The mother, the child, the school board and the psychic

[Van Basten II]

CityNews Exclusive: The Mother, The Child, The School Board And The Psychic

Monday June 16, 2008

CityNews.ca Staff

Colleen Leduc already had a lot going against her. The Barrie woman was holding down a job while struggling to raise her autistic 11-year-old daughter. She couldn't afford to give the child the intensive therapy she needed, and was forced to send her to a public school in the area.

So she was completely unprepared for what happened to her and the youngster, an almost unbelievable tale of red tape involving a strange claim from a teaching assistant, a bizarre decision by a school board, a visit from the Children's Aid Society (CAS) and most improbably of all, the incorrect pronouncements of a psychic.

Leduc's weird tale began on May 30, when she dropped young Victoria off for class at Terry Fox Elementary and headed in to work, only to receive a frantic phone call from the school telling her it was urgent she come back right away.

The frightened mother rushed back to the campus and was stunned by what she heard - the principal, vice-principal and her daughter's teacher were all waiting for her in the office, telling her they'd received allegations that Victoria had been the victim of sexual abuse - and that the CAS had been notified.

How did they come by such startling knowledge? Leduc was incredulous as they poured out their story.

"The teacher looked and me and said: 'We have to tell you something. The educational assistant who works with Victoria went to see a psychic last night, and the psychic asked the educational assistant at that particular time if she works with a little girl by the name of "V." And she said 'yes, I do.' And she said, 'well, you need to know that that child is being sexually abused by a man between the ages of 23 and 26.'"

Victoria, who is non-verbal, had also been exhibiting sexualized behaviour in class, actions which are known to be typical of autistic behavior. (See other typical actions here) That lead authorities to suspect she had a bladder infection that may have somehow been related to the 'attack.'

Leduc was shaken by the idea. "It's actually your worst nightmare your child being violated," she admits. "So for them to even suggest that, and that be my worst nightmare, it was horrific."

But things got worse when school officials used the "evidence" and accepted the completely unsubstantiated word of the seer by reporting the case to Children's Aid, which promptly opened a file on the family.

"They reported me to Children's Aid," Leduc declares, still disbelieving. "Based on a psychic!"

The mom, who is divorced and has a new fiancé, adamantly denied the charges, noting her daughter was never exposed to anyone of that age. And fortunately she had proof. The mother was long dissatisfied with the treatment her daughter had received at the school, after they had allegedly lost her on several occasions.

As a result, the already cash strapped mom had spent a considerable sum of money to not only have her child equipped with a GPS unit, but one that provided audio records of everything that was going on around her.

So she had non-stop taped proof that nothing untoward had ever happened to her daughter, and was aghast that the situation had gone this far. But under the Child and Family Services Act, anyone who works with children and has reasonable grounds to suspect a youngster is being harmed, must report it immediately - and the CAS has an obligation to follow up.

And so a case worker came to the Leduc home to discuss the allegations of sexual misconduct, only to admit there wasn't a shred of evidence that anything had ever happened at all. They labelled Leduc a "diligent" mother doing the best she could for her child under difficult circumstances, closed the file and left, calling the report "ridiculous."

"It is highly unusual, I will admit, to have a case called in based upon what a psychic might say," concedes Sue Dale of the Simcoe County CAS.

And what does the admittedly red-faced school board have to say about all this? "I don't have the information yet, but when we proceed with our own investigation we'll know more about that," is all Dr. Lindy Zaretsky, the Simcoe County Superintendent, was willing to allow.

And what does the local board have to say about all this? "I don't have the information yet, but when we proceed with our own investigation we'll know more about that," is all Dr. Lindy Zaretsky, the Simcoe County Superintendent, was willing to allow.

But that wasn't the end of the story.

While the board agrees it may have overreacted, accepted a rather dubious source and misinterpreted the signs of the so-called abuse, Leduc is now more convinced than ever that her daughter isn't safe at the campus and that she needs more intensive therapy.

As a result, she's refused to send Victoria back to class - or to the educational assistant who allegedly started the entire chain of events in the first place.

As a result of her stress and the need to stay home with her daughter, Leduc is now unable to work, has no place to send her child for the rest of the year, isn't sure where she'll go when school begins in September and is seeking legal advice.

Her goal: get the board to pay for the IBI therapy she believes her child should have had in the first place. She wants them to foot the bill for the expensive treatment - it can cost more than $50,000 annually - at least for the rest of the semester.

But school officials have refused.

Asked if she feels whether her entire support system has been yanked away, her answer is succinct and simple. "Yep," she nods.

And you don't need a psychic to know what that answer means.

http://www.citynews.ca/news/news_23845.aspx

[paul secor]

There are too many bogus lawsuits out there, but it seems like there are grounds for a legitimate one here.

[Dan Gould]

Agree with Paul. Its staggering that presumably educated people like a Principal, Vice Principal, and teacher would react in this way to someone citing the advice of a freaking psychic as evidence that something had happened to this girl.

[RDK]

Good thing God himself didn't leave a message in the Cheerios!

[Jazzmoose]

I predict that I'll be shocked and disgusted the next time I read this article as well...

[BruceH]

You don't have to be psychic to be right about that.

[Tim McG]

Guys, this was reported to the mother because if it wasn't the school would be sued if it was true.

By law, we public educators are required to report any allegations of sexual misconduct, abuse, neglect or other child endangerment. We are compelled by the state education code or risk legal action and/or credential revocation. Right or wrong; true or untrue. Besides, if you will note, the allegations were made by a non-credentialed teacher's assistant. Typically, with not much more than a HS diploma.

It is the system, not the intelligence of the principal, vice-principal or teacher involved which caused this to happen. No other recourse is possible.

Bank on it.

Edited June 19, 2008 by GoodSpeak

[medjuck]

It's Canada. Laws are not enforced by lawsuit there as much as they are in the US.

[Dan Gould]

Guys, this was reported to the mother because if it wasn't the school would be sued if it was true.

By law, we public educators are required to report any allegations of sexual misconduct, abuse, neglect or other child endangerment. We are compelled by the state education code or risk legal action and/or credential revocation. Right or wrong; true or untrue. Besides, if you will note, the allegations were made by a non-credentialed teacher's assistant. Typically, with not much more than a HS diploma.

It is the system, not the intelligence of the principal, vice-principal or teacher involved which caused this to happen. No other recourse is possible.

Bank on it.

A statement by a PSYCHIC does not by statute constitute an "allegation".

Bank on that.

[John Tapscott]

Guys, this was reported to the mother because if it wasn't the school would be sued if it was true.

By law, we public educators are required to report any allegations of sexual misconduct, abuse, neglect or other child endangerment. We are compelled by the state education code or risk legal action and/or credential revocation. Right or wrong; true or untrue. Besides, if you will note, the allegations were made by a non-credentialed teacher's assistant. Typically, with not much more than a HS diploma.

It is the system, not the intelligence of the principal, vice-principal or teacher involved which caused this to happen. No other recourse is possible.

Bank on it.

A statement by a PSYCHIC does not by statute constitute an "allegation".

Bank on that.

I don't know the law, but that's what I was thinking, too. Psychics are nothing but frauds. Why does anybody put any store by these clowns at all? I could make 1,000 predictions too, and one of them might some day turn out to be true. We never hear about their 999/1000 blown calls. Well, I guess we have heard about this one.

[Tim McG]

Guys, this was reported to the mother because if it wasn't the school would be sued if it was true.

By law, we public educators are required to report any allegations of sexual misconduct, abuse, neglect or other child endangerment. We are compelled by the state education code or risk legal action and/or credential revocation. Right or wrong; true or untrue. Besides, if you will note, the allegations were made by a non-credentialed teacher's assistant. Typically, with not much more than a HS diploma.

It is the system, not the intelligence of the principal, vice-principal or teacher involved which caused this to happen. No other recourse is possible.

Bank on it.

A statement by a PSYCHIC does not by statute constitute an "allegation".

Bank on that.

Right.

Just like a kid who comes to school with a black-eye dosen't constitute an investigation into child abuse.

Tell you what...let me help you out here, OK?

al·le·ga·tion noun

1. the act of alleging; affirmation.

2. an assertion made with little or no proof.

3. an assertion made by a party in a legal proceeding, which the party then undertakes to prove.

4. a statement offered as a plea, excuse, or justification

You going to ignore the law, Dan? Take a chance on the kid's well being, perhaps? Gimme a break here, huh?

I think we can all be glad that you are not a public school educator or administrator.

Edited June 20, 2008 by GoodSpeak

[Tim McG]

Guys, this was reported to the mother because if it wasn't the school would be sued if it was true.

By law, we public educators are required to report any allegations of sexual misconduct, abuse, neglect or other child endangerment. We are compelled by the state education code or risk legal action and/or credential revocation. Right or wrong; true or untrue. Besides, if you will note, the allegations were made by a non-credentialed teacher's assistant. Typically, with not much more than a HS diploma.

It is the system, not the intelligence of the principal, vice-principal or teacher involved which caused this to happen. No other recourse is possible.

Bank on it.

A statement by a PSYCHIC does not by statute constitute an "allegation".

Bank on that.

I don't know the law, but that's what I was thinking, too. Psychics are nothing but frauds. Why does anybody put any store by these clowns at all? I could make 1,000 predictions too, and one of them might some day turn out to be true. We never hear about their 999/1000 blown calls. Well, I guess we have heard about this one.

And if the allegations are true and we don't report it....what then? Just let the kid suffer?

Be honest, John. Isn't it more important that the child is given first priority over any adult stupidity?

Edited June 20, 2008 by GoodSpeak

[Tim McG]

Uh...Dan?

Care to wager on a kid's well being at the expense of some idiot psychic?

Kids come first, Dan. Under any circumstances. Maybe that doesn't matter to you....I can only speculate, but it matters to us. Why this is such a puzzle or a bone of contention is beyond me.

More's the pity.

Edited June 20, 2008 by GoodSpeak

[Van Basten II]

Good Speak i went to a psychic and he told me that you had some links with Al Qaeda, because the protection of your country comes first, the FBI is on its way , have a nice evening

[Tim McG]

Good Speak i went to a psychic and he told me that you had some links with Al Qaeda, because the protection of your country comes first, the FBI is on its way , have a nice evening

I'll leave the porch light on.

[Jazzmoose]

Kids come first, Dan. Under any circumstances. Maybe that doesn't matter to you....I can only speculate, but it matters to us. Why this is such a puzzle or a bone of contention is beyond me.

More's the pity.

That's ridiculous. It's a puzzle or a bone of contention because it was a freakin' psychic, for crying out loud. This is pathetic. It doesn't have a damned thing to do with "kids come first". It has to do with a complete lack of both common sense and intelligence.

[The Magnificent Goldberg]

Kids come first, Dan. Under any circumstances. Maybe that doesn't matter to you....I can only speculate, but it matters to us. Why this is such a puzzle or a bone of contention is beyond me.

More's the pity.

That's ridiculous. It's a puzzle or a bone of contention because it was a freakin' psychic, for crying out loud. This is pathetic. It doesn't have a damned thing to do with "kids come first". It has to do with a complete lack of both common sense and intelligence.

Well, not sure either view is valid in this case. I gather this is Canada. Don't know the law there but surely the education authorities, whoever they are, have a duty to provide suitable education for a kid. It seems obvious that they weren't doing so in this case - the kid has needs that quite clearly aren't being met. Being taught in a school specialising in those needs would mean that even low grade teacher's assistants would know a thing or two more than this one apparently did.

MG

[Dan Gould]

Thank you VB and Mark.

As for Timmy's allegations about the law, let's see what happens with the young Mother. After all, if she sues, the school should have no problem getting it tossed immediately under the blanket immunity of "a psychic made an allegation, and we must by law respond to any allegation".

Care to wager on the outcome, Timmy?

[Niko]

Guys, this was reported to the mother because if it wasn't the school would be sued if it was true.

next law suit will come from other parents' whose child's name starts with "V" i guess

[BruceH]

Kids come first, Dan. Under any circumstances. Maybe that doesn't matter to you....I can only speculate, but it matters to us. Why this is such a puzzle or a bone of contention is beyond me.

More's the pity.

That's ridiculous. It's a puzzle or a bone of contention because it was a freakin' psychic, for crying out loud. This is pathetic. It doesn't have a damned thing to do with "kids come first". It has to do with a complete lack of both common sense and intelligence.

Exactimundo.

What next? Taking the legal advice of chicken entrails or tea leaves to find out what to do with a kid?

[Tim McG]

Kids come first, Dan. Under any circumstances. Maybe that doesn't matter to you....I can only speculate, but it matters to us. Why this is such a puzzle or a bone of contention is beyond me.

More's the pity.

That's ridiculous. It's a puzzle or a bone of contention because it was a freakin' psychic, for crying out loud. This is pathetic. It doesn't have a damned thing to do with "kids come first". It has to do with a complete lack of both common sense and intelligence.

We still are bound by law to report it, Jazzmoose.

The law doesn't make any distinction about the source of an allegation. We still have to follow up on it.

[Tim McG]

Kids come first, Dan. Under any circumstances. Maybe that doesn't matter to you....I can only speculate, but it matters to us. Why this is such a puzzle or a bone of contention is beyond me.

More's the pity.

That's ridiculous. It's a puzzle or a bone of contention because it was a freakin' psychic, for crying out loud. This is pathetic. It doesn't have a damned thing to do with "kids come first". It has to do with a complete lack of both common sense and intelligence.

Well, not sure either view is valid in this case. I gather this is Canada. Don't know the law there but surely the education authorities, whoever they are, have a duty to provide suitable education for a kid. It seems obvious that they weren't doing so in this case - the kid has needs that quite clearly aren't being met. Being taught in a school specialising in those needs would mean that even low grade teacher's assistants would know a thing or two more than this one apparently did.

MG

Thankfully this turned out to be a false allegation.

But, there again, the law clearly states we must report on all child abuse. Right or wrong; true or untrue. We face fine, imprisonment or job loss if we don't follow up on any allegation. It is the law.

To wit: California Penal Code Section 11166.5

"As a part of your official duties, you are required to report every instance of child abuse which becomes known to you or which you reasonably suspect to have occurred to a child with whom you have professional contact."

"Your failure to report instances of child abuse known or reasonably suspected to you is a misdemeanor, punishable by up to six months in jail or by fine of one thousand dollars or by both."

I think that's clear enough.

Edited June 20, 2008 by GoodSpeak

[Tim McG]

Dan....?

Ball's in your court.

[Aggie87]

To wit: California Penal Code Section 11166.5

"As a part of your official duties, you are required to report every instance of child abuse which becomes known to you or which you reasonably suspect to have occurred to a child with whom you have professional contact."

"Your failure to report instances of child abuse known or reasonably suspected to you is a misdemeanor, punishable by up to six months in jail or by fine of one thousand dollars or by both."

I think that's clear enough.

"REASONABLY SUSPECTED". I think a psychic's word isn't reasonable suspicion in this case.

[Dan Gould]

To wit: California Penal Code Section 11166.5

"Your failure to report instances of child abuse known or reasonably suspected to you is a misdemeanor, punishable by up to six months in jail or by fine of one thousand dollars or by both."

instances of child abuse known or reasonably suspected

What part of a "psychic said so" makes it a "reasonable suspicion"?

Proof that bureaucrats only know how to follow rules, not apply common sense. No teacher could ever be prosecuted by the letter of the law. They have an affirmative defense:

"A psychic says so does not constitute a reasonable suspicion, Judge."

"Correct. Case dismissed."