This was 
not verified) . 

We are concerned about some of the 
practices that appear to take place around court 
hearings. For instance at the February 25, 1976 
court hearing, the supervisor asked for two months 
society wardship, when, we are told, the caseworker 
recommended six months. The Judge gave six months 
wardship in spite of the Society's request for the 
two months. When questioned about this the super- 
visor informed us that asking for only two months was 
"a strategy," that Mr. Higgins on behalf of the 
parents wanted two months and that the supervisor was 
in fact wishing to appear to be complying with his 
wishes. She informed us that she had privately 
spoken to the judge and informed him that she really 
wanted six months but would be asking for only two. 
This "strategy" was never, apparently, communicated 
to the caseworker, who was given the explanation that 
she would ask for two months because the child had 
been in the Society's care already for about six 
months. 

If this is an accurate example of the way 
the court is used, and if this is an example of 
methods employed by the Society's supervisor/court 
worker, and if this is an example of the degree of 
trust between supervisor and caseworker and of the 
attitude to Mr. Higgins, then it brings the Society's 
integrity into question, as well as that of the 
court. 

The committee is concerned about the 
rationale for and the procedure used in transferring 
the case from the first caseworker, H.R.C., to Mrs. 
L. It is usual procedure when a case is to be 
transferred for this to be discussed in conference 
with (at least) the supervisor and the two workers. 
It is also customary professional practice for the 
rationale for the transfer to be clearly spelled out 
and recorded. Also it is professionally sound for 
the transfer to take place on a gradual basis with 
the client given an understanding of the reasons for 
transfer and an opportunity to meet the new worker 
prior to the withdrawal of the present worker. In 



1711 



the Popen case we find no discussion of the reasons 
for transfer, only the notation that "...in 
consultation with my supervisor this case will be 
transferred to Mrs. S. Lo . . . " On enquiring about 
this, the supervisor gave as her reason for transfer 
the fact that she wanted a female worker on this case 
and thought that Mrs. L. , being oriental and Mrs. P. 
being Jamaican, and both young, they would "be a good 
match." She also noted that Mrs. L. had more time, 
being new on the staff, having a small caseload, and 
that Mrs. Popen would not talk to H.R.C. Our con- 
versation with H.R.C. gave a different picture. He 
stated that the supervisor told him the case was to 
be transferred to Mrs. L. and it is his strong 
feeling that this was done in order to appease Mr. 
Higgins . 

In any event, we question the method used 
in transferring this case and note that transfer 
should be for the benefit of the client and keeping 
in mind, in this case, the planning and protection of 
the child, Kim. ■ In considering the method used in 
transfer we must question the supervisor's use of her 
authority, as well as her professional practice. 

Rationale for transfer is also question- 
able. Any case as obviously serious as this one 
should never be assigned to an inexperienced worker 
with no social work education or experience and we 
note that Mrs. L. had been with the Society less than 
three months. It is recommended practice in cases of 
child abuse that these cases be assigned to the most 
experienced, well qualified personnel. Assignment of 
this case to a person with virtually no protective 
service experience and no social work qualifications 
was a gross error in judgement on the part of the 
supervisor . 

The process of decision-making in the 
agency comes into question and we are particularly 
concerned about the crucial decision to return Kim to 
her parents. The dynamics of this decision were 
explored meticulously as they relate also to the 
authority structure in the Society which will be 
discussed separately. 

In exploring the decision to return Kim to 
her parents, we talked with the supervisor, the (now 



1712 



retired) adoption supervisor, the child care worker, 
both family service workers and two police officers. 

The record indicates that the decision to 
return Kim was made at a case conference on May 6, 
1976 which involved both supervisors, the child care 
worker and the family service worker. It is our 
understanding that the question was whether to return 
Kim before the birth of the second child in early 
July, or to keep her in care until Mrs. Popen had 
learned to cope with the new baby. There did not 
seem to be any question of Kim's eventual return 
home. Although both the family service file and the 
child care file indicate that the decision to return 
was made at this conference, the verbal statements 
made to us indicate that the conference was merely a 
formality, that the family service supervisor had 
previously made the decision that the child would be 
returned, and that the opinion of others would not be 
considered. We were also told that the constable, 
when he heard at a meeting prior to May that Kim 
might be returned, exclaimed "Do you want her in her 
grave within three months?" We verified this with 
the constable, who recalls making a statement to that 
effect although he could not vouch for the exact 
words used. The hospital social worker reported to 
us that he was "amazed to hear that the child had 
been returned." The Child Care record indicates 
Kim's upsets and regression after visits home, and 
Mrs. Popen 's awkward handling of the child. It would 
appear that the philosophy of the family service 
department supervisor was to return children to their 
homes as soon as possible regardless of the opinion 
of other workers familiar with the case. It appears 
that the Society lost sight of its primary mandate 
which is to protect children. 

It is a serious situation if all the facts 
in each case are not considered and opinions and 
observations shared and discussed. In a social work 
agency case decisions must be made for each case on 
an individual case basis, and not on the sole basis 
of an overall philosophy. In view of the evidence 
given to us, our opinion is that the family service 
supervisor failed to consider other opinions and made 
the decision to return Kim without adequate evidence 
that she would be safe. In fact, on the contrary, 
there was considerable evidence that this was still a 



1713 



high risk home at the time the decision was made to 
return Kim home and continued to be so. 

We note that since there had been only two 
visits prior to transfer of the case to Mrs. L. and 
work with the family was limited to a period of three 
months prior to Kim's return (sic). We also note in 
the recording the superficial quality of the 
relationship and understanding. A similar naivete is 
evident in the expectation that a Parent Effective- 
ness Training course, which had begun only ten days 
prior to the May 6 decision, would solve the Popen's 
parenting deficiencies. More specific indicators 
are: the notation that Mrs. Popen did not understand 
the needs of children; the relationship of the 
parents to Kim; the fact that (May 6) "home visits 
have proven to be very disruptive to Kim. Her 
behaviour regressed every time after her visits at 
home"; the description of Mrs. Popen's handling of 
Kim's temper tantrums and the child's reaction is not 
realistic; in the June 17 recording Mrs. Popen ex- 
plains that Kim bumps into things and hurts herself; 
there is notation of Kim's difficult behaviour and of 
the pressures on Mrs. Popen; although a friendly re- 
lationship had been established with Mrs. Popen, this 
changed after the birth of the baby and she became 
"cold and distant," looked tired and unhappy and 
"seemed to be living in fear" that the CAS would take 
the child away, she seemed suspicious of the worker, 
and on July 26 was trying to avoid the worker. The 
Society was concerned enough to apply for a 
supervision order "due to the fact that Kim was a 
difficult child and a second child was born to this 
family and the home situation was not stable enough ." 

Discussion of decision-making brings into 
question the authority structure in the agency. We 
were told in the course of our interviews that the 
family service department assumed an unusual degree 
of case control, that the supervisor of that depart- 
ment had the final word, and that opposing her 
decisions was regarded as a personal affront. When 
there is a difference of opinion in a case matter it 
should be accepted practice that further opinion be 
sought, and that the person with final authority be 
brought into the decision-making process, namely the 
society director. This did not happen in the Popen 
case. Because we were told so often of the 
supervisor's misuse of authority and the facts 



1714 



substantiate it, we must give credence to it. We 
must also question the fact that the local director 
apparently was either unable or reluctant to do 
anything about this situation in his Society. It is 
certainly possible, if not probable that he would not 
know the facts of the Popen case, since he would rely 
on the supervisor to keep him informed. But certain- 
ly he could not avoid knowing of the strains brought 
about by the supervisor's assumption of authority. 

The committee is concerned that after the 
death of Kim the Society left the baby Karie in the 
care of the parents from August 11 to August 13 
before apprehending. We are told by the supervisor 
that the baby was, in fact, in the care of neighbours 
in the same building, but the police inspector 
assures us that Karie was in the care of the parents 
except for a period of two to three hours during 
which time the Popens were with the police. The 
police inspector also informed us that when he 
contacted the supervisor to discuss taking Karie into 
care, he was told that the society "had no basis to 
take him into care." He informed us that in order to 
have the Society apprehend the baby it was necessary 
for the Crown Attorney and the Coroner's office to 
telephone to request this. (This latter was not 
verified) . 

The committee is concerned about the lack 
of involvement of the Society with agencies and 
services in the community. In any suspected child 
abuse case the onus is on the agency with prime 
responsibility, i.e. the CAS, to call regular case 
conferences involving all persons in any way 
connected with the case. Regular conferencing did 
not take place in the Popen case, rather, when 
information was shared this seemed to happen on an 
individual and also casual basis. This kind of 
all-inclusive conference should be held at a minimum 
at points of decision-making, and ideally at least 
monthly. In the Popen case such conferences should 
have included any agency personnel connected with the 
case including the foster mother, and other 
professional people such as the police, PHN, 
probation personnel and the hospital social worker 
and possibly Mrs. Popen's doctor. The decision to 
return a child in a risk situation is too crucial to 
be left to one or two individuals. 



1715 



The qualifications of staff in the Society 
need further exploration. While we appreciate that 
various kinds of training have a role in a protective 
service, we note that the worker assigned to this 
case did not have social work qualifications or 
experience. We also note the lack of knowledge of 
the Society's authority on the part of the first 
caseworker assigned to the case, as well as the 
family service supervisor in relation to the 
Society's rights and the interference of the lawyer. 
This brings into question the frequency and level of 
in-service training programs and the provision by the 
Society for continuing education for staff in 
general. We understand that professional development 
programs are complicated by the unusual role of the 
clerical staff in the agency, and that tensions 
between professional and clerical staff are height- 
ened by clerical staff expecting to be included in 
professional development meetings. While it is 
essential that clerical staff be a part of any 
general staff meetings, it is inappropriate that they 
attend professiohal development sessions. We must 
ask why this situation has been allowed to develop. 

The role of administration is brought into 
question by these latter concerns. In also every 
interview with staff members comment was made about 
the failure of the director to exercise his authority 
or to give leadership to the staff. In the opinions 
of most, this resulted in his role being usurped by 
the supervisor of the family service department who 
lacked the proper authority to act as an adminis- 
trator. Of all the complaints listed by staff it was 
the lack of firm leadership and control by the local 
director that resulted in the greatest sense of 
frustration and almost a feeling of abandonment. The 
committee was surprised to learn of the lack of clear 
procedural directives and written guidelines. We 
were informed that there is insufficient planning for 
children in care, that they are "neglected in care" 
and "moved from pillar to post with little planning." 
We also have the picture of little discipline and 
sloppy practices in the family service departjnent. 
We are informed that Society records which are quite 
correctly kept in a vault are, in fact, readily 
accessible to a variety of people since so many have 
the combination and ready access. 



1716 



staff morale at all levels and in all 
departments is very low, with the possible exception 
of the Child Care Department, and apparently has been 
for some time. We note that the Supervisor of Field 
Services of the Ministry of Community and Social 
Services was called in June and again in November, 
1977 to discuss staff problems, but it appears that 
no follow-up occured (sic) following his visits. 

The committee recognizes that in a service 
organization as complex as a children's aid society 
it is usual for some tensions to exist between 
departments. We were given the impression, however, 
that these tensions in the Lambton Society have 
become extreme to the point where they can interfere 
with or impede individuals in their work. 

We are told of very poor relationships 
between staff and board, with little communication or 
real understanding of each other's roles and 
functions. There seem to be no clear channels of 
communication within the Society and no way for board 
members to know or understand the working of the 
Society or the problems and needs of staff, including 
foster parents. We note especially that board were 
not formally informed of the Popen case until it was 
reported in the press (December, 1977). There seems 
to be a repressive atmosphere and indeed, we found 
some staff members we interviewed stating to us that 
they were hesitant to come because of fear of 
reprisals against them. Whether this is so or not is 
less important than the fact that the feeling was 
present and was stated in these terms. There seems 
to be little feeling of loyalty or committment to the 
organization. 

We V70uld like to think that the events of 
the Popen case could not be repeated today. However, 
we have doubts about this and note that three staff 
members of the Society told us about the reluctance 
of the Society to take action when cases are 
referred. Two cases were cited to us. In one there 
were 12 complaints and referrals over a period of six 
months. Nine such calls were made before the Society 
visited, having referred the matter to the Lambton 
Health Unit. The first visit was made in November 
(no one home), and the child was finally apprehended 
in December. This occured (sic) in 1976, wardship 
being granted in January, 1977. 



1717 



If this report is factual (and it can be 
checked) then we have doubts about the Society's 
capacity for responsiveness in the carrying out of 
their mandate, and again of the quality of 
supervision and professional standards. 

We have gone into some detail in regard to 
the Society's role in the Popen case. We cannot, 
however, leave the impression that total responsi- 
bility rests with the Society. The responsibility 
for the events of the Popen case must be shared 
between the Society, the Ministry, the legal system 
and the community. Having detailed the Society's 
role, we look briefly at the others. 

a) The Ministry of Community and Social Services 

One of the purposes of the Child Welfare 
Branch of the Ministry of Community and Social 
Services is to supervise the way in which the 
societies carry out their mandate. This is spelled 
out in the Child Welfare Act (Part 1, Section 2(a)) 
as follows: 

The Director shall 

a) advise and supervise children's aid 
societies; 

b) inspect or direct and supervise the 
inspection of the operation and records 
of children's aid societies; 

The Ministry did not, in fact, carry out 
this function during the time of the Popen case. 

Another purpose of the Ministry is to 
provide adequate funding so that an acceptable level 
of service is maintained. In our interviewing we 
heard repeatedly of high case loads, lack of time on 
the part of staff and insufficient supervisory staff. 
We have noted that a Society solicitor was not 
obtained due to lack of funds. We have noted the 
need for appropriate staff qualifications and for 
training programs. We suspect that the energies of 
the local director were channeled into budget rather 
than service considerations. We note that the 
Society has no accountant on staff. All of these 
considerations contribute to low staff morale and 
decreased effectiveness. 



1718 



b) The Legal System 

The legal system as it was demonstrated in 
this case must surely take some responsibility. We 
note especially the number of adjournments, and the 
interference of the lawyer with the Society 
caseworker. Although these actions may be accepted 
legal practice we see them as obstructing the 
Society's handling of the case. 

In the criminal case hearing involving the 
Popens' and the Crown, the judge took the liberty, in 
the name of justice, to speak privately to the press 
and to condemn the CAS for "almost criminal neglect" 
in their handling of the case. The same press report 
indicates that evidence did not disclose the role of 
the Children's Aid Society. (Appendix III)* To our 
knowledge the judge's statement was made without the 
Society ever having the opportunity to defend itself 
or to explain its actions. We believe that there is 
another, more appropriate channel that could have 
been used (request for a judicial enquiry) to give 
the judge an opportunity to express his concern. 

c ) The Community 

The community must also share in the 
responsibility for the death of this child. The 
Board of Directors of the Society is made up of 
representatives of the community and we are aware 
through lack of attendance at meetings and apparent 
lack of interest in the work of the Society, of an 
apathy on the part of many members of the Board, and 
an apparent lack of interest in serving on the Board, 
on the part of the community. 

The derogatory appellation "child 
snatchers" is well known to CAS staff, and in an 
effort to encourage the community to use their 
services, societies generally have reacted by being 
hesitant to apprehend children, and having 
apprehended, to re-uniting them with their families 
as soon as possible. 

A more serious concern is that the 
community seems to condone a certain level of child 
abuse, and citizens fail to report suspected 

*Not included in exhibit filed. 



1719 



incidents, perhaps of conflicted feelings about 
privacy and parental rights. Whatever the reasons, 
we note that this child was seriously abused on many 
occasions and people in the community must have been 
aware, yet it went unreported. For example, in one 
instance a neighbour, in giving evidence at the 
criminal hearing, stated that she had heard Kim 
screaming for "five or ten minutes." She did 
nothing . 

Recommendations 

Based on our findings in the review of the 
Popen case, the following are the recommendations of 
the committee: 

1. That a select committee of the Board, using other 
appropriate personnel, undertake a thorough 
review of the administration of the Society. The 
committee's mandate should include as a minimum, 

a) the channels of communication within the 
Society and between staff and Bord,(sic) 

b) examination of the responsibilities of members 
of the Board, 

c) examination of the job and reporting responsi- 
bilities of staff, and the administrative 
structure of the Society, 

d) examination of the mechanisms for regular 
periodic case review, 

e) recommendation of measures that might be taken 
to increase understanding between Board and 
staff. 

2. That the Ministry provide consultation to assure 
that the Board's committee has the resources it 
requires to accomplish its task. 

3. That the Board review the competence of supervi- 
sory staff and other staffing needs of the 
Society to assure that it is in fact able to 
provide a high quality service, with particular 
reference to its mandatory functions. 

4. That the Board and staff work together to update 
or establish written policies and procedures for 
all programs and services of the society. 



1720 



That the Ministry of Community and Social 
Services honour its legislated function of regu- 
lar review and consultation with the societies, 
and report regularly to each society's Board of 
Directors . 

That, in addition to case monitoring, the 
Ministry provide on-going consulation of a 
professional calibre to assist the Society to 
maintain professional standards of practice. 

7. That the Province undertake to investigate the 
adequacy of funding for the child abuse program 
and protection services of this society to assure 
that adequate funding is provided for the Society 
to carry out its mandate as spelled out in the 
legislation. 

8. That the Province review the present practice 
relating to use of the courts and the legal 
system in child welfare cases. In view of the 
events in the Popen case we are not convinced 
that the present system is the best possible to 
protect children and safeguard the rights of 
parents. 

9. That the Board of the Lambton Society receive 
appropriate direction from the Law Society of 
Upper Canada related to conflict of interest when 
a solicitor who is a member of the Board is 
representing parties in a case which is active 
with the Society. 

10. While we note that some steps have been taken to 
improve the handling of child abuse cases, it is 
recommended that the Society study and adhere to 
procedures detailed in "Guidelines of Practice 
and Procedure in the Handling of Cases of Child 
Abuse", published by the Ontario Association of 
Children's Aid Societies in 1976. 



1721 



This Report is respectfully submitted by the review 
committee . 



(Mrs.) Margaret Farina, BA, MSW, MEd . , Chairman, 

Associate Executive Director, 

Ontario Association of Children's Aid Societies 



" Ma rgaret Farina" 



Mr. Bruce Heath, BA, MSW, 

Supervisor, 

Ministry of Community and Social Services 



"Bruce R. Heath" 



Mr. Arne Petersen, BA, MSW, 

Director of Resources, 

Family and Children's Services of London and 

Middlesex 



"Arne Petersen" 



1722 



APPENDIX I 

652, Winchester Crescent 
Sarnia, Ontario 
N7S 4P7. 

1977 12 19 

Mr. R.N. McQuarrie, President 

Ontario Association of Children's Aid Societies, 

Suite 501 

663 Yonge Street 

Toronto, Ontario 

M4Y 2P4 

Dear Mr. McQuarrie: 

No doubt you have been following the recent news 
release and editorials in the press pertaining to the 
conviction of Mr. & Mrs. Annals Popen relating to the 
death of their daughter Kim Anne Marie Popen. Prior 
to her death Kim had been a temporary ward of the 
Lambton County Children's Aid Society. She died 
shortly after her return to her natural parents. 

Many have questioned the decision made by our 
agency to return Kim to her parents. Our own board 
is especially concerned. At an emergency board 
meeting held on Thursday December 15, 1977 (see 
attached news release) a motion was passed to request 
that a review committee of three social workers be 
appointed to review this case in detail. This 
request was favourably received in an earlier 
telephone conversation on the same day with Mr. 
Scotty Dymond, your executive director. 

I am requesting, subject to your agreement, that 
you select 3 social workers whom you feel could visit 
Sarnia in order to 1) study this case in detail, 2) 
evaluate the decisions and actions taken by our own 
staff in the light of the actions taken by other 
community agencies, and 3) make a report summarizing 
the activities of the staff with respects to this 
case and offer any reactions or recommendations they 
feel appropriate. Hopefully a report could be made 
available for Janury 24, 1978, which is our next 
regular board meeting. 

cont . , . 



1723 



- 2 - 



The intention of such a review would be to 
examine the appropriateness of the staffs' actions in 
this case in order to prevent the recurrence of such 
a tragic event in the future. Because our board is 
essentially a lay group we are not in the best 
position to take an objective nor impartial view of 
the matter. Hence a "peer review" would be more 
fitting . 

I am unaware of any past requests which are 
similar to the one being proposed here. Nevertheless 
I am hoping that you will look favourably on it. It 
could provide, for any member of our staff who may 
wish to express their views, an opportunity to do 
so. 

I would welcome your early reply to this 
request as well as any suggestions you may have with 
respect to funding such a study. My business 
telephone number is 1-519-336-1500, and home number 
is 1-519-542-9713. Between December 22nd and January 
2nd, 1978, I will be in Montreal and can be reached 
at the residence of Victor Longhurst, telephone 
number 1-514-747-4057. Alternatively you may wish to 
communicate as necessary with Mr. William Lovatt our 
local director. 



Yours truly, 

"David A. Allen" 

David A. Allen, President 
Children's Aid Society 
Lambton County. 



cc: Mr. H.H. Dymond, Executive Director 
Mr. Wm. Lovatt, Local Director 
Mr. Stephan Charko, Supervisor of Field Services 



1724 



APPENDIX II 

Case Events in Chronological Sequence as reported in 
Family Service file. 



June 17, 1975. 



June 19 



August 31 
September 1 

September 8 
October 29 
October 30 

November 13 
January 16, 1976 



January 16 
January 19 
February 20 



Referral by Det. Gander. Social 
Worker and case aide visit. 
Report written "should be closely 
supervised considering the history 
of the recent 6 weeks." 

Recording. Case was due for 
assignment. "Apparently a 
misunderstanding about the opening 
of the case at that time." 

Case opened to H.R.C. 

Kim released from hospital, under 
care of child care worker, Mrs. 
M.K. 

Initial Court hearing, adjourned 
to Oct. 29. 

Court adjourned to January 19, 
1976. 

Criminal charges laid by police 
under C.VJ.A. Adjourned to 
November 13. 

Adjourned to January 19, 1976. 

P's lawyer, Mr. Higgins, tells 
worker not to be in touch with Ps 
... "over my dead body." Worker 
requested permission of Mr. H. to 
visit and was told "don't quiz 
them." 

Home visit. 

Adjourned to February 23, 1976. 

Home visit (only 2 home visits by 
H.R.C.) Worker records his 
feeling that Mrs. P. is a 



1725 



proverbial liar - reveals her 
story of death of previous child 
at 7 months in Jamaica, her 
evasion of reasons. Mrs. P. 
isolated, young, inexperienced. 

February 23 Mr, P. admits guilt. 

February 25 Society gets order of society 

wardship for 6 months. Mr. P. to 
attend A. A., both parents to 
attend PET course. Weekly 
supervision in their home by CAS. 
Results of Kim's visits to be 
reported to supervisor, M.H., 
weekly . 

February 29 Case transferred to Mrs. L. 

(H.R.C. informed of the transfer 
following court hearing of 
February 25 . ) 

Noted Mrs. P's pregnancy. Mr. 
Brower, Probation, did not attend 
February 25 hearing nor did he 
communicate with CAS office. 

February 27 Mrs. L. begins visits to P. Home. 

Records Mrs. Ps revelations re her 
background, fact that she raised 
her brothers and sisters but did 
not seem to know that food, 
clothing and lodging were only one 
aspect of child rearing. 

March 4 Home visit. Mrs. P. speaks of a 5 

year old son in Jamaica. Worker 
records that with Kim in care 
tension is reduced in the home and 
that once Kim returns the 
situation will be different. It 
will require close observation and 
intensive moral support to 
parents. 

March 18 Home visit. Mr. & Mrs. P. Home. 

PET course to begin April 22. 



1726 



March 29 Court. Mr. P. pleads guilty of 

charge of neglecting to protect 
child. Probation and suspended 
sentence for 1 year. 

April 15 Kim begins home visits weekly. 

Some differences in handling 
noted, need of course in parenting 
noted . 

Worker continues weekly visits. 
Improvement noted and discussion 
of etiology of abuse. Need of 
parenting course noted. 

May 6 Ps would like Kim home prior to 

birth of new baby. Worker records 
that the home visits have been 
very disruptive to Kim. Reported 
case conference, M.H., L. Archer, 
M. Kirby, Mrs. Lo decided Kim 
should either be returned home as 
soon as possible or home visits be 
stopped and Kim returned after 
parents adjusted to new baby. 
Need another visit before 
deciding . 

Home visit. Ps told the society 
unsure, and worker feels Mr. P. 
needs to improve. 

May 7 Mrs. K. and worker select May 27 

as day to return Kim. No visits 

prior to that date. Mrs. P. 
informed . 

May 27 Kim returned home. 

May 31 Home visit. Kim has temper 

tantrums, hard to manage, is 
better on weekends when Mr. P. 
home . 

June 1-16 "Overall situation is under 

control." Kim has flu near end of 
June and is teething, miserable. 
Some problems in handling Kim 
noted . 



1727 



June 17-July 6 

July 6 
July 7-23 



July 26 



July 27 

August 4 

August 11 

August 12 

August 13 
August 18 

August 30 
August 31 

September 20 

September 15 



Difficulties in managing Kim 
reported. Reported that Kim would 
hurt self by bumping into things. 

Karie born. 

Home visits continue. Mrs. P 
appeared tired, cold and distant 
to worker. Some problems with Kim 
noted. Mrs. P seems afraid CAS 
will remove Kim again, is assured 
CAS not asking for continuing 
supervision order. July 23 Kim 
appeared happy. 

Worker telephones. Mrs. P 
"putting her off." Worker and 
supervisor decide to apply for 
supervision order. "Home not 
stable." Court date arranged for 
Aug . 4 . 

Notices of hearing served on Mr. & 
Mrs. P. 

Brief home visit. Kim sitting 
quietly. 

Relatives phone to say Kim had 
died from a fall off patio. 

Home visit. Mrs. P reports Kim 
was dizzy. 

Karie taken into care. 

Court date for Karie. Adjourned 
to August 30. 

Court adjourned to September 20. 

Mrs. P to Port Huron for lie 
detector test with Mr. Higgins. 

6 months society wardship granted 
for Karie. 

Mr. & Mrs. P. arrested, charged 
with manslaughter. Mr. P. granted 



1728 



bail on September 20. Mrs. P. to 
St. Thomas Psychiatric Hospital. 

September 27 Court hearing adjourned to 

November 9. 

November 9 Adjourned to November 29. 

November 29 Adjourned to January 13, 1977. 

January 13, 1977 Adjourned to February 17, 1977. 

(at end of November Mrs. P out of 
St. Thomas took overdose. 
Committed to St. Thomas). 

February 17 Court hearing adjourned to March 

31. 

March 31 Adjourned to June 15 and 16. 

March 14 Court hearing re Karie adjourned 

to April 4. 

April 4 8 months society wardship granted 

for Karie. 

June 15-16 Preliminary hearing for Mr. & Mrs, 

P. Remanded to August 11 and 12, 
1977. 

June 27 Case transferred to H.R.C. 



1729 



SCHEDULE 2-G 



A REVIEW OF THE PQPEN CASE 

prepared for 

THE CHILDREN'S AID SOCIETY OF THE CITY OF SARNIA 

AND THE COUNTY OF LAMBTON 

by 

A Committee chaired by 

Mrs. Margaret Farina, Associate Executive Director, 
Ontario Association of Children's Aid Societies. 



February 24, 1978 



This is a confidential document. It was prepared for 
the Board of Directors of the Children's Aid Society 
of Sarnia and the County of Lambton. The Committee 
disclaims any responsibility for breach of the rules 
of confidentiality should any of its contents be 
disclosed to persons outside the Corporation. 



1730 



The Mandate 

The mandate for this review was stated in a 
letter received from the President of the Lambton 
Society dated December 19, 1977 and addressed to the 
President of the Ontario Association of Children's 
Aid Societies. 

"I am requesting, subject to your agree- 
ment, that you select three social workers 
whom you feel could visit Sarnia in order 
to 1) study this case in detail; 2) evalu- 
ate the decisions and actions taken by our 
own staff in the light of the actions taken 
by other community agencies; and 3) make a 
report summarizing the activities of the 
staff with respect to this case and offer 
any reactions or recommendations they feel 
appropriate. . . 

The intention of such a review would be to 
examine the appropriateness of the staff's 
actions in this case in order to prevent 
the recurrence of such a tragic event in 
the future." (Appendix 1) 

Subsequent to receipt of this request a 
chairman was appointed and a committee of three was 
struck. Mrs. Margaret Farina, Associate Executive 
Director of the Ontario Association of Children's Aid 
Societies was appointed chairman, the committee mem- 
bers being Mr. Bruce Heath, a former local director 
of a children's aid society and presently a Supervi- 
sor with the Ministry of Community and Social 
Services, and Mr. Arne Petersen, Director of 
Resources with the London Family and Children's 
Services. Composition of the committee was consider- 
ed carefully and it is thought that a good represen- 
tation of relevant expertise was achieved. The 
committee met on January 13th to study written 
material pertinent to the task and to discuss the 
method that would be used. Subsequently we visited 
Sarnia on January 25th to 28th to interview those 
people concerned directly with the case, and others 
concerned with the operation of the Society, and 
generally to conduct this phase of the review. The 
committee worked under considerable time pressure as 
its report was requested for the Lambton Society's 
February Board meeting. 



1731 



We take this opportunity to express our 
thanks to the Society President, Mr. David Allen, the 
Local Director, Mr. William Lovatt and those we 
interviewed for the excellent co-operation on their 
part. 

We also take this opportunity to commend 
the Board of Directors of the Society and the 
President for having requested this review. 

We also note at the outset of this Report 
that some 1178 children who have come into the care 
of the Society over the past ten years, Kim Popen is 
the only one to have died from other than natural 
causes while in the Society's care. While we note 
this, we also note that one is too many, and it is 
our hope, shared by the Society, that this Report 
will assist in assuring as far as is humanly possible 
that this never happens again. 

The Method Used 

The method the committee adopted was to 
read all case material, reports, court transcripts 
and press clippings related to the case; to interview 
all those persons who were involved in decision- 
making or case handling; and any others who were 
associated with the case. In addition we talked with 
people who are associated with the Society but who 
were not involved in this case, and we read letters 
received from two former foster parents. 

All interviews were held in the Village Inn 
rather than on Society premises as it was felt that 
this more neutral setting would be more conducive to 
an open sharing of information. Interviews were 
scheduled by the Society president, and staff members 
were informed of our desire to talk with them. 
Certain key people were requested to make appoint- 
ments. In three instances interviews were conducted 
by telephone because people were not available, and 
in at least two cases we asked staff members to 
return for a second interview as we wished to clarify 
information they had given in the light of subsequent 
information received. In addition to this, a local 
radio station carried several reports of our presence 
in the city and the purpose of our visit, inviting 
anyone interested to arrange to see us. We also had 
extended interviews both initially and at the 



1732 



conclusion with the President and the Local Director. 
It is the opinion of the committee that more than a 
reasonable opportunity was given for interested 
persons to come forward. 

Interviews were conducted with 11 staff 
members including three supervisors (2 present and 1 
past) and the Local Director, two board members 
including the president, three members of the Lambton 
police, the hospital social worker, the probation 
officer and volunteer, the society solicitor, one of 
the physicians involved in the case, and the 
Supervisor of Field Services for the Ministry of 
Community and Social Services. A total of 22 people 
were interviewed. 

Areas of Concern 

The chronological listing of events in the 
Popen case constitutes Appendix II. This material 
was taken from a photocopy of the family service file 
which was supplied to the committee. A separate 
report for the Child Welfare Branch was compiled and 
dated December 8, 1977, and a further report was 
prepared for the Society Board of Directors, dated 
December 15, 1977. 

The committee is concerned that discrepan- 
cies exist in these separate reports. The family 
service record indicates referral on June 17, and the 
initial enquiry states clearly that "this defensive, 
hostile young mother should be closely supervised 
considering the history of the recent six week." 
(Two previous hospitalizations). The Child Welfare 
Branch report has the referral dated June 1. The 
report to the Board of Directors does not give a 
specific date other than the month. 

In the June 19th entry in the family service file, it 
is stated that the case was due for assignment to 
H.R.C., but ... "there was apparently a misunder- 
standing about the opening of the case at that time." 
The Child Welfare Branch report states that "the case 
was not assigned but a follow-up call was made to the 
City Police who suggested that we wait to make a home 
visit. They would report back to us if necessary." 
This is denied by the police. The Child Welfare 
Branch report indicates that the case was opened to 
H.R.C. on August 31. The report to the Board of 



1733 



Directors states that in June, 1975, there was 
"insufficient evidence to warrant intervention on the 
part of the society" and that the police accepted a 
"watching brief." We explored this with the police 
and they deny any such arrangement, stated that they 
assumed the case would be acted upon by the Society 
following referral, and indeed that they made a 
follow-up telephone call to the Society on July 2nd. 
They also note that any decision or arrangement would 
be recorded in their files. 

The committee is of the opinion that these 
discrepancies are serious and that they warrant 
further exploration. Two points are at issue, 1) the 
handling of this case in the initial phase, and 2) 
the unexplained discrepancies in the various reports, 
the records, and the information from the police. 

The committee notes the excellent quality 
of the initial intake on June 17 and the responsive- 
ness of the Society at that phase of the case. Our 
interviews, however, produced no adequate explanation 
for the fact that this case was left unattended from 
mid June until August 29, a period of roughly 10 
weeks. In view of this, procedures, routines and 
monitoring of the way in which cases are transferred 
from intake should have further scruitny (sic). 

The committee's questioning related to the 
Society's role in relation to the court brought us to 
the conclusion that a solicitor should be retained. 
It was also apparent to us that staff training is 
required specifically to give staff an understanding 
of their role in relation to the court, and their 
rights in relation to legal representatives of 
clients . 

We also suggest strongly to the Society 
that they request the Law Society of Upper Canada to 
advise them in relation to the possibility of a 
conflict of interest when a lawyer who is also a 
Board member represents a client who is an active 
case with the Society. 

The committee is concerned about the 
rationale for and the procedure used in transferring 
the case from the first caseworker, H.R.C., to Mrs. 
L. It is usual procedure when a case is to be 
transferred for this to be discussed in conference 



1734 



with (at least) the supervisor and the two workers. 
It is also customary professional practice for the 
rationale for the transfer to be clearly spelled out 
and recorded. Also it is professionally sound for 
the transfer to take place on a gradual basis with 
the client given an understanding of the reasons for 
transfer and an opportunity to meet the new worker 
prior to the withdrawal of the present worker. In 
the Popen case we find no discussion of the reasons 
for transfer, only the notation that "...in consul- 
tation with my supervisor this case will be trans- 
ferred to Mrs. S. L....". On enquiring about this, 
the supervisor gave as her reason for transfer the 
fact that she wanted a female worker on this case and 
thought that Mrs. L., being oriental and Mrs. P. 
being Jamaican, and both young, they would "be a good 
match." She also noted that Mrs. L. had more time, 
being new on the staff, having a small caseload, and 
that Mrs. Popen would not take to H.R.C. Our 
conversation with H.R.C. gave a different picture. 
He informed us that he had not been involved in the 
decision to transfer, and his views of the reasons 
for transfer were at variance with those stated to us 
by the supervisor. 

In any event, we question the method used 
in transferring this case and note that transfer 
should be for the benefit of the client and keeping 
in mind, in this case, the planning and protection of 
the child, Kim. 

Rationale for transfer is also question- 
able. Any case as obviously serious as this one 
should never be assigned to an inexperienced worker 
with no social work education or experience and we 
note that Mrs. L. had been with the Society less than 
three months. It is recommended practice in cases of 
child abuse that these cases be assigned to the most 
experienced, well qualified personnel. 

The process of decision-making in the 
agency comes into question and we are particularly 
concerned about the crucial decision to return Kim to 
her parents. The dynamics of this decision were 
explored as they relate also to the authority 
structure in the Society which will be discussed 
separately. In exploring the decision to return Kim 
to her parents, we talked with the family service 
supervisor, the (now retired) adoption supervisor. 



1735 



the child care worker, both family service workers 
and two police officers. 

The record indicates that the decision to 
return Kim was made at a case conference on May 6, 
1976 which involved both supervisors, the child care 
worker and the family service worker. It is our 
understanding that the question was whether to return 
Kim before the birth of the second child in early 
July, or to keep her in care until Mrs. Popen had 
learned to cope with the new baby. There did not 
seem to be any question of Kim's eventual return 
home. Although both the family service file and the 
child care file indicate that the decision to return 
was made at this conference, the verbal statements 
made to us indicate that the basic philosophy of the 
family service department was to return children to 
their homes, and that this philosophy would usually 
overrule individual opinions. We were also told that 
the constable, when he heard at a meeting prior to 
May, that Kim might be returned, exclaimed, "Do you 
want her in her grave within three months?" 

We verified this with the constable, who 
recalls making a statement to that effect although he 
could not vouch for the exact words used. The hos- 
pital social worker reported to us that he was 
"amazed to hear that the child had been returned." 
The child care record indicates Kim's upsets and 
regression after visits home. It would appear from 
the information given to us that the Society, in an 
effort to re-unite the family, lost sight of its 
primary mandate which is to protect children. It is 
our opinion that the process of decision-making re- 
lated to the handling of cases requires further 
scrutiny. 

We note that there had been only two visits 
prior to transfer of the case to Mrs. L. and work 
with the family was limited to a period of three 
months prior to Kim's return. We also note from the 
recording what we interpret to be a superficial 
quality of the relationship and understanding. A 
similar naivete is evident in the expectation that a 
Parent Effectiveness Training course, which had begun 
only ten days prior to the May 6 decision, would 
correct the Popen's parenting deficiencies. More 
specific indicators are: the notation that Mrs. 
Popen did not understand the needs of children; the 



1736 



relationship of the parents to Kim; the fact that 
(May 6) "home visits have proven to be very 
disruptive to Kim. Her behaviour regressed every 
time after visits at home." Mrs. Popen's handling of 
Kim's temper tantrums and the child's reaction as 
described in the record sounds unrealistic; in the 
June 17 recording Mrs. Popen explains that Kim bumps 
into things and hurts herself; there is notation of 
Kim's difficult behaviour and of the pressures on 
Mrs. Popen; although a friendly relationship had been 
established with Mrs, Popen, this changed after the 
birth of the baby and she became "cold and distant," 
looked tired and unhappy and "seemed to be living in 
fear" that the CAS would take the child away; she 
seemed suspicious of the worker, and on July 26 was 
trying to avoid the worker. The Society was 
concerned enough to apply for a supervision order 
"due to the fact that Kim was a difficult child and a 
second child was born to this family and the home 
situation was not stable enough . " 

The committee is concerned that after the 
death of Kim the Society left the baby Karie in the 
care of the parents from August 11 to August 13 
before apprehending. We are told by the supervisor 
that the baby was, in fact, in the care of neighbours 
in the same building, but the police inspector 
assures us that Karie was in the care of the parents 
except for a period of two to three hours during 
which time the Popens were with the police. The 
police inspector also informed us that when he 
contacted the supervisor to discuss taking Karie into 
care, he was told that the Society "had no basis to 
take him into care." He informed us that in order to 
have the Society apprehend the baby it was necessary 
for the Crown Attorney and the Coroner's office to 
telephone to request this. (This latter was not 
verified) . 

The committee is concerned about the appa- 
rent lack of involvement of the Society with agencies 
and services in the community at the time. In any 
suspected child abuse case the onus is on the agency 
with prime responsibility, i.e. the CAS, to call 
regular case conferences involving all persons in any 
way connected with the case. Regular conferencing 
did not take place in the Popen case, rather, when 
information was shared this seemed to happen on an 
individual and almost casual basis. This kind of 



1737 



all-inclusive conference should be held at a minimum 
at points of decision-making, and ideally at least 
monthly. In the Popen case such conferences should 
have included any agency personnel connected with the 
case including the foster mother, and other profes- 
sional people such as the police, PHN, probation 
personnel and the hospital social worker and possibly 
Mrs. Popen's doctor. The decision to return a child 
in a risk situation is too crucial to rest with one 
or two individuals. 

The qualifications of staff in the Society 
need further exploration. While we appreciate that 
various kinds of training have a role in a protective 
service, we note that the worker assigned to this 
case did not have social work qualifications or 
experience. We also note that, according to the 
information given to us, there was a lack of know- 
ledge of the Society's authority on the part of the 
first caseworker assigned to the case, as well as the 
family service supervisor in relation to the 
Society's role with the court, and legal representa- 
tives. This brings into question the frequency and 
level of in-service training programs and the pro- 
vision by the Society for continuing education for 
staff in general. We understand that professional 
development programs are complicated by the unusual 
role of the clerical staff in the agency, and that 
tensions between professional and clerical staff are 
heightened by clerical staff expecting to be included 
in professional development meetings. While it is 
essential that clerical staff be a part of any 
general staff meetings, it is inappropriate that they 
attend professional development sessions. We must 
ask why this situation has been allowed to develop. 

The role of administration is brought into 
question by these latter concerns. In almost every 
interest with staff members comment was made about 
the lack of leadership and direction on the part of 
the local director. Of all the complaints listed by 
staff it was the lack of firm leadership and control 
by the local director that resulted in the greatest 
sense of frustration and almost a feeling of aban- 
donment. The committee was told that there are few 
clear procedural directives or written guidelines. 
We were informed that there is insufficient planning 
for children in care, that they are "neglected in 
care" and "moved from pillar to post with little 



1738 



planning." We also have the picture of little disci- 
pline and sloppy practices in the family service 
department. We are informed that Society records 
which are quite correctly kept in a vault are, in 
fact, readily accessible to a variety of people since 
so many have the combination and ready access. 

Staff morale at all levels and in all 
departments is very low, with the possible exception 
of the Child Care Department, and apparently has been 
for some time. We note that the Supervisor of Field 
Services of the Ministry of Community and Social 
Services was called in June and again in November, 
1977 to discuss staff problems, but it appears that 
no effective follow-up by the Society occured (sic) 
following his visits. 

The committee recognizes that in a service 
organization as complex as a children's aid society 
it is usual for some tensions to exist between 
departments. We were given the impression, however, 
that these tensions in the Lambton Society have 
become extreme to the point where they can interfere 
with or impede individuals in their work. 

We are told of poor relationships between 
staff and board, with little communication or real 
understanding of each other's roles, authority and 
functions. There seem to be no clear channels of 
communication within the Society and no clear means 
by which board members can know or understand the 
working of the Society or the problems and needs of 
staff, including foster parents. We note especially 
that Board were not formally informed of the Popen 
case until it was reported in the press (December, 
1977). There seems to be a repressive atmosphere and 
and indeed, we found some staff members we interview- 
ed stating to us that they were hesitant to come 
because of fear of reprisals against them. Whether 
this is so or not is less important than the fact 
that the feeling was present and was stated in these 
terms. There seems to be little feeling of loyalty 
or committment to the organization. 

We would like to think that the events of 
the Popen case could not be repeated today. However, 
we reserve opinion about this and note that three 
staff members of the Society told us about the 
apparent reluctance of the Society to take action 



1739 



when cases are referred. Two cases were cited to us. 
In one there were 12 complaints and referrals over a 
period of six months, the first being in July. Nine 
such calls were made before the Society visited, 
having referred the matter to the Lambton Health 
Unit. The first visit was made in November (no one 
home), and the child was finally apprehended in 
December. This occurred in 1976, wardship being 
granted in January, 1977. The committee recognizes 
that this was a verbal report and was unsubstantiated 
by evidence. The case records, however, can and 
should be checked. 

We have gone into some detail in regard to 
the Society's role in the Popen case. We cannot, 
however, leave the impression that total responsibil- 
ity rests with the Society. Responsibility for the 
events of the Popen case must be shared by other 
systems which impinge upon the Society, Having de- 
tailed the Society's role, we look briefly at some of 
the others. 

a) The Ministry of Community and Social Services 

One of the purposes of the Child Welfare Branch 
of the Ministry of Community and Social Services 
is to supervise the way in which the societies 
carry out their mandate. This is spelled out in 
The Child Welfare Act (Part 1, Section 2(a)) as 
follows: 

The Director shall 

a) advise and supervise children's aid societies; 

b) inspect or direct and supervise the inspection 
of the operation and records of children's aid 
societies ' 

It would have been desirable had the Ministry had 
closer contact with the Society during this 
period. 

Although we did not verify, we heard repeatedly 
of high case loads, lack of time on the part of 
staff and insufficient supervisory staff. We 
have noted the need for appropriate staff 
qualifications and for training programs. We 
suspect that the energies of the local director 



1740 



were channeled into budget rather than service 
considerations. We note that the Society has no 
accountant on staff. All of these considerations 
contribute to low staff morale and decreased 
effectiveness, and they are areas that require 
further examination, by the Board of Directors 
and the Ministry. 

b) The Community 

The community must also share in the responsibil- 
ity for the death of the child. The Board of 
Directors of the Society is made up of represen- 
tatives of the community and we were made aware 
through lack of attendance at meetings and 
apparent lack of interest in the work of the 
Society, of an apathy on the part of many members 
of the Board, and an apparent lack of interest in 
serving on the Board, on the part of the 
community. 

A more serious concern is that the community 
seems to condone a certain level of child abuse, 
and citizens fail to report suspected incidents, 
perhaps because of conflicted feelings about 
privacy and parental rights. Whatever the 
reasons, we note that this child was seriously 
abused on many occasions and people in the 
community must have been aware, yet it went 
unreported. For example, in one instance a 
neighbour, in giving evidence at the criminal 
hearing, stated that she had heard Kim screaming 
for "five or ten minutes." She did nothing. 

Recommendations 

The committee's explorations in relation to the 
Popen case raise serious concerns. Our mandate was 
not to conduct a legal review, or were we constituted 
to do so. Sufficient observations, however, lead us 
to recommend to the Board of Directors that they 
request the Ministry of Community and Social Services 
to initiate a Judicial Enquiry without delay. 

It is a further recommendation of the committee 
that the Ministry be requested to provide whatever 
professional staff may be necessary to assist the 
Society to carry out its mandate pending the results 
of the Judicial Enquiry. 



1741 



This Report is respectfully submitted by the review 
committee. 



(Mrs) Margaret Farina, BA, MSW, MEd., Chairman, 

Associate Executive Director, 

Ontario Association of Children's Aid Societies, 



"Margaret Farina" 



Mr. Bruce Heath, BA, MSW, 

Supervisor, 

Ministry of Community and Social Services. 



unsigned 



Mr. Arne Petersen, BA, MSW, 

Director of Resources, 

Family and Children's Services of London and 

Middlesex. 



"Arne Petersen" 



1742 



SCHEDULE 2-H 



Reasons for Judgement 

His Honour Judge Q.L. Nighswander 

Delivered February 25^ 1976 



Judge : 

Now first, the evidence that was accepted into the 
record from the charge against Mr. Popen under 
Section 41 of the Child Welfare Act as now a part of 
the evidence in this case as accepted by all parties 
and provided for under Section 40-3 of the Act, is 
that the child Kim Popen received severe injuries, 
some of these injuries as a result of Mr. Popen's 
responsibilities, and on his own admission, occurred 
while he was under the influence of alcohol. I have 
had the evidence of Dr. Singh and the hospital 
records which corroborate his evidence, that this 
child was examined and admitted to the St. Joseph's 
Hospital on the 22nd of March, 1975, and at that time 
the child had a fracture of the left arm. Dr. Singh 
stated that the mother's explanation of this fracture 
that the child had been injured while being dressed 
was not consistent with any such injury that he had 
observed as a paediatrician (sic). That was his 
evidence, that that was not an explanation that was 
acceptable to him. Then a further admission on the 
31st of August where the child, on the evidence of 
Dr. Singh and the admitting nurse and the nurse on 
the ward where the child was, that this child was 
found to have a new fracture on the left arm, 
bruising on the left and right arm, bruising on the 
knees, a cut on the lip and bruising on the cheek, 
and Exhibits 1 and 2 illustrate some of these bruises 
and injuries. The bruising on the upper arms of the 
child was bruising that was around on both sides of 
the arm, and the explanation that this could have 
been caused by a fall is an explanation that seems 
physically impossible, for a person to be bruised on 
both sides of two arms. Dr. Singh stated than an 
explanation that was given to him was that the baby 
fell from the crib; he stated that babies can't pull 
themselves up at that age, and are not indeed to the 
point of walking or crawling out of a crib. Now, we 
have the mother's evidence that she took the child to 



1743 



the hospital when she observed this. She observed 
her husband while he was drinking, having ahold (sic) 
of the child; that the child fell from the crib since 
she was sitting on some kind of a rocker or some 
other kind of sitter in the crib, and fell out 
because the edge of the crib was down, and she found 
the child under the bed. Now, this could happen. 
There is no question about this. This could happen, 
but it certainly could not physically possibly cause 
all the injuries to the child. It could have caused 
one or two of the bruises, but it would not seem 
possible for a child to have bruises on both sides of 
its arms and its knees and two ankles and a cut lip 
from one fall. I am satisfied that the injuries to 
this child were caused - many of them at least - by 
mishandling by the people in whose charge the child 
was. Mr. Popen, the father, has admitted that some 
of this could have been caused by himself, and he 
pled guilty to a charge that accused him of this. 
The mother in her evidence has suggested that she did 
see her husband while drinking, holding the child. I 
can appreciate the mother and her difficulties in 
giving evidence against her husband when in fact this 
is what she would be doing, but we are dealing here 
with care of a child. I find that this child is in 
need of protection in accordance with Section 
20( 1) (b) (iii) of the Child V7elfare Act; that this 
child's date of birth is the 11th of January, 1975; 
that the place where the child was taken into 
protection is the City of Sarnia and the religion of 
the child is Roman Catholic. Now, it is clear on the 
evidence that we have parents who have demonstrated 
that they are interested in their child. They have 
come to visit, and the description of their visits is 
not inconsistent with parents that were interested in 
their child; and it is also noted that it was the 
mother of the child that initiated medical care when 
the child needed it. However, loving and being 
interested in a child is not enough for any child. A 
child, to survive in this world, needs other kinds of 
care, and I am quite satisifed that this child 
received a number of injuries as a result of brutal 
handling on the part of the father. Maybe he didn't 
intend to harm the child, but that does not do 
anything for the child when the child receives 
injuries. For a child two months of age to have a 
broken arm from being dressed, I accept the evidence 
of Dr. Singh that this is completely inconsistent 
with any injury that could be sustained while a child 



1744 



is being dressed. Certainly a child probably could 
have strained muscles and so forth, but a fracture of 
an arm for a two-months child is consistent with very 
improper handling, as with the other bruises. Now, 
the Children's Aid Society today has suggested two 
months Society Wardship, and this is agreeable to the 
parents, but I am not satisfied that this is a 
sufficient length of time to be sure that proper 
steps have been taken to make this home safe for the 
child. The father has suggested and admitted that he 
has an alcohol problem and that this is the cause of 
all this trouble. If this is so, then before this 
child can be safe near this man, we have to have 
clear-cut evidence that this man has done something 
very concrete about his problem. If it is severe 
enough to cause this child this injury, then it is 
not going to be corrected overnight. Some time is 
necessary. On the other hand, I believe that these 
parents have a sincere interest in their baby, 
although they have demonstrated an unusual way, to 
date, in expressing it. I am, therefore, going to 
make an order today for Society Wardship for a period 
of six months. I am aware that the child has been in 
care for a length of time, but at the same time we 
have no evidence before us of what Mr. Popen has 
done, if anything, about his alcohol problem, and I 
am definitely going to note that he must give 
evidence that he has done something and that it is 
succeeding, before the Court will permit the child to 
return to its parents. This does not necessarily 
mean that the child will not be with its parents for 
a further six months, but simply means the Children's 
Aid Society have control for that period of time. I, 
therefore, am committing the child to the care and 
custody of the Children's Aid Society, City of 
Sarnia, County of Lambton, for a period of six months 
dating from today. 



1745 



SCHEDULE 2-1 
THE LAMBTON HEALTH UNIT 

To ; Nursing Department Date: June 16, 1978 
From ; Dr. Lucy M.C. Duncan 

PROCEDURE RE CHILD ABUSE RECORDS 



Please observe the following procedures in the 
interest of accuracy and confidentiality. 

1. When child abuse or neglect is reported to us or 
suspected by our staff a family folder is to be 
set up at once. 

2. Staff are to make a written record on a NCR memo 
of conversations, including telephone call, 
regarding the child. 

- one copy is for the family folder 

- one copy is to be given to Dr. Duncan 
for her Child Abuse Case File 

- one copy is to be retained by the nurse 
assigned to visit the case. 

3. Nurse's Report of Examination of Child (Form N#7) 
is to be filed in Family File in Front Office, 
and a copy of Examination Report is to be given 
to Mrs. Harrison to take to Children's Aid 
Society. 

4. Record on family file date case transferred to 
Children's Aid Society. 

5. The nursing family record and the separate family 
folder are to be kept for ten years. 

6. These confidential reports may only be disclosed 
with Dr. Duncan's permission. 

Lucy M.C. Duncan. 

1746 



THE LAMBTON HEALTH UNIT 



GUIDELINES 



Re: CHILD ABUSE CASES 



C.A.S. DR. DUNCAN HOSPITAL CHILD 

I ABUSE COMMITTEE 



MRS. CAROL HARRISON 



DISTRICT PUBLIC HEALTH NURSE 



Referrals to The Lambton Health Unit come 
from concerned citizens, the schools, social 
agencies, the police, doctors, and the Hospital Child 
Abuse Committee. 

Dr. Duncan is the Health Unit representa- 
tive on the Hospital Child Abuse Team. 

Mrs. Carol Harrison is Liaison Nurse 
between the Children's Aid Society and The Lambton 
Health Unit. 

In Dr. Duncan's absence a delegate (Mrs. 
Harrison or Mrs. Dent) attends the Hospital Child 
Abuse Committee Meeting. 

Dr. Duncan will copy the Hospital Child 
Abuse Committee Minutes to give to Mrs. Lefebvre so 
she may notify the Public Health Nurses who have 
suspected cases of abuse in their district. The 
Minutes then pass to Mrs. Harrison. 

Letters to the Children's Aid Society are 
to be signed by Dr. Duncan and a copy given to Mrs. 
Harrison. 



1747 



Referrals to The Lambton Health Unit and to 
Mrs. Harrison from the Children's Aid Society must be 
confirmed in writing (NCR acceptable) and replies 
from The Lambton Health Unit to the Children's Aid 
Society will be in writing. 



LD/cc - April 13, 1978 



1748 



THE LAMBTON HEALTH UNIT 



CHILD HEALTH PROGRAMME 



NURSE'S REPORT DATE OF VISIT_ 

REQUEST FROM: Hospital Family Doctor Police 

Family Court C.A.S. School 

CHILD'S NAME Date of Birth 

ADDRESS 



PARENT OR GUARDIAN Telephone No. 

FAMILY PHYSICIAN 



INSTRUCTIONS TO VISITING NURSE 

1) Request child be undressed. 

2) If a bruise, burn of other injury is present, the nurse 
is to state site and size of lesion on this report. 

3) If child abuse or neglect is suspected, the nurse is to 
notify Dr. Duncan (or Nursing Director) immediately. 



CLOTHING 

EMOTIONAL STATE 
NUTRITION 



SKIN CONDITION 

HEAD 

NECK 

CHEST 

ABDOMEN 

GENITALIA 

BACK 

BUTTOCKS 

ARMS 

HANDS 

LEGS 

FEET 



COMMENTS OR EXPLANATION GIVEN 



HEALTH COUNSELLING GIVEN 



NURSE'S SIGNATURE 



REFERRAL TO: C.A.S. Hospital Child Abuse Team 



LD/CC 
May 2 5.7i 



1749 



LIAISON WITH CHILDREN'S AID SOCIETY 

Objectives : 

- To improve communication. 

- To establish regular meetings with C.A.S. 
in order to make appropriate referrals. 

- To participate in inter-agency 
conferences. 

- To avoid over-lapping of services. 

- To interpret the role and functions of 
C.A.S. and P.H.N. 

- To consider and evaluate the variables 
which may influence the health status and 
social well-being of the child. 

- To enhance the effectiveness of the 
delivery of services. 

- To consider the factors that influence 
the development and implementation of a 
plan of action. 

- To encourage attitudes and actions which 
facilitate the prevention of disease and 
will promote the optimum health of the 
child. 

- It must be noted that the P.H.N. 's are 
guests in the homes they visit. The 
clients can refuse them entry, except 
where there is a Court Order. 

- When a P.H.N, suspects child abuse, she 
must notify C.A.S. and Dr. Duncan/or Mrs. 
Lef ebvre . 



LD/cc 

June 16, 197 



1750 



SCHEDULE 2-J 



CHAPTER 8 



LEGISLATION AND THE CENTRAL REGISTER 



"One of the greatest delusions of this 
world is the hope that the evils of this 
world can be cured by legislation." 

The Central Register of Child Abuse, the 
hub of all legislation in this area, has been in 
operation since 1966. It is maintained by the Child 
Welfare Branch and is Ontario's first systematic 
documentation of child abuse. In the first four 
years of its operation, over 1,600 cases were 
reported. In about 4 per cent of the cases, the 
abuse was repeated. Charges were laid in 172 cases, 
and these resulted in 49 convictions. 

The availability of such statistical infor- 
mation seems sufficient justification for the 
Register's continued existence. However, in the 
course of our study, it became evident that for 
statistical purposes alone the Central Register is of 
limited value. The reasons for this will be dis- 
cussed below. It also became obvious from our in- 
quiries that the information contained in the 
Register is rarely used by the local Children's Aid 
Societies. Since it is inadequate for research 
purposes, and apparently ineffective for service, 
should the Central Register be continued? Some 
comments on the past and future of Child Abuse 
Legislation, and a review of the research findings, 
provide our answer to this question. 



CHILD-ABUSE LEGISLATION 

The Child Welfare Act (Ontario) 1965 
states: 

Sec. 41(1) Every person having information of the 
neglect, abandonment, desertion or 
physical ill-treatment of a child shall 



1751 



report the situation to a Children's Aid 
Society or Crown Attorney. 

(2) Subsection 1 applies notwithstanding 

that the information is confidential or 
priviledged and no action shall be 
instituted against the informant unless 
the giving of the information is done 
maliciously or without reasonable or 
probable cause. 

Physicians are not specifically mentioned 
in Section 41, and there is no penalty for failure or 
refusal to report cases of abuse. 

The term "physical ill-treatment" can be 
widely interpreted and is not defined in this 
section. However, Section 19, dealing with 
Protection and the Care of Neglected Children, does 
appear to cover physical abuse. 

"Child in need of protection" means: 
Section 19 (xii) - A child whose life, 
health or morals may be endangered by the 
conduct of the person in whose charge he 
is." 

The Canadian Criminal Code, Section 197, 
could also be used to presecute parents (or anyone in 
loco parentis ) for failing to provide the necessities 
of life for any child under the age of sixteen. 
Other sections of the Criminal Code make it a 
criminal offence to assault or cause bodily harm to 
any person. 



REPORTING IN PRACTICE 

We found widespread differences between 
local Children's Aid Societies in the kinds of cases 
they reported to the Central Register. Variations in 
the use of the Register may be partly explained by 
the different criteria of child abuse. Metro Toronto 
C.A.S., for example^ rarely if ever reported cases of 
sexual assault or severe over-disciplining. Ottawa 
C.A.S. reported all such cases. The Director of 
another C.A.S. explained that cases were only report- 
ed by his agency after a physician's examination had 
confirmed that the child's injury was the result of 



1752 



deliberate abuse. These are only a few instances of 
how the Register is used by different societies. 

There is need of a generally accepted defi- 
nition of child abuse so all such instances can be 
reported in a standarized way. There is also need 
of a time-limit for the reporting of cases. Some 
agencies report cases immediately, others delay 
several weeks. Even in the recording of data, the 
margin for error is too large. There is not even a 
standard way of writing dates, so an event occurring 
on October 6th, 1969, may be annotated as 10.6.69 and 
then recorded as occuring on June 10, 1976, - a 
trifling matter perhaps? A serious source of error 
in duly reported cases was the failure of some 
Societies to provide all the information required of 
them. This accounts for gaps in some tables on such 
crucial points as age and sex of child, who reported 
the case, and so on. If more care was taken in 
accurately reporting cases in the past, the value of 
the Central Register's data would be correspondingly 
higher today. 



CROWN ATTORNEYS 

The Child Welfare Act, Section 41, provides 
an option to those reporting child abuse. Cases may 
be reported either to a Children's Aid Society or to 
a Crown Attorney. The C.A.S. involvement has already 
been described. What is the role of the Crown 
Attorney? 

Through the office of the Director of 
Public Prosecutions Crown Attorneys were asked to 
provide information on the number of cases of child 
abuse reported to them in 1970. Ten positive replies 
were received, yielding 30 cases in all. The next 
step, to collect more detailed information on these 
30 cases, was - to say the least - unrewarding. Only 
one of the Crown Attorneys consulted could assist us. 
Incredible though it may seem, we were repeatedly 
informed that no records of reported cases of child 
abuse were kept on hand. The C.A.S. involved 
appeared to have no knowledge of the Crown cases, 
and, as far as can be ascertained, the Crown 
Attorneys did not report the cases to the Central 
Register. This unfortunate gap in reporting needs to 
be closed. Crown Attorneys should report all cases 



1753 



of child abuse brought to their attention to the 
C.A.S. and to the Central Register. If these cases 
are reported to the C.A.S. , they may be followed up; 
if they are reported to the Central Register, there 
will be centralized listing of all reported abuse 
cases available to social workers and authorized 
researchers. 



THE SUPERVISING CORONER'S OFFICE 

The Crown Attorneys do not as a matter of 
course report cases of abuse to the Central Register. 
Do the Coroners in Ontario report the battered child 
deaths that are known to them? By courtesy of the 
Ontario Supervising Coroner, the records of 46 
suspected or confirmed cases of abuse leading to 
death, which occurred between January 1965 and May 
1971, were made available to us for study. Only nine 
of the 46 cases were reported to the Register. This 
is a most serious omission. In at least 18 of the 46 
cases, young brothers and sisters were also at risk. 

Two cases, neither of them reported to the 
Register, demonstrate the problem. 

(1) The mother was pregnant at the time of her 
chld's (sic) death. She had two other 
children, one of whom was reported to have 
a black eye and a bruised back. 

(2) The father was jailed for assaulting and 
killing his seven-week-old baby. A year 
earlier, he was given a suspended sentence 
for mistreating another child who 
subsequently died of pneumonia. 

In conclusion, the following points must be 
made about the Central Register: 

1. Not all cases of child abuse are being 
reported by the responsible agencies. 

2. When cases are reported, the data are 
frequently incomplete. 

3. The fact that the staff of the C.A.S. makes 
only sporadic use of the Register suggests 



1754 



that the staff places little confidence in 
its value. 

4. If the Register is to serve a useful 
function, guidelines defining child abuse 
will have to be issued to all reporting 
agencies. 

5. In the future the staff of the Child 
Welfare Branch must take a more zealous 
approach to matters of documentation to 
improve the quality of the Register. 

6. Child abuse is coming to be regarded as a 
gross symptom of family distress, rather 
than a serious result of an individual's 
pathological condition, so the Register 
itself should be reorganized to reflect 
this. In the future, emphasis should be 
placed on information relating to family 
function and dysfunction instead of on the 
isolated abusive episode. 



DO WE NEED A CHIILD (sic) ABUSE REGISTER? 

"The need to discover and identify child 
victims of abuse is the compelling reason for 
devising a case-finding tool such as the reporting 
law." Thus does the American Humane Association's 
publication, "Child Abuse Legislation in the 1970 's" 
stress the need for a Central Register. But the 
Association's publication provides little evidence 
that the Registers are being used for the purposes 
for which they were originally designed (9). 

Those who defend the Register stress the 
fact that the Register records each instance of abuse 
to a child. To avoid detection abusive parents often 
take their children to a different hospital or doctor 
when medical attention is required. The Central 
Register should alert the responsible authority of 
repeated abuse. In actual practice, the Register is 
rarely used for this purpose. Indeed, doctors not 
only fail to report: cases to the Register, they 
hardly seem to be aware of its existence. 

The reluctance of physicians to use the 
Register is well known. Some are anxious to protect 



1755 



the parent from what they regard as the punitive 
intervention of the C.A.S.; others want to avoid 
court proceedings. Legally the physician must report 
all instances of abuse to the Register, so this issue 
would be sharpened if and when a penalty for failing 
to report were introduced (10). 

Mandatory reporting has already been pro- 
posed by Mary Van Stolk, who recommended a fine of 
$500 or three months of imprisonment or both for 
erring physicians. Subsequently, she has increased 
the recommended fine to $1,000. But legislators are 
unlikely to adopt such a proposal. In addition, the 
knowledge that physicians face fines and penalties 
might deter parents from securing the necessary 
medical attention for their injured offspring. 



1756 



SCHEDULE 2-K 



Extracts from The Police Act 
R.S.O. 1970, Chapter 351 



PART VI 
GENERAL 

Constables 54. Every chief of police, other 

empowered police officer and constable, except 

to act a special constable or a by-law 

throughout enforcement officer, has authority to 

Ontario act as a constable throughout 

Ontario. R.S.O. 1960, c.298, s.46; 

1966, C.118, s.14. 

Duties and 55. The members of police forces 

powers of appointed under Part II, except 

members of assistants and civilian employees, 

police forces are charged with the duty of preserv- 
ing the peace, preventing robberies 
and other crimes and offences, 
including offences against the by- 
laws of the municipality, and appre- 
hending offenders, and laying infor- 
mations before the proper tribunal, 
and prosecuting and aiding in the 
prosecuting of offenders, and have 
generally all the powers and 
privileges and are liable to all the 
duties and responsibilities that 
belong to constables. R.S.O. 1960, 
c.298, s.47; 1966, c.118, s.l5 



1757 



SCHEDULE 2-L 



CHILDREN'S AID SOCIETY, SARNIA 
POLICIES FOR CHILD CARE SERVICES 



1. These services are for children whom the Society 
has taken into its care, either with the 
parents' consent and approval, or by appre- 
hension as provided in Section 20 (Child Welfare 
Act, 1965):- 

"A constable or other police officer, the 
Director, a local director or a person 
authorized by the Director or by a local 
director may take without warrant to a place 
of safety any child apparently in need of 
protection and detain the child there until 
the child can be brought before a judge, or 
he may apply to a judge for an order 
requiring the person in whose charge the 
child is to produce the child before a judge 
at the time and place named in the order." 

2. These services include suitable planning for the 
children in the care of Society, placement and 
supervision of children in foster homes or any 
other suitable facilities approved by the 
Society, Adoption is included in a separate 
section, 

3, The Society shall be responsible for providing 
for the total development of the child, such as 
a good parent would. 

4, In order to fulfill this responsibility the 
Society shall work in co-operation with foster 
parents, staff of institutions and all other 
community resources in the best interests of the 
child , 

ADMISSION TO CARE 

The needs of the child shall be the principal 
cr iter ion ( s ic ) for the decision whether to 
remove him from his parents and provide another 
type of care. 



1758 



The Society shall supervise wards of other 
Societies placed in this area when requested by 
the parent Society or by the Child Welfare 
Branch. 

PLANS FOR CHILD 

The Society endorses the plan to work with a 
child's parent(s) where practicable, with the 
object of re-establishing the home for the 
child. 

For Crown Wards, the Society shall, wherever 
possible and advisable, arrange for adoption and 
if this is not possible or advisable, arrange 
for other satisfactory permanent care. 

The Society shall, to the best of its ability, 
assist the child to prepare adequately for 
leaving Crown guardianship. 

FOSTER HOME FINDING 

(a) Applications to become foster parents shall be 
accepted from people living in the City of 
Sarnia or County of Lambton. 

(b) The Foster Homefinder shall be responsible for 
the Home Studies of applicants. He shall be 
responsible for bringing to the attention of his 
supervisor the areas of need. The Local 
Director shall keep the Board of Directors 
informed of the situation relative to this area 
of work and the Board of Directors, Local 
Director and staff will study the situation with 
a view to implementation of plans to meet the 
needs . 

The aim of this department shall be to have ap- 
proved foster homes available for all children. 

(c) The rate of board paid to foster parents shall 
be reviewed yearly by the Child Care Committee 
which shall report their findings to the Board 
of Directors and make recommendations on which 
the Board shall act. 



1759 



SPENDING MONEY 



Spending allowances shall be provided to foster 
parents for the children in their care - the 
amount to be determined by the Board of 
Directors . 



CLOTHING 



The Society shall be financially responsible for 
clothing for the children in its care. The 
foster parents shall be encouraged to dress a 
ward on a comparable standard with their own 
home and community. The Society shall ensure 
that all children in its care are adequately 



clothed. 
MEDICAL CARE 



Each child admitted to care shall have a medical 
examination at the earliest possible time after 
he is taken into care and not later than one 
week after admission, if a doctor's appointment 
can be secured. 

After the initial examination, babies shall be 
seen as often as required by the doctor or in 
case of illness. Older children shall have a 
complete medical examination once a year and 
shall receive such other medical care as is 
required from time to time. 

DENTAL CARE 

All children admitted to care who are three 
years of age and over shall have dental exami- 
nations and care as soon as dental appointments 
can be made. Thereafter yearly examinations and 
necessary care shall be arranged. 

MENTAL HEALTH SERVICES 

Psychological and psychiatric assessments and 
treatment shall be provided for children in 
care, using such consultants and services as are 
available to the community. 



1760 



EDUCATION 

Every ward placed in a foster home or other 
suitable place according to his needs, shall 
receive an education and training in accordance 
with the laws of Ontario and in keeping with his 
intellectual capacity and ability. 

Where a ward is dependent for educational 
purposes after his 18th birthday, The Child 
Welfare Act, 1965, provides for wardships to be 
continued until his 21st birthday. 

The Society shall be financially responsible for 
school supplies not provided by the school. 

RELIGIOUS TRAINING 

Wards shall be given the opportunity to 
participate in the training and activities of 
their religious faith. 



1761 



SCHEDULE 2-M 



CHILDREN'S AID SOCIETY, SARNIA 
POLICIES IN REGARD TO FAMILY SERVICES 



1. Family Services are services to families who 
have problems with which they need help. These 
problems may be related to finances, family 
relationships, child behaviour and environment. 

2. Family Services may be divided into two parts, 
both required by Section 6 (2), The Child 
Welfare Act, 1965:- 

Part 1 (a) Investigating allegations or evi- 
dence that children may be in need 
of protection. 

and 

(b) Protecting children where necessary. 

Part 2 Services for Families. 

Providing guidance, counselling and 
other service to families for protecting 
children or for the prevention of cir- 
cumstances requiring the protection of 
children. 

3 . Families Served 

Families are eligible for the services of the 
Society if:- 

(a) There are children of the union in the home 
under sixteen years of age, or the woman is 
expecting a child of the union. 

(b) The parents are legally married, or are 
living in common-law union, or there is 
only one parent in the home. (If in the 
common-law union, the service requested is 
similar to that given to Unmarried Parents, 
it will be transferred to the category of 
Unmarried Parents). 



1762 



(c) When requested, counselling services will 
be given to previous wards who are single, 
if it is felt the service will be of value 
to the ex-ward. If married they will be 
eligible for service in the same manner as 
any other family. 

4 . Service to Families 

The case worker assigned to the case shall 
provide casework services to the family, which 
will include counselling, using agency resources 
(the Society has donation funds on occasions 
which are not ear- marked) and community 
resources. Where indicated, group counselling 
services shall also be provided. 

Except in cases where the need for protection of 
a child is present, as defined in The Child 
Welfare Act, the family may withdraw from the 
service at any time and the agency may 
discontinue service if the client shows an 
inability to respond to the service. 

5. Standards of Service 

(a) Standards of service are laid down in the 
Regulations of The Child Welfare Act, 1965 
as follows:- 

Section 12 (1) Every children's aid society 

shall record any complaint 
respecting children in need of 
protection within twenty-four 
hours of its receipt. 

(2) Within twenty-one days after a 
complaint is recorded, the 
society shall investigate the 
complaint and record a report 
determining whether or not the 
child is in need of protection 
and, if so, including a 
tentative plan for the welfare 
of the child, and the steps 
taken to implement the plan and, 
where the child is not taken 
into protective care, the case 
shall be reviewed not later than 



1763 



sixty days after the complaint 
was recorded. 

(b) The policy of this Society shall be that an 
immediate investigation shall be made when 
the complaint indicates that the child{ren) 
is/are in immediate need of protection. 
Any other complaint shall be investigated 
within three working days. In cases of 
mutual agreement between the client and the 
worker, the service may be initiated after 
three working days. 

6 . Placement Services 

Placement of a child outside his own home shall 
be undertaken only in circumstances where no 
solution can be found for meeting the needs of 
the child in his own home, and only where it is 
in the best interests of the child. 

7 . Types of Care 

Wardship : Under The Child Welfare Act, 1965, 
where there is apparent evidence of a child 
needing protection under the satutory definition 
of the term, application may be made to the 
Court for a hearing to determine if the child is 
in need of protection. This shall be done 
within five days of apprehension. The Judge may 
make an order returning the child to his 
parents, (this may be with or without Children's 
Aid Society supervision), making the child a 
ward of the Society for up to one year (Society 
Ward), or making the child a ward of the Crown. 
Further orders may be made in regard to a 
Society Ward - such wardship not to extend 
beyond two years. If it extends to two years, 
the child must either be returned to his parents 
or the person to whose charge he was before 
coming into care, or be made a Crown Ward. 

Non-Ward Care ; Non-Ward care may be considered 
for short-term care, e.g. parent in hospital or 
in some cases of children being placed on 
adoption. 



1764 



Services to Parents during Society Wardship 

During the period when a child is a Society 
Ward, a case worker shall offer services to the 
parents to help them establish a home suitable 
for the children to be returned to them. 
Service to the family shall, wherever possible, 
be continued after the children are returned 
home . 

Miscellaneous Services 

Official Guardian Investigations ; These shall 
be carried out at the request of The Official 
Guardian in divorce cases where there are 
children under sixteen years of age, or children 
over sixteen years of age still attending school 
full-time. 

Family Allowance Investigations ; These shall be 
carried out at the request of the Family 
Allowance Division of the Department of Health & 
Welfare. 

u t _o f^_T o w n _E n q u 2^ r £e £ ; When requests for 
service are received from agencies beyond the 
jurisdiction of this Society, this service shall 
be given. 



1765 



SCHEDULE 2-N 



Extracts from The Probation Act 
R.S.O. 1970, Chapter 364 



l.-(l) Such probation officers as are Appointment 
considered necessary for the purpose of of probation 
this Act shall be appointed under The officers 
Public Service Act. R.S.O. 1970, 

C.386 
JURISDICTION 

(2) Every probation officer appointed 
in accordance with subsection 1 is a 
probation officer in and for the 
Province of Ontario and shall perform 
his duties in such part of Ontario as is 
assigned to him from time to time by the 
Minister of Correctional Services 1965, 
c. 103, s.l(l) 

(3) A probation officer shall be Status 
deemed to be an officer of every court 

in the part of Ontario to which he is 
assigned and shall carry out the 
directions of the judges presiding in 
such courts. R.S.O. 1960 ,c . 3 08 , s . 1 { 4 ) ; 
1965,c.l03,s.l(2) , amended. 

2.-(l) It is the duty of a probation Powers and 
officer and he has power with regard to duties 
any person convicted at a sittings of 
the Supreme Court for the trial of 
criminal cases, or at the general 
sessions of the peace, or at the county 
judges' criminal court, or at a 
provincial court in the part of Ontario 
to which he is assigned. 

(a) to procure and report such 
information as to the 
antecendents , family history, 
previous convictions, character 
of employment and other infor- 
mation respecting any person so 



1766 



convicted as the court 
requires ; 

(b) to supervise under the 
direction of the court before 
whom such person was convicted 
the employment, conduct and 
general condition under which 
the person so convicted may be 
placed during the period of 
probation imposed by the 
court ; 

(c) to see that any person so 
convicted reports from time to 
time as the court prescribes, 
and to report to the court if 
the person so convicted is or 
is not carrying out the terms 
on which sentence is suspended, 
and so see that such person, in 
case of default, is brought 
again before the court for 
sentence; 

(d) to see that any person so 
released on suspended sentence 
duly makes restitution and 
reparation; 

(e) to see that any person so 
convicted while on probation 
duly carries out any order of 
the court requiring him to make 
due provision for the support 
of his wife and any other 
dependants for whom he may be 
liable; 

(f) to do all such other things as 
are directed by the court or by 
the regulations made under this 
Act. 

(2) In the performance and exercise of To be 
the powers imposed by or under sub- ex officio 
section 1, a probation officer is ex provincial 
officio a provincial police constable, constable 
R.S.O. 1960, c. 308, s. 3, amended. 



1767 



5.-(l) Where a person is charged with Probation 
having committed an offence against any on certain 
statute of Ontario, the court before conditions 
which such person is brought for trial 
may make such inquiries as it considers 
proper as to the character and 
reputation of the person charged and as 
to whether or not he had been previously 1953-54 
convicted of any offence under the c.51(Can,) 
Criminal Code (Canada) or against a 
statute of Ontario, and if it appears 
that, regard being had to his age, 
character and antecendents , it is ex- 
pedient that he be released on probation 
of good conduct, such court may release 
him under one or more of the following 
directions and conditions: 

1. That such person enters into a recognizance 
recognizance with or without 

sureties to keep the peace and 
to be of good behaviour. 

2. That such person be placed upon probation 
probation for such period and 

under such circumstances as the 
court before which he is brought 
prescribes. 

3. That such person shall report report to 
from time to time during such probation 
period of probation to any officer 
probation officer that the court 
designates. 

4. That such person shall be under supervision 
the supervision and direction of and 

such probation officer during direction 
the period of probation, and 
shall obey and carry out the 
instructions and directions of 
the probation officer. 

5. That such person pay the costs payment of 
of the prosecution or some costs 
portion of the same within such 

period and by such instalments 
as the court before which he is 
brought directs. 



1768 



6. That such person make restitution 
restitution and reparation to 

any person or persons aggrieved 
or injured by the offence 
charged, for any actual damage 
or loss thereby caused. 

7. That such person v/hile on support of 
probation be ordered to provide family 
for the support of his wife and 

any other dependant or depen- 
dants for whom he is liable. 

8. That such person perform and other 
carry out any other direction conditions 
and condition that the court and 
before which he is brought directions 
prescribes and considers proper 

to impose. 

(2) The court before which such person Place of 
is brought, before directing the release abode of 
or discharge of any such person, shall person 

be satisfied that such person or his charged to 
surety has a fixed place of residence or be in 
regular occupation in the county or jurisdiction 
place for which the court acts, or in 
which such person is likely to live 
during the period named for the 
observance of the conditions. 

(3) If any court having power to deal Failure to 
with such person in respect of the carry out 
charge against him, or if any court is conditions 
satisfied by information on oath that 

such person has failed to observe any of 
the conditions of his recognizance, or 
has failed to observe and perform any 
direction or condition made in reference 
to probation or otherwise, a new 
information may be issued against such 
person for the original offence charged, 
and in addition an information may also 
be issued against such person for a 
breach of any of the directions and 
conditions so imposed. 



1769 



(4) Upon summary conviction of a breach Penalty 
of any of the directions and conditions 
so made, such person, in addition to any 
penalty that may be imposed for the 
original offence, is liable to a fine of 
not more than $50. R.S.O. 
1960,c. 308 ,s . 6, amended. 



1770 



SCHEDULE 2-0 

INV. 75-287-i 
The Sarnia Police Force 

INVESTIGATION REPORT 

Date: June 16, 1975 

Time: 2:30 p.m. 

Officer: S/Sgt. Allan 

Name of Complainant: Dr. Jumean 

Address: 145 Wellington Street 

Phone: 337-3729 

Complaint : Battered Child 

Details : 

1. At the above time and date, Dr. Jumean called the 
Morality Office to report a battered child. He 
stated that a person, who wished to remain anony- 
mous, brought a Kim Popen, DOB: January 11, 1975, 
father. Annals Popen, mother, Jennifer Popen, 
into his office this date. Dr. Jumean stated 
that approximately 6 weeks ago, this child was 
hospitalized with a broken arm. At that time the 
mother stated that the child fell. Approximately 
3 weeks ago, the child was treated for a respira- 
tory ailment and at that time the doctor observed 
it had a black eye. At this time the child was 
brought to his office and it had a cut lip and 
severe bruises over the face, neck and buttocks. 

2. Heresay(sic) information received by the doctor 
was to the effect that the father comes home 
drunk and beats up the mother who in turn beats 
up the child for retaliation. 

JRA 

3. The Popen's address is 240 Devine Street, Sarnia. 

4. On June 17, 1975 at 10:20 a.m., P.C. Gander went 
to the Children's Aid Society and talked to a 
Mrs. Dick and explained to her that we wanted 
their assistance in picking up the Popen girl. 
She agreed we should and sent with me a Sandy 
Saul who works for the Children's Aid and a Win 
Hoad who works as a case agent. 



1771 



5. On June 17, 1975 at 10:45 a.m. we went to 240 
Devine St. and learned that the Popen's (sic) no 
longer live there, 

6. A check with Dr. Jumean revealed that the baby is 
at 548 Devine St., at a sister-in-law's. 

7. At 11:10 a.m., this date, the two lady's (sic) 
and P.C. Gander talked to a Mrs. Cecil Popen of 
548 Devine St. We also saw the baby girl, Kim 
Ann Marie Popen, and we could not see the marks 
that were supposed to be on her face and neck and 
buttocks. The baby was well cared for and was 
very quiet while we were there. 

8. At 11:30 a.m., this date, the baby's mother, 
Jennifer Popen, and father. Annals Popen of 263 
S. Brock St., phone 344-3584, came into the 
sister-in-law's house. Sandy Saul talked to the 
mother and calmed her down, assuring her that if 
she wanted to keep the baby she would have to 
take care of it properly or she would make sure 
she got the baby from her - to protect her. Mr. 
Popen stated that all the injuries that have been 
stated are not out of neglect, that it was an 
accident. Sandy Saul felt in her own mind that 
the baby appeared to be well taken care of and 
that it would be better to leave things as they 
were for now. She told Jennifer that she would 
come around and see her next week and help her. 
Jennifer is only 18 years old and doesn't seem to 
be a motherly type. 

9. Sandy Saul will contact us next week and let us 
know what the reaction and response is of Mrs. 
Jennifer Popen. 

CJG 

10. On July 2, 1975 at approx. 10:00 a.m., after 
checking with Mrs. Sandy Saul at the Children's 
Aid Society, it was learned that it had been 
turned over to another worker, a Harold Carter. 
The reason was that it was going to take a lot of 
time to help Mrs. Popen and her emotional 
problems. 

11. On August 31, 1975 at 3:10 p.m., Mrs. Betty 
Hewitt, nurse in the Children's Ward of St. 



1772 



Joseph's Hospital, notified the Sarnia Police 
Dept. of a battered child that had been admitted 
to the ward. 

12. Upon my arrival to St. Joseph's, I was met by 
P.C. Kennedy and Mrs. Hewitt. She informed me 
that the child was Kim Anne Marie Popen, DOB: 
Jan. 11/75. Kim Popen had been admitted to St. 
Joseph's at 1:25 a.m., August 31, 1975. 

13. Upon speaking with the two doctors that examined 
the child. Dr. Thorp, 322 Wellington St. and Dr. 
Singh, Sarnia Medical Arts Bldg., they both felt 
that the child had been misused or battered. 

14. P.C. Turner was notified and pictures of the 
child were taken. 

15. P.C. Wyville looked at the child and could see 
that both elbows were bruised and swollen, both 
ankles were badly bruised, the left check was 
bruised and the left side of her upper lip was 
cut and swollen. 

16. At 4:00 p.m., P.C. Wyville spoke with the child's 
mother, Jennifer Angelle (sic) Popen, DOB: Sept. 
7, 1957, 287 Devine St., at St. Joseph's 
Hospital. Mrs. Popen stated that Kim had fallen 
out of the crib on August 29, 1975 and again on 
August 30, 1975. She also stated that Kim was in 
the hospital on March 22, 1975 with a broken arm. 
This had occurred when she had fallen out of the 
walker. 

17. P.C. Wyville notified the Children's Aid from St. 
Joseph's Hospital. Mrs. Dick from the Children's 
Aid came to the hospital and spoke with Mr. and 
Mrs. Popen and P.C. Wyville. The child was 
signed over to the Children's Aid at this time. 

18. Mr. and Mrs. Popen were advised by P.C. Wyville 
that an investigation would be held and possible 
charges laid. 

BAW 



1773 



SCHEDULE 2-P 

The Child Welfare Act, 1978 Extracts 
Ontario Regulation 389/79 Extracts 
Ontario Regulation 388/79 Extracts 



Interpre- 47. -(1) For the purposes of this 
tation section and sections 49, 50, 51 and 52, 
"abuse" means a condition of, 

(a) physical harm; 

(b) malnutrition or mental ill-health of 
a degree that if not immediately 
remedied could seriously impair 
growth and development or result in 
permanent injury or death; or 

(c) sexual molestation. 

Desertion, (2) No person having the care, custody, 
abuse, control or charge of a child shall abandon 
etc., of or desert the child or inflict abuse upon 
child the child or permit the child to suffer 
abuse. 

Further (3) A court may, in connection with any 

proceed- case arising under subsection (2), hold a 

ings as hearing in respect of any child concerned 

to child and may proceed as though the child had 

been brought before the court as a child 

apparently in need of protection. 1978, 

c. 85, s. 47 . 

Leaving 48. -(2) No person having the care, 

child custody, control or charge of a child 

shall leave the child without making 
reasonable provision, in the circum- 
stances, for the supervision, care of 
safety of the child. 

Further (2) A court may in connection with any 

proceed- case arising under subsection (1) hold a 
ings as hearing in respect of any child concerned 

to child and may proceed as though the child had 
been brought before the court as a child 
apparently in need of protection. 



1774 



Onus (3) Where a person is charged with 

contravening subsection (1), the onus of 
establishing that reasonable provision was 
made in the circumstances for the super- 
vision, care or safety of the child where 
the child is under the age of ten, rests 
with the person charged. 1978, c.85, 
S.48. 

Reporting 49. -(1) Every person who has infor- 
abuse mation of the abandonment, desertion or 
of child need for protection of a child or the in- 
fliction of abuse upon a child shall 
forthwith report the information to a 
society. 

Duty of (2) Notwithstanding the provisions of 

profes- any other Act, every person who has 

sional reasonable grounds to suspect in the 

to report course of the person's professional or 

official duties that a child has suffered 

or is suffering from abuse that may have 

been caused or permitted by a person who 

has or has had charge of the child shall 

forthwith report the suspected abuse to a 

society. 

Privilege (3) This section applies notwithstanding 
abolished that the information reported is confi- 
dential or privileged and no action for 
making the report shall be instituted 
against any person who reports the infor- 
mation to a society in accordance with 
subsection (1) or (2) unless the giving of 
the information is done maliciously or 
without reasonable grounds to suspect that 
the information is true. 

Solicitor (4) Nothing in this section shall abro- 
and client gate any privilege that may exist between 
privilege a solicitor and the solicitor's client. 
1978, c.85, S.49. 



Inter- 52. -(1) In this section, 

pretation 

(a) "Director" means an employee of the 
Ministry appointed by the Minister 
for the purposes of this section; 



1775 



(b) "registered person" means a person 
named in or otherwise identifiable 
from the register established under 
subsection (3), but does not include 
the person or persons making the 
report to a society pursuant to 
subsection 49 (1) or (2) who are not 
themselves the subject of the 
report. 

Society (2) Every society that receives infor- 

to report mation under section 49 concerning the 

infor- abuse of a child, including a child in the 

mation care of a society, shall forthwith, after 

concerning the information is verified in the manner 

abuse determined by the Director, report the 

information to the Director in the 

prescribed form, and no action or other 

proceeding for damages shall be instituted 

against any officer or employee of a 

society for any act done in good faith in 

the execution or intended execution of any 

duty imposed on the society under this 

subsection or for any alleged neglect or 

default in good faith of such duty. 

Register (3) The Director shall maintain a 

register in the manner prescribed by the 
regulations for the purpose of recording 
information received by societies under 
section 49 concerning the abuse of 
children, but the register shall not 
contain any information that has the 
effect of identifying the person or 
persons making the report to a society 
pursuant to subsection 49 (1) or (2) 
unless such person or persons are 
themselves the subject of the report. 

Information (4) Subject to subsections (5) to (10) 
confi- and notwithstanding the provisions of any 

dential other Act, no person shall inspect, 

remove, disclose, transmit or alter or 
permit the inspection, removal, 
disclosure, transmission or alteration of 
information maintained in the register 
established under subsection (3). 



1776 



Exceptions (5) A coroner, a legally qualified 

medical practitioner or police officer 

authorized in writing and directed by a 

coroner for the purposes of an investi- 

R.S.O. gation or inquest under the Coroners Act 

1980, and the Official Guardian or a person duly 

C.93 authorized as the agent of the Official 

Guardian may inspect or remove the 

information maintained in the register 

established under subsection (3) and may 

disclose or transmit that information only 

in accordance with the authority vested in 

the person and in the case of the Official 

Guardian or his duly authorized agent only 

for the purposes of section 51. 

Idem (6) The Director and the following 
persons with the approval of the Director, 
and subject to such terms and conditions 
as the Director may impose, may inspect or 
remove or permit the inspection or removal 
of the information maintained in the 
register and may disclose or transmit or 
permit the disclosure or transmission of 
that information to any person referred to 
in subsection (5) or to any other person 
referred to in this subsection: 

1. A person who is on the staff of, 

i, the Ministry, 

ii. a society, or 

iii. a child protection agency 
recognized by a jurisdiction 
outside Ontario. 

2. A person who is or may be providing 
services or treatment to a registered 
person. 

Idem (7) A person who has the written ap- 

proval of the Director and who is engaged 
in bona fide research may inspect the 
information referred to in subsection (4) 
but shall not use or communicate the 
information for a purpose other than 
research, academic pursuits or the 



1777 



compilation of statistical data and shall 
not communicate any information that has 
the effect of identifying any person named 
in the register. 

Idem (8) A registered person or the 

registered person's agent may inspect the 
information maintained in the register, 
but shall not inspect information that 
refers to persons other than the 
registered person. 

Idem (9) A legally qualified medical 

practitioner who is approved by the 
Director may inspect information referred 
to in subsection (4) that is approved by 
the Director. 

Idem (10) The Director or a person approved 

by the Director who is on the staff of the 
Ministry may expunge a name from the 
register or otherwise amend the register 
pursuant to a decision of the Director or 
as prescribed by the regulations. 

Register (H) The register established under 

in-admis- subsection (3) is inadmissible in evidence 
sible for any purpose in any proceedings, 

except, 

(a) to prove compliance or non-com- 
pliance with any of the provisions 
of this section; 

(b) in an appeal made under subsection 
(19); 

R.S.O. (c) in proceedings under the Coroners 

1980, Act; or 

C.93 

(d) in proceedings referred to in 
section 51. 

Request (13) A person to whom a notice is given 

for a under subsection (12) may request the 

hearing Director to expunge from the register the 

registered person's name referred to in 

the notice or to otherwise amend the 

register. 



1778 



R.S.O. 


1980, 


C.93 


Parties 



Hearing (14) Where the Director receives a re- 

quest under subsection (13), the Director 
shall hold a hearing before deciding to 
refuse the request to expunge the regis- 
tered person's name from the register or 
to refuse the request to otherwise amend 
the register, and the provisions of the 
Statutory Powers Procedure Act apply, with 
necessary modifications, to the hearing. 

(15) A registered person to whom notice 
is given under subsection (12), the 
society that received the information 
concerning the registered person under 
subsection 49 (1) or (2) and such other 
persons as the director may specify are 
parties to the hearing. 

Notice (16) The Director shall cause notice of 

the hearing to be given to the parties to 
the hearing at least ten days before the 
hearing is held. 

Decision (17) Where the Director, after holding a 

of hearing, determines that the information 

Director in the register with respect to a regis- 
tered person should not be in the register 
or that the information is in error, the 
Director shall, subject to subsections 
(19) and (20), cause the registered 
person's name to be expunged from their 
register or otherwise cause the register 
to be amended, as the case may be, and the 
Director may order that a society's 
records be amended to reflect the 
Director's decision. 

Delegation (18) The Director may authorize any 

of other person to hold a hearing required 

authority under subsection (14) and where such 
to hold a person is authorized by the Director to 
hearing hold the hearing, the person shall 

exercise the powers and duties of the 
Director under subsections (14) to (17). 

Appeal (19) Any person who is a party to the 

hearing may appeal the decision made 
pursuant to subsection (17) to the 
Divisional Court. 



1779 



Decision (20) The Divisional Court may affirm the 

of decision appealed from or may rescind the 

Divisional decision and refer the matter back to the 

Court Director or the person authorized by the 

Director under subsection (18), as the 

case may be, to be disposed of in 

accordance with such directions as the 

Divisional Court considered proper under 

this section, and the Director or the 

person authorized by the Director shall 

give effect to any direction given by the 

Divisional Court under this subsection. 

Record of (21) The record of proceedings in any 
proceed- hearing held under subsection (14) or in 
ings at any appeal under subsections (19) and (20) 
hearing is inadmissible in evidence in any other 
inadmis- proceedings for any purpose except pro- 
sible ceedings under clause 94 (1) (c) and 

subclause 94 (l)(f)(iv). 1978, c.85, 

s . 52 . 



1780 



Ontario Regulation 388/79 
Under The Child Welfare Act, 197: 



26. Where the Director who maintains the register 
established under subsection 3 of section 52 of the 
Act receives an inquiry from a society under 
subsection 1 of section 8 of Ontario Regulation 
389/79, the Director shall forthwith notify the 
society whether any person referred to in the 
information received by the society under section 49 
of the Act has been previously identified in the 
register, the date of any such prior identification 
and the society or other agency that reported the 
prior identification. 0. Reg. 388/79. s.26. 

27. -(1) A report by a society to the Director of 
verified information concerning the abuse of a child 
made under subsection 2 of section 52 of the Act 
shall be in Form 6. 

(2) The Director may extend the period of time 
prescribed in subsection 2 of section 8 of Ontario 
Regulation 389/79 where, in the opinion of the 
Director, exceptional circumstances justify the 
extension. 

(3) Where a case concerning the abuse of a child 
has been reported under subsection 2 of section 52 of 
the Act and the case has not been closed by a 
society, any further report on the status of the case 
required under subsection 3 of section 8 of Ontario 
Regulation 389/79 shall be made in Form 7 by the 
society to the Director maintaining the register. 0. 
Reg. 388/79, s.27. 

28. -(1) The information reported to the register 
under subsection 2 of section 52 of the Act shall be 
recorded in the register in Form 8. 

(2) Information in the register established under 
subsection 3 of section 52 of the Act shall be 
maintained in the register for at least twenty-five 
years unless the information has been previously 
expunged or amended pursuant to a decision by the 
Director made under subsection 10 of section 52 of 
the Act. 0. Reg. 388/79, s.28. 



1781 



Ministry of 
Community and 
Social Services 



Form 6 Report to Child Abuse Register 

The Child Welfare Act, 1978 

Please print clearly or type. See reverse side for detailed instructions. 



Identification of Child 



Last Name 

I I I I I I 1—1 L 



First Name(s) 

I I I I I I I I I I I I ' I I I \ L 



Known as (if applicable) 

I I I I I I I I I I I I 



Sex 



D' 



1111 



day month vaar 

: I : I . 



Identification of Alleged Abuser(s) 



Last Name 

1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 


Known as (if applicable) 

fill! 1 1 1 1 1 1 1 1 1 1 1 


First Name(s) 

1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 _1_L_ 


Age 





Mailing Address 



Last Name 

1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 


Known as (if applicable) 

1 1 1 1 1 1 1 1 1 1 1 




First Name(s) 

1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 


Age 







Mailing Address 



Relationship to this child 

Q Father Q Moth, 

If UNRELATED, specify 



Q Sibling □other relativ. [] Unn 



Foster Other 

LJ C L Parent [J Step parent [J Parent [J (describe) 



Indications of Abuse 

n Abrasions D Burns/Scalding LJ Malnutrition 

LJ Bruises LJ Fractures LJ Poisoning 

n Dislocation Q Subdural Haemato-na Q Drug/Alcohol abuse 

LJ Internal in)urie? L] No visible injuries 

Incident 



LD Sexual molestation LI Other (specify) 

LJ Incest 

L3 Mental ill health 



Date of Incident 



day month ye 
I I I I I 



Date not 
□ known 



Previous 
LJ Incident 



day month year 
Date Incident 
reported to C.A.S.| | | | | | 



Place of Incident 

□ Child's I— 1 Other 
home I I (specify) 



Number of children under 16 yrs. 
of age living at home at time of 
incident 



Did Child die? 
□ Ye. □ No 



Previous reported abuse 

of child by this or any 

iheralleoed abuserjs) 



Dves Dno 



If Yes, state jurisdiction 
number of reporting C AS. 



Person(s) with whom Child living at time of incident 



l__l I I 1 I \ I I I I I L 



Known as (if applicable) 

I I I I I 1_1 L_J I I I 1 I I I L 



J l__l l__L 



Maiden Name (if applicable) 

I I i I LJ I I L 



J L_J I L_L 



I I I I I i LJ LJ I I I J I I LJ_ 

First Name(s) 

I I I I I 1 LJ L 

Relationship to Child 

□ Parent □ C L parent □ Step 



Known as (if applicable) 

I I I I I I I I I 1 I I L 



I I I 1 LJ_ 



n^e 



n\ 



Previous C.A.S. involveme nt with Child/Famil y 



Has the CAS. been involved with If yes. ■ is this an open - is this a closed - is this a 

this Child or Family before? , protection case? . protection case? , Foster Child? 



Dves Dno 
Please see reverse side 



□ Yes QNolnYes [7| No | Q Yes Q No 



Reporting Society 



Nanoe of Society 


Jurisdiction No. 


Date 


Namefs) of Caseworker(s) 


Authorized Signature 











2000170 (7/79) 



1782 



Action taken on behalf of the Child 
Medical 



Examined by a Physician 



Examined by a Registered 
Nurse— __, 

LJvm U No 



Child hospitalized 
O Yei □ No 



If YES, for 

I I medical aiMttment 



I I medical treatment 



CAS. 



Present status 
. — I Investigation 
1_J proceeding 



— — Continue 
I I tupervlslc 



— - Other 
U (ipeclfy) 



Child's present whereabouts 
□ Home n Hofpltel 



Dm, 



Other 
D (ipeclfyl 



If HOME, is alleged abuser 
still present? 

□ Yet Q No 



If NOT AT HOME, was Child 
apprehended? 



D' 



Dno 



If ELSEWHERE, was Child 
placed by parentis!? 

D Y- D No 



Other children taken 
INTO CARE? 



[Jy 



Qno 



If YES, number 



Court proceedings 



Charges laid against alleged Abuser(s) 
D Yes CD No U Pendini 



n Criminal Code CD The Child Welfere Act , 1 978 



If YES, specify charges 



Status of case Application for 
I protection made 
Care by 
I 1 agreement* | | 



If YES. daw 

day month Y99r 



I On adiour 

a-°l I I I I I la—- 



Appilcatio 
(_J dismissed 



□ super 



Society 
LJ Wardship 



Crown 
(~| Wardship 



•Child in care and custody of Iname) 



Referred to 

□ Another CAS. In Ontario 
(speclf^Socletys Jurisdiction No ) 



(»ec 



This form is to be filed with the Register witf^in 14 days after 
the Children's Aid Society has verified the information of 
suspected abuse. Each section is to be completed, unless the 
information is unavailable or considered unreliable. 

Any omissions or errors in the initial Report may be addressed 
in the follow-up report (Form 7) (20-00-171I. 



Identification of alleged abuserlsl 

If the chi/d abuse is classified as neglect, this category may be omitted 
unless responsibility for the care of the child is clearly that of one 
individual (e.g., mother at home with child, single parent). 

Identification of alleged abuserfs} may be omitted if the identity of 
the alleged abuser is uncertain. 

Indications of Abuse 

A diagnosis of mental ill health may be made by a qualified social 
worker, preferably in consultation with a registered psychologist or 
psychiatrist. 

Incident 

Date Not Known ■ addresses malnutrition, dehydration, poisoning, etc., 
where a specific date cannot be established. 

Personfs) With Whom Child Living at Time of Incident 

Name of any, Parent substitute ■ refers to the person with whom child 
was residing at the time of the incident. A baby-sitter, if not in constant 
live-in contact with a child, is not a parent substitute. 



Number of Children under 16 years of age living at home st time of 
incident ■ assumes that the children are residing in the same household 
as the alleged abuserlsl. The minimum number inserted here will be 01. 

Previous Reported Abuse ■ includes reports made by another Children's 
Aid Society or by your Society. If another Society has filed a previous 
Report, insert applicable CAS jurisdiction number. 

Previous Reportlsl of Abuse by Alleged Abuser ■ if previous abuse con- 
cerned a child other than the one who is the subject of this Report, 
specify legal name of that child. 

Relationship to this Child - foster parent includes an institutional and/ 
or group home. 

Action Taken on Behalf of the Child 

CAS 

In care ■ means a CAS foster home, including placement by the CAS in 
an institution or group home. 

Other ■ includes a voluntary placement of the child in a substitute home. 

Court Proceedings 

Pending ■ means that a decision has not yet been made to prosecute 
the alleged abuser, or that charges have been laid and the matter is 
awaiting trial. 

Reporting Society 

The Report must t>e signed by the caseworkerfsl who is responsible for 
the case at the date of submission of the Report to the Register 

Jurisdiction numtxr - that number assigned to each CAS on the DA TA 
SHEET USED FOR ABUSE STATISTICS. 



Previous Incident - you may not be able to specify dates of previous 
incidents because of their repetition over a considerable time period 
(e.g., repeated incidents of sexual abuse reported months or years after 
the first incident). In such esses, this category may be omitted. 



20-00-170 (7/79) 



1783 



Ontario Regulation 389/79 
Under The Child Welfare Act, 1978 



8, -(1) Every society that receives information 
under section 49 of the Act concerning the abuse of a 
child shall enquire of the Director who maintains the 
register established under subsection 3 of section 52 
of the Act, within three days after receiving the 
information, to determine whether any person referred 
to in the information has been previously identified 
in the register. 

(2) A report by a society to the Director under 
subsection 2 of section 52 of the Act of verified 
information concerning the abuse of a child shall be 
made within fourteen days after the information is 
verified by the society in the manner determined by 
the Director. 

(3) Where a case concerning the abuse of a child 
has been reported by a society under subsection 2 of 
section 52 of the Act and the case has not been 
closed by a society, a further report made under 
subsection 3 of section 27 of Ontario Regulation 
388/79 by the society to the Director who maintains 
the register established under subsection 3 of 
section 52 of the Act shall be made within four 
months after the making of the original report made 
under subsection 2 of section 52 of the Act and 
subsequent reports of the case to the Director shall 
be made on each anniversary of the original report 
until the case is closed by the Society. 

(4) A case concerning the abuse of a child reported 
to the register by a society under subsection 2 of 
section 52 of the Act shall not be closed by the 
society until the treatment or prevention of the 
abuse is no longer the primary objective of the 
society's involvement with the family or because the 
case has been referred to another society or child 
protection agency recognized by a jurisdiction 
outside of Ontario. 0. Reg. 389/79, s.8. 



1784 



SCHEDULE 2-Q 

INVOLVEMENT OF POLICE OR CROWN ATTORNEY 
Extract from Guidelines for Practice and Procedure 
in Handling Cases of Child Abuse (O.A.C.A.S.) 

Although local situations vary, it is usual that the 
police or the Crown Attorney are notified in the 
following circumstances: 

1. Where a child has died. 

2. Where serious injury has occurred, e.g. loss of 
limb or organ or damage to the head. In general, 
this would include those serious injuries at the 
extreme end of the physical abuse continuum. 

3. Cases of sexual abuse. 

4. Where injuries are perpetrated by non-family 
members, e.g. babysitters, casual boyfriends, 
etc. 

5. Where abuse is non-specific, i.e. where the whole 
family, including all the children and the spouse 
are at risk and protection is required. 

6. Where child abuse is repetitious. 

7. Where the worker may require police protection. 
(Sec. 41) .C.W.A. 

It should be remembered that when the Crown Attorney 
or the police are involved, charges may be laid by 
them, and the social worker may be called upon to 
give evidence. As in other instances, this evidence 
should be factual rather than opinion, and for that 
reason, notes should be taken which can be used in 
court. 

When a situation is referred to the police, the CAS 
continues to remain active and to use this referral 
in the way that court is often used - that is to 
focus the problem and to highlight for the parent the 
severity of the situation. Such involvement by 
authority should make it clear to parents that 
society in general will not tolerate their behaviour. 
The CAS ' s continued involvement should be supportive 



1785 



to the parents and should indicate to them the 
readiness of the society to help them to meet their 
responsibilities. 



1786 



SCHEDULE 2-R 

REPORT ON PERSONS ALLEGEDLY CAUSING PHYSICAL ILL TREATMENT 

OF A CHILD 



Form (1975) 
TO: 

DIRECTOR, 

CHILD WELFARE BRANCH 



FROM: THE CHILDREN'S AID SOCIETY 
OF: 



I. IDENTIFICATION: 

A. ALLEGED OFFENDER 



B. CHILD 



NAME: 



NAME: 



BIRTHDATE/ 
AGE 



ADDRESS: 



RELATIONSHIP TO CHILD 



PHONE 



OTHER IDENTIFYING INFORMATION OR 
EVIDENCE 

OF PREVIOUS OFFENCES 



ADDRESS: 

HAS THE C.A.S. BEEN 

INVOLVED WITH THIS CHILD OR 

FAMILY BEFORE Yes No 

IF YES, IS THIS 

AN ADOPTED CHILD Yes No 

IF YES, WHERE WAS 
ADOPTION COMPLETED: 

THIS SOCIETY 

ANOTHER ONTARIO > 

C.A.S. >specify 
ANOTHER PROVINCE>below 

OTHER > 



II. INCIDENT 

DATE PLACE 



SOURCE OF COMPLAINT 



NATURE OF ALLEGED ILL TREATMENT 



1787 



III. IMMEDIATE ACTION 



WERE THE POLICE INVOLVED: 

X YES NO 

IF YES, WERE THEY NOTIFIED BY; 

X COMPLAINT C.A.S. 

CROWN ATTORNEY 

X OTHER (SOCIETY) 
Sarnia General Hospital 



WERE CHARGES LAID: 

' x_ YES NO 

IF YES, BY WHOM 

Sarnia City Police Dept. 

DATE : Pending 

RESULT 



WAS CHILD: x_ MADE A NON-WARD MADE A SOCIETY WARD 

KEPT UNDER SOCIETY SUPERVISION 

LEFT WITH PARENTS WITH NO SOCIETY SUPERVISION 



WERE ANY OTHER CHILDREN IN THE FAMILY TAKEN INTO CARE 



YES X NO 



OTHER 


ACTION 
born C 


TAKI 
ruly 


CN Application 


for 


Wardshi 


p for 


the 


other chi 


Id 


Karie, 


1976 made 


Augus 


;t 


18 


, 1976, 


adjourned 


to 


Sept. 




20/76. 





IV. SUBSEQUENT ACTION 

DISPOSITION OF CHARGES, IF ANY DROPPED 

WITHDRAWN SENTENCED' 



DISMISSED 



IS THIS CASE STILL ACTIVE WITH THE SOCIETY x_ YES NO 

IF NO, WHEN WAS IT CLOSED 



SUBSEQUENT SOCIETY ACTION Parents have been charged with 
manslaughter. 



COMMENTS : 



PLEASE NOTIFY THE BRANCH OF ANY 
CHANGE IN THE STATUS OF THIS CASE, 
ESPECIALLY CHARGES, IF ADDITIONAL 
SPACE IS REQUIRED, USE THE REVERSE 
SIDE OF THIS FORM. 



" Sept. 27/76" 
DATE OF REPORT 

"William J. Lovatt" 
LOCAL DIRECTOR 



1788 



SCHEDULE 2-S 



REPORT ON PERSONS ALLEGEDLY CAUSING PHYSICAL ILL TREATMENT 

OF A CHILD 
August 30, 1975 



TO: MISS BETTY C. GRAHAM, 
DIRECTOR, 
CHILD WELFARE BRANCH 



FROM: THE CHILDREN'S AID SOCIETY 
OF: the City of Sarnia 
and County of Lambton 



I. IDENTIFICATION: 

A. ALLEGED OFFENDER 

Mr. &/or Mrs. Popen 

NAME: 

Annals Ambrose & Jennifer Angelle(sic) Popen 



B. CHILD 

Kim Anne Marie 

NAME: 



BIRTH DATE/ 

AGE 

Jan. 11/75 



ADDRESS: 

287 Devine Street, Sarnia 

County of Lambton PHONE 

519-336-4487 
RELATIONSHIP TO CHILD 
Natural Parents 

OTHER IDENTIFYING INFORMATION OR 
EVIDENCE 

OF PREVIOUS OFFENCES 

Previous similar complaint June/75 



ADDRESS: 

HAS THE C.A.S. BEEN 
INVOLVED WITH THIS CHILD OR 

FAMILY BEFORE X Yes No 

IF YES, IS THIS 

AN ADOPTED CHILD Yes No 

IF YES, WHERE WAS 
ADOPTION COMPLETED: 

THIS SOCIETY 

ANOTHER ONTARIO > 

C.A.S. >specify 
ANOTHER PROVINCE>below 

OTHER > 



II. INCIDENT 

DATE 

Aug. 30/75 



PLACE 

287 Devine St. Sarnia 



SOURCE OF COMPLAINT 
St. Joseph's Hospital 
(Children's Ward) 



NATURE OF ALLEGED ILL TREATMENT 

Admitted for the third time, with fracture and bruises, August 
31st 1975. Dr's suspect possible battered child syndrome. The 
skin examination revealed slight swelling and bruising of the left 
and right elbow region and slight bruises on the lower end of the 
tibia and femur on both sides of the ankle. There is a slight 
bruise over the left cheek and the left upper lip is slightly 
cracked and bleeding. The measurements of the bruises on the left 
and right elbow are about three to four cms. by six cms. and the 
bruises over the lower part of the tibia and fibula on both sides 
were all around the ankle. 



1789 



III. IMMEDIATE ACTION 

WERE THE POLICE INVOLVED: 

YES NO 

IF YES, WERE THEY NOTIFIED BY: 

COMPLAINT CA.S. 

CROWN ATTORNEY 

OTHER (SOCIETY) 



WERE CHARGES LAID; 

YES NO 

IF YES, BY WHOM 

DATE : Pending 
RESULT 



WAS CHILD: MADE A NON-WARD MADE A SOCIETY WARD 

KEPT UNDER SOCIETY SUPERVISION 

LEFT WITH PARENTS WITH NO SOCIETY SUPERVISION 



WERE ANY OTHER CHILDREN IN THE FAMILY TAKEN INTO CARE: 
OTHER ACTION TAKEN 



YES 



NO 



IV. SUBSEQUENT ACTION 

DISPOSITION OF CHARGES, IF ANY DROPPED DISMISSED 

WITHDRAWN SENTENCED 

IS THIS CASE STILL ACTIVE WITH THE SOCIETY YES 

IF NO, WHEN WAS IT CLOSED 



NO 



SUBSEQUENT SOCIETY ACTION 



COMMENTS 



PLEASE NOTIFY THE BRANCH OF ANY 
CHANGE IN THE STATUS OF THIS CASE, 
ESPECIALLY CHARGES, IF ADDITIONAL 
SPACE IS REQUIRED, USE THE REVERSE 
SIDE OF THIS FORM. 



DATE OF REPORT 



LOCAL DIRECTOR 



1790 



SCHEDULE 2-T 



COMMUNICATION 

CHILD WELFARE BRANCH, MINISTRY OF COMMUNITY AND SOCIAL SERVICES 

DATED: April 14, 1976 



TO THE CHILDREN'S AID SOCIETY OF 
SARNIA, Ontario 



FROM Mrs. R. Powell, 
for Director, 
Child Welfare Branch, 
Parliament Buildings 
Toronto, Ontario 



NAME OF CHILD 



Kim Anne Marie Popen 



NAME OF APPLICANT/ADOPTIVE PARENTS 

Mr. and Mrs. Annals Ambrose Popen 



ADDRESS 



PLEASE CHECK APPROPRIATE BOX 



We would appreciate a report on 
the current status of this case. 



BIRTH DATE 

YOUR FILE NO. 

OUR FILE NO. 
75-5196 



REPLY (where applicable) DATE 
P.S. This is with reference to your 



Report on Persons Allegedly 



Causing Physical 111 Treatment 



of a Child dated September 8, 1975. 



Re your file No. 75-5196 - Mr. and Mrs. Annals Ambrose Popen. 

At Ontario Provincial Family Court on February 25th 1976, an 
order ot six months Society Wardship was given to C.A.S. The long 
delay of Court Hearing was due to the manoevering on the part of 
the legal representatives. Mr. Popen had pleaded guilty to the 

charge of neglecting to protect the child and a psychiatric 

examination was ordered by the Judge; however, the police and 

C.A.S. still suspect that Mrs. Popen had been a part of such 

alleged ill treatment of the child and will keep watching this 
ongoing situation closely. Due to the positive results of 
psychiatric assessment, which indicated Mr. Popen was not in need 
of psychiatric treatment, his diligent involvement with A. A. and 
the parents' intention to enroll in the Parent Effectiveness 

Training Course, Mr. Popen was put on probation on March 29th 

1976, and sentence was suspended for one year. 



1791 



III. IMMEDIATE ACTION 

WERE THE POLICE INVOLVED: WERE CHARGES LAID: 

x_YES NO ' 2i_ ^^S NO 

IF YES, WERE THEY NOTIFIED BY: IF YES, BY WHOM 

X COMPLAINT C.A.S. Sarnia City Police Dept. 

CROWN ATTORNEY DATE: Pending 

OTHER (SOCIETY) RESULT 



St. Joseph's Hosp. Sarnia 



WAS CHILD: x_ MADE A NON-WARD MADE A SOCIETY WARD 

KEPT UNDER SOCIETY SUPERVISION 

LEFT WITH PARENTS WITH NO SOCIETY SUPERVISION 

WERE ANY OTHER CHILDREN IN THE FAMILY TAKEN INTO CARE: YES x NO 

OTHER ACTION TAKEN Application for Society Wardship made 

September 8th 1975 ^"adjourned to October 29th 1975. 



IV. SUBSEQUENT ACTION 

DISPOSITION OF CHARGES, IF ANY DROPPED DISMISSED 

WITHDRAWN SENTENCED 



IS THIS CASE STILL ACTIVE WITH THE SOCIETY x_ YES NO 

IF NO, WHEN WAS IT CLOSED 

SUBSEQUENT SOCIETY ACTION Dependent on Police Investigation 

and parental co-operation. 

COMMENTS: 



PLEASE NOTIFY THE BRANCH OF ANY Sept. 8th, 1975. 

CHANGE IN THE STATUS OF THIS CASE, DATE OF REPORT 
ESPECIALLY CHARGES, IF ADDITIONAL 

SPACE IS REQUIRED, USE THE REVERSE "William J. Lovatt" 

SIDE OF THIS FORM. LOCAL DIRECTOR 



1792 



SCHEDULE 2-U 

REPORT ON PERSONS ALLEGEDLY CAUSING PHYSICAL ILL TREATMENT 

OF A CHILD 



FROM 



August 11, 1976 

TO: MISS BETTY C. GRAHAM, 
DIRECTOR, 
CHILD WELFARE BRANCH 

I. IDENTIFICATION: 

A. ALLEGED OFFENDER 

Mr. &/or Mrs. Popen 

NAME: 

Annals Ambrose & Jennifer Angelle(sic) Popen 



THE CHILDREN'S AID SOCIETY 
OF: the City of Sarnia 
and County of Lambton 



B. CHILD 

Kim Anne Marie 

NAME: 



BIRTHDATE/ 

AGE 

Jan. 11/75 



ADDRESS: 

287 Devine Street, Sarnia 

County of Lambton PHONE 

519-336-4487 
RELATIONSHIP TO CHILD 
Natural Parents 

OTHER IDENTIFYING INFORMATION OR 

EVIDENCE 

Previous history of child abuse, 

Mr. Popen 

OF PREVIOUS OFFENCES 

Father pleaded guilty in court on 

Mar. 29/76. 



ADDRESS: 

HAS THE C.A.S. BEEN 

INVOLVED WITH THIS CHILD OR 

FAMILY BEFORE X Yes No 

IF YES, IS THIS 

AN ADOPTED CHILD Yes X No 

IF YES, WHERE WAS 
ADOPTION COMPLETED: 

THIS SOCIETY 

ANOTHER ONTARIO > 

C.A.S. >specify 
ANOTHER PROVINCE>below 

OTHER > 



II. 



INCIDENT 



DATE 

Aug. 11/76 



PLACE 

220 S. Mitton St. 

Sarnia 



SOURCE OF COMPLAINT 
Sarnia General Hospital 



NATURE OF ALLEGED ILL TREATMENT 

Child died shortly after arriving at the hospital. Doctors again 
suspected possible battered child syndrome. The police have 
conducted a full investigation into the situation. 



1793 



Mrs. Popen is pregnant once again and this second child is due in 
July 1976. Present goals of this case as follows; 

1) Working toward returning the child, Kim, back home to live 
before the other baby is due. 

2) Giving weekly supervision in their home. 

3) Assisting their following through with the P.E.T. Course and 
Mr. Popen's A. A. involvement. 

"Entered in Child Abuse SIGNATURE "William J. Lovatt" 

Registry 75/76" 



1794 



SCHEDULE 2-V 

Interim Report to the Board of Directors 

Children's Aid Society 
of the City of Sarnia & County of Lambton 
prepared by Harry Zwerver, 
dated April 11, 1978 

Introduction 

Since arriving at the Children's Aid 
Society of Sarnia and Lambton County four weeks ago I 
have been impressed by the continuous co-operation 
and support which I have received from both the Staff 
and the Local Director. 

In spite of many staff being under a great 
deal of pressure due to the demands of their 
workloads and the natural apprehensions and suspicion 
which have come with the events of the past several 
months, they have been most frank and honest in 
dealing with me. 

There is an obvious desire on the part of 
this agency's staff to deal with the problems which 
have been, or may be, identified and to move ahead. 

The prolonging of the time period before 
the Judicial Inquiry commences is having negative 
effects on several staff and even the announcement of 
a time frame would begin to resolve some of their 
anxiety. 

During my initial period of time at CAS I 
have focussed primarily on the front line service 
provided by the Society, mostly through the Family 
Services Department. I have met with total staff in 
several staff meetings, have met with every staff 
member individually at least once, although with some 
fairly briefly at this stage and have attended the 
Family Services and Children's Services unit staff 
meetings, the Management group meetings, met with the 
Group Home parents, attended the Joint Staff 
Association/Personnel Committee meeting and have met 
with representatives of a number of community 
agencies. 

I have not yet had much of an opportunity 
to examine the administrative functions of the 



1795 



Society except where they are reflected in service 
delivery; this I will begin to do this week as well 
as beginning to examine the Society's budgetary 
process and the statistical information system. 

This then is a very preliminary and 
incomplete presentation in which I will briefly note 
some of my observations then, for your consideration, 
note actions already taken and/or my recommendations 
for future action. 

I will divide my report into three parts - 
Services, Administration and Board. 

A. Services 

1. General Observations 

Generally, there appears to be a very basic 
lack of knowledge about the Child Welfare Act and its 
Regulations. The violations of the requirements of 
the Act regarding child protection services, 
including the use and requirements of Court are very 
serious. This is compounded by the almost total lack 
of written policies and procedures. 

Recommendations 

1.1 Initiate a basic training, or in some 
cases, retraining program for all agency 
social work and support staff. 

1.2 Develop written policy and procedure 
manuals for the Family Services Department 
and expand those in the area of services to 
children in care. 

2 . Criteria for Service 

With current budgetary pressures placed 
upon Children's Aid Societies service criteria tend 
to be determined by the workload pressures at intake. 
Community agencies and CAS staff themselves are not 
clear about this agency's service criteria - what 
cases will be opened for service and which will not 
be and why not. 



1796 



Recommendations 

2.1 It is important for the Society to be clear 
about its criteria for the provision of 
service, so that staff in providing or 
refusing service or referring cases 
elsewhere feel that they are still carrying 
out their mandate under the Child Welfare 
Act, as well as being supported in their 
decisions by the Board and administrator. 

3 . The Investigation of Reports of Child Abuse or 
Neglect 

Every person having information about the 
abandonment, desertion, physical ill-treatment or 
need for protection of a child must report this 
information to a Children's Aid Society. (Section 
41(1) The Child Welfare Act). The Act also requires 
that Children's Aid Societies record and investigate 
these complaints promptly so that a determination as 
to whether a child is in need of protection can be 
made. 

In more recent directives from the Child 
Welfare Branch it has been made clear that the 
investigation of complaints of physical ill-treatment 
cannot be delegated to another organization or 
individual, and that the treatment plan for cases of 
suspected or confirmed child abuse must be 
co-ordinated by a worker from the CAS. 

There have been cases noted in this Society 
where neglect and abuse have been reported or alleged 
and which were not investigated by CAS, or appear to 
have gone uninvestigated for long periods of time. 

Recommendations 

3.1 All reports of alleged child abuse must be 
investigated immediately. Where another 
agency is involved or makes the referral 
they may be asked to be involved with the 
Society; but in no case will they be 
delegated the responsibility for the actual 
investigation. 

3.2 Where injuries exist, a child is to be 
medically examined immediately and it is 



1797 



the CAS worker's responsibility to see that 
this occurs. 

3.3 In situations of obvious injury to a child 
and in all cases of alleged sexual abuse 
the police must be notified in case they 
wish to lay charges under the Criminal 
Code. 

3.4 Under no circumstances should a child who 
appears to have been abused be admitted 
into care on a Non-Ward Agreement. If 
admission is warranted if should be by 
means of an apprehension and the case 
brought before the Court within five days. 

3.5 No child admitted due to actual or 
suspected child abuse should be discharged 
from care without a proper case planning 
conference. 

3.6 A more fully detailed child abuse procedure 
including involvement with hospitals, 
doctors, police and other community 
contacts be drafted immediately. (Models 
are already available.) 

4 . Emergency After Hours and Week-end Service 

The Society is responsible for the 
provision of basic protective services twenty four 
hours a day, seven days a week. The specific 
responsibilities of the Society are clearly spelled 
out in The Child Welfare Act. 

Presently, the switchboard at the agency is 
open from 9.00 a.m. until 5.00 p.m., Monday through 
Friday. Outside those times callers to the agency's 
telephone number will not have their calls answered. 

In emergencies individual foster parents or 
clients may be able to call workers at home. A 
complainant or a community person in need of advise 
or information is not redirected. There is no after 
hours telephone number listed in the telephone 
directory. 

If someone is desperate enough to call the 
Police they may be directed to the Children's Aid 



1798 



Society duty worker on call for that particular day 
or week. It is not clear whether collateral agencies 
generally are aware that the police will channel 
their emergency calls. 

The various police departments however, are 
left to the job of screening calls when they do come 
to them, and sometimes are not clear about which 
worker is on call especially as the worker duty 
roster gets changed between workers. 

In a survey completed by the Local Director 
for the Ministry of Community & Social Services in 
January of this year, he estimated that the number of 
calls actually referred to workers averaged out to 
less than one per week night and three per week-end 
for an average of five per week. 

The Society's contract for after hours' 
staff coverage is exceedingly generous given present 
volumes. 

Recommendations 

4.1 The Society should provide a more 

appropriate after hours service. Options 
should include a call forwarding system, 
the use of a Telephone Answering Service 
where calls are screened or directed, or at 
a minimum a recording which refers 
emergency calls to the police, with an 
appropriate notice in the telephone 
directory. 

5 . Case Opening and Case Recording Procedures 

From our preliminary observations it 
appears that there are no clear criteria for 
statistically opening a case for service. Family 
Service cases are often not recorded within the time 
frame required by The Child Welfare Act. 

There is no systematic bring-forward system 
which assists the workers in completing their 
recording within the time periods required by the 
Act. Recording tends to be "process" recording 
rather than goal-oriented recording and diagnostic 
descriptions tend not to be available. 



1799 



Recommendations 

5.1 Set up a statistical system which can be 
triggered by the department secretaries. 
In this way much of the worker activity 
presently not counted will become 
statistically identifiable. 

5.2 Establish a goal oriented case management 
system which will reflect good social 
worker practice within the time require- 
ments established by The Child Welfare 
Act. 

6 . Case Planning Conferences 

At present time there are no structured 
case planning conferences or sessions except for the 
discussion held within the individual service units. 

Recommendations 

6.1 A system of structured case planning 

conferences or meetings of appropriate 
Society staff and collateral persons should 
be established to ensure proper case 
planning. This should be tied in to a goal 
oriented case recording format discussed in 
the previous section of this report. 

These sessions which should be formalized 
as part of the administrative process in 
the Society should include at least the 
following functions:- 

1. Pre-Admission 

2. Pre-Placement 

3. Admission Review 

4. Child Planning 

5. Case Planning 

6. Replacement 

7. Court Planning 

Some of these could possibly be combined 
due to the size of the agency. The 
appropriate staff from both departments 
including Supervisors and in some cases the 
Local Director should be involved. 



1800 



(We have already instituted Court Planning 
conferences ) 

7 . Responsibilit y for Children in the Care of the 
Society 

At present, except for the children under 
five years of age, there is no consistent practice as 
to which children are carried by the Family Services 
worker and which are carried by the Children's 
Services worker. 

Due to the apparent pressures on the Family 
Services staff concern has been expressed by foster 
parents, some Family Service staff themselves and 
foster care workers that children in foster care are 
not being seen frequently enough and that foster 
parents are not receiving the support necessary to 
care for often very difficult children. This has, it 
is reported, led to several foster homes closing in 
the recent past. 

The present system for the supervision of 
children in care has led to serious inter-depart- 
mental problems - a serious division in the Society 
with each group having difficulty understanding the 
roles and responsibilities of the other. 

Recommendations 

7.1 That a serious examination of the present 
two departments structure be undertaken. 

8 . Wards in their Own Homes 

As a general rule. Society Wards and Crown 
Wards are maintained and supervised by the Society in 
its own resources or in resources paid for by the 
Society, or through another Ministry residence or 
facility. 

Occasionally a ward will be sent home by 
the Courts on a trial basis or will have visits home 
as part of a planned return by the Society. 

A ward continues to be the legal responsi- 
bility of the Society until wardship is terminated, 
thus a return home is a very serious matter and must 



1801 



be considered very carefully and then visits 
adequately supervised. 

There have been incidents where a Society 
Ward or a Crown Ward have been living in their own 
home, sometimes with the knowledge and permission of 
the Society, and sometimes not. 

Recommendations 

8.1 Clear policies must be established regard- 
ing the return home of wards; the Court 
should be informed of all such plans and 
their approval sought beforehand. Where a 
child leaves our care against our wishes 
the Court must be informed immediately. 

9 . Medical Examinations of Children in Care 

The Child Welfare Act requires that every 
child admitted into the care of a Children's Aid 
Society be medically examined as quickly as possible 
after admission - (Regulatin 16(1)). Except for the 
under five year olds there is presently no policy or 
general practice in this regard. 

It appears that many children are not 
medically examined at all except when it appears to 
the worker or foster parent that this is necessary. 

This practice leaves the Society in a very 
vulnerable position. 

Recommendations 

9.1 All children should be examined medically 
upon admission and immediately prior to 
discharge . 

9.2 A contract should be made with one 
paediatrician or family practitioner to do 
these for the Society. If this is not 
possible, a division by age of child could 
be made to allow this to be done by more 
than one medical practitioner. 

If all else fails we should see if the 
outpatient department of local hospitals 
could take on this responsibility. 



1802 



9.3 Proper medical files should be maintained 
on every child in care. These should be 
reviewed and updated as medical events 
occur. This would also provide the basis 
for the annual medical and dental 
examinations required under The Child 
Welfare Act. 

10 . Parental Visiting 

Presently there is no clear policy or 
pattern for children in care visiting with their 
parents. 

In some cases parents have not seen their 
children for long periods of time regardless of the 
legal status of these children. 

In several recent Court cases this issue 
has been raised by the Family Court Judge as a 
concern, to the point where he has threatened to make 
access orders a part of his finding in order to en- 
sure that a proper visiting pattern does take place. 

The reasons for infrequent visits given by 
the Society include the distance of foster homes from 
the City, pressure of workers' time and the non- 
availability of volunteer drivers. 

Recommendations 

10.1 Clear visiting policies must be established 
by the Society to ensure that the natural 
rights of both parents and children are 
maintained. Especially when the ultimate 
plan is to reunite parents and their 
children ongoing contact is critical. The 
policy must recognize the needs of each 
type of situation, age of children involved 
and the legal status of the children in 
care. 

10.2 An examination of the differential mileage 
rates between staff and volunteer drivers 
should be undertaken to ensure that 
volunteers are adequately reimbursed for 
their transportation costs. This may lead 
to more volunteer drivers being available. 
If this does not produce results, 



1803 



10.3 Examine the possibility of a "paid driver" 
who would be paid a retainer and mileage to 
transport children and clients as 
necessary . 

Board 

There have been frequent references made to 
the function of the Board in the past several weeks. 
Some of these relate to the Board-Management-Staff 
communications, others to the actual operation of the 
Society itself. 

I would like to make several brief comments 
and recommendations. 

1 . Executive Committee 

To ensure the efficient operation of the 
Board of Directors the Child Welfare Act provides for 
the establishment of an Executive Committee, the 
composition of which is prescribed in the Act. The 
Executive Committee provides for continuity between 
Board meetings and deals with items in detail not 
usually possible in meetings of the total Board, 

It is also an important support vehicle for 
the Local Director and senior staff in the ongoing 
operation of the Society's functions. 

Recommendation 

I would recommend that a functioning 
Executive Committee be established by the Board 
of Directors in order to facilitate the Society's 
work. 

2 . Services Committee 

As outlined in the Handbook for Board 
Members published by the Ontario Association of 
Children's Aid Societies, a Services Committee is an 
essential part of a Children's Aid Society's 
operation if the Board is to be kept informed of the 
service demands and complexities of the Society, and 
to assist the Board and senior staff in all matters 
related to the service problems of the Society. 



1804 



Recommendation 

That an active Services Committee be 

established, in order to assist the Board, its 

Executive and senior staff in examining the 

service policies of the Society and their 
implications . 

3 . Administration 

1 . Security 

All agency files and records, both ongoing 
and closed, are stored in a Vault on the main floor 
of the agency's building. The Vault also includes a 
bulletin board for staff notices and the workers' 
message centre. 

All agency staff have the combination to 
the Vault. The Vault is left open all day and there 
is unrestricted access to the Vault and thus to its 
contents. 

Every staff member also has keys to the 
front door of the building. 

I believe that this open access to files 
and documents without any monitoring violates the 
principles of confidentiality and privacy, and is not 
good practice. 

Recommendation 

That the matter of file storage and Vault 
access be examined in order to develop a more 
appropriate policy than presently exists. 

This might possibly mean some structural 
changes or some additional locked storage 
cabinets located elsewhere in the building. 



Harry Zwerver 



April 11th, 1978. 
HZ/dwm 



1805 



SCHEDULE 2-W 

Summary of Popen case by William Lovatt 
in Minutes of Meeting, Board of Directors, 
Children's Aid Society, Sarnia 
December 15, 1977 



A special meeting of the Board of Directors 
of the Children's Aid Society of the City of Sarnia 
and County of Lambton was convened at the request of 
the President, Mr. Dave Allen, to discuss the Popen 
case. The meeting was held in the Board Room of the 
Children's Aid Society building, 740 N. Christina 
Street, Sarnia, Ontario, on Thursday, December 15, 
1977 at 7:30 p.m. 

Present: Mr. Dave Allen, Mr. John McPhedran, Mr. Tim 
Lester, Mr. R. Doyle, Mrs. Val Adamson, Mr. 
H. Douglas, Mr. R. Large, Mr. R. 
Provencher, Mr. Al Bromwish, Mrs. M. Wood, 
Aid. M. Brown, Mr. T, Dzialowski, Mrs. A. 
Schertzer, Warden T. Steadman, Mr. K. 
Conroy, Mr. M. Armstrong. 

Regrets: Mr. G. Shafley, Mr. W. Higgins, Mrs. P. 
Lichty, Mrs. S. Milway, Mrs. A. Notte. 

C.A.S. Staff Members in attendance included 
Mr. R. Kissling, Mrs. Stella Tamminen, Miss 
J. Payne, Mrs. Mabel Harvey, Mrs. Kathy 
Mitchell, Mr. Harold Carter, Mrs. E. 
McMillin, Mrs. A. Dick, Mrs. E. Van Der 
Jagt, Mrs. Beth Murray, Mrs. Valerie 
Jenken, Mrs. Dorothy Myers. 

The President, Mrs. (sic) Allen, opened the 
meeting on the S'ubject of the Kim Popen case and 
asked Mr. Lovatt, the Local Director, to review the 
salient points of the case history as presented in a 
written summary form to every Board Member who was 
present. 

Mr. Lovatt stressed the following points in 
a summary of the Popen case to clarify a number of 
items. 

1. June 1975, there was insufficient evidence 
to warrant intervention on the Society's 



1806 



first contact with the Popens. The 
referral was anonymous and the mother had a 
plausible reason for the very faint and old 
marks on the child, Kim Popen. The parents 
denied any abuse and refused the services 
of the Children's Aid society and Lambton 
Health Unit. The Police accepted a 
watching brief. 

2. On Aug. 31, 1975, a call to St. Joseph's 
Hospital made the C.A.S. aware of previous 
injuries to the child and therefore the 
child came into care. 

3. Sept. 8, 1975 to February 25, 1976, there 
were a series of court ad30urnments during 
which time the C.A.S. were cautioned not to 
talk with the child's parents on the 
grounds that such contact was prejudicial 
to the defence's case. 

4. Mr. Popen accepted full responsibility for 
the injury received in August, 1975 by Kim 
Popen since he was drunk at the time, and 
the mother, Mrs. Popen, was absolved from 
any guilt. No conviction was registered 
against Mrs. Popen. 

5. Since August, 1975 considerable evidence 
had accumulated on Mr. Popen' s behaviour. 
He had ceased to drink and also attended 
Alcoholics Anonymous. 

6. On instructions from the Court, Mr. Popen 
was examined by a psychiatrist. The 
forthcoming reports were positive and 
concluded as follows "In summary then, if 
Mr. Popen stays totally away from alcohol 
and attends whatever courses Mrs. Harvey or 
the Public Health Nurse might set up, and 
Parents Anonymous, if a branch of this were 
available locally, it would surely minimize 
the danger of the child being battered in 
the future." 

7. Lambton Health Unit nurse and probation 
office have confirmed that nothing was 
observed which led them to suspect abuse. 
The probation officer visited on August 11, 



1807 



1976 and saw only a sore lip. Mrs. Popen 
informed that she had seen the Doctor for 
this on the previous Friday. 

8. At the time when the decision was made to 
return Kim home on May 27, 1976, we had the 
following information on file: 

a. Parents wanted Kim back and their 
lawyer would fight for the child's 
return. 

b. Both parents had attended the P.E.T. 
course and the supervisor of the course 
had commented favourably on their 
participation. 

c. The parents had cooperated in every way 
with C.A.S. and the Probation Officer. 

d. Mr. Popen had stopped drinking and 
attended Alcoholics Anonymous. 

e. Kim would be returned to her parents at 
the Aug. 4, 1976 Court Hearing because 
of lack of evidence to refute this 
action from taking place. 

f. C.A.S. could have returned the child 
before the new baby was born and 
reintegrate the family by the time of 
the child's birth with the willing 
cooperation of both parents or could 
hold off until August 4, 1976 Court 
hearing which would have terminated the 
wardship. 

g. The C.A.S. made the decision to return 
the child to its natural parents based 
on all the best evidence available at 
the time. That decision proved to have 
unfortunate consequences. 

Mr. Lovatt, the Local Director, made 
recommendations to the Board of the Children's Aid to 
assist in preventing any recurrence of the Popen 
tragedy. They were as follows: 



1808 



a. That a formal reporting system in cases 
of child abuse be established between 
the C.A.S., Lambton Health Unit, and 
the Probation Services. 

b. In cases of child abuse, the children 
can no longer be returned to parents 
without Court involvement. 

c. That we require Medical examination and 
report every two weeks where C.A.S. has 
supervision of "at risk" child. 
Failure to do so should compel a return 
to Court. 

A discussion then ensued on the typewritten 
review of the entire Kim Popen file provided to all 
Board members. Mr. Lovatt and Mrs. Harvey answered 
questions raised by Board and C.A.S. staff members on 
discrepancies between the newspaper reports on the 
Popen case and the written summation of the C.A.S. 
file. 

A suggestion for board consideration was 
then introduced by the President, Mr. Dave Allen, on 
the establishment of an impartial board of inquiry 
composed of three professional social workers 
selected by the executive committee of the 0. A. C.A.S. 
Their job would be a throrough ( s ic ) examination of 
all facts pertaining to the Popen case. The 
impartial inquiry of three social workers would then 
be asked to render an opinion on corrective measures 
that will help the Agency to prevent the recurrence 
of any such tragedy in the future. 

The formal motion of adoption was moved by 
Aid. M. Brown and seconded by Mr. R. Provencher that 

"a three person board be selected by 
O. A. C.A.S. executive committee to review 
the case in question and attempt to 
complete such a study within one month that 
will bring forth any recommendations they 
wish to make for future operations of this 
Children's Aid Society." 

After a brief discussion on its terms of 
reference in reporting to the Board of this Society 
and the financing of this impartial enquiry the 



1809 



motion received the unanimous consent of the Board 
members present. 

Mr. Allen then asked for and received a 
motion to adjourn the special meeting. 

Respectfully submitted 

John McPhedran 
Pro Tem Secretary 



1810 



SCHEDULE 2-X 

Report for Child Welfare Branch 
Ministry of Community and Social Services 
Prepared by the Children's Aid Society, Sarnia 

December 8, 1977 



POPEN, Annals Ambrose, known as "Karie" aged 38 
years . 

POPEN, Angela(sic) Jennifer , aged 18 years. 

CHILDREN: Kim Anne Marie born January 11, 1975 
Karie Junior born July 6, 1976. 



FAMILY 
BACKGROUND 



The parents were both born in Jamaica. 
Mr. Popen had been in Canada, with his 
family for some years. Mrs. Popen 
came to Canada in 1973 following her 
marriage. We were told in 1975 that 
she was nineteen. It is now apparent 
that she is only now 18, which would 
mean that she was married at 14 years 
of age, and a mother at 15 or 16. 
Further information regarding the 
mother's background will be given 
below . 



REFERRAL 
JUNE 1/75 



Detective Gander, Sarnia Police 
Department, came to the office 
requesting the worker's assistance in 
investigating an anonymous call made 
to the police the night before. There 
was a question of possible abuse to 
the child Kim. 

A worker, Mrs. Sandy Saul, and a 
volunteer Mrs. Win Hoad, R.N., 
accompanied the officer. They located 
the child at the home of an aunt, Mrs. 
Cecil Popen, as the parents were in 
the process of moving from one home to 
another and she was caring temporarily 
for the child. She pointed out marks 
on the child which were stated to be 
about two weeks old and were very 



1811 



faint, and would not have been noticed 
if she had not pointed them out. The 
child had a cut on her tongue and lip 
which were said by the aunt to be 
caused by the mother forcing the child 
to eat. While the worker was present, 
the mother appeared, grabbed the child 
and attempted to leave but was stopped 
by the officer. Mr. Popen came in 
during this time. The mother's 
handling of the child was noted as the 
child appeared upset as she prepared 
to feed her. Services of Children's 
Aid Society and the Lambton Health 
Unit nurse were refused by the 
parents. The mother was defensive and 
hostile, the father quiet and meek. 
Both declared the child received good 
care and denied any possibility of 
abuse. 

The case was not assigned but a follow 
up call was made to the City Police 
who suggested that we wait to make a 
home visit. They would report back to 
us if necessary. 

AUGUST 31/75 Constable Wyville, City Police, called 
REFERRAL requesting a worker to come to St. 

Joseph's Hospital where the child Kim 
was presently admitted. Mrs. A. Dick 
immediately went to the hospital. 
Abuse was strongly suspected by staff 
doctors and police. The mother was 
there trying to have the child 
released. Mr. Popen had been sent for 
by her to verify her story that eight 
month old Kim had pulled herself up 
out of the crib, onto the dresser 
where she fell and was found by the 
mother on the floor. 

Mr. Popen repeatedly declared that no 
one is taking his child away from him 
and that he did not mistreat her. He 
finally realized his wife had come to 
the hospital to get the child ag ainst 
what he'd told her. At this time it 
was learned that the child had a 

1812 



(broken, chipped) bone in the elbow. 
The parents reluctantly agreed to 
non-ward care while treatment of the 
child was provided and poilice(sic) 
investigations were in progress. See 
medical reports attached. 

It was also learned that there was a 
previous seemingly unclarif led 
situation regarding this child. At 
two months of age, the child was in 
hospital for a fractured, upper arm 
and the explanation given at that time 
was that "the child fell out of the 
walker" with the sitter being blamed 
for the abuse, and the sitter now 
having returned to Jamaica. It was 
later learned also, that the child 
Kim, had been observed (with a black 
eye) at a shopping centre and a report 
had been made to the family doctor. 
Dr. Jumean. The mother no longer 
wished to have Dr. Jumean involved. 
The mother said that Kim has climbed 
out of the crib and fallen, and that 
Kim can sit, crawl and pull herself up 
over and out of the crib at the 
present time. 

It was also learned that Mrs. Popen 
had taken Kim to the Sarnia General 
Hospital where she saw Dr. Haig. 
According to her, he requested her to 
come back the next day for x-rays. 
Instead of waiting, she had taken the 
child to St. Joseph's Hospital where 
the child had been admitted at 1:30 
a.m. on August 31. 

The case was open to H.R. Carter. 

SEPT. 5/75 Kim was taken into care and placed in 

CHILD INTO a foster home. Worker assigned was 

CARE Mrs. M. Kirby. *See report on child 

care attached. 



*Not included in Exhibit filed 

1813 



COURT 
ACTION 



FEB. 27/76 to 
MARCH 29/76 



Initial court hearing was set for 
September 8. There were adjournments 
in this case to October 29, 1975, then 
again to January 19, 1976 and February 
25, 1976 in Family Court. 

Criminal charges were laid by the 
Police under the Child Welfare Act and 
these hearings were held in Family 
Court on October 30, 1975, adjourned 
to November 13, 1975 and adjourned to 
January 19, 1976 and to February 23, 
1976. There was difficulty in getting 
an agreement about the hearing of the 
two cases before the Family Court with 
our position being that the Wardship 
Hearing should be separate and that of 
the legal representative for the 
family, that the two cases should be 
heard together. The disposition of 
the criminal charges were made on 
February 23, when Mr, Popen pleaded 
guilty. Sentencing regarding this was 
made on March 29, 1976 in order that 
Mr. Popen have psychiatric assessment. 

On February 25, 1976 the Society 
received six months Society Wardship 
and both parents were advised to 
co-operate with the agency and to 
attend any courses on parenting that 
were suggested to them by C.A.S. 
Since the parents were requesting more 
visitation, it was also pointed out 
that future visits of Kim to them, 
would continue to be under the 
supervision of C.A.S. 

The case was transferred to Mrs. Lo. 
It was felt that a younger, female 
worker would have better opportunity 
of working with this mother who was 
resistent to Mr. Carter's efforts to 
help her. 

It is to be pointed out that Mr. 
Carter had difficulty in talking with 
this family, partly because the lawyer 
for the family did not wish us to 



1814 



"quiz them" during the period of ad- 
journment of the hearings. Permission 
was requested from the lawyer's office 
for the two home visits which were 
made January 6, and February 20, 1976. 
The observations of the worker were 
that Mrs. Popen lies a good deal and 
is also a young, inexperienced mother. 
Mrs. Popen did state that she had a 7 
month old child who died in Jamaica. 
This has never been verified and there 
is real question as to whether this 
child ever existed. Mr. Popen had 
admitted drinking problems and little 
or no knowledge of child raising. 

Further information as to the family 
background was given. Mr. Popen's 
large family resides in Sarnia, with 
there being a great deal of coming and 
going between the family members. 
Mrs. Popen, on the other hand, was 
rather isolated and stated that she 
was not liked by her husband's family 
or extended family. 

Home visits to both the first home at 
287 Devine St., later at 220 S. Mitton 
St. found that the apartment was 
clean, neat and sufficiently equipped 
to handle a child. The young couple 
in the apartment in the home at 220 S. 
Mitton were friends of the Popen's and 
Mrs. Popen had a good relationship 
with them. 

There was question as to whether or 
not Mrs. Popen was pregnant until it 
became obvious that she was. She 
spoke of having blackouts on two 
occasions and it was found out, when 
this was mentioned in Mr. Popen's 
presence, that he was not aware of 
this and there was again question as 
to whether Mrs. Popen was lying. 
Support was given to Mr. Popen in 
having the psychiatric assessment and 
to become involved in A. A. and to work 
with the Probation Officer. Also, 



1815 



MARCH 29/7 6 



DISCUSSIONS 
WITH THE 
PARENTS 
APRIL-JULY/76 



arrangements were being made to have 
the Popens enroll in the Parent 
Education course which was being 
planned. 

From February 27, to July 6, the 
worker Mrs. Lo, visited the Popen home 
on a weekly basis and consulted with 
the supervisor following each visit. 
In general, she developed a good 
working relationship with the Popens. 
She observed that Mrs. Popen attempted 
to change her story from time to time 
but became increasingly open and 
co-operative throughout this period. 

Mr. Popen was attending A. A. and was 
also working. Visits were made during 
the day when the worker could speak 
with Mrs. Popen alone and were also 
made in the evening when both parents 
could be present. 

Mr. Popen was in court for sentencing 
and again pleaded guilty to the charge 
of neglecting to protect his child. 
The psychiatric assessment was pro- 
vided for the court and it indicated 
that Mr. Popen was not in need of 
psychiatric treatment. He was also 
involved with A. A. and with the 
involvement with the agency being 
effective, Mr. Popen was put on 
probation and sentence was suspended 
for one year. Violation of the 
probation would be six months to one 
year in jail. 

Mrs. Popen shared material with the 
worker about her family in Jamaica 
which apparently was a rather deprived 
background with the father having left 
the home and the mother having left 
the home for a time, with Mrs. Popen 
and the grandmother taking care of the 
children. She showed the worker a 
picture of a child that she said that 
she had and who was being raised by 
her grandmother. 



1816 



The marital relationship improved. 
The parents were talking together more 
and they reported that her relation- 
ship with his family was also 
improving. The growth and development 
of the child was discussed at 
considerable length as were child 
training methods. 

In April 1976, it was decided to 
arrange for Kim to start home visits. 
It was felt that it would take some 
time to re-integrate the child into 
the family and the series of visits 
were set, initially for 1 1/2 to 2 
hours, with the worker being present. 
The parents were at first uneasy about 
the worker being there, then became 
more comfortable with it. It was felt 
that they had gained from the 
discussions of growth and development 
and methods of discipline. 

CONFERENCE A conference was held by the child 

care worker, the family service 
worker, and the two supervisors, in 
which the progress of the case was 
completely reviewed and all 
information pooled and the decision 
made that the child would be returned 
home prior to the birth of the 
expected child so we would have a 
period of observation of the parents' 
handling of the child prior to the 
birth of this second child. It was 
felt important that the family have a 
period alone with Kim before the baby 
was born. Kim was regressing from the 
regular visits and it was decided to 
limit the visits for a month and 
return the child home on May 27. 

Following the child's return home, she 
was carefully observed by the worker 
who would, on many visits, have the 
child on her lap. Kim was usually 
dressed in sleeveless tops and shorts 
or occasionally in a short-sleeved 
dress. The only bruise noted during 



1817 



this time was on one finger. This was 
stated to be from Kim's putting 
something in an electric outlet. 
Following this, on the worker's 
advice, the parents got covers for the 
outlets and put them on any outlet the 
child could reach. The use of the 
ointment for the labial fold ulcers 
was continued as long as necessary. 
The worker also gave the family her 
home phone number in case they needed 
it but not calls were received. 



P.E.T. COURSE 
APRIL - 
MAY/7 6 



During this time, the Popens were also 
enrolled in the Parent Effectiveness 
Training course which was given at the 
Agency by a qualified P.E.T. teacher. 
They attended all but one of the 
sessions and discussed the sessions 
with the worker, apparently getting a 
good deal out of this. Neither parent 
has much education and they worked out 
a system whereby one would help the 
other in doing the necessary 
excercises (sic) in the course. It was 
reported to the agency by the leader 
at the end of the course, that they 
had been active participants and very 
helpful in the discussion that had 
taken place. They were not spelled 
out to the leader as abusive parents 
and he was indeed surprised to learn 
at a later date, that indeed they 
were. 



JULY 6/76 

to 

AUG. 11/76 



Mrs. Popen gave birth to Karie Junior 
Popen. Adequate plans were made for 
Kim's care during confinement. 

Regular visits to the home were 
continued following the birth of the 
child on a twice weekly basis by the 
Family Service worker. The overall 
situation was good. Kim's behaviour 
was within normal limit and the 
Popen' s were pleased with her and with 
themselves. They did experience the 
same reactions of Kim as the foster 
mother did, in that she would have 



1818 



good days and bad days, and they were 
able to cope v/ith the situation. The 
child was also teething but the mother 
was able to comfort her and handle her 
very well. 

A Lambton Health Unit nurse was 
involved with the family following the 
birth of the second child. Nothing 
unusual was noted and the child was in 
good condition when brought into the 
Society's care. 

Towards the end of July there was 
discussion about continuation of 
wardship pro and con with the Popens . 
It was discussed with the Popens that 
we felt they were making good progress 
and this was reviewed with them from 
the point of view of their increased 
competence in helping the child 
through their greater understanding of 
a child's needs. Karie was doing very 
well and their relationship had 
improved considerably. Following this 
however, the worker noted the mother 
was becoming more distant and more 
cool and became somewhat apprehensive 
that we would not be able to go into 
the home on a voluntary basis once the 
wardship terminated. In conference 
with the supervisor, it was decided 
that we would request a supervisory 
order in order to ensure that we could 
continue going into the home and 
counselling with the family. 

A court date was arranged for August 
4, 1976 but it was known that it would 
be necessary to adjourn the case. 
They had been served with Notices of 
Hearing on July 27. The parents said 
they understood why we would need a 
supervisory order and felt it was 
alright with them. On August 4, the 
worker visited the home and informed 
them of the new date for the court. 
Kim was observed as sitting beside her 
mother quietly watching t.v. On 



1819 



August 11, 1976 the worker was 
notified that the child had died and 
she was requested by Sarnia Police to 
go to the Sarnia General Hospital to 
identify the child. 

On August 12, the worker talked with 
the family on a home visit and was 
informed that the child had fallen 
from the patio. 

At this time, the case was being 
investigated by the Sarnia Police 
Department and it was no longer 
possible to talk with the family. 

On August 13, the supervisor with the 
help of the police, took the second 
child, Karie, into the care of the 
Society. As of December 1977, the 
child is still in the care of the 
Society. The parents had been 
convicted of manslaughter and the 
Society has a date of January 12, 1978 
at which they will request Crown 
Wardship on the child Karie Junior 
Popen. 

The father particularly has visited 
with the baby at the agency during 
this time and the mother has also 
visited on occasion when she has been 
in the city and not at the St. Thomas 
Ontario Hospital. All visits have 
been carefully monitored. 



1820 



SCHEDULE 2-Y 

Contentious Issue Report 
Re: Death of Child Kim Anne Marie Popen 

prepared by Child Welfare Branch, 
Ministry of Community and Social Services 
^dated December 12, 1977 



Issue Title : 

Death of Child 

Kim, Anne, Mane Popen b. January 11, 1975. 

Died; August 11, 1976. 

Issue Description : 

On June 17, 1975, the Children's Aid 
Society of the Lambton County received a complaint 
that Kim Popen was allegedly ill treated by her 
parents. The Society and the Police Department 
investigated but could not ascertain that the child 
was physically abused. However, it was observed that 
there was some faded marks on the child's body. At 
that poimt the Society decided to open the case and 
provide service on protection basis. 

On August 31, 1975 the St. Joseph Hospital 
in Sarnia reported that Kim was admitted with 
fractures and bruises. The Doctors in the Hospital 
examined the child and came to the conclusion that 
this was a possible battered child syndrome. X-rays 
revealed that Kim previously had a broken arm which 
was healed. The Society confronted the parents and 
they agreed that the child needed protection. Kim 
was admitted into the care of the Society on August 
31, 1975, and placed in a foster home where she 
remained until May 27, 1976. In the meantime the 
Police laid charges against the parents. There were 
several Court Hearings and adjournments, and on 
February 25, 1976, the Society was granted 6 months 
Society Wardship. At the same Court Hearing Mr. 
Popen was found guilty of child abuse and was put on 
one year's probation. The Court, also ordered that 
both parents take a Parent Effective Training Course 
and Mr. Popen would join A. A. 

During this period of time the Society 
visited the family on a weekly basis and found them 
to be very co-operative and willing to attempt to 



1821 



improve their family relationships. Mr. Popen 
stopped drinking and attained steady employment. 
However, Mrs. Popen got pregnant again and gave birth 
to a baby boy in July of 1976 . 

At the end of May 1976, the Society agreed 
that Kim would be returned to her parents before the 
new baby was born in order to provide a period of 
readjustment. 

After Kim was returned home the Society 
made regular visits and the time they saw the child 
was 7 days before her death and there was no evidence 
of neglect. Before Society Wardship for Kim was due 
for review the parents became somewhat withdrawn and 
less co-operative. Therefore, the Society was 
planning to ask the Court for a one-year supervision 
order, but the case was not brought before the Court 
as Kim died a few days prior to the Court Hearing. 

On August 11, 1976, Kim Popen, 19 months 
old was brought to the Sarnia General Hospital where 
she died shortly after her arrival. The Police were 
informed and the parents were subsequently charged 
with manslaughter. Two days after Kim's death their 
second child Karie, 2 months old was taken into the 
care of the Society and made a Society Ward. 
Further, review of Society Wardship will take place 
in January of 1978. 

Proposed Response ; 

Both parents have been found guilty of 
manslaughter and are presently in custody. They will 
be sentenced on December 21, 1977. 

When Society VJardship for Karie, born July, 
1976, is reviewed in January, 1978, the Society is 
planning to ask for Crown Wardship. 

The Staff of the Child Welfare Branch are 
discussing with the Societies the present policy and 
procedures regarding protection of children in their 
own home while under supervision of the Children's 
Aid Society. 



1822 



UPDATE - FEBRUARY 11, 1978 

On December 22, 1977, Mrs. Jennifer Popen, 
eighteen, was sentenced to seven years to be served 
in a Psychiatric Hospital in St. Thomas. Mr. 
Annal(sic) Popen, 38, received a one year sentence to 
be served in ^ail. An appeal has been launched by 
Mr. Popen. 

The Board of Directors of the Children's 
Aid Society of the County of Lambton at their meeting 
on December 15, 1977, passed a motion to request that 
a review committee of three social workers be 
appointed to review this case in detail. Such a com- 
mittee was appointed and an investigation conducted 
on January 25, 26, and 27, 1978, in Sarnia. 

The committee was headed by Mrs. Margaret 
Farina, Deputy Director of the Ontario Association of 
Children's Aid Societies. Other members were: Mr. 
Bruce Heath, Field Consultant, Child Welfare Branch 
of my Ministry and Mr. Arnie Petersen, Director of 
Resource Services for the Family and Children's 
Services of London and Middlesex. 



1823 



SCHEDULE 2-Z 

Comparison of 1977/78 budgets for Children's Aid Society, Sarnii 
prepared by William Lovatt, November, 1977 and February, 1978; 
Ministry, January, 1978; McCabe and Zwerver, June, 1978 



Exhibit # 



139 



140 



109 



110 



Category of 
Expenditure 



Lovatt Ministry Lovatt McCabe-Zwerve 

Budget Letter Budget Budget 

NOV./77 Jan./78 Feb./78 June/78 
$ $ $ $ 



Salaries 


412,000 


336,486 


387,000 


408,975 


Employee Benefits 


41,200 


40,378 


42,000 


49,077 


Building Occupancy 


30,000 


30,000 


30,000 


32,500 


Office Expenses 


18,000 


18,000 


18,000 


21,965 


Training, Education 










and Conference 


1,800 


1,800 


1,800 


3,000 


Promotion and 










Publicity 


1,000 


1,000 


1,000 


1,000 


Purchased Services 










(non-medical) 


12,000 


9,540 


12,000 


23,070 


Travel 


30,000 


24,518 


26,000 


30,000 


Boarding Rate 










Payments 


295,000 


286,907 


280,000 


300,138 


Health and Allied 










Services 


6,000 


6,000 


6,000 


8,500 


Food Services 


- 


- 


- 


- 


Clients' Personal 










Needs 


31,000 


25,173 


28,000 


30,014 


Emergency 










Assistance 


- 


- 


- 


500 


Miscellaneous 










Expenditure 


3,500 


3,500 


3,500 


3,500 


Total Expenditures 


881,500 


724,802 


835,300 


912,239 


Expenditure 










Recoveries 


25,000 


23,500 


23,500 


23,500 


Net Expenditures 


856,500 


701,302 


811,800 


888,739 


Allocation of 










Administration 










Net Program 










Expenditures 


856,500 


701,302 


811,800 


888,739 


Income Allocation 


35,000 


35,000 


35,000 


35,000 


Capital Costs 


- 


- 






Non-recurring Costs 


- 


- 






TOTAL 


821,500 


666,302 


776,800 


853,739 













1824 



SCHEDULE 3-A 

Involvement of Police or Crown Attorney 

from Guidelines for Practice and Procedure in 

Handling Cases of Child Abuse by O.A.C.A.S. 

dated July, 1976 



Although local situations vary, it is usual that the 
police or the Crown Attorney are notified in the 
following circumstances: 

1. Where a child has died. 

2. Where serious injury has occurred, e.g. loss of 
limb or organ or damage to the head. In general, 
this would include those serious injuries at the 
extreme end of the physical abuse continuum. 

3. Cases of sexual abuse. 

4. Where injuries are perpetrated by non-family 
members, e.g. babysitters, casual boyfriends, 
etc . 

5. Where abuse is non-specific, i.e. where the whole 
family, including all the children and the spouse 
are at risk and protection is required. 

6. Where child abuse is repetitious. 

7. Where the worker may require police protection. 
(Sec. 41). C.W.A. 

It should be remembered that when the Crown Attorney 
or the police are involved, charges may be laid by 
them, and the social worker may be called upon to 
give evidence. As in other instances, this evidence 
should be factual rather than opinion, and for that 
reason, notes should be taken which can be used in 
court. 

When a situation is referred to the police, the CAS 
continues to remain active and to use this referral 
in the way that court is often used - that is to 
focus the problem and to highlight for the parent the 
severity of the situation. Such involvement by 
authority should make it clear to parents that 
society in general will not tolerate their behaviour. 
The CAS's continued involvement should be supportive 



1825 



to the parents and should indicate to them the 
readiness of the society to help them to meet their 
responsibilities. 



1826 




t678 




ISBN 0-7743-7734-8 
ISBN 0-7743-7755-0