The Klima Family
667 Karlsfeld Road
Waterloo, ON
N2T 2V3
February 17, 2022
Re: Request of review by the Internal Complaints Review Panel
I hereby request a review of the entire file pertaining to our family as well as the specific parts highlighted in this complaint.
I specifically request a review of the:
- Reason and circumstance of apprehension as opposed to a less drastic form of intervention.
- Behavior by worker Patricia Murko and her false statements.
- Behavior of worker Amanda Robillard, including her breach of the CYFSA.
- Reasons for denying access to my children’s medical records for 6 months.
- The reasons behind FACS’s invitation for themselves to re-open the file after trial and their harassment of our family.
- The investigation after my son’s seizure on June 2, 2021, including breaching medical privacy by worker Jeff Smythe (supervisor Andrew Gaiger).
- Reasons for FCAS denying my request for correction of the records (other than their typos).
- FCAS refusing to acknowledge any wrongdoing and correcting their ongoing false “verified concerns” from December 2017 despite clear evidence that there had been no abuse/neglect in the first place and their lack of any evidence to the contrary to this day.
Our family has been wrongfully accused of child abuse and harassed by the Family and Children’s Services of the Waterloo Region from December 2017 until August 2019, from March 31, 2021 to May 28, 2021 and briefly from June 2, 2021 to June 14, 2021.
December 2017 until June 2018
Our preemie twin baby son Eduard, suddenly collapsed at home when he was 8 weeks old (3 weeks old of adjusted age). We provided him with CPR and called 911. He was transported to the ER at Grand River Hospital in Kitchener. The attending doctor, drDr. Jodi Rosner, failed to provide him with adequate care. She ignored panic high white blood cells flagged by the laboratory and the nurse’s note that a white thick liquid is being sucked out of his lungs. Both of these facts point to him having pneumonia that sadly developed into sepsis and a condition called Disseminated Intravascular Coagulation (DIC), which caused clotting in throughout his body, including his brain. The result was multiple strokes, seen on his MRI that was done later that night after transport to McMaster hospital.
Instead of concentrating on his pneumonia and developing sepsis, drDr, Rosner concentrated on the multiple occult (non-clinical) healing fractures (and one acute fracture) found on discovered from his chest X-ray. Since we could not provide any explanation for these fractures, as he had not suffered any injury and had passed all well-baby exams, drDr. Rosner notified Family and Children’s Services.
While I was attending to my sick baby in the hospital, supported by my friend Maria Lungu, a child protection worker called by the name Patricia Murko came to our house to apprehend our children (Eduard’s twin sister, Amalia, and big brother, Tony). She asked my husband whether we have any family or friends who could be the safe place for our children until there’s an explanation for the fractures. My husband told Patricia Murko to call and ask me. She called me to the hospital and told Soon after, I received a call from Patricia who informed me that our children are being apprehended. I did not know the word “apprehended”, but when I understood from context what she meant, I was in utter shock. She failed to ask me about the possible place of safety despite the fact that one of my friends was supporting me in the hospital and confirmed to Patricia Murko, that her family will be providing a safe space for our children until the matter is explained.
Both me and my husband and I have always been caring and loving parents to our children., we We have zero history of any problematic behavior, and no history of FCAS or police involvement. My husband has a well-paid paying full-time job, while I was a stay-at-home mother with my babies. I nursed was still nursing both of them the twins at the time of the apprehension.
I understand now that apprehension is a tool used by Family and Children’s Services in the most severe circumstances where no other intervention is quite enough. This situation was not one of them and FACS Waterloo failed in their judgment.
While I acknowledge that discovering multiple healing fractures that parents do not even know about is a reason for concern, other factors ought to have been taken into consideration before resorting to the action taken. It was apparent the fact that the family is non-problematic, the baby had been seen during to several regular well-baby check-ups that he had passed with no concerns with no notice for concernand that right in the hospital, and the level of support our family received while our child was in the hospital, family supports came to be at the family’s side are all great indicators of the fact, that apprehension is not the right tool to use.
Specifically, FACS could have arranged for a 24/7 supervision at ourt house and if that was not to their satisfaction, . Tthey could have arranged a supervision in at our friend’s house. We had two families lined up right away and ready to take responsibility when Patricia Murko came to our house. FACS could have taken a whole list of other steps, which they failed to dohad an array of options to implement, but failed to take them into consideration.
I request that the apprehension of children from a non-problematic family (as opposed to any other steps) and the circumstances of the apprehension itself (over the phone, after speaking with a family friend who offers a safe space) are thoroughly reviewed. Patricia Murko abused the power invested in her by the Ministry, as she failed to take the least intrusive step to provide a safety place for a child with (at that time) unexplained healing fractures in a situation where the family had friends who offered their home. Murko lied about this in the CPIN documents (attached).
Our baby son was transported to McMaster hospital and FCAS-contracted Child Advocacy team member, Dr.KathleenDr. Kathleen Nolan, got involved. She requested to see our baby daughter and older son the next day. Our baby daughter, our fractured baby’s preemie twin sister,, twin to our preemie baby, was also found to have a number of occult (non-clinical) healing fractures. She, too, had passed all of her well-baby check-ups. Our older eldest son was found to have no issues at all and at 4-years-old, expressed having no concerns with us, his parents.
Instead of seeing the pattern of both preemie twins having bone health issues, Dr.NolanDr. Nolan concluded that the fractures cannot be caused by anything else other than repeated abusive behavior. This opinion was expressed despite the fact that our babies never showed any signs of having a symptomatic fracture (swelling, bruising, obvious pain, …), never showed signs of abuse and had passed all regular well-baby checkupscheck-ups. Dr.NolanDr. Nolan ignored our arguments and diagnosed child abuse right away. Our babies were seen by other doctors in the hospital, but for those appointments, they already came with the diagnosis stating: child maltreatment. Dr.NolanDr. Nolan failed to provide our children with extensive testing before diagnosing abuse. She is under investigation by the College of Physicians and Surgeons of Ontario.
My husband and I immediately requested our children’s medical records to ask for second opinions from outside the accusing hospital, whose staff was treating us with bias and contempt, after seeing learning the falsely coined diagnosis.
As our children’s guardians at that time, the Family and Children’s Services were the ones who were supposed to obtain the medical records and imaging from the hospital and upon our request share them with us. FCAS failed to do so for the length of their initial involvement (6 months). It is my belief that they did so purposefully, since it is not in their interest to have their contracted Children’s Advocacy doctor’s opinions challenged by experts from outside the accusing hospital.
It is clear from the CPIN records that the FCAS worker Amanda Robillard had obtained my children’s records from the hospital upon my request as soon as January 2018. However, FCAS failed to share the records with me up until March 2018 and then only under these conditions:
- The medical records were supposed to be reviewed in my lawyer’s office
- There were supposed to be no photographs taken of the records
- I was not allowed to use the medical records to obtain second opinions
- There was no imaging (X-rays, MRIs) to be reviewed
I request a thorough review of this discriminatory practice by FCAS Waterloo against the families they are supposed to serve. As a mother of a sick child who was searching for an actual diagnosis (and appropriate treatment) for her child that he was not getting at the accusing hospital, this practice is absolutely unacceptable and is a clear exhibit of the abuse of power that is common with FCAS workers.
Our family has learned that this medical misdiagnosies of child abuse by the Child advocacy doctors at McMaster associated with FACS Waterloo are not uncommon. Our family is in contact with the Schneider family whose daughter Zooey was misdiagnosed with child abuse while she was suffering from a genetic bone disorder and the Toth family, whose son has been misdiagnosed by the same team and despite their having 8 independent expert reports to the contrary, they are still being harassed by FCAS Waterloo as well. They have also reached out to the Ministry and executive directors and together, we will be bringing this type of harassment to the attention of the Ombudsman and law-makers. I urge the reviewers to check the episode of W5 called Dubious Diagnosis on the topic of misdiagnoses of child abuse by FCAS-Child advocacy at McMaster.
After apprehension, our children were placed with our friends, Veronika and Michal. FACS provided us with no plan of care. There were no steps that needed to be taken for a resolution. It was clear from it is not in the FCAS’s interest to “return” the children back into the parent’s care as soon as possible.
I request a thorough review as to why the FCAS workers failed to provide us with a plan of care with specifically stated steps leading to the return of our children. I also request an explanation as to why the FCAS workers/supervisors failed to offer our family a Signs of Safety meeting and it had to be us, the parents, who learned that this service exists and request one. It is my opinion that FCAS workers do not take any steps upon which they could be held accountable – as are for example the steps outlined in a Signs of Safety meeting.
The child protection workers we were forced to deal with – specifically Patricia Murko and Amanda Robillard and their supervisor Heather Horn – showed significant lacks in judgment and behavior.
Patricia Murko claimed admits that our older child, she apprehended our eldest child, then just 4 years old, who was woken up by the night he was apprehended, woken up and taken by her, a complete stranger and taken from his home to our friend’s house, . Patricia Murko then claims that our son allegedly suddenly said, upon being asked how he was, that “Daddy squeezes the babies”. Patricia Murko not only failed to ask about specifics, like she is supposed to, but she also failed to stop her car and record the alleged statement. It is my sincere opinion that she completely made it up the alleged statement is a fabrication intended to fit the findings of multiple healing rib fractures in our preemie baby from several days earlier. Our son recanted this alleged statement several times, which was not reflected in either Murko’s or Robillard’s notes.
I request a thorough review of Patricia Murko’s unrecorded interview of my son alone in her car in the middle of the night, his alleged statement (that he recanted several times) and the fact that it got presented as fact in a sworn affidavit, while there was no evidence of it ever having existed in the first place.
On December 4, 2017, our older eldest son, Tony, was invited by Amanda Robillard for an interview at a family Centre Carizon. We, his parents, had not been informed that he was going to be taken there and that he was going to be interviewed. FCAS failed to inform us or our lawyer of this.
Our four-year-old son was interviewed for about an hour by Robillard and observed by Detective Michael Allison. Robillard and Allison had about ana 15-minute discussion prior to the interview and it is my opinion that they discussed the alleged “squeezing” allegation that Murko had camecome up with 3 days prior. Amanda Robillard testified at trial that she did not remember whether it was discussed or not. During the interview, Amanda Robillard kept asking leading questions (recording of interview and list of leading questions attached). She failed to stop and discuss individual occurrences of alleged “squeezing” that Tony was asked about. Towards the end of the interview, Robillard had another discussion with Detective Allison and then went on to try to steer Tony towards admitting that he had witnessed “shaking” by asking leading questions about hand positions and movement.
A complaint against Detective Allison and his failure to stop an interview where a 4-year-old was asked multiple leading questions has been filed with the Office of the Independent Police Review Director.
I request that Amanda Robillard’s interviewing technique is analyzed and she is educated on how to lead an interview with a child without asking them leading questions.
When our baby son’s medical condition improved and he was ready to be transferred from the PICU to the regular ward in the hospital, Amanda Robillard informed me that I won’t be able to stay at his bedside like I did in the PICU and breastfeed him/pump milk for him, . because I was further informed that I need to be supervised while staying with him and in the regular ward there is no constant supervision by the nurses like in the PICU. I protested against that and I was supported by the PICU nurse who refused to transfer Eduard unless I am able to stay by his bedside. A day into our stay in the regular ward I was informed by Amanda Robillard that I actually will not be able to stay there anymore unless I agree to be interviewed by detective Allison from the Waterloo Regional Police Department in Kitchener. By that point, both me and my husband and I had provided multiple interviews to multiple policemen. I told Amanda Robillard and her supervisor Heather Horn that that interview will be given under duress under the given conditions.
I request a review of Amanda Robillard’s and Heather Horn’s practices of conditioning breastfeeding parent’s stay with their sick baby by their agreeing to being interviewed by the police.
In December 2017, I met another mother, Monika Schneider, whoseSchneider, whose child had been misdiagnosed by the same Child advocacy team at McMaster hospital with child abuse and who was later properly diagnosed with having a genetic disorder called Osteogenesis Imperfecta (Brittle Bone Disease). She later complained to the College of Physicians and Surgeons of Ontario who decided that in case Osteogenesis Imperfecta is in the differential (possible) diagnoses, it needs to be tested.
I requested from the accusing doctor Kathleen Nolan that my son and daughter be tested for OI.
Dr.NolanDr. Nolan agreed to have my babies tested for OI (test is being done at a Bone health Clinic at Sick Kids Hospital in Toronto), yet she sent a requisition asking for a determination: “Are their healing fractures caused by OI or child maltreatment”. She failed to ask for an examination of any other possible causes of the fractures in the preemie twins.
Luckily, the Sick Kids radiologist Dr.ErikaDr. Erika Mann, raised a number of concerns about our babies’ bones that all pointed out to them having a metabolic disease (weak, demineralized bones that fracture asymptomatically through normal handling). Upon receiving the results, both drDr. Nolan and FACS worker Amanda Robillard failed to inform us of the radiologists’ findings.
I request that a review of how the results of findings that contradict the FCAS-contracted Child advocacy doctor’s diagnoses are shared with the parents and specifically, how and why Amanda Robillard and Heather Horn failed to inform the parents of the concerning radiological findings.
During this time, I kept requesting my children’s medical records, having myself familiarized with the long list of diagnoses that mimic child abuse and that should have been tested for a ruled out without concluding maltreatment and taking brutal steps like apprehension from loving parents.
FACS continued to deny me not only copies of, but even access to my children’s records.
I request an explanation as to why we were denied access to medical records that FCAS had available as soon as January 2018 up till March 2018 to review only and why we were completely denied copies of the records to be able to obtain second opinions from outside the accusing hospital. (attached is a CPIN copy confirming that FCAS had the records from the accusing hospital as soon as in January 2018).
In January 2018, my baby son woke up from his nap with the seams of his sleeper and his diaper leaving red marks on his skin. I took pictures of those red marks and when they did not disappear until the next day, I asked my friend veronika Veronika (the “kin”) to contact Amanda Robillard to tell her that I am taking hims to be seen by the family doctor. My concern was that he might be suffering from a blood clotting disorder (at that time, we have not had a chance to request second opinions regarding his brain bleed). Amanda Robillard refused my suggestion that to have my son will be seen by his family doctor and ordered us to drive him to the FCAS-contracted Child Advocacy doctor at McMaster. The accusing doctor Nolan was not available on that day, but according to the FCAS records, she informed another Child advocacy doctor of his her arrival and well as of his medical history history with our child and her misdiagnosis of child abuse.
My son was seen by drDr. Schindler, who concluded that the red marks that she started calling “bruises” – despite the fact the marks were not bruises – that obviously lined with the inseams of my sons’ sleeper and his diaper must have been caused by someone deliberately pushing those inseams into his skin. In fact, the redness was our baby’s reaction to the kin placement’s use of an aggressive mixture of vinegar and baking soda for washing clothes. This was the first time my son had even worn something washed by the kin placement, since I normally washed my children’s clothes at home in a gentle baby-friendly washing liquid.
Dr. Schindler ordered a full-body X-ray of my baby. I loudly strongly protested against that because not only were the marks not bruises and were perfectly lined with the inseams and diaper, my baby son had already been subjected to several rounds of full-body X-rays, last just two weeks prior.
I refused to have him subjected to further X-rays. Amanda Robillard got became very arrogant to the point of aggressive with me, she told me, verbatim that “you are not his parent anymore”, took him in his car seat and started walking away from me. I was shocked by the treatment and called my lawyer to discuss next steps. There was a conversation between the lawyer and Robillard. Robillard denied she had said “you are not his parent anymore” and lied that she said something \along the lines that FCAS has the decision-making power now. Trust me, when a mother is told “you are not his parent anymore”, she remembers that.
The misdiagnosed “bruises” completely disappeared the next day. My son wore other sleepers washed in a gentle liquid and never had the same issue again. Yet this did not raise any concerns as to whether the diagnosis of bruising was proper in the first place.
During this whole incident -in the hospital and afterwards- Amanda- Amanda Robillard was very arrogant, aggressively interviewing the whole family and kin placement on who was where and why. She clearly had in mind that the marks, labeled by her as “bruises” had to be caused by somebody. Robillard was especially suspicious towards my husband who was supposed to go swimming with our older son, but they changed plans and played at home that day).
I filed a complaint against Robillard with the Children’s and Family Services review Board. Robillard was found to have breached the Act, specifically section 120(4)4 by failing to hear the concerns of the Applicant regarding subjecting E (my son) to additional X-rays. Later, during the trial in 2021, in her witness statement, Robillard testified that she does not even recall reading my complaint. There were no steps taken by her supervisor Heather Horn to amend for the breach.
I request a review of this incident and a clear outline of how my complaint against Robillard (and the CFSRB conclusion confirming breach of the CYFSA) failed to be handled by her supervisor Heather Horn at all. What steps should have been taken and were not?
There was a meeting between Robillard and the FCAS-associated Child abuse paediatricians (of which Robillard failed to take notes as there are none in the CPIN records) and shortly afterwards, my husband got was criminally charged with child abuse against his baby son. The “bruises” incident was clearly the last straw.
I request a review of the notes (that FCAS failed to include with my copy of the records) by Amanda Robillard regarding the hospital meeting which directly preceded the criminal charges and explaining any direct connection between the two events.
My husband had to move out of our home and his release conditions included not being able to be in any contact with his children – not supervised, not even by phone or skype.
Our children returned into my care in May 2018 and although there was never any suspicion of abuse or neglect against me as a parent, FCAS demanded a 9 month-long supervision order during which they came for regular visits. After the initial 9 months, they had requested another 6, without any reason for it.
June 2018 – August 2019
FCAS harassed us with further involvement via a supervision order they had requested, first for 9 months, then, without an explanation or concerns, for another 6 months.
I request a review of the reasons FCAS requested further supervision orders of our family.
I request a review of the reasons for a 15 month-long- supervision with zero evidence against any abuse/neglect of me as a parent. It is my belief that we were discriminated against based on our nationality (Czech) and the possibility that we might leave Canada.
After the Judge ended the FCAS’s involvement in August 2019, FCAS worker Magda Piasecki and supervisor Heather Horn suddenly sent us a letter in September 2019 stating that FCAS will get re-involved once my husband’s criminal trial ends.
March 31, 2021 to May 28, 2021
My husband’s criminal trial took place in February and March 2021 and he was fully exonerated of all charges.
A day after the end of the trial, a new FACS worker left voicemails on our private cell phones, demanding that we contact her. We did contact her the other day and requested that any and all communication be in writing.
She brought a letter to our house -house – with the nonsensical explanation that it was meant as a courtesy – while it was in fact a check on our whereabouts and a threat – that informed us that FCAS wanted to get re-involved with our family and discuss what the family life after exoneration might look like for our family.
We agreed to set up a Zoom call with the worker and her supervisor, Andrew Gaiger, only to be able to bring our lawyer and a number of support people and tell FCAS that we are not interested in any of their “services” that they are trying to push on us and that in case they have any concerns of abuse or neglect to take us to court. They did not and the file got was closed.
I request a review of this FCAS practice of inviting themselves to reopen a closed file without a specific concern for abuse/neglect.
June 2, 2021 to June 14, 2021
On June 2, 2021, our son had a seizure. We provided him with anti-seizure medication and called 911. After the 911 call, policemen came to our house, as evident that they had failed to erase their records against my husband after his exoneration. They accompanied us to the hospital and lied to the hospital staff by saying that our son had been a victim of child abuse before. Despite the fact that both the ER doctor and paediatrician clearly stated that there are no concerns for abuse or neglect and that this is a case of a medical seizure, the police officer who accompanied us, called FCAS.
This matter has been reported to the Office of the Independent Police Review Director and is being dealt with.
FCAS workers spoke to ER staff without my consent and to the overnight nurse without my consent. Neither of them raised any concerns whatsoever.
Despite this, the supervisor Andrew Gaiger decided that worker Jeff Smythe should be calling my son’s paediatrician in the community and ask him if he is indeed prone to having seizures. This constitutes a breach of his privacy, as it was done without our knowledge or consent.
This breach has been reported both to the Review Board (who confirmed that the FCAS’s explanation that the paediatrician was contacted within an “intake stage” is false, as reaching out to a paediatrician in the community 10 days after the ER visit is and “investigation stage” of which parents should have been informed.
This issue has also been reported to the IPC and is being dealt with.
June 2021 till today
FCAS Waterloo refuses to change their initial wrongful assessment despite the outcome of the criminal trial and 5 reports from doctors refuting the initial misdiagnosis of child abuse.
FCAS acts in bad faith, up till this day flagging a father, who had been falsely accused of child abuse of his own son by FCAS-contracted CAAP doctor Kathleen Nolan and fully exonerated of this charge in the family’s records and their system.
All references to the father having a “history of exploiting/abusing or neglecting” will be corrected in lieu of the criminal court outcome and medical expert reports from doctors unrelated to FCAS Waterloo providing medical reasons for the initial collapse and occult healing fractures of both twins.
Attachments:
…
Sincerely,
Barbora Klima Bratova, Petr Klima
At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )