Grandfather wanted custody of child who died in foster care
A provincial court judge says she doesn’t understand why the grandfather of a toddler who died in foster care wasn’t given a chance to take custody.
“I just don’t understand why the grandfather wasn’t considered,” said Judge Ferne LeReverend in an Edmonton courtroom Wednesday.
She’s presiding over a fatality inquiry into the death of threeyear-old Kawliga Potts, who died of severe head trauma in January 2007.
Potts had been placed in the home of Lily Choy on Dec. 5, 2006, after social workers put out an urgent request to find him a home. In 2011, Choy was convicted for manslaughter in the young boy’s death and is serving an eight-year sentence.
On Wednesday, the inquiry heard that Potts’ paternal grandfather was a qualified foster parent in the aboriginal system who had asked to care for his grandson in December 2006.
Potts’ need for foster care stemmed from complaints of domestic violence, addiction issues and neglect in his home.
“I don’t recall if I had more than one conversation with that grandfather,” testified case worker Ebele Kaffo.
She confirmed that social workers prefer to place children with family members when possible.
“In your testimony ... you knew he always wanted to be back with his family,” LeReverend said.
Potts was instead placed in Choy’s home, who testified during her 2011 trial that the toddler struck his head on the toilet during a nighttime trip to the washroom.
Fatality inquiry counsel Kirk Lambrecht noted social worker Beverly Harbison, who supervised Kaffo, had a note in her file stating that Potts’ grandfather couldn’t care for the boy because his house was full.
“Did you at any time have direct contact with the grandfather?” Lambrecht asked. “Not at all,” Harbison responded. She said she doesn’t know where the information came from and didn’t take any steps to verify if it was true.
Harbison added Choy was under evident strain after a group of three siblings were placed in her care, joining Potts as well as Choy’s two biological children.
She had initially been approved to support a maximum of two foster children over the age of five years old.
The children were also supposed to be classed at Level I, meaning they didn’t have special needs.
But the three siblings as well as Potts presented with behavioural issues, the inquiry heard.
“Who made the decision to place these children in her care?” Lambrecht asked.
“I’m not certain,” Harbison said, noting that she was concerned about the situation.
Kaffo noted on Jan. 4, 2007, that Potts had bruising. At the time, Choy attributed the bruises to the child’s biological father, which was later disproven at trial.
LeReverend asked Kaffo several times Wednesday where she thought the bruises were coming from, given the fact that they appeared after Potts was placed in Choy’s home.
Kaffo confirmed that at the time she didn’t believe the bruises were coming from Potts’ father and that there was no suggestion of selfharm.
“Did you apply your mind to find out where the bruising was coming from?” LeReverend said.
After a lengthy pause, Kaffo answered. “I don’t think so.”
The inquiry is set to continue Thursday.
Potts’ paternal grandfather was a qualified foster parent in the aboriginal system who asked (for custody in 2006).