Serenity’s guardians deny allegations of abuse, neglect
EDMONTON Serenity’s former guardians are defending themselves against allegations they were negligent and abusive in caring for the four-year-old girl, whose death led to renewed scrutiny of Alberta’s child-welfare system.
Serenity died Sept. 27, 2014, days after being admitted to Stollery Children’s Hospital in Edmonton with a head injury. The girl’s government-approved caregivers — her relatives — claim she suffered the injury in a swing accident.
A lawsuit filed in 2016 by Serenity’s mother alleges Serenity and her two older siblings were “physically, sexually and emotionally abused” while they lived in the home. Media reports following Serenity’s death cited medical records showing her hymen was missing.
But court filings from the caregivers say that isn’t the case.
“(Serenity’s) hymen was intact at the time of her Sept. 18, 2014 swing accident and her hymen was intact at the time of her autopsy,” says an amended statement of defence filed May 22.
“The allegation that Serenity was missing her hymen is completely false.”
They also say they repeatedly took Serenity to the doctor when they grew concerned about her low weight and that they were assured everything was OK.
Blame in the case lies at the feet of the child welfare system, the caregivers argue.
“Alberta child welfare is attempting to make (the caregivers) the scapegoats so that the incompetence and malice of Alberta child welfare is not the focus of (the mother’s) and the public’s anger,” the defence statement says.
CHARGE STAYED
Postmedia is not naming Serenity’s mother or caregivers because doing so could identify Serenity’s surviving siblings and breach Alberta’s child welfare laws.
Serenity was cared for by a foster family prior to being placed with the caregivers.
RCMP charged the caregivers with a single count of failing to provide the necessaries of life in October 2017. Officials said the charge related to the conditions of Serenity’s life — not her death, which is considered non-criminal.
But earlier this week, prosecutors stayed the charge, saying there was no longer a reasonable prospect of conviction.
Serenity’s mother filed a $1.6-million statement of claim against the caregivers in 2016, alleging Serenity did not receive adequate care.
The claim also names the Alberta government, Akamkisipatinaw Ohpikihawasowin (AKO) Child and Family Services, the Louis Bull Band and the Boys and Girls Club of Wetaskiwin Society as defendants. It states: “Serenity died as a result of the actions or inactions of the defendants.”
In their statement of defence, however, the caregivers say that Serenity’s death was an accident and that she did not suffer abuse or neglect when she lived with them.
The caregivers also claim that the Crown, AKO, the band and the Boys and Girls Club — collectively called the institutional defendants — pushed the children on them, despite the fact they were already caring for several children and working or in school full-time.
They also claim the government failed to provide adequate training, supports or supervision to care for the additional children.
“The institutional defendants threatened (the mother) and (the caregivers) that, if (they) did not take the guardianship of the children, that the children would be separated and adopted into families that were not Aboriginal,” the defence statement says.
“The institutional defendants coerced and misled (the caregivers) to make a private guardianship application for the children when (they) knew or ought to have known that the (caregivers) were not capable of caring for three young high-needs children.”
They claim Alberta child welfare’s aim was to “save ... money by off-loading the costs of caring for the children onto (the caregivers), rather than to be required to pay for supports or to have the children cared for through foster care.”
They also claim that the RCMP asked AKO to check on the children’s health in the summer of 2014, but that this wasn’t done because they were “grossly understaffed and overworked.”
AUTOPSY REPORT
The claim also states that the RCMP haven’t allowed Serenity’s mother to see her daughter’s autopsy report.
“The RCMP have actively taken steps to prevent (Serenity’s mother) from knowing that Serenity’s hymen was not missing and that Serenity was not 18 pounds, as they have led (her) to believe,” the defence statement says.
Alberta Justice declined to provide Postmedia with a copy of the autopsy report. Serenity’s mother confirmed Friday that she hadn’t seen the document.
The institutional defendants deny wrongdoing.
Statements of claim and statements of defence contain allegations that have not been proven in court.
Serenity’s death led to passage of the legislation requiring Alberta’s child and youth advocate to investigate the death of every child in government care within one year and issue a public report.
A fatality inquiry will be conducted in Serenity’s death.