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November 7th, 2002
Bonsor Community Centre - Co-chaired by Linda Perry, Doug Woollard
- Introductions were made around the room at 10:15am
- Joanne Taylor from the Representation Agreement Resource Centre (RARC)
gave an update on government changes to the legislation governing
representation agreements. The Attorney General received a report and has
accepted the following recommendations:
- Keep enduring Powers of Attorney
- Keep representation agreements for healthcare and personal planning
- Keep Section 7 representation agreements.
These recommendations are all OK, particularly the retention of Section 7
agreements. However, there is now talk within the Attorney General's
Ministry about revising Enduring Powers of Attorney AND revising the
representation agreement act - keeping Section 7 agreements. This is
very concerning because the Act, all parts of the Act, support each other and
Section 7 does not stand on its own. For example, Section 16 outlines
the ethical decision making process that representatives must follow when
assisting with decisions. "No decisions about me, without me."
There is pressure to "streamline" this process, but the complexity is
necessary.
Another issue is that Ministry of Health is anxious to have Advanced
Directives recognized. These are outlined within the Representation
Agreements and are protected within the "complexity" of the ethical decision
making process. Advanced Directives, without the ethical decision making
process, allows others who don't understand the individual to make decisions
without considering the context that the individual is in. Eg. A
person with complex disabilities has pneumonia and is refused antibiotics
because their quality of life is assumed to be poor.
It is important to get people to make representation agreements now, as
they will be grandfathered if new legislation with new agreement guidelines is
introduced.
To express your concerns about the potential changes:
- Forward your concerns to Minister Hogg and ask him to raise concerns
with the Attorney General. The Minister is concerned
- Review the McLean report on Enduring Powers of Attorney - provide
feedback
- RARC has website with more information -
www.rarc.ca
Motion: That the Coalition requests that the Minister of CFD & Attorney
General & Minister of Health, put any changes to the Representation Agreement
Act on hold until the implications are determined of the CLTSC Final Report
Recommendation 47 - which recommends that Representation Agreements be used as
a key tool for self-determination, and pending legislation to create the
Community Living Authority. Cathy moved, Hilary seconded: CARRIED
- The Final Report of the CLTSC: The Final report has been
published and is available on the website. The Ministry is moving
forward on setting up the interim authority. Bill 65, the legislation to
create Interim Authorities, was given third reading last week and passed into
law on October 31st, 02. Next week, on November 13th at Burnaby
Association offices, there will be a public ceremony to present the report to
the Minister.
There is no executive summary - but Section 3 is sort of an
executive summary. Section 6 also outlines the Major Themes of the
report. A three or four page summary in plain language is being
developed.
The Ministry is committed to printing 2,500 copies of the report - without
appendices it is about 180 pages - putting copies in each of the MCFD
Community Living Offices - copies to each Community Living Agency - and copies
to public libraries possibly. Printed copies - released fast - are
essential. Laney will pursue MCFD approval of rapid printing.
Agencies that wish to get additional copies printed for distribution to their
members should call Doug Walls -
dougwalls@socialpolicygroup.com .
The Minister's review is chaired by David Young with Doug Allen, Don
Fleming, Pat Vickers, Les Foster sitting on the review panel. Their
report is to be completed in 30 days. Their terms of reference are
specific and outlined in the Minister's letter on receipt of the report.
- Review of Report & Recommendations:
- Recommendations on budget resources for next year and 2004-05: The
Joint Budget working group has a tentative agreement with the Ministry,
still needing Treasury Board approval, to ensure that the resources
necessary for next year will be available. The Joint Budget Working
Group proposal goes to Treasury Board on November 15th and the report should
be released publicly after that. Changes to services will happen only
with individual/family consent.
- Individualized Funding tax exempt?: There are already formal "opinions"
in Alberta, Ontario, and New Brunswick that state that IF payments are
non-taxable as they are for medically necessary services or social services.
The report recommendation is asking for a formal ruling from Revenue Canada
on these payments.
- Where can people get copies of the report? By next week, there should be
paper copies of the report available. These should be available at
MCFD offices, local associations, and public libraries. There is a
plain language, 4 page summary being developed.
- What will happen to the Autism IEII funding for families? The
Ministry has not confirmed what will be happening on April 1st, 2003.
The Ministry has ongoing commitment for providing services that have been
determined by the courts.
- Balance between IF and block funded programs: How will stability be
maintained for families, services & agencies? There will be a gradual
implementation of IF as funding becomes available. There is a
recommendation that block funded programs could choose to separate their
funding into IF pieces, but there is no mandatory requirement to change
program funding to IF. There would be no automatic assumption that a
person leaving a 3 bed group home could take 1/3 of the funding.
- How will autism services continue to be provided as the number of
children increase (new children being diagnosed, broader age range for
support), and the families cannot find skilled service providers? This is a
challenge that families have been facing outside of the change of
governance. There will need to be concerted efforts to develop this
capacity in the Province of BC.
- How will communication be maintained if there are fewer regional
offices? There are four planning centres proposed in the lower
mainland, and it will be their challenge to build communication and outreach
capabilities within their resources. The HR & Finance committee had to
choose between maintaining regional offices or protecting direct services to
people.
- Why is there an oath of confidentiality? The Joint Budget Working
Group was given access to cabinet level discussion of the Ministry budget
and agreed to keep the detailed discussion confidential until Treasury Board
approval has been received.
- Quality Assurance: Will agencies be required to provide more
paperwork and more staff time, without the funding to do so? Outcomes
are being emphasized rather than standards, because standards seem to be
very paper and time intensive as they are monitored. Outcomes will
need to be developed that reflect quality of life for the people being
served.
- Budget Assurances around "no cross the board cuts": Three pieces
will need to be accomplished to provide that assurance.
- Memorandum of Understanding on Co-management with the Interim
Authority will remove the Ministry staff ability to make unilateral cuts.
- Ministry acceptance of the TSC report (and potential negotiation of
changes to recommendations).
- Treasury Board acceptance of the Joint Budget Working Group
recommendations - hopefully by November 15th, 2002.
- Report from David Driscoll: He was pleased to participate in the
TSC process but he underestimated the amount of time required - it was a great
process though. His commitment has been fulfilled and he has offered to
end his involvement in the process. Moved by Claus, seconded by Cathy A that
David be requested to continue his involvement in the process as chair of the
board of the interim authority. Coalition members expressed their
appreciation for his dedication, commitment and participation over the past
seven months. As well, appreciation was expressed to the Vancity Foundation
for their support in giving David the time to participate in the CLTSC
process.
- Nominations to the Interim Board: The Minister is considering
appointments to the Board of the interim authority, including current TSC
members who have expressed an interest in continuing on the board, and also
further nominations to improve representation on the board. Service
providers (Executive of Agencies) are excluded from sitting on the board.
- Jane Short, John Kehler, Bryce Schaufelberger, Cathy Grant, Tim
Stainton, Terry Robinson, Jeff Moulins, Susan Whittaker, Laney Bryenton, Jo
Dickey, Lynn Rolko, Cathy Anthony are all TSC Members who have agreed to
continue on the interim board. (Cathy Anthony asked for clarification
on her ability to sit as a family member as she is also an employee of Simon
Fraser Society for Community Living - CLC members agreed that her role is
not an Executive role at SFSCL, and her family interest and involvement has
been strong for many years.)
- Moved that the 12 people from the TSC be supported by the CLC as members
of the interim authority - Moved by Bill, seconded by Jordan: CARRIED
- Other Nominations: Nominating Committee - developed the following list
of names: Elaine Fawcett - Kootenays, Klaus Linemayr - Vernon, Sherry MacDonald - NorthEast, Lorraine
Ward, North Shore, Family member who sat on Joint Budget Working Group,
Rod Gunn - former General Manager of CKNW, Family member, Ross Smith -
President of St. Christopher's Foundation - Former Managing Partner of KPMG,
Family member.
- Nominations from the Floor: Jordan nominated Heidi Gluschko of
Abbotsford, mother of a four-year-old son with autism, runs a family
business, has done work on connecting with University of Washington and
Laurel Group to develop a training program for skilled therapists for
children with autism. Lori Emmanuels nominated Ken Fox of Burnaby, a
father of an adult son who has a microboard. He has participated in
Parent Advisory Council at school, following him all the way through school.
He has experience working with the Ministry and developing individualized
budgets, hiring staff, and overseeing the ongoing operations of a small
community residence.
- Moved by Ron Whittaker, seconded by Jordan, that all the nominations go
forward to the Minister for his selection. CARRIED People nominated
from the floor need to provide a short 50-60 word biography to assist the
minister. Send these bios to
lindaperry@microboard.org .
- There is a meeting on November 14th with the Minister to resolve
outstanding issues as the Interim Authority moves forward:
- Further nominations to the Board
- Resources available to the Interim Board
- Community Consultation process - ensuring TSC member participation in
public meetings over next 90 days...
- Evaluation process: When is 30 days up?
- Children in Care: There is no resolution with Child & Family
Development Authorities on who will serve Children in Care: There needs to
be a small working group put together to resolve this issue before the 30
day review period is complete.
- Supported Child Care budget: Joint Policy Directorate has voted
against the cuts to the program and written a letter to Minister outlining
rationale for no cuts. The cuts to this program are entirely in
opposition to the Minister's statement on supporting families.
- Role of Joint Policy Directorate needs to be cemented by inclusion in
MOU.
Moved that the Coalition express their deep distress to the Minister
about cuts to Supported Child Care and the serious risks cuts to this
program will cause. Moved by Cathy Anthony and seconded by Arlene
Schouten: CARRIED Small working group for November 14th was
appointed: Laney Bryenton, Al Etmanski and Doug Walls.
- Next Meeting of Coalition: Friday, November 22nd - 10am - 2pm,
Location to be determined - Maria Glaze will confirm...
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