A $4.1-million lawsuit has been launched against both Chatham-Kent Children's Services and the Chatham-Kent Police Service.
Brian and Betty-Jo Kivell adopted two children while working as missionaries at an orphanage in Ukraine, and brought them back to Canada. Family lawyer Ray Colautti says one of the girls was later diagnosed with Reactive Attachment Disorder resulting from neglect as an infant, and exhibited violent tendencies that led to an unsafe environment for the Kivell's six children and family pet.
After seven years, Colautti says the girl was placed in the care of Chatham-Kent Children's Services (CKCS) and eventually re-adopted by a Toronto area family. More than seven years later the child claimed Brian Kivell physically and sexually assaulted her, leading to his arrest in November 2013, and faced 19 charges.
Colautti says it took five months before the Crown Attorney withdrew all criminal charges, however the lawsuit alleges that CKCS refused to withdraw its child protection application until June 2014. The statement of claim alleges the agencies were negligent while investigating, and resulted in irreparable damage to the family, as well as Brian's parents, Gary and Sherrill Kivell. A Toronto area psychologist is also named in the suit, which seeks compensatory, aggravated and punitive damages.
Chatham-Kent police remain tight-lipped about the case, only offering a single comment via email to BlackburnNews.com.
“The matter is before the Courts and because there is Civil Litigation underway we can make no further comment. The matter is in the hands of Legal Counsel,” says Chatham-Kent Police Inspector Ed Reed.
None of the allegations have been proven in court, and Colautti says both agencies received the statement two weeks ago and advised him they will defend the allegations.
