b.c. ministry sued on behalf of teen assaulted as a baby by adoptive father
lawsuit filed in b.c. supreme court by 18-year-old alleges the ministry of children and family development breached duty of care it owed her as a baby, leaving her with lifelong damages
3 minute read
the british columbia supreme court.
darryl dyck
/
the canadian press
the b.c. agency that protects the interests of vulnerable children and adults is suing the ministry of children and family development on behalf of a teen who was assaulted by her adoptive father when she was an infant. the public guardian and trustee of b.c. is an independent corporation that protects the legal and financial interests of children when a parent cannot. it filed a notice of civil claim earlier this month on behalf of s.p., who turned 18 on oct. 22.
according to the claim, s.p.’s biological mother, a.p., had a history of drug and alcohol abuse and punched herself in the stomach during her pregnancy.
s.p. was born at risk for hiv and developmental delays because of prenatal drug and alcohol exposure, according to the claim. at 19 days old, she was placed in what’s called a “safe babies” foster home designed to care for newborns, but the foster mother asked to have s.p. moved because she was overwhelmed with caring for her.
the claim alleges that when s.p. was a year old, she was placed with an adoptive family. her adoptive father, g.r., who is also named as a defendant, was convicted of aggravated assault for punching s.p. during the two months she lived with her adoptive family, according to the claim.
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it says that g.r. and c.m., the adoptive mother who was also a.p.’s half-sister, took s.p. to the emergency department and claimed their four-year-old son had dropped her. the doctors suspected abuse.
s.p. eventually went to live with her maternal grandparents.
“the government entities allowed s.p. to be adopted and left in the care of c.m. and g.r. without appropriate supervision,” alleges to the lawsuit, which seeks damages for s.p.’s lifelong injuries.
the ministry director and ministry staff “failed to protect s.p from neglect, negligent care and physical assault by g.r.,” the claim alleges.
the claim says the adoption assessment of the common-law couple noted “concerns about g.r.’s disciplinary methods,” that g.r. appeared frustrated and raised his voice with his children and that he had scored three out of five on an assessment that showed concerns, including a history of substance abuse and violent abuse.
g.r. was unemployed and c.m. worked three jobs. the assessment noted g.r. was to be s.p.’s primary caregiver but it focused on c.m.’s parenting abilities and rated g.r.’s as “largely unknown.”
“the information obtained from these interviews and from the (assessment) showed … c.m. and g.r. were not suitable to adopt and care for s.p.,” the claim said.
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during november and december 2006, when s.p. lived with her adoptive family, c.m. called the ministry for additional support to assist with s.p.’s care but “no support was received,” the claim said.
c.m. told the ministry that she “had concerns that s.p. might not be safe in the care of g.r.,” the claim said.
during that time, the family got one visit by a social worker, another by an infant development worker and two phone calls from the gitxsan child and family services.
s.p. suffered physical and mental injuries that included injuries to her head and face and she was left with hearing difficulties and developmental delays, the claim said. they have caused her to suffer a loss of enjoyment of life and earning capacity, it said.
the defendants have not filed a response.
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