Saturday, January 21, 2012


On Monday January 23, 2012 Derek will finally have the opportunity to present to a Case Conference with MCFD who will hopefully outline their plan for Ayn's future care. This conference could have been held long ago, making much of the pain and anguish of the past 7+ months perhaps nonexistent.

In November, 2011Derek prepared a Public Information Press Release!/groups/justiceforayn/doc/215086771898151/  This was really the last update, as since then, there has been nothing to report other than Derek’s December  presentation of his Proposal for Ayn’s care that he was asked to prepare. To date he has had no response from MCFD concerning his proposal.

Derek recently spoke briefly about some of his recent frustrations:

"Ayn has now had 4 SW's in these now 7 months. The previous worker will not be returning and I have yet to speak to the new worker, have left some messages and really wanted to speak with them prior to Monday though that is dubious at best at this point. I have invited them to my house next Wednesday but do not know if they will indeed come. The entire fiasco around worker changes (3 in just over a month) has been incredibly frustrating and has clearly resulted in delays. Still no word on my proposal and I cannot imagine the task which lies before this new worker to get caught up on not just my file but all of the previous workers files."

Although this is Conference on January 23 is not held in a courtroom, a judge will be present and will begin by describing the function of the 1-hour Case Conference, his powers and limitations in this setting.

Derek will present a Case Conference Brief for the judge to read, including a 1 page timeline, nor more than 2 pages of facts, one page statement of defense, what he is requesting. The latter will ideally be Ayn’s immediate return home, but failing that, a request for future court dates to be established at this conference. It is unfathomable how it could take over seven months for Derek to have the first opportunity to be heard concerning what has happened to his daughter, then in a limited time of one hour.

The Case Conference Brief is an important document; it sets the stage for the conference and provides MCFD with a record of Derek’s position.

The judge begins by describing the function of the 1 hour Case Conference, his powers and limitations in this setting.

Dad/Mom's lawyers give their version of the overview of the case to the judge.

MCFD’s presentation will indicate their plans and make it known whether they are willing to bargain and mediate. If the latter is not an option they will be asked to present information to defend their actions.

If an agreement cannot be reached it will be necessary to discuss considerations for a future court trial: witness count and names, length of time required for the trial, discussion of court date and pre-trial date as well as a date of the judge’s appointment for the trial.

A child has been deprived of her basic human rights  deprived from having contact with her father and brothers for over seven months. Now in just 1 hour it will be decided if she will return home to her loving family or if MCFD will continue this unjust abuse of a 10 year old child with autism.

The happiest and really only acceptable conclusion to this long awaited hour will be if Ayn is immediately returned home where the healing process can begin and she can continue to thrive as she had quite splendidly done for the first nine and a half years of her life. This family tree can then be completed and a family can get back to what they do best – loving and caring for each other.

                  Thank you to Victoria Ettinger who contiues to honor Ayn and her family with her creations.

Derek, Amie, Wyatt, Lyric and your extended family, we want you to know that you are in the daily thoughts of thousands who support you from around the world. Know you will be in our thoughts especially over the next few days as we pray for a positive outcome on January 23rd.


  1. Ayn is a beautiful little girl who is already dealing with the daily stress of living with autism and now for the past 7 months has had the added confusion and heartbreak of wondering why she can't be home with daddy and her brothers. The trauma this is causing Ayn and her whole family NEEDS to be rectified NOW so that this family can heal.

    Victoria Ettinger

  2. I suggest we have a huge rally if Ayn is not returned.

  3. follow your heart which leads to the truth which will bring your baby back i feel for u i went thru a very ugly situation with them too but i neve gave up or let them keep me from my rights and dignity as a parent and person that we are by law allowed to have and use lots prayers