Friday, September 15th, 2006 from 11am to 2:00pm
Co-Chairs: Carol Stinson, Gerry Juzenas
Minutes – ALLIANCE for Community Living (Formerly the
Coalition)
1.Introductions conducted
2. Agenda reviewed and revised: Added items regarding
Woodlands Class Action, CLBC Eligibility, BCACL Youth Transitions Meetings,
Disability Benefits and Volunteer Incentive...
3. Class Action: A member reported that they attended a hearing on September 5,
2006 at Supreme Court of BC – before Judge Nancy Morrison. Poyner Baxter and
Public Trustee were both represented.
Poyner Baxter:
http://www.poynerbaxter.com/Woodlands.htm - also, full text of claim
available online:
http://www.poynerbaxter.com/Woodlands/statement%20of%20claim.htm
– proposed settlement discussed – Between William
Joseph Richard and WHM
as plaintiffs and the Queen (defendant)…
Poyner Baxter – trying to remove WHM as a plaintiff.
Arishenkoff – October 2005 – states that Crown is not liable for actions of
employees before August 1, 1974. Leave to appeal this to Supreme Court Canada has
been denied.
Poyner Baxter confirmed that for 10 months they had met with Attorney General to
develop settlement but had not consulted with his clients because he had signed
a confidentiality agreement with government. Plaintiffs wonder who PB is working
for?
Divide the class to two groups – those discharged before August 1974 and those
discharged after August 1974.
BC Coalition of People with Disabilities has asked
Klein Lyons to step in.
Klein Lyons has agreed to act on behalf of a group of plaintiffs – hoping to
represent entire group – two principles:
- equal restitution
- no exclusions
Poyner Baxter settlement requires assessment based on 8 levels of abuse that
people may have experienced. Points are assigned to abuse and compensation would
be based on total points.
Next hearing is Tuesday, September 19, 2006 at 10am at 800 Smithe Street,
Vancouver. People are invited to attend to show their support.
2. New Minister – BC Family Net has meeting with Minister Christensen on
September 22, 2006. As well, they are meeting with Lois Hollstedt, chair of CLBC
and one of their staff and board members (hopefully a family member) on the 19th
of September. As well, BC Family Net has met with NDP critic for MCFD.
3. Family Focus Conference – October 20, 21, 22nd 2006. Please circulate to
people who might be interested. Pre-Conference date on October 20 addresses
inclusive education and is available to teachers looking for a professional
development opportunity as October 20, 2006 is a province wide professional
development day for all teachers.
4. Eligibility: Government is appealing ruling that strikes down using IQ of 70
as a cutoff. The following is CLBC's current definition of developmental
disability:
CLBC Annual Report - 2006 - Page 12:
What is a developmental disability?
It is defined as “measured intellectual functioning of approximately 70 IQ or
lower, with onset before age 18, and measured significant limitations in two or
more adaptive skill areas.” Eligibility criteria reflects the internationally
accepted definition of a developmental disability including IQ measurement of 70
[with a standard error of three to five points] and the key role adaptive skills
play in both the definition and determination of eligibility for services.
5. Disability Benefits: Persons with Disability benefits can also get a $100
monthly incentive payment for volunteering in the community. There are questions
about whether a married couple could each receive the $100 monthly volunteer
incentive payment. Carol will follow up with the BCCPD to see what they know
about the issue and the policies.
6. Institutional Legacy Trust Fund - $510.00 cheques have been sent to everyone
known to have lived at Woodlands, Glendale, Tranquille and Endicott Centre. If
people know of someone who has not received a cheque and has lived at one of the
above institutions, please forward them to:
-
anita.nevistic@gov.bc.ca or call
1-888-387-3354 – and provide the following information:
- Name
- Date of Birth
- Current Address and Phone Number
- name of institution where the person lived and when they lived there.
7. Residential Options Project: Presentation by Jacinta Eni, Project Manager,
now working for CLBC – temporary position. The other project manager is Andrea
Baker, formerly employed by North Shore Association for the Mentally
Handicapped, also a temporary CLBC employee.
A one page overview of the project was
distributed.
- the project is primarily about choice – about ensuring that people in
residential services have the opportunity to express their satisfaction with
their current living arrangement. Many people in residential services found
their current residence based on what was available, not what they wanted or
preferred. These people will get the opportunity to express their satisfaction
with their current services. Many agencies actively communicate with the
residents and their families and regularly provide opportunities for expression
of satisfaction or dissatisfaction. Other agencies do less consultation and
residents and families have not had opportunities to express satisfaction or
dissatisfaction.
- 2,800 people live in staffed residential settings. The number of people is the
reason that only people in staffed residential settings are being interviewed
first.
- Process:
- Agencies will be visited first – Residential Options staff will ask the agency
about the best way to contact individuals and families served by this agency.
- Agency will be asked by Residential Options staff if each person served is, in
their opinion, well placed or would like to consider a change.
- Each individual and family will also be met with by Residential Options staff.
The preference is that Residential Options staff meet with individual and family
without the agency present. Individuals and families have expressed concern that
by expressing a desire for a change, they will experience a backlash from the
agency.
- Families have expressed concerns about this “agency first” process but Jacinta
explained that by contacting the agency first, the Residential Options staff are
able to be given alerts about sensitive situations (residents with 90 year old
mothers who have expressed their desire to have their family member remain in a
stable situation and do not want to be upset unnecessarily).
- In talking with agencies, there may be folks who do not have immediate
families. Residential Options staff will work with agencies to develop trusted
advisors who can assist the individual to feel supported while being interviewed.
- Another product of the project will be a detailed summary of where everyone
lives, how satisfied they are with services and how many are willing to explore
alternative services. This information is needed to satisfy Treasury Board
that CLBC has been rigorous in reviewing its current services for any potential
savings due to moving people from to less expensive models of support.
A question was asked about legislative authority to
conduct this project. In the legislation that creates CLBC:
8. Transition Issues for Young Adults: Families have been gathered together for
meetings in Langley and Vancouver. Many stories were shared about the challenges
families of young people face when they come to the end of their school career.
They are asked to make complex plans and proposals which then get rejected by CLBC. Either the plan is missing some piece of information or the plan is
rejected on the basis of lack of funding available. Many families are forced to
quit jobs to stay home and care for young adults. BCACL is coordinating
additional meetings to facilitate families connecting and working together. They
would like to support families to meet with MLA’s to identify the need for more
Community Living funding. CLBC is responsible for the services, but the
government is responsible for appropriate funding for CLBC.
A number of actions were agreed upon at the BCACL
Meetings. Families agreed to file a complaint with CLBC where appropriate,
noting that Waitlists is an area of concern to be listed under Details of the
Complaint on the CLBC complaint form (available at:
http://www.communitylivingbc.ca/complaints.htm). The need to connect with
MLAs was also discussed. Since we met in July we know of two families meeting
with MLAs to discuss their concerns.
As well, the Provincial government is consulting right now on next year’s
budget:
link to meeting dates:
http://www.leg.bc.ca/cmt/38thparl/session-2/fgs/5-38-2-4-4.asp
9. Legislation as a mechanism to ensure access to services. Laney
(BCACL) forwarded the
article and research from 2003.
The article is linked here.
We will discuss this at next Alliance meeting.
9. Mental Health supports – Tertiary Care – Provincial Assessment Centre (PAC) –
is there an update on what CLBC is planning for this function across the
Province? We will attempt to get an update from Doug Woollard at CLBC and
perhaps he an attend the next meeting. (We could ask Doug to cover an update on
Individualized Funding as well).
Next Meeting – November 17th 2006 11am to 1pm (Happy Birthday, Gerry! - Nov 17,
2006) -
Education Room - Burnaby Association for Community Inclusion (BACI) - 2702
Norland Avenue, Burnaby, BC