A Calgary couple is devastated their one-year-old son died within days of being placed in a foster home and frustrated by the lack of answers from officials.
March 1, 2010 Announcement: Samantha Lauren Martin
The publication ban that is statutorily set by the Director for children who have received government support is considered waived with regards to Samantha Lauren Martin. On February 24th 2010, the Executive Assistant to Child & Youth Services' Minister, Yvonne Fritz, Ms. Margaret Molenkamp, verbally relayed that no ban is in place and that I am free to speak of my daughter. To ensure factual accuracy, I returned a follow-up letter to both the Minister as well as to Premier Ed Stelmach (as below). The Director chose not to respond, thus, the Government ban may be deemed legally waived. I will openly discuss details relating to my daughter, Samantha Lauren Martin, born June 4th 1993; who became an angel on December 3rd 2006.
Many recommendations were posed to Ministry regards to discerning the two groups. However, it is with great sadness that I relay, it was not until my child's death that Amendment was at last the catalyst to change in Alberta. Samantha passed on December 3rd 2006 and FSCD legislation was effected retroactive December 2006.
December 3rd 2009 marks the UN Convention on the Rights of Persons with Disabilities table in the House of Commons.
December 3rd is also a date of significance in the Province of Alberta, Canada. The life and circumstances surrounding Samantha Lauren Martin, a child with a rare chromosome disorder, *Tetrasomy 18p, led her mother, Velvet Martin, to challenge archaic laws inhibiting the rights of persons with disability & their families. Persistence resulted in the establishment of:
"Samantha's Law"
Amendment to the Alberta FSCD (Family Support for Children with Disabilities) Act, effective December 2006:
http://www.child.alberta.ca/home/527.cfm
Section 2-3, Manual Amendments: Policy and Procedures in Family Centred Supports and Services:
"The Family Support for Children with Disabilities Program to have separate legislation from that of child protection services."
In Celebration of the Importance of Life & Loving Memory of:
Samantha Lauren Martin, June 4, 1993 - December 3, 2006.
While I appreciate that the Ministry refers to our history as "a learning experience" for them. For us, the absence of our child will forever hold an empty space in our hearts and lives. The sole consolation that we may take is the hope that archaic perspectives towards individuals with disability may begin to change and with this - "Samantha's Law" - other loving families, their children and constitutional rights will better protected in the future.
Often, laws have the ability to set precedence and be instituted in neighbouring jurisdiction... This is our greatest hope for all: Recognition that our daughter's life held significance as she continues to live on by aiding others in need.
To further today's telephone conversation with the Offices of the Premier and Ministry of Children's Services: The Office of the Premier referred back to the Child & Youth Ministry; although on February 10th, the Ministry referred to an Information Officer, Bob Arsenault, who indicated that response should be achieved through the Premier. It is most challenging to effect answers when Senior Personnel within the Government do not establish appropriate communication protocol. Upon consultation with Margaret Molenkamp, Executive Assistant, I was informed that I may speak freely of my daughter, Samantha Martin. Thus, I will consider it accurate that the Publication Ban has been waived if I do not hear otherwise from the Director within 3 days. Samantha Martin resided within a foster establishment strictly as a means to access funding & services (as directed by Representatives of the Ministry) and did not - at any time - fit the mandate of an individual in need of "Child Welfare" defined by the Government of Alberta; so the decision to waive the ban is appropriate.
There remain 3 additional factors, however, that must be reviewed and responded to directly by Minister Fritz:
1/ The Director is responsible for the conduct of its employees. Therefore, the Minister is held responsible for its employees' failure to inform medical personnel and pursue needed intervention. The foster mother (name removed) and caseworker (name removed) - for treatment of conditions that prompted Samantha Martin's health collapse. Employees' behaviours need be consequenced appropriately and their ability to harm others eradicated.
Grievances before the Government of Alberta for the negligent treatment of our daughter, Samantha Martin, are not allegations, but factually based on evidence backed by hundreds of documents from medical and educational facilities. The Fatality Inquiry, we are informed, will not and cannot impose conditions of blame; thus, Justice is averted. *Who will take responsibility for the negligent actions that Samantha Martin suffered? Only the Government, acting on behalf of the Child can effect Justice.
*A powerful message must be relayed that zero tolerance will exist regards to negligence surrounding a child's care. Evasion of responsibility is completely unacceptable.
2/ Alberta Justice, Government-appointed solicitor (name removed) has proved unable to impartially present the case of Samantha Martin within the scope of a Public Fatality Inquiry. A lawyer, acting as an employee of the Ministry, is essentially self-examining its own wrong-doing and unable to respond freely from bias. Furthermore,(name removed) personal feelings towards individuals with developmental disability are both archaic and ethically unconstitutional: (Name removed) erroneously views persons with developmental delay as necessarily "suffering". To diminish a person, equating worthiness of life based upon preconceived notions of developmental ability is a serious breach of conduct. Reference to a child as "It" is a deplorable display that requires sanction.
3/ Though I have continuously devoted time and efforts to the Ministry assisting with internal review and strategic recommendations for policy amendment - which have been incorporated into legislation - no recognition follows. No apology, nor offer of restitution from the Government of Alberta. Not even a tribute for our daughter's life... " We, the victims, are left with unanswered questions. And, Samantha without a life. Samantha is deserving of a commemorative marker in her community where those who loved her may honour the significant impact of her existence. Implementation of the F.S.C.D. Amendment whereby children with disabilities shall be viewed distinctly from those individuals requiring protective services, I recommend, should be referred to in Legislation as "Samantha's Law".
ALBERTA AGAIN!!!!!!!!!!!!!!!!!!!!!!
ReplyDeleteMarch 1, 2010 Announcement: Samantha Lauren Martin
ReplyDeleteThe publication ban that is statutorily set by the Director for children who have received government support is considered waived with regards to Samantha Lauren Martin. On February 24th 2010, the Executive Assistant to Child & Youth Services' Minister, Yvonne Fritz, Ms. Margaret Molenkamp, verbally relayed that no ban is in place and that I am free to speak of my daughter. To ensure factual accuracy, I returned a follow-up letter to both the Minister as well as to Premier Ed Stelmach (as below). The Director chose not to respond, thus, the Government ban may be deemed legally waived. I will openly discuss details relating to my daughter, Samantha Lauren Martin, born June 4th 1993; who became an angel on December 3rd 2006.
Many recommendations were posed to Ministry regards to discerning the two groups. However, it is with great sadness that I relay, it was not until my child's death that Amendment was at last the catalyst to change in Alberta. Samantha passed on December 3rd 2006 and FSCD legislation was effected retroactive December 2006.
December 3rd 2009 marks the UN Convention on the Rights of Persons with Disabilities table in the House of Commons.
December 3rd is also a date of significance in the Province of Alberta, Canada. The life and circumstances surrounding Samantha Lauren Martin, a child with a rare chromosome disorder, *Tetrasomy 18p, led her mother, Velvet Martin, to challenge archaic laws inhibiting the rights of persons with disability & their families. Persistence resulted in the establishment of:
"Samantha's Law"
Amendment to the Alberta FSCD (Family Support for Children with Disabilities) Act, effective December 2006:
http://www.child.alberta.ca/home/527.cfm
Section 2-3, Manual Amendments: Policy and Procedures in Family Centred Supports and Services:
"The Family Support for Children with Disabilities Program to have separate legislation from that of child protection services."
In Celebration of the Importance of Life & Loving Memory of:
Samantha Lauren Martin, June 4, 1993 - December 3, 2006.
While I appreciate that the Ministry refers to our history as "a learning experience" for them. For us, the absence of our child will forever hold an empty space in our hearts and lives. The sole consolation that we may take is the hope that archaic perspectives towards individuals with disability may begin to change and with this - "Samantha's Law" - other loving families, their children and constitutional rights will better protected in the future.
Often, laws have the ability to set precedence and be instituted in neighbouring jurisdiction... This is our greatest hope for all: Recognition that our daughter's life held significance as she continues to live on by aiding others in need.
Sincerely,
Velvet Martin
February 24, 2010
ReplyDeleteDear Minister Fritz,
To further today's telephone conversation with the Offices of the Premier and Ministry of Children's Services: The Office of the Premier referred back to the Child & Youth Ministry; although on February 10th, the Ministry referred to an Information Officer, Bob Arsenault, who indicated that response should be achieved through the Premier.
It is most challenging to effect answers when Senior Personnel within the Government do not establish appropriate communication protocol. Upon consultation with Margaret Molenkamp, Executive Assistant, I was informed that I may speak freely of my daughter, Samantha Martin. Thus, I will consider it accurate that the Publication Ban has been waived if I do not hear otherwise from the Director within 3 days. Samantha Martin resided within a foster establishment strictly as a means to access funding & services (as directed by Representatives of the Ministry) and did not - at any time - fit the mandate of an individual in need of "Child Welfare" defined by the Government of Alberta; so the decision to waive the ban is appropriate.
There remain 3 additional factors, however, that must be reviewed and responded to directly by Minister Fritz:
1/ The Director is responsible for the conduct of its employees. Therefore, the Minister is held responsible for its employees' failure to inform medical personnel and pursue needed intervention. The foster mother (name removed) and caseworker (name removed) - for treatment of conditions that prompted Samantha Martin's health collapse. Employees' behaviours need be consequenced appropriately and their ability to harm others eradicated.
Grievances before the Government of Alberta for the negligent treatment of our daughter, Samantha Martin, are not allegations, but factually based on evidence backed by hundreds of documents from medical and educational facilities. The Fatality Inquiry, we are informed, will not and cannot impose conditions of blame; thus, Justice is averted. *Who will take responsibility for the negligent actions that Samantha Martin suffered? Only the Government, acting on behalf of the Child can effect Justice.
*A powerful message must be relayed that zero tolerance will exist regards to negligence surrounding a child's care. Evasion of responsibility is completely unacceptable.
2/ Alberta Justice, Government-appointed solicitor (name removed) has proved unable to impartially present the case of Samantha Martin within the scope of a Public Fatality Inquiry. A lawyer, acting as an employee of the Ministry, is essentially self-examining its own wrong-doing and unable to respond freely from bias. Furthermore,(name removed) personal feelings towards individuals with developmental disability are both archaic and ethically unconstitutional: (Name removed) erroneously views persons with developmental delay as necessarily "suffering". To diminish a person, equating worthiness of life based upon preconceived notions of developmental ability is a serious breach of conduct. Reference to a child as "It" is a deplorable display that requires sanction.
3/ Though I have continuously devoted time and efforts to the Ministry assisting with internal review and strategic recommendations for policy amendment - which have been incorporated into legislation - no recognition follows. No apology, nor offer of restitution from the Government of Alberta. Not even a tribute for our daughter's life... " We, the victims, are left with unanswered questions. And, Samantha without a life. Samantha is deserving of a commemorative marker in her community where those who loved her may honour the significant impact of her existence. Implementation of the F.S.C.D. Amendment whereby children with disabilities shall be viewed distinctly from those individuals requiring protective services, I recommend, should be referred to in Legislation as "Samantha's Law".
Sincerely,
Velvet Martin