PUBLISHER'S NOTE: While on a brief respite when I was pursuing a literary assignment, a major story broke in the pages of the Toronto Star. The story, by Legal Affairs Reporter Jacques Gallant, 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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PUBLISHER'S NOTE (2): It appears that Nicole Walton-Allen was licenced to practice only in the area of school psychology. However a judge found that she had repeatedly represented herself as a clinical psychologist in order to increase her credibility as a mental health professional in child protection cases. Although this may well be a matter for her regulatory body, I don't think we should let off the hook the lawyers on the 'other side' who should have investigated Walton-Allen's credentials thoroughly as part of their duty to their client - and who also had a duty to cross-examine her thoroughly as to her credentials on the qualification hearing. In the vast portion of Charles Smith cases, defence lawyers failed to contest Smith's qualifications and judges failed to exercise their gatekeeper function. If only someone had put Smith through the type of investigation their clients deserved, multiple wrongful prosecutions and convictions could likely have been avoided.
Harold Levy: Publisher; The Charles Smith Blog.
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PASSAGE OF THE DAY: "According to the College of Psychologists of Ontario, Walton-Allen is authorized to practise only in the area of school psychology. And yet the judge found she has repeatedly presented herself as a clinical psychologist to increase her credibility as a mental health professional in child protection cases. The college says it does not set out specific qualifications or experience necessary to perform a particular type of assessment because the profession is engaged in a wide variety of fields. Fair enough. But one would expect Ontario’s child protection legislation to spell out who should be conducting parent capacity assessments, especially since judges rely on them in their decisions. Apparently it does not. That should change. Queen’s University law professor Nicholas Bala, a leading authority on child and family law, says court-ordered assessments in child protection cases are “among the most challenging forensic assessments that mental health professionals undertake” and can be heavily relied on by the courts. Since 2008, Bala has been calling for the province to set up an independent body to set standards and ensure ongoing training of mental health professionals who conduct these critical assessments and give evidence in court. It’s time for the province to act."
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EDITORIAL : "Let’s have an independent review of child protection cases," published by The Toronto Star on August 5, 2019.
GIST: "No
child should have to endure abuse, neglect or worse at the hands of
their parents. For that very reason we give children’s aid societies
broad powers to investigate and remove children from homes where they’re
deemed to be at risk. The courts play an important check on that
extraordinary power by ensuring child protection workers have obtained
the necessary evidence to intervene, including expert assessments of
parents’ ability to care for their children. That is why it’s
troubling to learn that a psychologist who completed more than 100
parent capacity reports for Ontario children’s aid societies has been
found to be unqualified to perform the work. As reported by the Star’s Jacques Gallant,
a recent Ontario Court ruling found psychologist Nicole Walton-Allen
lied about her credentials and did not have the necessary expertise to
make findings of parenting capacity. The psychologist, who has
offices in Hamilton and Etobicoke, “intentionally misrepresented her
qualifications” since at least 2009, Ontario Court Justice Penny Jones
said in a December decision. In the case, Walton-Allen had given an
expert opinion supporting the Halton children’s aid society’s request
that a mother’s five children should be placed in its extended care. Walton-Allen
testified that she had completed about 100 parenting capacity
assessments going back to 1992 — some of which recommended that children
be permanently taken from their parents and placed for adoption. According
to the College of Psychologists of Ontario, Walton-Allen is authorized
to practise only in the area of school psychology. And yet the judge
found she has repeatedly presented herself as a clinical psychologist to
increase her credibility as a mental health professional in child
protection cases. The college says it does not set out specific
qualifications or experience necessary to perform a particular type of
assessment because the profession is engaged in a wide variety of
fields. Fair
enough. But one would expect Ontario’s child protection legislation to
spell out who should be conducting parent capacity assessments,
especially since judges rely on them in their decisions. Apparently it
does not. That should change. Queen’s University law professor
Nicholas Bala, a leading authority on child and family law, says
court-ordered assessments in child protection cases are “among the most
challenging forensic assessments that mental health professionals
undertake” and can be heavily relied on by the courts. Since
2008, Bala has been calling for the province to set up an independent
body to set standards and ensure ongoing training of mental health
professionals who conduct these critical assessments and give evidence
in court. It’s time for the province to act.The Halton mother,
whose two youngest children were returned to her care after the December
ruling, filed a complaint against Walton-Allen with the college last
fall. In light of Justice Jones’s damning findings, the college should
expedite its investigation and proceed to a discipline hearing. The
Ontario Association for Children’s Aid Societies, which represents the
province’s 50 privately run societies, has instructed its members to
stop using Walton-Allen’s services. But it should also make sure all
mental health professionals doing this work are properly qualified. Meanwhile,
the province should launch an independent review of Walton-Allen’s
child protection cases to see how many decisions were based solely or
largely on her opinion. The review should probe systemic issues
including how assessors are chosen, what practice guidelines are needed,
how much weight a court should place on assessments, and what
qualifications are required to do the work As retired Justice
Judith Beaman notes, parent capacity assessments are “often the kiss of
death for parents.” Beaman led the 2016 commission into the Hospital for
Sick Children’s Motherisk lab scandal,
in which improperly tested drug and alcohol hair samples were admitted
as evidence in thousands of child protection proceedings. The
Walton-Allen case is yet another blow to public confidence in Ontario’s
child welfare system."
The entire editorial can be read at:
The entire editorial 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;