PUBLISHER'S NOTE: While on a brief break pursuing a literary assignment, a major story broke in the pages of the Toronto Star. The story, by Legal Affairs Reporter Jacques Gallant, (a very fine scribe) showed how a Canadian psychologist who was found by a judge to have misrepresented her credentials may have left a trail of broken families in her tracks. As the story notes: "A judge found Nicole Walton-Allen unqualified to complete a specialized assessment that is often “the kiss of death” for parents fighting to keep their children. She testified she has completed more than 100 since 1992." The story got me thinking about the now defunct Toronto Hospital for Sick Children hair drug and alcohol testing lab) - which also bore the taint of broken families. As the CBC's Fifth Estate noted - in connection with the October 20 episode, called 'Motherisk: Tainted Tests and Broken families' - "It seemed so perfect, so scientific - a hair test that could objectively determine whether parents of young children were abusing drugs or alcohol. But it turns out the 'Motherisk' hair testing was flawed, and improperly administered all across Canada over twenty years. The results were devastating. Families broken up, children seized and irrevocably adopted out. Of course, Motherisk has risen out of the ashes of the Charles Smith debacle which also was came to be characterized by the spectre of children being torn away from their innocent, loving parents and put up for adoption - all because of the flawed evidence of the former once revealed but now discredited Toronto Hospital for Sick Children pathologist. Both Smith and Motherisk began with a trickle but subsequently hair testing lab) involved into a flood of horrifying cases. As this could well happen with the Nicole-Walton story - indeed, there are already calls in the legislature for an independent inquiry, I will be following developments closely, beginning with this three part series. What better way to get back into action?
https://www.cbc.ca/fifth/episodes/2017-2018/motherisk-tainted-tests-broken-families
Harold Levy: Publisher: The Charles Smith Blog.
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PASSAGE OF THE DAY: "The big question is how did we let this happen?" said lawyer Tammy Law, head of the Toronto chapter of the Ontario Association of Child Protection Lawyers. Law is calling for a review similar to the Motherisk Commission, which had the power to access children's aid society and court files to review cases involving now-discredited drug and alcohol hair tests from the Hospital for Sick Children's shuttered Motherisk lab. The case, she said, suggests the problem is bigger than one psychologist, pointing to how the legal system, children's aid societies and lawyers in past cases all allowed Walton-Allen to give an expert opinion. "We're all implicated in this and we should do better," she said. Irwin Elman, the former Provincial Advocate for Children and Youth, agreed there must be a review into Walton-Allen's cases, as well as a broader public inquiry into Ontario's entire child protection system — something he has long called for.At best, the Walton-Allen case erodes public confidence in the child welfare system, he said."At worst it has deeply harmed children and their families."
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STORY: "Calls grow for independent review of child protection cases involving Ontario psychologist who 'misrepresented' credentials," by Legal Affairs reporter Jacques Gallant, published by The Toronto Star on August 2, 2019.
SUB-HEADING: "A judge found Nicole-Walton Allen unqualified to complete a specialized assessment that is often “the kiss of death” for parents fighting to keep their children. She testified she has completed more than 100 since 1992."
PHOTO CAPTION: "Irwin Elman, left, the former Provincial Advocate for Children and Youth, is calling for an independent review into psychologist Nicole Walton-Allen’s involvement in child protection cases. Retired justice Judith Beaman, right, has not recommended a review, but sees parallels to the Motherisk hair-testing scandal. "
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;
SUB-HEADING: "A judge found Nicole-Walton Allen unqualified to complete a specialized assessment that is often “the kiss of death” for parents fighting to keep their children. She testified she has completed more than 100 since 1992."
PHOTO CAPTION: "Irwin Elman, left, the former Provincial Advocate for Children and Youth, is calling for an independent review into psychologist Nicole Walton-Allen’s involvement in child protection cases. Retired justice Judith Beaman, right, has not recommended a review, but sees parallels to the Motherisk hair-testing scandal. "
GIST: "The Ontario government must launch an independent review into how a psychologist
found to have misrepresented her credentials was able to submit
assessments for years in child protection cases, say a growing number of
lawyers, advocates and politicians. The calls come in the wake of an ongoing Star investigation into
psychologist Nicole Walton-Allen, who a judge found in December had
"intentionally misrepresented her qualifications" since at least 2009,
passing herself off as a clinical psychologist when she is only
authorized to practise school psychology. Walton-Allen, whose company has offices in Hamilton and Etobicoke, testified in court that she had completed more than 100 parenting capacity assessments going back to 1992. Few records of her opinions are public, but the Star has found several cases in which Walton-Allen recommended children be permanently taken from their parents and placed for adoption. "The big question is how did we let this happen?" said lawyer
Tammy Law, head of the Toronto chapter of the Ontario Association of
Child Protection Lawyers. Law is calling for a review similar to the Motherisk Commission,
which had the power to access children's aid society and court files to
review cases involving now-discredited drug and alcohol hair tests from
the Hospital for Sick Children's shuttered Motherisk lab. The case, she said, suggests the problem is bigger than one
psychologist, pointing to how the legal system, children's aid societies
and lawyers in past cases all allowed Walton-Allen to give an expert
opinion. "We're all implicated in this and we should do better," she
said. Irwin Elman, the former Provincial Advocate for Children and
Youth, agreed there must be a review into Walton-Allen's cases, as well
as a broader public inquiry into Ontario's entire child protection
system — something he has long called for. At best, the Walton-Allen case erodes public confidence in the child welfare system, he said."At worst it has deeply harmed children and their families." Elman's office was abolished by the Ford government last year.
Its investigative powers were transferred to the office of Ombudsman
Paul Dubé, but not its advocacy mandate. (Through a spokesperson, Dubé
declined to comment on the need for a review.) Parenting capacity assessments like those prepared by
Walton-Allen are often "the kiss of death" for parents, retired justice
Judith Beaman, who led the Motherisk Commission for two years,
told the Star Thursday. "In so many of these cases, the parents are not
represented, so there's no one to challenge the evidence of these
experts." Beaman would not go as far as saying there should be an
independent review, but did point out that the assessments came up as a
concern during her work with the commission. There are parallels with the Motherisk hair testing example, she said."In
fact ... we discussed that the parenting capacity assessments are the
new Motherisk. We felt that there are many issues related to those that
would raise alarm bells." Beaman's commission was created through an order-in-council by
the previous Liberal government. Its mandate included leading a resource
centre to offer support and assistance to people affected by Motherisk
hair test results and reviewing child protection cases that may have
been affected by Motherisk over a 25-year-period. In the case of Walton-Allen's assessments, the Ministry of
Children, Community and Social Services has said it is working to
determine the scope of her work "and determine the potential next
steps." In a Thursday statement, the opposition NDP urged the Ford government to quickly launch a "Motherisk-style review." "It is incumbent on the government to call that review to ensure
that there is some trust put into a system that deals with our most
vulnerable families," NDP children and youth services critic Monique
Taylor told the Star. Law, the head of the lawyers association's Toronto chapter, said
any review must also analyze systemic problems in the child protection
system. For example, it should look at how assessors are chosen, whether
there should be mandatory guidelines for how they go about their work,
how much weight a court should place on an assessment, and whether it
should take specific qualifications to become an assessor, she said. Parents who were the subject of one of Walton-Allen's parenting
capacity assessments should also be able to speak to the commission in
closed-door hearings, she said. In the case that led to damning judicial findings against her,
Walton-Allen submitted a parenting capacity assessment supporting the
Halton Children's Aid Society's request that all five of a woman's
children be placed in its extended care. Novalea Jarvis, the lawyer for the mother, learned through the
College of Psychologists that Walton-Allen was only authorized to
practise in school psychology, despite materials — including her CV —
indicating she was a clinical psychologist. After Jarvis brought the issue to the judge's attention, Walton-Allen's report was thrown out last December. "My client and I believe that there needs to be an independent
review of all psychological and parenting capacity assessments
undertaken by psychologists (particularly Dr. Walton-Allen), in child
protection cases for the last 10 years at least, to determine whether
the assessors were authorized to practise in the areas of clinical
and/or clinical/forensic psychology and if they had the necessary
training, education and experience to conduct the assessment," Jarvis said Thursday. The Ontario Association of Children's Aid Societies — the
umbrella organization that represents the province's children's aid
societies — has so far refused to say when it became aware of Jones'
December ruling or whether it supports the calls for an independent
review. There's also the lingering question as to why the Halton
Children's Aid Society still wanted Walton-Allen's report admitted into
evidence in the December case, even after it was made aware of her
credentials. (Halton CAS deferred to the OACAS, which said Thursday it
will not comment on specific cases.) The association's CEO, Nicole Bonnie, has said it no longer
supports the use of Walton-Allen's services for parenting capacity
assessments, and that the association is "continuing to consult with its
membership to determine the best approach to support good outcomes for
the children, youth and families of Ontario."
The entire story can be read at:
The entire story can be read at:
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;
