Mom sues Alberta after son injured in foster care
By Karen Kleiss,
Edmonton Journal
EDMONTON — An Alberta woman and her two young sons are suing the province for $3.6 million after the boys were apprehended by the state and one of them suffered severe head injuries while in foster care.
A 24-page statement of claim filed May 12 alleges the family's rights under the Charter of Rights and Freedoms, the Alberta Bill of Rights and the United Nations Universal Declaration of Human Rights were all breached by provincial child welfare workers.
The mother and her two sons allege the government has ignored decades of reports detailing the failures of the child welfare system in Alberta, including low staffing levels, inadequate resources, poor investigations, unreasonably high caseloads and lack of accountability.
The claim also says the government has adopted a "bunker mentality" that "discourages criticism and encourages putting the interests of the Crown ahead of the interests of children and families."
Neither the woman nor her children can be named because the children have been in foster care and publishing their names is banned under the Child, Youth and Family Enhancement Act.
According to the statement of claim, the mother left an abusive husband in August of 2006 and started to experience financial troubles. She was living with her mother in Rocky Mountain House and she and her mother decided to call Children's Services for help. On Dec. 18, 2006, she signed an agreement with child welfare workers, but she claims the workers did not fully explain the implications of the agreement.
On Jan. 22, 2007, the workers apprehended the children, and in March they applied for a temporary guardianship order.
The children were put in foster care, and the claim alleges the workers failed to conduct an adequate review of the foster mother's ability to care for the children. The family also alleges workers failed to teach the foster mother how to soothe a baby and about shaken baby syndrome.
On June 2, 2007, one of the boys suffered severe brain damage while in care. The foster mother has been charged with aggravated assault in connection with the injuries.
The mother claims her costs have risen substantially in caring for her injured son, and that she can no longer work. She is seeking $2 million in special damages for the injured boy, $100,000 for the boy who was not injured and $1 million in damages for herself.
The claim also asks the court to declare that the province violated the family's rights and that two sections of the child, youth and family act are unconstitutional.
The allegations in a statement of claim have not been tested in court, and a statement of defence has not yet been filed.