Province sued by family of girl who died in kinship care
CBC News
Posted: Oct 20, 2011 8:25 AM MT
Last Updated: Oct 20, 2011 8:07 AM MT
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The family of a four-year-old girl who died in the government's kinship care program is suing the provincial government for $750,000.
The girl's 26-year old aunt pleaded guilty to manslaughter Monday. The court has heard that the little girl was covered in bruises when she was found dead on her bedroom floor. She had also suffered severe head trauma and had two broken ribs.
"Our whole family was torn apart," the child's grandmother told CBC News. "You know it's my son that lost his daughter and it's my daughter that's admitting to it. I feel torn."
Neither the victim nor her family can be identified under the province's Child, Youth and Family Enhancement Act.
The court has heard that the child's aunt, who had no children of her own, was awarded custody of her brother's six high-needs children — the youngest being three months and the oldest aged seven — by Alberta Children and Youth Services in August 2008.
In a lawsuit filed last January in Edmonton Court of Queen's Bench, the family alleges that placing the children with their aunt and her common-law husband was "inappropriate and negligent."
The family further alleges that the province failed to provide the couple with proper training and supervision, and that overworked provincial workers were unable to investigate their ability to provide care.
The lawsuit also alleges that the woman "physically, psychologically and emotionally" harmed all six children.
"The Crown is vicariously liable for the care provided to the children by [the woman and the her common-law husband] as the Crown's actions gave [them] the opportunity to harm the children and the harm occurred during the normal course of providing foster parent care to the children," the statement of claim says.
Children now with grandmother
The victim's father claims in the lawsuit that the government took his children away without first determining whether he could properly care for them. He says the children were apprehended after he asked child welfare for help after running into some short-term financial trouble.
The allegations in the lawsuit have not been proven in court. The province has not yet filed a statement of defence.
The grandmother now cares for her son's five remaining children. She is also part of the lawsuit filed against the province.
"They should be held accountable for the mistakes they made," she said.
The family wants $750,000 from the province to help them care for the rest of the children and to compensate them for grief and suffering.
The sentencing hearing for the victim's aunt will resume in Edmonton Court of Queen's Bench on Thursday.
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