A review of more than 1,200 child welfare cases spanning 25 years has found that a now-discredited hair analysis
program in Toronto that tested for drug and alcohol use caused extensive — and potentially irreversible — harm to vulnerable families across Ontario.
The Motherisk Commission was set up by the provincial government to analyze legal cases involving flawed hair-strand drug and alcohol tests from a lab run by the Toronto Hospital for Sick Children.
Motherisk ran tests for provincial child welfare agencies. Many of the tests were flawed, yet they were still used to remove children from their parents' care.
In 2015, Justice Susan Lang concluded that Motherisk's tests were "inadequate" and "unreliable" for use in the thousands of child protection cases and handful of criminal cases in which they were submitted as evidence in Ontario between 2005 and 2015.
On Monday, Commissioner Judith Beaman concluded her two-year review that identified people involved in child protection matters who were impacted by a flawed Motherisk test dating back to 1990.
Dr. Gideon Koren, seen in 1999, retired from SickKids in 2015 when the hospital closed the Motherisk lab. (Rick Madonik/Toronto Star)
For her report, Beaman's commission reviewed 1,271 cases and decided 56 cases in Ontario had substantial impact. Of these, 12.5 per cent were Indigenous.
Four children have been returned to their parents, seven found legal remedy, and the rest are ongoing.
Motherisk commission reviewed 1,291 cases @CBCToronto. Testing was ‘unfair and harmful,’ according to commissioner Hon. Judith Beaman. pic.twitter.com/lWuFdN6f5Y
— @LisaYaxiXing
Last year, a joint investigation with CBC's Fifth Estate, Toronto Star and CBC Radio's The Current tracked the devastating result as families were broken up, children seized and irrevocably adopted out despite concerns from parents about Motherisk's testing long before the lab was closed for good.
One of the parents was Tammy Whiteman. The Ontario woman's fight to get her daughters back was initially unsuccessful in part because of what has now been determined to be faulty hair-strand testing done by Motherisk, which appeared to show she was a chronic alcohol abuser.
In the 56 cases where the tests had a significant impact on the outcome, "families were broken apart and relationships among children, siblings, parents, and extended families and communities were damaged or lost," Beaman said.
Their legal options depended on the stage of the case, she said.
"The laws and rules place limits on the ability of biological parents and other family members to appeal or challenge final orders about children," she said.
"Even where an appeal or challenge is possible, the court may decide that it is not in the child's best interest to alter their living or access arrangements. This means that even where the discredited Motherisk testing substantially affected the outcome of cases, the families will likely have difficulty bringing about a change in the children's situation."
The Motherisk saga has shown that the child protection and court systems must be more careful in how they use expert evidence, and that more supports are needed for families and communities, she said.
The commissioner issued 32 recommendations "as steps toward ensuring that no family experience similar harm in the future."
They include:
- Changes to legislation and rules on the use of expert evidence.
- Strengthening parent representation during child protection proceedings.
- More education for judges.
- The creation of family inclusive substance abuse treatment programs.
- Measures to address racism in the child welfare system.
She also recommended extending free counselling services to the affected families for three years on top of the two they have already been offered.
from CBC | Top Stories News http://ift.tt/2HLiijw
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