CLC Meeting Minutes

March 29, 2004

10:00 am to 2:00 pm

New Westminster Public Library, New Westminster, BC

1. Introductions: People introduced themselves around the room and bemoaned the lack of windows on a bright sunny spring day.

2. Joanne Taylor - Representation Agreements: Attorney General is proposing amendments to the Representation Agreement Act.  She started her presentation with a history of the development of Representation Agreements.  In the 1980's, the only way to formalize your own planning was the Enduring Power of Attorney - person must be able to understand the Nature and Effect of the document - created too high a barrier for people to create formal planning support for their financial and legal affairs.  The other way to plan for people was the Guardianship process under the Patients Property Act.   A person was declared "incompetent" either with a Certificate of Incapability from a Health Professional or through the courts where a Judge can rule a person incompetent and declare the Public Trustee responsible.  The judge can also appoint a "committee" to make decisions for the person in the area of health care and personal matters.  In 1993, the Representation Agreement Act was passed unanimously by the Provincial Government, but not declared law until the year 2000.  With a Representation Agreement, a representative can be appointed under Section 7 to assist with financial affairs, legal matters, health care decisions and personal matters.  There are additional powers that can be granted under Section 9 - more difficult to create, but provides the ability to assist with real estate matters, power to deal with minor children, power to make a living will, and power to make decisions around physical restraint.  The Section 9 powers are accompanied by the "Understand the Nature and Effect" capability test, while the Section 7 standard powers are not contingent on any capability test.  They rely on the principles of self-determination, on trusting personal relationships, on providing only the supports a person needs.

In 2002, McLean review recommended that Enduring Powers of Attorney be retained for full financial planning supports (including Real Estate).  The Attorney General asked for further information and recently posted new recommendations on the Attorney General's website.  A new Personal Planning Act will be introduced that covers Enduring Powers of Attorney, Representation Agreements and Advanced Directives. All three tools will be covered by an upfront capability test.  All financial and legal matters will be removed from new Representation Agreements.  To receive assistance with financial and legal matters, a person must have either an Enduring Power of Attorney or be declared incapable.  The Attorney General has asked for feedback on these recommendations by April 30, 2004.

MLA's received a briefing from Attorney General last week.  Major points to stress to your MLA's:

1. Section 7 Representation Agreements must be maintained - including routine financial and legal affairs.
2. Section 7 Representation Agreements must have no upfront capability test.  Maintain Section 8 definition of capability.
3. People who are forced into incapability lose their personhood - their own personal needs and desires are not required to be considered by the Public Trustee or the Committee. 
4. 15 years of work is being thrown out by these changes.  People worked for a way to allow people to maintain their personhood and rights. 
5. Public Trustee has expressed concerns about Individualized Funding for people with developmental disabilities - that the Trustee will review whether the person is competent to manage the funds.  The Representation Agreement has always been the answer to these concerns, but will no longer be available to many people who cannot pass the Common Law test of Capability.
6. If we lose the old Section 7 Representation Agreements, we are taking a huge step backwards.

MOTION: That the CLC resolve to:
1. Draft a brief to the Attorney General that outlines the effects on people with disabilities and the plans for Community Living BC.  A working group will be struck to draft this brief.

2. Issue an Action Alert to our membership that outlines what people can do to inform their MLA's and the Attorney General of the impacts of changes to Representation Agreements.

3. That the Coalition ask the Interim Authority to respond to the Attorney General to outline the impacts that the Personal Planning Act will have on people with disabilities and the plans of the Interim Authority.

Motion was CARRIED Unanimously.  Working group was struck including: Tim Stainton, Ernie Baatz, Joanne Taylor and Jo Dickey and the co-chairs of the coalition; to assist with the above three steps.

3. Update on the Interim Authority:

1. Lois Hollstedt, new Chair of the Interim Authority Board discussed the past month of her orientation to the Interim Authority.  She is very excited by the potential of community governance for community living, and over the past two weeks has come to believe that the government is also committed to making the transition to Community Living British Columbia happen this year.  The legislation creating Community Living BC will be introduced in the next month and passed by the end of May 2004.  The Interim CEO recruitment is almost completed, and the permanent CEO posting should come out in the next month.  For the past week and the next three weeks, the community information sessions have been occurring across the Province and giving all regions of the Province a chance to hear more about the changes being planned and provide feedback on their concerns.  The Board is working with the Ministry on finalizing the 2004-05 budget, then the Bert Boyd report will be released, and the legislation will be introduced.  She is hoping a fourth board member will be appointed this week and that the full board will be nine people.  She believes that government will appoint a self-advocate as a board member.  Her vision of the possibility for Community Living BC is that the new service delivery system will be person-centred and flexible.  She believes that government will provide the autonomy and resources to create that new vision.
2. Timing of creation of Community Living BC: In media commentary last week, the Minister said that Children and Family services will not move to community governance til 2007-08, but that Community Living would transfer by the end of the year.
3. Question: What about the commitment from the Interim Authority & MCFD that any changes to services would be with the consent of the families and individuals involved?  Now agencies are closing group homes without the consent of individuals and families served in those group homes.  A former Interim Authority board member explained that the commitment was made in regards to the voluntary cost savings initiative that was developed and implemented in February and March 2003.  In August 2003, the Ministry implemented an arbitrary Compensation Overpayment plan, and in December 2003, the Ministry implemented a mandatory, across the board 1.75% budget reduction in all community living contracts.  These additional reductions have forced some agencies to make decisions that aren't supported by the individuals involved.   Other agencies have continued with their focus on voluntary and consensual changes to the way services are provided.
4. IF Phase One Update: Six facilitators are working with individuals to create plans.  Two plans have been submitted and reviewed by a joint MCFD/IA group which includes the 3 Phase One Plan Assessors.   Responses to those individuals will be sent soon.  Progress may be delayed in the next month if backfill for facilitators, which officially ends March 31, 2004, is not resolved.   However, MCFD is currently exploring staffing options and an announcement will be made shortly.  Regardless of this issue, however, individuals and families who were approved for Phase One can continue do develop and develop and submit their own support plans if they wish.  For additional resources and support, they can call Dan Collins at 604-534-8611 or visit the Interim Authority website at http://www.interimauthorityclbc.ca/facilitators/ . 

4.  Update on actions from last meeting:

1. Mental Health Planning:
   1. Willow Clinic: 14 people currently at Willow who need community placements.  MCFD is in charge of the plan to move people out of Willow.  There are issues around the current facility and Willow staff would like to move to a new building - one is available at the Maples site in Burnaby.  If plans can be made for permanent placements, those people should be assisted to "move once" instead of moving to a new temporary willow and then to a permanent placement in the community.
   2. Crisis Response planning:  There is work proceeding on better crisis response plans in regions throughout the Province.  In South Fraser on April 14, 2004, there will be a meeting to develop a draft crisis response plan.  The meeting will include MCFD - Muriel Hanson, Health Authority - HSCL & Mental Health representatives, four community living agencies, four crisis response teams - CAR 67 (RCMP & Mental Health Worker), plus two youth crisis teams, Jane Holland, and family members - Lori Emmanuel, and two FSI regional resource parents plus some of the professional support groups in South Fraser - Vinge & Associates and the Applied Psychology Group...
   3. What about eligibility for services - people being excluded by having an IQ testing over 70.  People at the margins are being excluded from services, and significant advocacy is needed on their behalf to get appropriate services.  This leads to inequity as those with strong advocates may get services, while others get no service.
   4. 85% of people with disabilities are receiving formal services in Community Living.  Those individuals and families are often experiencing crises and looking for help with challenges without the knowledge of community living service providers. The community broadly needs to develop responses to people in crises, rather the community living service providers developing a system-oriented response.
2. A presentation on Rafe Mair's show discussed the Community Living Coalition.  Linda Perry drafted and signed a letter that corrected a number of errors.  As a result, Linda Perry was invited to participate on the Rafe Mair show and did a great job of outlining the history and the position of the Coalition.
3. At the last meeting, the Coalition asked Family Net to have a meeting to discuss common positions and develop a strategy to end conflicts where not exist, and build common advocacy strategies on issues on which we agree.  Cathy Anthony has been in discussions with Anita Dadson and a meeting will hopefully occur in the near future.
4. Children Services - discussion about "what if" the Ministry approaches with a counter-proposal on where or when Children's services should transfer to Community Living BC.  We have been consistent in our position that the services identified in the April 2002 agreement be transferred to Community Living British Columbia at the same time as the Adult Community Living services.  One wrinkle that may be presented is that Autism services for children may need to be delayed until the Supreme Court rules on the Auton Decision appeals.  The Co-Chairs and BCACL both agree that any approach from the government should be met with a request for an immediate coalition meeting to discuss any change from the April 2002 agreement. 
   1. Moved: that the Coalition re-affirms their support for the Minister's decision of April 2002 around community living services for children, and if any proposal contradictory to that agreement is presented to BCACL or the coalition, an emergency public meeting of the coalition will be called.  CARRIED
   2. Is there a way to be proactive on the issue of services for children with autism, rather than waiting for the government to bring a proposal forward?  It is better to continue to push for the full agreement and respond if an alternate proposal is made.
   3. Is the Interim Joint Policy Directorate an avenue for reviewing the services for children with autism?  It was developed to create communication and have policy decisions regarding services for children with disabilities have community living input with the regional children and family services authorities.  But with the regional child and family services authorities now delayed until 2007, the role for this Directorate uncertain.

5. Other Updates: Klaus was at the announcement of a new University in the Okanagan.  There will be a chair for research in diversity and community and Klaus has arranged a meeting with the Professor to see if he can pursue a research proposal around his concern for the quality of life, safety and security of his son when his father is no longer around.

6. Two Day Workshop with Michael Kendrick - April 6 & 7th, 2004 - Executive Airport Plaza Hotel in Richmond - Registration through BCACL at 604-875-1119.

7.  BCACL Annual General Meeting and conference in Kamloops - June 10, 11, 12th, 2004.  More information coming soon.

8. Woodlands Memorial Garden plans have been approved and BCBC has agreed to fully fund the plans.  The gardens should be completed in Fall 2004.

9. CACL and BCACL have been granted Intervenor Status at the Supreme Court regarding the Auton decision on services for children with Autism.

10. Date of next meeting: Wednesday, April 21st  - 1pm to 4pm

Meeting adjourned at 2:14pm.