• Creator
    Topic
  • #75
    FEAT BC Admin
    Keymaster

    In this topic area, discussion is about the fight to secure Government funding for your A.B.A. treatment program. It is also the place to talk about your thoughts and ideas about how to establish new Government programs specifically designed for autism treatment.

    This is the place to hear input from parents who have fought for funding and won, as well as those who have fought for funding and would like to share their horror stories. There is a tendency to not share success stories once funding is secured. Please fight that tendency. By sharing our experience, we all become stronger.

     


    —-By FEAT BC (Freeman) on Saturday, January 3, 1998 – 03:16 pm:

    -Hi everyone!

    These are some things to think about in your dealings with government to help you to obtain support for your child’s Autism Treatment Program. These are my personal opinions and do not represent those of FEAT of BC or any other organization.

    Many of these observations are based on my personal experiences (and I believe it poetic justice to help every parent avoid being systematically abused by their social worker the way I was).

    Good luck to everyone! (Let’s all pull back the curtain on the Wizard of OZ).

    Sabrina

     


    How To Fight for Funding for Autism Treatment and Appropriate School Placement

    1. Establish a Paper Trail

    Always take notes, documenting major points of all conversations with government and school officials.

    This includes casual, in person conversations with social workers as well as ALL telephone conversations. All key points of discussion must be written down in your notes including the date and time of the discussion. This includes what was agreed upon, as well as what was not agreed upon.

    Then the notes should be used to write a letter recapping the substance and content of the conversation. This letter must then be mailed or faxed to the person with whom you had the conversation. In addition, a copy must be kept in your file (see section on the icci game).

    Why?

    It is important to formalize the interaction between you and Government officials. In addition, everyone is put on notice that they must closely adhere to their responsibilities, regulations and laws., Furthermore, they must then consider the paper trail you have created. This lets everyone know that the interaction can become public and that any abuses of power and authority can be formally appealed and/or publicized.

    In other words, they canit use discretion unfairly under the cloak of secrecy.

    2. Submit all Requests in Writing

    All your requests for your child must be submitted formally in writing with a copy included in your file and a copy, if necessary, sent to their immediate superiors.

    3. Set Deadlines for Action

    All formal requests for action must have a reasonable deadline set for that action. If no action or response is received by the deadline you have set (two weeks for example), then you will interpret the lack of response as a formal declination (a formal NO) of your requests.

    Why Set Deadlines?

    When bureaucrats do not want to do something, they will stall by ignoring you and your request. (As an aside, in the study of the bureaucracy, this is known as ithe power to do nothingi). They can string you along for years. When you have determined that the person you are interacting with is not inclined to help you or is not dealing in good faith, then you must take the initiative and formally label his/her behavior as obstructionist and de facto as a declination (a NO to your requests). This allows you to move to the next level of authority on your timetable to present your case. This takes the power to do nothing away from the bureaucrat with whom you are dealing. Simple stated, a bureaucrat who stalls and does nothing becomes irrelevant (use your invisible spray) and you move on to the next level of authority.

    How to icci?

    A cc. is a copy of your letter sent to someone other than the person you are writing. You put the cc. at the bottom left-hand corner of your letter followed by 2 spaces and the name of the person or people to whom you want to send a copy of the letter.

    Who to icci to?

    Sometimes it is best not to icci at all, especially in the early stages of the relationship (for example, your first letter to a social worker requesting assistance). This gives them the opportunity to do the right thing and does not present you as an overly combative person. When you start to run into problems, it is a good idea to send the icci to the 2 immediate superiors of the person you are having problems with. We do not recommend icciing all the way up the chain of command, since you want to give them a chance to solve the problem at the local level.

    Why send a icci copy?

    The reason for playing the icci game is that you want your interactions with the official to be known to his superior and possibly to other organizations so that 1) their action or inaction becomes a matter of record and 2) the individual knows he is being monitored. This helps minimize abuses of power and authority and helps encourage the official to meet their obligations and do the right thing.

    What is the sequence of letters?

    Find out the chain of command of the particular bureaucracy you are battling.

    TOP

    Minister
    Deputy Minister
    Children’s Ministry’s local region chain of command, all the way down to the District Supervisor
    and Social Worker
    Contacts can be found at the government directory: http://www.dir.gov.bc.ca/

    BOTTOM

    Start at the bottom and climb. At the Regional Operating Officer (ROO) level (once you have been declined) you have to decide whether to jump up to the top, threaten and then go to the media, or both. A word of wisdom: DO NOT BLUFF. If you are not willing to go all the way, they will ‘smell’ this. You must be prepared to take it right up to the Minister and beyond.

    Documentation from Experts:

    In your arsenal to fight for your child, it is wise to get his/her pediatrician and/or psychiatrist to write a letter on your childis behalf. In addition, any other experts who know your child and are sympathetic to what you are trying to do should become involved.

    When to hire a lawyer?

    If money is not an issue, you can hire a lawyer when you get to the area manager level. Make sure that you have a paper trail so the lawyer has something to work with. Also, have the lawyer give F.E.A.T. of B.C. a call, and we will send him/her information that will help.

    If money is an issue (as it is for most of us running autism treatment programs), you might want to hire a lawyer once you have been turned down by the Minister.

    How to hire a lawyer?

    The type of lawyer needed is a litigator, or trial lawyer. S/he does not need to be an expert in autism, or special needs; s/he needs to be experienced in suing governments, and enjoys being in court. Word of mouth is a good way to find a lawyer.

Viewing 10 replies - 1,711 through 1,720 (of 2,008 total)
  • Author
    Replies
  • #2756
    Theresa Jouan
    Participant

    Congratulations to all! Absolutely wonderful news….gosh. I can't even begin to imagine what all of you parents must be feeling. Thanks for being such a powerful voice for these individually precious kids/ adolescents!
    With my fingers crossed,

    Theresa Tournemille

    #2755
    Deleted User
    Member

    WOW!!!!!!!!!!!!YEAH!!!!!!!!!!!!!!!!!
    Congratulations to everyone who is involved in the lawsuit. Also Congratulations to every child/family who will benefit from your hard work and determination. A Wonderful achievement!

    #2754
    Barbara Rodrigues
    Participant

    Wow!!!!! This is so great!! Congratulations to everyone. Thanks so much to FEAT of B.C. most especially Sabrina who never ever let them get her down and decided to change the system to not only help her child but all of our children. Now because of that determination, dedication and strength – maybe someday soon, no other autistic child will have to bear the discrimination, the lack of funding, of treatment that our kids did ever in their lifetime.

    There's so many more of you all to thank, each of you that helped so much in many ways.

    Thanks especially to the families the 20 or so who back when this was all starting and funding was no where to be found – took that 5,000.00 out of your savings, your RRSP's, on your credit and helped make a change for not only your kids but so many kids. Thank you.

    And last but not least thanks to the lawyers including Brigitta whom I hear is the best.

    If I missed anyone it's not because I'm dishing you, just overwhelmed with the moment. Thank you to everyone. What a great victory.

    Many years ago when I was fighting for funding my motto was

    My name is Barbara Rodrigues
    My son is Jeremy
    He can not yet speak
    But his voice must be heard.

    Today FEAT and all those involved in this lawsuit-has given us the greatest gift- our children's voices will now be heard.

    Thank you so very much.

    Barbara
    Jeremy's Mom

    #2753
    Lou Arab
    Member

    Well big congratulations to the auton families.

    Perhaps Rachel and I left BC a little too soon. :)

    Can anyone tell us how this decision impacts funding levels? The BC government is funding therapy at about $20K per year, here in Alberta, Ethan's program is worth roughly $70k. I think its great that kids over the age of six may now get treatment, but will they get full funding, or roughly one third, as is the current practice?

    Lou Arab
    arab@shaw.ca

    #2752
    Deleted User
    Member

    Hi Everybody,

    YES!! YES!! YES!!!

    Let's hope the (beep) don't counter-appeal.

    Thanks FEAT!

    Franca

    #2751
    FEAT BC Admin
    Keymaster

    Subject: BC Court of Appeal Decides in Favour of Children in Auton v. AGBC
    From: Birgitta von Krosigk
    **********************************************

    The British Columbia Court of Appeal has ruled that children with autism and ASD have a constitutionally protected right to publicly funded intensive behavioural treatment. The Court ruled that the children had been discriminated against as their most important health care need was not covered under the public health care system. The government had refused for years to pay even though it was aware of the fact that the children's physicians were recommending the treatment.

    The Court upheld the damage award of $20,000 per family and the families were also entitled to compensation for the amounts spent on treatment since the declaration of the Charter breach (or July 2000). Funding for treatment is to continue as long as there is support from a physician that the treatment continues to be beneficial. This essentially eliminates any arbitrary age limit for access to funding such as age 5 or 6 (or school entry).

    The decision is available at the BC Court of Appeal website – the citation is 2002 BCCA 538.

    http://www.courts.gov.bc.ca/jdb-txt/ca/02/05 2002BCCA0538.htm

    Any inquiries, please contact:

    Birgitta von Krosigk
    Barrister & Solicitor
    217 – 1500 Marine Drive
    North Vancouver, BC V7P 1T7

    Ph.: (604) 904-4205
    Fax: (604) 904-4208
    e-mail: birgitta@krosigklaw.com

    #2750

    Hi Everyone,

    If you would like to download a copy of the Court of Appeal judgment, it can be accessed at
    http://www.courts.gov.bc.ca/jdb-txt/ca/02/05/2002BCCA0538.htm

    YES!!!

    #2749
    Deleted User
    Member

    Today's ruling from the Court of Appeal can be downloaded at http://www.courts.gov.bc.ca/jdb-txt/ca/02/05/2002BCCA0538.htm

    #2748
    Deleted User
    Member

    CONGRATULATIONS FEAT!!!!!!! I am so happy. I know that MSP should be covering this treatment and who knows maybe someday they will.

    #2747
    Nancy Robins
    Participant

    I just heard this news. I went to the web site and this is what is posted.

    Victory for parents of autistic children
    VICTORIA (CKNW/AM980) — The BC Court of Appeal has upheld a lower court ruling that the province must pay for the only effective therapy of treating children with autism.
    The intensive early behavioural therapy involves up to 40-hours of one-on-one therapy for young children each week, at a cost of up to $60,000 per year.
    Parents wanted the treatment covered, but the province had refused.

    What does this mean for all of us?

Viewing 10 replies - 1,711 through 1,720 (of 2,008 total)
  • You must be logged in to reply to this topic.