In July 2003 the NZ Court of Appeal handed down a decision regarding the abuse by foster parents of foster children… ( S v Attorney General being one of the two cases in that decision ). Basicially, the NZ Court of Appeal saw fit to deem the State was not responsible for the acts of foster parents as foster parents were not employed by the State, but rather, were contracted as independent agents…Such an assertion is ludicrous to say the least, but served the State well in an effort to set a legal precedent for any future attempts by civil prosecuting Plaintiff’s ensuring, given the Appeal Court decision, the State would not be heldvicariously liable for the acts of State servants.

Another anomaly is given recent attempts by CYFS to state for one to complaint about services or conduct by CYFS employee’s, the employee must be a registered social worker…as in the so called “Code of Conduct” applicable for social workers.

There is also a “Code of Conduct” for State Services…or civil servants. Regardless of any employment position or title, ALL State employee’s are civil servants, therefore, registered social workers or not, are privy to comply with the code. Cheap lip service and a waste of paper in my and others view.

Sue Bradford and the NZ Green Party may also be well advised to disclose to the public of NZ the repeal of s59 in relation to the anti smacking amendment sought, this directive for action by Sue Bradford is not entirely her brainchild. As far back as 1997, the then Commissioner for Children in NZ submitted to the United Nations in Geneva the idea to repeal s59 bearing in mind the international Convention on the rights of the Child. One can go onto the United Nations Geneva website, search for “issues New Zealand” and inform oneself.

The UN have been pushing for the repeal of s59…a report was due back to the UN from the NZ government that was due the end of 2005. As stated by the UN, given the NZ government have been “behind” in reporting to the UN, this time frame was extended until November 5 2008. Helen Clark stated to the media last week following the latest UN report regarding the dismal state of matters concerning children in NZ that the UN report was based on old data. The UN have been pushing NZ for the past fow years for the NZ government to provide “disaggragate” data regarding various statisitics. Is it our political machine simply lack the ability and nous to compile such, or are simply stonewalling to prevent real figures and data being provided?!?!

The Children Young Persons and Their Families Act 1985 provides therein exclusion from liability of the State for any tortious acts ( a tort is a civil wrong ) done by employee’s or agents of the State with regard to CYFS. However, one is able to sue a civil prosecution if one is able to establish “bad faith”. One also needs to find a lawyer with the skill to operate on this level, the ability to do so and the gumption to take on the State in the face of corrupt Judicial practices and decisions. Think Rob Moodie and the Berryman bridge case…such is what happens to legal counsel if they attack the State when due for attack and attempt to expose corrupt complicity among the higher offices of various State departments.

CYFS also have an internal policy where all original notes from Family Group conferences are automatically destroyed. Hence, if the departments typed version of any FGC plan variates from what was ACTUALLY agreed, there is no originating source of documentation to refer back to if one needs to challenge such because CYFS simply destory originating notes from FGC agreements. Ludicrous. Nowhere in the Act does it provide authority of CYFS to destroy what is and remains official information…

These matters, the destruction of FGC notes that ultimately shape and from by mutually discussed agreement any plan to be implemented are currently being challenged. This has been an ordeal commensurate to having a tooth pulled. The stonewalling by CYFS is astounding. Being ignored is equally astounding. Unilateral versions of events are astounding when such unilateral views are authored by CYFS. Paper trails are the key. Recording events are the key. Tolerance is also a major factor amongst all the nonsensical idiocy displayed by CYFS employee’s, higher management all the way to various legal counsel of the department. These people are all well versed in protecting the State, each other and keeping matters well under the radar if possible.

Let’s face it, complaint to the appropriate Minister, who, in political reality should be the Head of their department, but you will only receive the cursory response of the Minister “not aware”, or the standard “cannot comment” as the Minister cannot become involved. Just why are these monkeys elected in the first place and why are they given portfolio’s to manage if the Ministers cannot get involved. Hence the State of our nation…it is a disgrace on the global stage and there is little if any shame about the outrageous conduct of State Minister’s who protect State departments at all costs for want of the fiscal purse. One successful civil prosecution is the state’s greatest fear of a floodgate reaction. Cheap politics, cheap politicians and a cheap deal for the state of NZ.

CYF I suspect do far more emotional damage then that of parents smacking their children ever could.

Sue I am not disagreeing with the anti smacking bill what I am saying is that CYF is a bigger problem and more important issue overall.

Come on Sue help us make CYF more accountable that’s all we ask.

We are not asking you to take sides but give us a voice and chance to get the children we love and adore back. If you think the government cares more about our children then we do and can do a better job then us you are dreaming.

Children have been hit by foster parents, killed raped in CYF care or because of their mistakes. Any child abuse is not good enough one case is one to many let alone if it is under a government department who keep getting away with mistakes. Please Sue and other MP’s who claim to care we need your help.

Social Workers have a code of ethics and registration panels, but what’s the point of all this, if at the end of the day the issues are with the department and no one will act. There is no point shooting the messenger with all these codes and rules if they are toothless and useless.

The Government wants to hold individual Social Workers accountable which is great but all that will do is hang them out to dry while the department keeps on going. Given CYF tent to lie and push the blame onto front line staff to cover-up for higher management mistakes I fail to see how anything will change.

Come on MR Hughes CEO and Ruth Dyson do something other then blast this webpage. Deal with the incidences and you would find people would not have to wrote in.

I don’t blame people for not putting their names on this webpage as you would make life harder on them and their families. MR Hughes you are the gutless one by not dealing with the problems which allowed things to get to this extreme.

How would you feel if your family life, safety and security was turned up side down and all put under threat. Once you put yourself in our shoes you might understand why people are so angry and you should of seen this coming after so long. Don’t shoot the messenger (this webpage) but deal with the issues like a man.

One more comment MR Hughes what’s more gutless giving people a free phone number to anomalously report t child abuse to f**k people over they have a grudge against, or setting up and anomalous blog to speak the truth.

In the same way parents of malicious complaints can not defend themselves to CYF I hope you and the staff now no it feels to be totally F**ked over with out any way of defending yourselves.

Both the CEO and Government should be ashamed that things ever got to this point we now face.