September 20, 2025

The document is an affidavit by Darian Thomas on September 18, 2025. It details her concerns and experiences regarding the removal of her son, Bennett James Thomas (DOB: December 19, 2018), from her care by the Ministry of Children and Family Development (MCFD), and the subsequent restrictions on his access to family and therapeutic supports.

The affidavit outlines Darian Thomas’s role as Bennett’s sole primary caregiver and guardian, her son’s complex medical and neurodevelopmental needs, and the events leading to and following Bennett’s removal from her care by MCFD on August 28, 2025. It highlights concerns about communication restrictions, lack of access to comfort items and therapeutic services, unexplained bruising on Bennett, and the conflicting information provided by MCFD and House staff.

Guardianship and Background

• Darian Thomas has been Bennett’s sole day-to-day caregiver since birth, and was granted sole guardianship with all parental responsibilities by a Final Order on May 12, 2020.
• The affidavit responds to the Director’s counsel limiting Bennett’s access to his family, including restricting FaceTime calls, failing to maintain iPad Wi-Fi, and not facilitating therapeutic sessions.
• On August 28, 2025, Darian’s legal counsel urgently objected to Bennett’s removal, citing strong advice from his treating professionals that placement with unfamiliar caregivers would be “highly detrimental” and medically unsafe.

Updates Since Bennett’s Removal (August 28, 2025)

• Initially, Darian was assured of regular phone and FaceTime calls and in-person visits once discharged from the hospital.
• MCFD’s prior involvement regarding safety concerns with Bennett’s father was detailed, including three safety plans in 2019 due to risk of physical harm and admitted ongoing untreated anger issues.
• On September 9, 2025, Darian discovered MCFD accessed her medical records without her prior knowledge or consent as part of an assessment of her ability to care for Bennett.

Communications with Social Workers and House Staff

• Darian maintained written communication regarding calls, visits, G-tube care, and Bennett’s adjustment.
• She advocated for Bennett to choose call times for regulation and shared tracking for supplies.
• Concerns were raised about Bennett’s iPad not being connected to Wi-Fi, which prevented communication with Darian and access to therapeutic tools like AAC Touchchat.
• During FaceTime calls on September 10, 2025, Bennett expressed missing Darian, wanting to be picked up, and desiring more frequent contact. He also discussed his G-tube site and reported being awake until 2:00 a.m. the prior night.
• MCFD imposed conditions for supervised in-person visits, prohibiting Darian from bringing food or drinks, discussing medical/behavioral needs, and threatening to end visits if staff decisions were challenged.
• Only a stuffed owl was permitted from comfort items Darian requested to bring.

First In-Person Visit (September 11, 2025

• Bennett was animated, playful, and eager to engage. He gave Darian a big hug, sat on her lap, and introduced her as “my mom” to staff.
• He expressed missing Darian and wanting visits more often.
• Later that evening, during a FaceTime call, Bennett became upset about his door being kept open, stating, “It’s scary for me out there,” a statement MCFD later claimed was not made. He also pleaded for Darian to stay on the call during G-tube medication administration, but staff insisted she hang up.

Email Communication Regarding Phone Access, G-Tube Concerns, and Visit Scheduling (September 11-12, 2025)

• Darian reported Bennett’s G-tube site appeared red and uncomfortable and sought clarification on who to contact for urgent medical concerns.
• MCFD responded, stating the medical matter was addressed and advised Darian not to discuss medical or behavioural topics with Bennett, even if he raised them.
• Concerns were raised about a new restriction on Bennett’s ability to call Darian, with (Executive Director, FSIBC) noting it would appear punitive to Bennett.
• MCFD claimed incoming FaceTime calls disrupted Bennett’s schedule, which Darian contested, stating all previous calls were initiated by Bennett.

Advocacy and Escalating Concerns (September 12, 2025)

• Darian formally requested Bennett be appointed his own lawyer, citing his clear wishes to come home and inconsistencies in MCFD’s records.
• She expressed sadness that Bennett would miss his adaptive soccer program due to the removal.
• Legal counsel sent formal letters objecting to limited contact, curtailed FaceTime access, unreliable Wi-Fi, and lack of facilitated therapeutic services, arguing these decisions were harmful and contrary to Bennett’s best interests.
• MCFD confirmed a new contact schedule of three supervised in-person visits per week (2 hours each) and daily FaceTime calls (1:00 PM to 2:00 PM).

Professional Concerns by BCBA (September 12, 2025):

• Bennett’s Behaviour Analyst expressed concern and offered to assist despite being removed from the case. She noted Bennett might be masking distress during transition and highlighted his need for quiet spaces to regulate.

Second In-Person Visit (September 13, 2025):

• Bennett was found lying in bed at 3:00 PM, highly unusual for him. He lit up upon seeing Darian and gave her a big hug.
• He tearfully expressed missing Darian and their home life, stating, “I always miss you in the night” and “I get sad about you in the night.“
• He expressed grief about not having access to familiar comfort objects.
• Bennett appeared hyper-vigilant to his environment, fixating on his bedroom door being open or closed and needing scripting and countdowns to tolerate proximity to others.
• He referenced physical discomfort in his leg and difficulties with iPad connectivity.
• Darian observed visible bruises on both of Bennett’s arms and legs, which were unexplained by MCFD.

Facetime Call (September 15, 2025)

• Darian noticed new, darker, and more severe bruises on Bennett’s arms.
• Bennett disclosed upsetting details: “someone took my iPad today,” he couldn’t sleep without it, “juice was coming up” his throat (suggesting reflux), and his “grow clock” didn’t go off until 12:00 p.m.
• He expressed a strong desire for more frequent contact and physical visits.
• Bennett’s “mommy blanket,” owl (“Fluffy“), and sensory foam letters, dropped off on September 13, had not been given to him, awaiting “MCFD approval.“
• Darian noted a pattern of neglect and emotional harm due to denied comfort items, iPad removal, irregular routines, worsening bruising, and emotional distress.
• Conflicting messages were received from House and MCFD regarding the flexibility of call times.
• Darian, Executive Director FSI, and Legal Counsel raised concerns about the unexplained bruising.
• Dylan Stoppler (Bennett’s interim guardian) requested FaceTime contact with Bennett and his family, but to Darian’s knowledge, had not received a direct response.
• Executive Director FSI formally emailed MCFD expressing concern about the visible bruising and requested documentation explaining its source.

Areas of Concern and Advocacy

Restrictions on Contact and Communication

MCFD’s actions directly contradict Bennett’s expressed wishes and the professional advice for consistent parental and family contact for his emotional well-being and regulation.

Lack of Therapeutic and Comfort Supports

The denial of access to his iPad (for communication and comfort shows), lack of facilitated counselling, and delay in providing comfort items are detrimental to Bennett’s complex needs.

Physical Well-being and Unexplained Injuries

The emergence and worsening of unexplained bruising on Bennett while in MCFD’s care, without proper documentation or notification to his family, is a serious safety concern.

Conflicting Information and Transparency

Darian highlights inconsistencies in information from MCFD and House staff, and MCFD’s alleged misrepresentation of Bennett’s statements.

Disregard for Professional Advice 

MCFD’s decisions were made despite strong recommendations from Bennett’s medical and behavioural team.

Impact on Bennett’s Emotional State

Bennett’s statements of missing Darian, sadness, fear, and hyper-vigilance demonstrate the significant emotional toll of his current placement and the restrictions imposed.

This affidavit presents a comprehensive account of Darian Thomas’s efforts to advocate for her son’s well-being and highlights the serious challenges and concerns that have arisen since Bennett’s removal from her care.

What are the primary concerns Darian Thomas has regarding Bennett’s care since his removal on August 28, 2025?

Darian Thomas has several primary concerns regarding Bennett’s care since his removal on August 28, 2025:

Restricted Contact

Despite previous agreements, Bennett’s access to his family has been limited, including reducing or controlling his ability to initiate FaceTime calls with Darian.

iPad Connectivity and Therapeutic Access

Bennett’s iPad Wi-Fi connectivity has not been maintained, preventing calls and access to his comfort shows and therapeutic tools like AAC Touchchat. His therapeutic sessions with his long-standing counsellor, have also not been facilitated.

Removal from Trusted Care Team

Darian’s legal counsel urgently objected to the decision to remove Bennett from his trusted care team, as treating professionals advised that placement with unfamiliar caregivers would be “highly detrimental” and medically unsafe.

Prior Safety Concerns with Bennett’s father Ignored

Darian’s counsel highlighted that contrary to MCFD’s assertion, there had been significant prior involvement regarding safety concerns with Bennett’s father due to risk of physical harm and his ongoing untreated anger and mental health issues.

Access to Medical Records Without Consent

The Ministry accessed sections of Darian’s medical records without her prior knowledge or consent, citing it as part of their ongoing assessment of her ability to care for Bennett.

G-tube Care and Comfort Items

Concerns were raised about Bennett’s G-tube care, including visible irritation and the lack of essential comfort/safety items like tubie covers, adhesive remover, and grip-locks. Darian’s requests to provide these items were initially denied, with only a stuffed owl being permitted.

Conflicting Information and Restrictions on Visits

Darian received conflicting information regarding Bennett’s call times and strict conditions were imposed on supervised in-person visits, including prohibiting her from bringing food or drinks, discussing medical/behavioral needs, and having visits fully controlled by staff.

Bruising and Neglect

Darian observed visible bruises on Bennett’s arms and legs during visits, which were not explained by staff and appeared to worsen over time. This, combined with the denial of access to comfort items, irregular routines, and emotional distress, suggests a pattern of neglect and emotional harm.

Lack of Support for Bennett’s Emotional Well-being

Bennett repeatedly expressed missing Darian, wanting more frequent contact, and wishing to return home. Restrictions on his contact and access to comfort items are seen as harmful and contrary to his best interests, especially given his reliance on Darian for co-regulation.

Professional Concerns Ignored

Bennett’s Behaviour Analyst expressed concern that he may be masking distress and behaviors, especially during the early phases of transition, and that his emotional struggles may go unnoticed.

Denial of Access to Comfort Items

Items Darian dropped off for Bennett, including his “mommy blanket,” his owl (“Fluffy“), and sensory foam letters, were not given to him for several days, despite being approved.

Lack of Transparency and Accountability

Concerns were raised about misrepresentations of Bennett’s statements in MCFD records and the lack of documentation or notification regarding his visible injuries.

Exclusion of Extended Family

Darian’s brother, Dylan Stoppler, Bennett’s interim guardian, requested to establish FaceTime contact with Bennett and his cousins, but faced difficulties in connecting with staff and receiving a direct response.

What concerns did Bennett’s Behaviour Analyst express regarding his adjustment to Eastern House, and what did she offer to do?

Bennett’s Behaviour Analyst expressed the following concerns regarding his adjustment to Eastern House:

• She was concerned that Bennett may be masking distress and behaviors, especially during the early phases of transition.
• She emphasized that Bennett often seeks out quiet or private spaces to regulate, and this could be misinterpreted as coping well when he may, in fact, be struggling internally.

BCBA offered to:

• Consult with House staff with permission from MCFD, despite being removed from the case.
• Connect House staff with members of Bennett’s previous team who may be available for direct hire, as the placement had not been fully staffed prior to his arrival.