[date] XXXX Xxxxxxx Xxxxx Rd. Xxxxxxxxxxxx, Ontario XxX xXx Tel

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[date]

XXXX Xxxxxxx Xxxxx Rd.

Xxxxxxxxxxxx, Ontario

XxX xXx

Tel: XXX-XXX-XXXX

Ontario College of Social Workers and Social Service Workers

250 Bloor Street East, Suite 1000

Toronto, Ontario

M4W 1E6

Telephone: 416-972-9882

Toll-Free: 1-877-828-9380

Fax: 416-972-1512

E-mail: info@ocswssw.org

Website: www.ocswssw.org

Attn: Chairman and the Board of Directors

Dear Members of the Board

RE: Unauthorized practice of social work by Ms. D.P. of the Family, Youth and Child

Services of Xxxxxxx and by other CAS workers province-wide

With the support of my family, my friends and my children, I, the undersigned, would like to file a formal complaint with the Ontario College of Social Workers and Social Service Workers (hereafter called the College) and ask that the College take the necessary actions against CAS worker, Ms. D.P.

as well as the Family, Youth and Child Services of Xxxxxxx to immediately curtail their unlawful practice of the regulated profession of social work.

The reason for this letter to be addressed to the attention of the Board as a whole is because I feel that the fundamental principles behind this individual complaint are so significant and potentially with such far reaching implications, that the Board should make itself intimately aware of the issues raised in this letter and the information that has been attached in support.

This complaint letter does not focus on the specific injustices involved in our family’s court matter involving the CAS worker as I do understand that because CAS worker, Ms. D.P., is not a member of the College that a complaint about her conduct and her individual actions as a non-member cannot be scrutinized by the College’s disciplinary body. Instead, this complaint focuses on the broader issue of the practice of social work by Ms. D.P. which she is engaged in with the knowledge and consent of her employer. In regards to the broader issue of the practice of social work, not only does the College have lawful jurisdiction to intervene but the duty to intervene in this matter. It would appear to me and others in our community that the College has failed in its mandate to protect not only my own family but other families in Ontario and by failing to do so has indirectly caused harm to children and families. The failure to protect the public by the College has caused significant harm to the reputation of the College itself.

In fact, the issue of unregulated CAS workers causing harm to children and families in a number of regions in the province of Ontario has resulted in numerous public protests in various communities in

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Ontario. Children are being denied access to see their friends because of the actions of unregistered

CAS worker, Ms. D.P. and her employer. Below are children protesting to see their friends along with dozens of other supporters that day. Dozens of protests have been held across Ontario about CAS with much of the injustices being perpetrated against members of the public by CAS workers who are practicing social work without being regulated by the College as required by law and without the

College taking action to protect the public’s interest.

Children stand up to protest CAS

The photo to the left shows three children taking to the streets to protest the CAS in their community. Unregulated

CAS workers took their friends away into isolation and will not let them see them. In the vast majority of cases, complaints by children and parents against CAS workers involve those workers who call themselves “child protection workers” and who are engaged in the unlawful practice of social work but who are not registered with the Ontario

College of Social Workers and Social Service Workers.

Photo: Canada by Court Watch

The justification for my complaint against the individual named and my request to have the College take action against this individual is based on the following:

1) That Ms. D.P, who is not a member of the College, did violate Section 46.(2) of the Social Work and Social Service Work Act, 199 S.O. 1998, CHAPTER 31

(referred to as the Act) which states:

46.

(2) No person except a registered social worker shall represent or hold out expressly or by implication that he or she is a social worker or a registered social worker. 1998, c. 31, s. 46

(2). and that by her actions and decisions which clearly show that she had engaged herself in the practice of social work contrary to the intent of Provincial legislation which was to regulate the practice of social work and to protect the public from unqualified and unregulated persons from engaging in the practice of social work.

2) That the Family, Youth and Child Services of Xxxxxxx has failed to exercise its due diligence to verify the qualifications of its workers and has permitted its workers to unlawfully engage in the regulated profession of social work under its corporate name.

3) That the Ontario College of Social Workers and Social Services Workers has the obligation and duty to take action. Under 3.(1) of the Act, the College’s primary duty under legislation is to serve and protect the public interest and under3.(2) of the Act was given the responsibility to regulate the practice of social work as part of its mandate to protect the public interest.

4) That the College does have the ability under legislation to take corrective action under section 54 of the Act which states:

Compliance order

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54.

If it appears to the College that a person does not comply with this Act or the regulations or the by-laws, despite the imposition of a penalty in respect of that noncompliance and in addition to any other rights it may have, the College may apply to a judge of the Superior Court of Justice for an order directing the person to comply with the provision, and the judge may make the order or any other order the judge thinks fit. 1998, c.

31, s. 54; 2006, c. 19, Sched. C, s. 1 (1).

5) That Ms. D.P. has misrepresented herself and brought discredit to the profession of social work and put the administration of Justice into disrepute and through her actions as a “child protection worker” with the Family, Youth and Child Services of Xxxxxxx has caused significant harm to our family, especially the three youngest members of our family who have been unable to have contact with their loving family members in spite of their own children’s lawyer stating that the children desperately want to see their family and friends.

The one most significant person involved in this injustice is CAS worker, Ms.

D.P.

Under the Social Work and Social Service Work Act it states:

Duty and objects

Duty to protect public interest

3.

(1) In carrying out its objects, the College’s primary duty is to serve and protect the public interest. 1998, c. 31, s. 3 (1).

Objects

(2) The College has the following objects:

1. To regulate the practice of social work and the practice of social service work and to govern its members.

CAS worker, Ms. D.P., has told to me that she can do all the social work she wants as long as she does not use the title of “social worker” on her business card nor does she have any desire to be a member of the College. Ms. D.P.s flawed reasoning is nothing more than a lame excuse to avoid regulation by the College and to be able to get away with causing harm in the public realm without having any regulatory body to make her accountable. Let’s not kid ourselves, many CAS workers in the province of Ontario are doing the same thing as Ms. D.P. and making the College and its Board look like a weak and toothless organization.

Please find attached a copy of a document titled, “ the unlawful practice of social work in Ontario by

CAS workers providing services to the public under false pretences.

” This document which was written by Child and Family Justice Advocate Mr. Vernon Beck from Canada Court Watch, covers the issue of the unlawful practice of social work in Ontario in reasonable detail. This document also clearly outlines the duty of the College to take corrective actions against those who unlawfully engage in the practice of social work. This document may also be downloaded off the internet at http://www.canadacourtwatch.com

In hindsight, I verily believe that if CAS worker, Ms. D.P. had been a member of the College and trained to the standards set down by the College and was aware that there was a disciplinary body to hold her accountable, that many of the injustices committed against our family by her would have never occurred. I verily believe that the failure of the College to exercise due diligence in fulfilling its duty to protect the public interest is partly to blame for the harm caused to my children and my family.

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In reality, CAS worker, Ms. D.P. has fully engaged in the practice of social work and continue to do so in a very significant way and her work has had profound negative impact on our family in addition to others in our community. The use of the title, “child protection worker” by Ms. D.P. which appears to be fully sanctioned by her employer, is clearly a misrepresentation which appears to be part of a strategy to have workers avoid registration with the College and to circumvent the intent of the Social

Work and Social Service Work Act (1998) which was proclaimed into law on August 15, 2000. The

Act was meant to protect children and families by regulating the practice of social work, with the

College being given the authority to regulate the practice of social work as part of its mandate to protect the public interest as outlined under the Act.

To believe that CAS worker, Ms. D.P. is employed in any other capacity except to apply her knowledge in social work as a professional social worker for her employer would simply not be believable.

Let’s not play with words. A person with a degree or certificate in social work who is hired as a professional and paid to provide what are considered social work services to members of the public is in fact a “social worker.” Changing the title on a business card does not change that.

It is clear that CAS worker Ms. D.P. has exceeded the authority granted to her under Section 40 of the

Child and Family Services Act as a child protection worker and that she has engaged extensively in the practice of social work in the full sense of its meaning. Ms. D.P has caused extensive harm to our family and as a result of what would appear to be her unlawful actions has brought disrepute to the profession of social work as well as the administration of Justice.

At this time I am requesting the College to undertake the following reasonable actions:

1) That CAS worker, Ms. D.P., be immediately advised by phone and with a follow-up letter that she must immediately cease and discontinue all activities which would be considered as be falling within the scope of the practice of social work until such time as she becomes a fully registered member of the College. At the same time a phone call should be made to her employer advising them as well.

2) That CAS worker, Ms. D.P., be advised that if she does not immediately discontinue all of her activities which are considered as engaging in the practice of social work, then the College will seek immediate remedy with the Superior Court of Justice by filing an application under Section

54 of the Act to ask that the Honourable Court stop Ms. D.P. from engaging in the practice of social work and to have her fined $1000 and her employer fined $5000 in order to send a message to others who are practicing social work unlawfully that the Ontario College of Social Worker and

Social Services Workers will stand firmly by its duty to protect the public’s interest by ensuring that CAS workers will not be allowed to unlawfully practice social work as they have getting away with for years. Authority to apply to the court for relief is outlined under section 54 of the

Act which reads as follows:

Compliance order

54.

If it appears to the College that a person does not comply with this Act or the regulations or the by-laws, despite the imposition of a penalty in respect of that non-compliance and in addition to any other rights it may have, the College may apply to a judge of the Superior Court of Justice for an order directing the person to comply with the provision, and the judge may make the order or any other order the judge thinks fit. 1998, c. 31, s. 54; 2006, c. 19, Sched. C, s. 1 (1).

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3) That the College send a letter to the Executive Director of the Family, Children and Youth

Services of Xxxxxxx, Mr. Mxxxx Rxxxxxxx, advising him that he must exercise greater due diligence and take immediate steps to ensure that any worker in the employ of his agency does not engage in the practice of social work unless they are registered with the College.

All the members of our family and others in the community have been adversely affected by the practice of social work by Ms. D.P. and Family, Youth and Child Services of Xxxxxxx. Members of the public now seek the protection of the College and expect the College to take the necessary steps to protect the public’s interest by putting an end to the social work activities of Ms. D.P. with the Family,

Children and Youth Services of Xxxxxxx. In light of the tremendous damage she and her employer have done to our family, they must be reined in and forced to abide by the laws of the province of

Ontario. The College is the only independent body with the current authority under law to take action in this area.

Please be advised that if the College does not take action to fulfill its duty to protect the public interest, then we along with others in our community intend to take the College to court for damages resulting as a result of the College failing to fulfil its primary duty under legislation which is to protect the public’s interest. We understand that any children involved in our community will have also have the right to take legal action against the College when they are of the age of majority.

I look forward to the College’s response in writing. I can assure you that a great number of concerned citizens in my community are waiting to see if the College will live up to its duty to protect the public’s interest. I am participating in collecting signatures on a petition to have CAS comply with the laws by being registered with the College.

Yours truly

Xxxxx Xxxxxx

Attachments:

1) The unlawful practice of social work in Ontario by unregulated CAS workers who provide services to the pubic under false pretence (48 pages)

2) Evaluation form to determine if a CAS worker would be deemed as engaging in the practice of social work (8 pages)

3) Sample signed petition sheets to the Ontario Legislature demanding that front line CAS workers be required to abide by the law and workers who practice social work be registered with the

College. cc: Canada Court Watch

Dalton McGuinty, Premier of Ontario

Norm Miller MPP

Andrea Horwath, M.P.P. Hamilton

Various members of the Provincial Legislature

Ombudsman of Ontario

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How to determine when an employee/agent of a child protection agency (CAS) in Ontario would be engaging in the practice of social work as defined under legislation in Ontario

Published by the Citizen’s Committee for Public Accountability

Feb 15, 2011

Evaluation form to determine when an employee/agent with a

Children’s Aid Agency in Ontario would be deemed as being a social worker under legislation

Date

Feb 15, 2011

Name and title of CAS employee/agent

Ms. D.P., Child Protection Worker

Employer’s name, address and contact information

Children’s Aid Society of Anywhere in Ontario

000 Anywhere Street

Any town/city, Ontario

X0X 0X0

Phone: (xxx) xxx-xxxx

1-800-xxx-xxxx

Fax: (XXX) xxx-xxxx

Information and/or materials upon which this evaluation has been based

1) Court documents in the family court matter of the Children’s Aid Society of Xxxxxxx v.

X.X. and X.X. – Court file No. FC-XX-XX-XX

2) Decisions of the Child and Family Services Review Board relating to the above matter.

3) Case file notes from the Children’s Aid Society of Xxxxxxx in relation to the family court matter.

4) Testimony of witnesses, family and friends of the children and family members involved.

5) Video testimony from the children recorded by independent third parties

6) Statements by the children’s lawyer verifying claims that the children’s rights to a relationship with their family are being obstructed by the actions of CAS worker Ms. D.P.

Instructions

To determine if a CAS worker/agent would be considered as engaged in the practice of social work in

Ontario under the Social Work and Social Services Work Act (1998) or is a social worker by implication, review all the areas of practice outlined in this document and check off all that are applicable. If any of the questions are marked “Yes”, then the CAS employee/agent would be considered as engaged in the practice of social work or is implying that he/she is a social work and therefore would be required under the Act to be registered with the Ontario College of Social Workers and Social Service Workers. The comments section can be used if needed to better explain how each question marked “yes” applies to the subject CAS employee/agent.

Practice of social work evaluation form

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Actions and/or activities of the subject CAS worker/agent which involve the practice of social work or imply that the person is a social worker

Has the subject CAS worker/agent identified themselves as a social worker or has the subject

CAS worker/agent presented themselves or implied in any manner which has caused another person to believe that the subject CAS worker/agent is a social worker or registered social worker?

Yes X No

Additional comments

CAS worker, Ms. D.P., reported that she attended university and held a degree in social work. In fact, on her business card, the initials, B.S.W. (Bachelor of Social Work) appeared under her name. Having the credentials of a social worker and working for the

CAS it was assumed by our family members that she must be a social worker. I also believed that because of the importance of child protection that CAS agencies would only hire properly qualified and trained social workers for such important work.

Could it be reasonably concluded that the subject CAS employee/agent has engaged in any action that would cause them to appear to take on the role of a social worker which under

Ontario Regulation 320/10 means “the role of a person who assesses, diagnoses, treats and evaluates individual, interpersonal and societal problems through the use of social work knowledge, skills, interventions and strategies, to assist individuals, dyads, families, groups, organizations and communities to achieve optimum psychosocial and social functioning.”

Yes X No

Additional comments

CAS workers, Ms. D.P., has been the primary CAS worker who has been given carriage of the child protection file and has taken on the role of one who has wrongly assessed and evaluated issues involving our family. Ms. D.P. has been the primary person who has made virtually all decisions upon which her employer has acted and her recommendations and interventions have been the most significant influence on court Orders affecting the family and forced unwarranted and damaging changes upon the family. While her actions were intended to help our family, her involvement has only made matters worse.

Could it be reasonably concluded that the subject CAS employee/agent has engaged in any decision-making or evaluation process using applied social work theory and principles which has affected, or potentially could affect, any individual who would be considered a client of the

CAS agency?

Yes X No

Additional comments

CAS worker, Ms. D.P. has been the primary CAS worker who has been given carriage of the child protection file. She has been the primary person who has made virtually all decisions upon which her employer has acted and her recommendations have been the most significant influence on court Orders affecting the family and forced unwarranted and damaging changes upon the family.

Practice of social work evaluation form

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Could it be reasonably concluded that the subject CAS employee/agent has engaged in any decision-making or evaluation process with the intent to improve the social relationships of any individual who would be considered as a client of the CAS agency?

Yes X No

Additional comments

CAS worker, Ms. D.P. claims that the purpose of the involvement of herself and the CAS is to protect the children and to improve the social relationships and functioning between the child and the parents.

Could it be reasonably concluded that the subject CAS employee/agent has worked with individuals, families, groups or organizations with the purpose to identify problems involving the social relationships and/or social functioning of persons within these groups?

Yes X No

Additional comments

CAS worker, Ms. D.P., had engaged herself directly with the children, directly with the parents, directly with school officials and with other professionals along with reviewing notes and information from various sources for the purpose of identifying problems.

Could it be reasonably concluded that the subject CAS employee/agent has worked with individuals, families, groups or organizations with the purpose to formulate solutions to the social relationships of persons within these groups?

Yes X No

Additional comments

CAS worker, Ms. D.P., had engaged herself directly with the children, directly with the parents, directly with school officials and with other professionals along with reviewing notes and information from various sources for the purpose of creating solutions. Her solutions have been forced upon the children and family members either by threats or intimidation or by making recommendations to the court.

Practice of social work evaluation form

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Could it be reasonably concluded that the subject CAS employee/agent has participated in any process intended to observe or to analyse and draw conclusions or to make recommendations about the personal interactions between one or more other persons?

Yes X No

Additional comments

CAS worker, Ms. D.P., has been involved in directly observing interactions between the father and his children during supervised access visits at the CAS offices. CAS worker,

Ms. D.P. has also been directly involved with the children and their mother at the home of the mother for the purpose of observing the children with their mother at the mother’s home.

Could it be reasonably concluded that the subject CAS employee/agent has participated in any decision-making or evaluation process which would involve the observation or analyses of the living conditions at the private residence of any person or family?

Yes X No

Additional comments

CAS worker, Ms. D.P., has been involved in visiting the mother’s home to observe and make notes about the living conditions inside of the mother’s home.

Could it be reasonably concluded that the subject CAS employee/agent has participated in any decision-making or evaluation process which has, or potentially could totally severe the relationship between one member of a family and another?

Yes X No

Additional comments

CAS worker, Ms. D.P., was the key CAS worker who made the determination that all access by the three children to their loving father, family and friends should be terminated.

Practice of social work evaluation form

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Could it be reasonably concluded that the subject CAS employee/agent has participated in any decision-making or evaluation process which has, or could potentially interfere with the reasonable wishes and preferences of any child?

Yes X No

Additional comments

CAS worker, Ms. D.P., has been the CAS worker responsible for the children’s wishes and preferences to see their father, extended family and friends. The children have reported on videotape, to friends and to their own children’s lawyer that they desperately wish to see their father, their extended family and their friends. Currently, their mother is preventing the children from exercising their rights under the Canadian Charter of Rights and Freedoms.

Could it be reasonably concluded that the subject CAS employee/agent has participated in any decision-making or evaluation process which has, or potentially could interfere with the reasonable wishes and preferences of a parent or other family members?

Yes X No

Additional comments

CAS worker, Ms. D.P., has been the CAS worker responsible for preventing the father, the extended family and friends of the children to see the children in the family matter.

Could it be reasonably concluded that the subject CAS employee/agent has participated in any decision-making or evaluation process which has, or potentially could affect the Charter

Rights and Freedoms of any another person(s)?

Yes X No

Additional comments

CAS worker, Ms. D.P., has caused the Charter Rights of the three children in this family law matter to be violated. Their rights to a relationship with their father, extended family and friends has been violated as a result of the actions and decision-making of Ms. D.P..

The children have been denied access to a phone to speak to friends and family as a result of the actions of Ms. D.P.in this matter.

Practice of social work evaluation form

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Could it be reasonably concluded that the subject CAS employee/agent has participated in any decision-making or evaluation process which has, or has the potential to affect the dynamics of the children, the child’s parents or any member of the child’s extended family?

Yes X No

Additional comments

The actions of CAS worker, Ms. D.P., while acting as a worker for the CAS, have adversely affected the children and severed the children’s relationship with their family and friends in contradiction of all evidence which shows that the actions taken by CAS workers are harmful to the children.

Could it be reasonably concluded that the subject CAS employee/agent has participated in any decision-making or evaluation process which has affected or has the potential to affect the dynamics of any child’s relationship with others in their community outside of the child’s family.

Yes X No

Additional comments

CAS worker, Ms. D.P., has caused the relationship between the three children involved in this family law matter and their closest personal friends to be terminated. The children involved have not been able to see their closest friends and have not even been allowed to call their friends by phone as a result of the involvement and subsequent actions of

CAS worker, Ms. D.P. during the course of her duties as a CAS worker.

Could it be reasonably concluded that the subject CAS employee/agent has participated in any decision-making or evaluation process which has resulted in a psychological assessment being either recommended or required for a client of the CAS agency?

Yes X No

Additional comments

CAS worker, Ms. D.P., was the worker who made the determination that the parents must see psychiatrists and be psychologically assessed. There was no evidence to justify such demands and access to the children has been terminated as a result of Ms. D.P.actions which amount to nothing more than a form of intimidation and control.

Practice of social work evaluation form

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Could it be reasonably concluded that the subject CAS employee/agent has participated in any decision-making or evaluation process or worked in an advisory capacity which has affected, or potentially could affect the policies or procedures of other organizations or institutions in a manner which could impact on the freedoms, rights or social interactions of others in society

(eg. School board policies/hospital board policies)?

Yes No X

Additional comments

It is not known if CAS worker, Ms. D.P. has been involved with any other organizations or institutions in any educational or advisory capacity.

Could it be reasonably concluded that the subject CAS employee/agent has participated in any decision-making or evaluation process which has caused or has the potential to cause another person to be required to engage in counselling (anger management, parenting, etc)?

Yes X No

Additional comments

CAS worker Ms. D.P. was the CAS worker who made the determination that the mother and father must seek counselling services. As a result of her recommendations this was made into a court Order without the parties realizing that she was engaged in the practice of social work without the lawful authority to do so.

Could it be reasonably concluded that the subject CAS employee/agent has entered a school to interview a child for the specific purpose of gathering information as part of an investigation into suspected child abuse?

Yes X No

Additional comments

CAS worker, Ms. D.P., has entered the school with police where the children involved in this family law matter attend and without the children’s informed consent proceeded to gather information from the children as part of her CAS investigation. This action by CAS worker Ms. D.P. has caused the children to subjected to unwarranted humiliation and embarrassment and their rights under the Canadian Charter to be violated.

Practice of social work evaluation form

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