[FEAT BC Admin]

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[Deleted User]

Convention on the Rights of the Child November 29/89
United Nations
signed by Canada

Although Mike Harris has failed his CHILDREN on his watch…Canada without a doubt has failed hers.

The United Nations has proclaimed that childhood is entitled to special care and assistance.

Convinced that the familly as the fundamental group of society and the natural environment for the growth and well being of all its members and particularily children should be afforded the necessary protection and assistance so that it can fully assume its responsibilities.

Violations Specific to Ontario IBI

Article 1
For the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained.
*note in Canada the age of majority IS 18 years of age

Article 2.1
States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardians race, color, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.

– the Ontario IBI program is discrimnitory by virture of its limitations
it discriminates within the disability by requiring the child to be " severe" to receive treatment
* that is like saying your cancer is not severe enough so we will not treat you even though the
the law has deemed your treatment as medically necessary

it further discriminates by Birth/age not offering treatment to those beyond the age of five
* despite two studies that support the theory that the brain continues to undergo
changes AFTER age five,the Ontario IBI program limits non universal access to appropriate
and necessary medical intervention for autism to those 5 and under.

the government reports " Research indicates that intensive intervention services are most
effective when initiated early in a child's life."
* when do we say to a person with cancer, it's very far advanced so therefore we will offer
you no medically necessary treatment…just go home and hope for the best.
Even when treatment may be less effective in the irradication of dis-ease and or dis-order
we still fight to preserve quality of life and health status.

Subsequently it also discriminates against the status of family.
* Regional Agency discriminates against single custody parents.
It requires the parent/guardian be in the home while necessary medical treatment is being
delivered to the child.
This clearly discriminates against single custody working parents by NOT offereing an
alternative which is center based treatment.
Is it the position of the Ontario government and subsequently Regional Agencies
that single working parents in LOW INCOME brackets quit their jobs in order to meet
the parent/guardian in home requirement and go on welfare?
Or is it encumbant upon the parent to find more financial resources to pay a second person
to be in the home in order to keep their job.

Article 2.2
States Parties shall take all appropriate measures to ensure that the child is protected against
all forms of discrimination or punishment on the basis of status, activities, expressed opinions, or beliefs of the child's parents, legal guardians, or family members.

– the Ontario IBI program violates this article
it discriminates against parents finding direct funding in the best interest of their child
by NOT providing funding to cover required clinical supervison costs but does cover
this cost if the regional agency is selected as treatment provider

– the Ontario IBI program further violates this article
providing two different levels of funding for the same treatment if the parent feels it is
in the best interest of their child to receive direct funding vs regional treatment – if the parent chooses a treatment provider ( usually American ) with a history of success and expertise

*note regional agency will NOT disclose their costs based on a 30 hour/week program
second request has been submitted to ErinOak with C.c Tedesco/Witmer
may need to access information through " Freedom of Information Office" if Regional
Agency does not provide information relavent to making an educated and informed
decision that will have bearing on the best interests of the child

Article 3.1
In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interest of the child shall be a primary consideration.

– the Ontario IBI program violates this article
thousands of children sit on wait lists for medically necessary treatment and therefore is
NOT making the best interest of these children a primary consideration and further
directly conflicts with the government statement ( however biased) " research indicates
that intensive intervention services are most effective when initiated early in a child's
life"

if the government of Ontario can allocate 198million per year for Substance abuse
surely they will allocate sufficient funds to provide ALL children fighting for their lives
the medically necessary treatment they are entitled to under the Charter of Rights ,
Ontario Human Rights Act and the Convention on the Rights of the Child, and in
a timely manner

it also violates this article by offering only " partial " medically necessary treatment
( less than 40 hours )
* note regional agency and COMSOC representative have both referred to studies that
showed "effectiveness" ( note NOT BEST OUTCOME) with
20-40 hours. Neither party has been willing and or able to produce these studies to date
* it would be unheard of for a person with cancer to be offered only half a chemo
treatment or partial radiation therapy, because of course with any medically necessary
intervention
BEST OUTCOME is ALWAYS the desired outcome and " effective" does not
necessarily relfect BEST OUTCOME

3.2
States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures.

6.2
States Parties shall ensure to the maximum extent possible the survival and development of the child.

23.1
States Parties recognize that a mentally or physically disabled child should enjoy a full and decent life, in conditions that ensure dignity, promote self-reliance and facilitate the child's active participation in the community.

23.2
States Parties recognize the right of the disabled child to special care and shall encourage and ensure the extension, subject to available resources, to the eligible child and those responsible for his or her care, of assistance for which application is made and which is appropriate to the child's condition and to the circumstances of the parents or others caring for the child.

23.3
Recognizing the special needs of a disabled child, assistance extended in accordance with paragraph 2 of the present article shall be provided free of charge, whenever possible, taking into account the financial resources of the parents or others caring for the child, and shall be designed to ensure that the disabled child has effective access to and receives, education, training, health care services, rehabilitation services, preparation for employment and recreation opportunities in a manner conductive to the child's achieving the fullest possible social intergration and individual development, including his or her cultural and spiritual development.

24.1
States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States parties shall strive to ensure that no child is deprived of his or her right of access to such health care services.

24.2b
To ensure the provision of medical assistance and health care to all children with emphasis on the development on primary health care.

27.1
States Parties recognize the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development.

27.2
The parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions necessary for the child's development.

In accordance with the Convention periodic reviews were/are carried out to help ensure Parties are complying with the Articles set out in the United Nations Charter and subsequently the Convention on the Rights of the Child.
In November of 1999 the Globe and Mail summarized this report and found Canada to be in violation of several articles but in particular was critical of the way disabled children are treated.
The right of handicapped youngsters to participate fully in Canadian society is systematically violated, the study said.
The article by Andre Picard reports;
Canada is systematically violating seven articles of the United Nations Convention on the rights of the child, with the most glaring failure its treatment of disabled children, according to the report released today.
The report says children in Canada with disabilities are not guaranteed basic educational and social services.
Dianne Bascombe, a board member of the CCRC said in an interview " ….from the standpoint of children living in Canada there is a lot of work to be done. We can't allow ourselves to be complacent."
The Convention on the Rights of the Child, which was adopted by the United Nations in 1989, is touted as the most comprehensive human rights document in history.
Twenty countries have included the convention in their constitutions, and another 32 have modified laws to comply with its terms.
Senator Landon Pearson , the founding chairwoman of the coalition, said that Canadian legislation rarely recognizes children specifically, and that means adults can place arbitrary limits on children's fundamental freedoms.
"Putting children in legislation matters because it makes people understand that we are talking about human beings with rights, not chattel, " she said.
The 138 page report, entitled How Does Canada Measure Up?, says there are at least
535, 000 children in Canada who have long-term emotional, physical or mental disability, with at least 4% of them considered severely disabled. Those numbers have not been measured since1991. The report says these children's right to participate fully in Canadian society is systematically violated.
"Children with disabilities having varying opportunities to live full and decent lives and the supports and services they need are not considered an entitlement but a privilege. Many families of children with disabilities do not recieve adequate assistance. Early identification and intervention services are not universally available and the right to appropriate education in the most enabling environment is not guaranteed," the report says.

for more information visit the UNICEF website
http://www.unicef.org
or type in " United Nations Convention on the Rights of the Child" your search engine

I have spoken with a representative of the United Nations and shall update the list as I aquire information. I will be able to post any relevant information by the end of next week.

[Deleted User]

Dear Ontarians and fellow Canadians… ( cross posting from ME LIST)

Over the next few days I will be posting information to the ME-LIST.
I am posting the information in case it may be of value to other parents in Ontario and Canada that may not be aware or have had access to this information prior.
I may lose formatting in the posts, so if you need them in format you may email me privately.
I am in no way suggesting any parent be forced to advocate in a way that they are not comfortable with.
I am not a lawyer and as a disclaimer must say that no action should be taken unless you fully understand
the action and perhaps seeking legal advice in some cases may be warranted.

It is my STRONG opinion that my child's rights are being violated.
1. his rights under the Human Rights Code of Ontario
2. his rights under the Canadian Charter of Rights
3. his rights established by the Convention of the Rights of the Child ( signed by CANADA) are being
violated

The information is based on my son's case , however if it can in anyway help anyone else who feels the same violations are occuring against their child/children feel free to use anything.

Without change to legislation it is more then likely that our children's right to medically necessary treatment for their autism as determined by the Supreme Court of British Columbia will continue to be violated.
It is also possible that new governments may not honor what may provincially be in place without changes to legislation to protect our children.
Best Regards,
Norrah Whitney

[Deleted User]

I wanted to respond to Jean's post ( forgive spelling no spellcheck)…

If the program goes through without the " option" for private funding, I can not tell you what you will be given in words that would still deem me a lady.
It is the very fact that we have this option in Ontario that keeps " some" sense of competition and quality of medically necessary intervention where it is.
If you do not speak now…you will have an Ontario on your hands-
As for the ASO in BC and the woman who suggested that monies might not be managed by parents properly…might I suggest someone direct her to the Ontario program.
I chose direct funding option and trust me their are safe guards…christ I can't even take a pee on my child's time without reporting it to them!
there are logs that have to be turned in
you have to open an account that is ONLY for IBI services/funding
what you CAN"T account for they will take away from you from your next quarter anyway
there is REQUIRED clinical supervision 10% a week of total program hours by a REGISTERED Phyc. whose " medical licsence" could be on the line if their was knowledge of missuse or abuse of the funding eg. only sch 4 hour therapy bill six they would have NO part of it
and that is sort of all beyond the fact that most of us have lost everything to gain a child, but now since its not our money we would steal…
if thats true then Mike Harris is a kind and companssionate man.
I have no doubt with Jean and Sabrina you will make your argument…
if I have one word of advice, dont' sit back and expect others to get it together….you might be more than disappointed by the outcome…
you may be devestated as you watch people who have no clue what they are doing , train as they go on your child with no checks or measures…
lets open a book read a few lines and call ourselves ABA therapists who will hold your child's life in their hands….
FIGHT FIGHT FIGHT!

[Mike & Jean]

By Mike & Jean (Lewis) on Monday, August 6, 2001 – 08:51 pm:

URGENT – TO ALL PARENTS

I had the opportunity to attend a meeting last Wednesday August 1st hosted by Robin Syme and others from
the Ministry for Children and Family Development. The new Deputy Minister of MCFD asked his policy makers
to invite parents to this meeting to hear their input with respect to parent choice.

I would like to thank the new Liberal Government for finally inviting FEAT parents to the table to share their
concerns.

The majority of the parents present were parents of children who are eligable for the government's new "EIBI"
program as well as parents with children over six the majority of whom are doing Lovaas-style ABA programs.
There was also a large contingent from the Autism Society of BC.

Parents were invited to give Robin Syme etal. their 'wishlist' on how to incorporate 'parent choice' into this
program which we believe to already be flawed.

I presented FEAT's official position which as you know is as follows:
1) The responsibility for 'medically necessary' autism treatment be moved to the Ministry of Health.

2) The EIBI program be cancelled immediately as it is not sceince-based, it will create government controlled
service provider monopolies which are antithetical to parent choice and are hugely expensive.

3) Individualized funding be made directly to families so families can choose their own service provider of
choice.

4) Medically necessary autism treatment does not stop at the age of six. It continues for as long as a physician
prescribes it.

At the conclusion of this two hour meeting where all participants had an opportunity to speak, the following
themes were unanimous:

1) Give individualized funding directly to parents. They will choose their own qualified provider.

2) Given the choice between the 'EIBI' program and individualized funding parent unanimously chose
individualized funding.

3) The funding needs to start immediately and carry on as long as needed.

Now is the time for all parents (those there at the meeting and those who were not present) who are in favour
of individualized funding to be heard! August 7th is the close date for the second round of RFP responses to be
selected as service providers. Later in August, early September it is the governments intention to select from
this exercise additional service providers who will be assigned geographic areas to provide 'EIBI' services.
This will be the only option available to parents if the present plan continues to proceed without change. FEAT
of BC's position has always been clear – parents must have the right to choose the service provider of their
choice. Not one who has been deemed appropriate by MCFD.

I urge all parents to contact the following ministers to voice their positions on:

1) individualized funding
2) the EIBI program
3) funding for those over the age of six
4) to thank the Liberal Governemnt for forcing the civil servants to give FEAT members a place at the table.

1) Gordon Hogg – Minister MCFD
e-mail – gordon.hogg.mla@leg.bc.ca
Fax # 250-387-9722
Tel # 250-387-9699

2) Colin Hansen – Minister of Health Service
e-mail – colin.hansen.mla@leg.bc.ca
Fax # – 250-356-9587
Tel # – 250-953-3547

3) Linda Reid – Minister of State – Early Childhood Development
e-mail – linda.reid.mla@leg.bc.ca
Fax # 250-356-8337
Tel # 250-356-7662

4) Premier Campbell
e-mail – gordon.campbell.mla@leg.bc.ca
Fax# 250-387-0087
Tel # 250-387-1715

Please ask for a response from each individual you contact and please send a copy of your letters and any
responses to info@featbc.org or fax them to 604-534-9527.

FEAT of BC advocates on behalf of all BC children for their right to medically necessary autism treatment.

The time to act is now!

Thank you,

Jean Lewis
Director – FEAT of BC
Please copy any e-mail co

[Sabrina Freeman]

*** ATTENTION ALL PARENTS WITH KIDS UNDER 6 ***

To all FEAT BC parents in the Lower Mainland with children under age 6, I have important information for you.

Please e-mail me your phone number to skfreeman@featbc.org so I can contact you.

Thank you!

Sabrina
FEAT BC

[Maureen St. Cyr]

I would recommend Tom Wong to anyone
looking for an accountant who is (a) very
familiar with our kids and their expenses, and
(b) honest, straightforward, and reasonable in
his billings. Tom's phone number is 876-
2777. His office is just south of Broadway on
Main. His company is called United
Professional Accounting Services.

[Deleted User]

We are looking for a referral to an accountant who is familiar with disability tax credits, income tax, and other ways to claim ABA treatment.

Thanks,
Michelle and Justin
Parents to Breanna and Griffen

[Diana Sabbagh]

I would like to speak to parents who have experience working with pecs or sign language.
My e-mail is: di20d@yahoo.com
Thanx.
Diana

[Carla Grant]

If there is anyone in the Prince George area who is looking for an experienced therapist please contact me at 1-604-466-7841 or 1-604-788-0118 or email me at taryn_1@hotmail.com. I am finishing up my BSc in psychology and I have worked with several autistic children. Please contact me!!

[Carla Grant]

We have a couple of positions available for therapists for an eight year old girl in the Maple Ridge area. She has been doing therapy for two years now. She is progressing at an amazing rate and loves to learn. If anyone is interested please contact me! My phone number is 4667841 or 7880118 or email me at taryn_1@hotmail.com.

[Author]

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