Unbelievable Decision In A Provider's Small Claims Case!

[NeedaVaca]

I totally hear you and yes, there are a lot of crazy people out there. I generally don't believe a LOT of what I read online but this one...I don't know, she's posted on the forum multiple times in different threads leading all the way up to the event, it's on her personal facebook page and she did have a professional looking daycare website. I will be curious to see if more comes of it.

[KiddieCahoots]

If it is true, the dcp's could have very good contacts that are helping them.

I hate to go there, but after my divorce with my ex husband, who's attorney was his God father, and all the crookedness that I witnessed, and was told by many other attorneys, that this happens all the time...nothing surprises me with some of the judicial system rulings now.

[Blackcat31]

I totally hear you and yes, there are a lot of crazy people out there. I generally don't believe a LOT of what I read online but this one...I don't know, she's posted on the forum multiple times in different threads leading all the way up to the event, it's on her personal facebook page and she did have a professional looking daycare website. I will be curious to see if more comes of it.

OP of this thread though is from the US and said the provider telling the story is from her home state.

The one I "think" you are referring to is from Daycare Bear......which is predominantly Canadian...

Like I said, one or all of these stories may or may not be true....there are just so many of them.

[Unregistered]

Does anyone think the Canadian lady is lying??? I've been following that one and it just seems..... Off.

[melilley]

Hey, BC, what are you talking about?????????

IF it's on the internet, it has to be true, RIGHT???

Bahaha

[Play Care]

I have seen those stories as well, the Canadian one bothered me because of the CPS factor, a story like that can make people leery of calling to report something. If it's not a true story then this provider is really going out of her way to lie because she has many posts about it. She has also stated she wants as many providers/forums as possible to know about it. I can't understand why she would go to those lengths if it wasn't true ya know?

I'm almost wondering if this is the provider equivalent of an urban legend. Unlike the usual morals (don't go parking with boys, don't go into the basement when babysitting, etc. :: ) this one seems to speak to providers usual fears - being stiffed, having CPS (or Canadian equivalent) come after you...Almost like "don't get too big for your britches" kind of moral...

If this is a true story, then we are providers should be receiving some guidance as to how to word contracts so that we are not losing in small claims, etc.

[NeedaVaca]

Well here is her post back in August 2013 about why she called CAS...this has been dragging out for a really long time. I read all of her threads and updates till current and think it does have some truth to it, obviously this is just her side of the story though. It could be that she had very bad luck with a judge, it does happen...

http://www.daycarebear.ca/forum/showthread.php/5511-Anyone-had-to-call-CAS

If you click on her user name you can see all of her posts to see what the outcome was and what happened leading up to it.

[deliberateliterate]

Well here is her post back in August 2013 about why she called CAS...this has been dragging out for a really long time. I read all of her threads and updates till current and think it does have some truth to it, obviously this is just her side of the story though. It could be that she had very bad luck with a judge, it does happen...

http://www.daycarebear.ca/forum/showthread.php/5511-Anyone-had-to-call-CAS

If you click on her user name you can see all of her posts to see what the outcome was and what happened leading up to it.

I think this one is legit. I've been following her story for a couple of years now. She's one my province wide FB group, asking people to write in to their local MPs (I guess like a Senator? I'm not sure of the US equivalent) with her story to hopefully gain some political support for her appeal.

[Unregistered]

I am that Canadian lady

Hi fellow providers, I just happened to come up on this forum and seen peoples post. I assure you that in fact I did make a referral to a society with regards to concerns I had and a judge did rule in the families favour. I lost my case because I didn't have great representation. He didn't even subpoena the worker to testify on my behalf. I actually just did an interview with a well know news channel in Toronto and the reporter is ordering the transcripts to support my claims. The story should air sometime early next week. On Monday or Tuesday. I hope then people will believe my story and ensure what happened to me will not happen to you. Thanks to all who have believed in me and supported me throughout this whole ordeal. I do understand how many believe the story is fishy...it's because it's so shocking.

[Unregistered]

Canadian lady

I also just wanted to add that like another person posted I did ask providers to write letters to be sent to MPPs and I asked for people to directly email the Children's aid supervisor to voice how the ruling in my case would impact them and their decision to ever report suspicions. If I were lying and making up this story one can easily look up the contact info of the email I provided and see for themselves that the person is in fact an employee of CAS.
Tbh my intentions was to gain support from fellow supporters and to educate them on this possibly happening to them as crazy as it seems. I'm kind of hurt that many believed that my story was one big plot to gain attention.

[Unregistered]

Canadian lady please don't be offended. Unfortunatley in this day and age anyone can say anything and sometimes even though it sounds out if this world it is true. But how are others to know??? People may want proof to back up what you say. It in no way means disrespect. Will you post links to the interview when it is available on the net?? I am not from canada and likely won't be able to see it otherwise.

[Unregistered]

Yes I guess you are right. I myself may perhaps feel as other do...without knowing all the details. I will most defiantly post the links of the interview. People need to be aware of loop holes in the (CFSA) child and family services act of Ontario. I know that this case also could set a precedent in other provinces and perhaps even in the States since it can now be used as case law. I am now concentrating on advocacy and putting pressure on the government to change the legislation.

[Blackcat31]

Canadian lady please don't be offended. Unfortunatley in this day and age anyone can say anything and sometimes even though it sounds out if this world it is true. But how are others to know??? People may want proof to back up what you say. It in no way means disrespect. Will you post links to the interview when it is available on the net?? I am not from canada and likely won't be able to see it otherwise.

I agree, without YOUR side (Canadian provider) of the story, we only know what has been spread around the internet and have no idea how to know what is and isn't truth.

Yes I guess you are right. I myself may perhaps feel as other do...without knowing all the details. I will most defiantly post the links of the interview. People need to be aware of loop holes in the (CFSA) child and family services act of Ontario. I know that this case also could set a precedent in other provinces and perhaps even in the States since it can now be used as case law. I am now concentrating on advocacy and putting pressure on the government to change the legislation.

I am glad you are doing something positive with this but it's important to remember that US courts are a lot different than Canadian courts and if I had a dispute with a DCF, I would use conciliation court (small claims court) and most conciliation courts don't allow the use of an attorney or allow defendants or plaintiffs to have an attorney in court with them. We can consult one but that's it.

The way the child care system works and functions in Canada is so much different than the US and then in the US each state is vastly different too so...


HOWEVER~ It would be super enlightening and informational if you would consider registering with the forum and posting YOUR side of this story. We have lots of Canadian forum members and I am betting every single one of them would love to hear what really happened from the person it happened to.

[Unregistered]

I'm not sure I want to register ATM, however I will say a bit about my story.

In 2013 I had a child in my care that I was concerned about, IMO there was a pattern of neglect and I reported my suspicions after voicing my concerns and see no change. The CAS did an investigation. I took the family to court for stopping a payment on services rendered and they ended up counter using me for emotional harm because of my report.

We had trial and In the (CFSA) basically states that no action can be made against a reporter unless the report was made out of malice or had no reasonable grounds.

The judge in my case ruled that I didn't report out of malice but he believes that I did not have reasonable grounds for my referral. He ordered I pay over 13000$ in damages.

My paralegal IMO didn't represent me well, he did not subpoena the worker...I know with speaking with them during this whole ordeal would have testified on my behalf and would have stated that I had a duty to report and I had reasonable grounds and that a reporter does not need to be sure there is abuse/neglect that's the CASs job to investigate. I believe this is why I lost my case.

The CAS and other government agencies were shocked to learn about the outcome of my case and will be helping me advocate for change.

This pretty much sums up the case. I will post the link once the story airs, in the interview I do talk more about my suspicions.

[Blackcat31]

I'm not sure I want to register ATM, however I will say a bit about my story.

In 2013 I had a child in my care that I was concerned about, IMO there was a pattern of neglect and I reported my suspicions after voicing my concerns and see no change. The CAS did an investigation. I took the family to court for stopping a payment on services rendered and they ended up counter using me for emotional harm because of my report.

We had trial and In the (CFSA) basically states that no action can be made against a reporter unless the report was made out of malice or had no reasonable grounds.

The judge in my case ruled that I didn't report out of malice but he believes that I did not have reasonable grounds for my referral. He ordered I pay over 13000$ in damages.

My paralegal IMO didn't represent me well, he did not subpoena the worker...I know with speaking with them during this whole ordeal would have testified on my behalf and would have stated that I had a duty to report and I had reasonable grounds and that a reporter does not need to be sure there is abuse/neglect that's the CASs job to investigate. I believe this is why I lost my case.

The CAS and other government agencies were shocked to learn about the outcome of my case and will be helping me advocate for change.

This pretty much sums up the case. I will post the link once the story airs, in the interview I do talk more about my suspicions.

Wow! Do you guys have an option to appeal a ruling?

It sounds so simple so I am floored that the law regarding protection for mandated reporters was so blatantly ignored. :confused:

Are you registered with an agency or were/are you an independent provider (I can't remember what the difference is in Canada...sorry)

Also as an FYI, your identity would not be known (just your username) if you do decide to register AND as a registered member of the forum you would have access to the "off topic" area which is ONLY for registered members so no one unregistered would see anything you post.

If you decide to remain unregistered, that's cool too.