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WARNING: This article details allegations of child abuse.
Halton Children's Aid Society (CAS) staff failed to document important information and failed to investigate warning signs surrounding the condition of two Burlington, Ont., boys in the care of a couple, a lawyer has said at a woman's murder trial.
On Friday, Nabil Sheiban cross-examined retired child welfare worker Lisa Potts about various notes taken by adoption workers and their correspondence with Becky Hamber, his client, and Brandi Cooney.
In one of the messages read by Sheiban, Humber said the older boy was “not well” and had an eating disorder.
“That should be a red flag, but I can’t say why it didn’t happen,” Potts said.
“It's obvious [he] is underweight and does not appear healthy,” Sheiban said, quoting Humber. The lawyer then countered: “That should have been a red flag.”
“Yes,” Potts replied.
12-year-old boy found malnourished
The child in question, referred to as LL in our coverage of the trial, died on December 21, 2022.
The trial in Ontario Superior Court in Milton revealed that paramedics found the 12-year-old boy unconscious, soaking wet and lying in the basement of his bedroom, which was locked from the outside. Witnesses said he was so emaciated and emaciated that he looked as if he was six years old. He died shortly afterwards in hospital.
Hamber and Cooney have pleaded not guilty to murder charges. They also pleaded not guilty to charges of confinement, assault with a weapon (bracelets) and failure to provide the basic necessities of life for the younger boy, J.L.
The Indigenous boys' identities are protected by a standard publication ban.
The Crown alleges the couple abused and neglected their children, which ultimately led to L.L.'s death.
Their lawyers argue that the women did their best to care for children with high needs and severe behavioral problems, with little help from CAS and service providers.
Witnesses, including First responders, medical experts, teachers, therapists and doctors testified at the trial, which began in mid-September.
CAS employees did not meet the standard: retiree
October 31 Crown questioned Pottswho reviewed the CAS files associated with LL and JL. During the trial, it was revealed that although the government requires an in-person medical examination, Humber and Cooney did not take LL to a doctor's appointment between January 2018 and December 2021. The court was also told by CAS employees never spoke to LL alone, despite the fact that he received several reports about alleged abuse, although meetings with children must be confidential.
A week later, during cross-examination, Cooney's lawyer, Kim Edward, asked Potts whether private visits were key to CAS's work. She said yes, but agreed that it was “very clear” that either Humber or Cooney was always present.
Potts said CAS staff did not document why the meetings were not private.
When asked, she agreed that the CAS had the right to demand private visits and could even visit the home with the police to enforce this right. However, CAS never exercised this option in the months before LL's death.
Edward also questioned why there was never a personal surprise visit from CAS in response to issues Potts later investigated, such as name-calling, pureeing and bottle-feeding.
“I can’t because I wasn’t a worker,” Potts said.
The lawyers named several CAS employees who worked with LL and JL, and Sheiban suggested they lost their jobs because of the way they handled the case. None of the current or former CAS employees, other than Potts, testified.
Whether Cooney and Humber fed the boys properly was a central issue at trial.
The couple's lawyers said LL struggled with overeating and “rumination” – regurgitation of food. According to them, on the eve of his death in 2022, L.L. had a severe eating disorder, he vomited every day, and had to be cared for like a child.
On Friday, Sheiban noted several instances in 2021 in which CAS staff documented LL telling them about the food he ate.
He also mentioned the investigation into Pott's bottle feeding and said Humber and Cooney fed the boys purees and bottle food because an attachment therapist recommended it was a way to cope with childhood trauma. The documents show that CAS knew about this, Sheiban said.
After Potts, the court began hearing testimony Friday from Matthew Bursey, vice president of the Children's Help Center. He was on the witness stand again Monday, outlining some of the programs his Holton center provided to LL and JL.
The trial is expected to last at least until early December.
If this report has affected you, you can seek mental health help through resources in your province or territory.
