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  • #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 - 1,511 through 1,520 (of 2,008 total)
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  • #1610
    Isaac
    Participant

    In reply to queries on the Auton hearing in June at Supreme Court of Canada, the newspaper articles on the case are available at the FEAT-BC site at this address: http://www.featbc.org/the_media/

    The Globe and Mail's Justice reporter, Kirk Makin, is the most informative; he's done the best job reporting on this story. Also, he was actually AT the SCC hearing all day, suffering through voluminous lies, deceit and distortions served up by 8 provinces and your federal government's Attorney General — a more thoroughly disgusting display of realpolitik one could not possibly dream up.

    Isaac (Miki's Dad)

    #1611
    Mike & Jean
    Participant

    Advisory from the Canadian Public Access Channel (CPAC):
    >
    >The first 4 hours of the 5 hour Auton case at the Supreme
    >Court of Canada will be airing on CPAC Saturday, June 19, 8
    >AM to 12 Noon Eastern time, and repeated June 20 from 1 AM
    >to 5 AM ET. The fifth hour will be aired the following week
    >on June 26, 8 to 9 AM Eastern, and repeated June 27 from 1
    >to 2 AM.
    >

    #1612
    FEAT BC Admin
    Keymaster

    Advisory from the Canadian Public Access Channel (CPAC):

    The first 4 hours of the 5 hour Auton case at the Supreme Court of Canada will be airing on CPAC Saturday, June 19, 8 AM to 12 Noon Eastern time, and repeated June 20 from 1 AM to 5 AM ET. The fifth hour will be aired the following week on June 26, 8 to 9 AM Eastern, and repeated June 27 from 1 to 2 AM.

    #1613
    David Chan
    Member

    I called cpac which is the cable station that's
    broadcasts the supreme court proccedings.
    check your local cable listings.

    The name of the program is called
    "JURISPRUDENCE" A GAVEL TO GAVEL
    COVERAGE OF SUPREME COURT
    PROCEEDINGS

    The show runs for four hours so best set the
    VCR, also airs really early morning. like
    5:00am when I spoke to the woman at CPAC
    she told me that it might be a few weeks
    before the Auton proceedings will air, and
    when I checked the web site, they showed that
    the program might be pre-empted for election
    coverage, so Stay tuned and I will try and keep
    everyone posted

    Dave

    #1614
    FEAT BC Admin
    Keymaster

    A summary of Canada's print media on the recent Supreme Court of Canada court case on medically necessary autism treatment is below. Especially noteworthy are two Globe and Mail articles filed by the paper's justice reporter.

    Globe and Mail, Saturday, June 5th- And Coverage For All
    http://www.globeandmail.ca/servlet/ArticleNews/TPStory/LAC/20040605/COURT05//?query=autism

    Globe and Mail, Thursday, June 10th – Page A10 Fighting autism too costly, top court told
    http://www.globeandmail.ca/servlet/ArticleNews/TPStory/LAC/20040610/SUPREME10//?query=autism

    Canadian Press Sunday, June 06, 2004- Case before Supreme Court could result in end of single tier
    health care
    http://www.canada.com/health/story.html?id=6EF140D9-6740-42F7-A84E-ABCFFE3B1152

    cnews Sunday, June 06, 2004- Medicare case before Supreme Court
    http://cnews.canoe.ca/CNEWS/Law/2004/06/06/488676-cp.html

    Calgary Herald Monday, June 07, 2004- Medicare on trial as Supreme Court hears health case
    http://www.canada.com/calgary/calgaryherald/news/story.html?id=31e51d22-7d7d-4636-b453-8452656bcb3e

    Calgary Sun Mon, June 7, 2004- Medicare courts changes
    http://www.canoe.ca/NewsStand/CalgarySun/News/2004/06/07/489057.html

    London Free Press Mon, June 7, 2004- Cases might change face of medicare
    http://www.canoe.ca/NewsStand/LondonFreePress/News/2004/06/07/488859.html

    Montreal Gazette Wed, June 9, 2004- Health care on trial in Supreme Court
    http://www.canada.com/montreal/montrealgazette/news/story.html?id=540bdb0c-6725-4fdc-a4c6-589eb728fe3b

    Globe and Mail, POSTED AT 2:43 AM EDT Thursday, Jun 10, 2004- The courts are no place to treat what
    ails medicare
    http://www.globeandmail.com/servlet/story/RTGAM.20040610.whealth10/BNStory/Front/

    Globe and Mail, Thursday, June 10th (front page and A8 – with a 5" x 8 1/2" close up of Miki playing the
    violin!)

    National Post Thursday, June 10th- Parents fight to make health care Charter right-Government lawyers
    say it would absorb 'unlimited budgets'
    http://www.canada.com/national/nationalpost/news/story.html?id=0404c7ee-cfd3-4af1-8a24-98a15804a764

    CanWest News Service Thursday, June 10, 2004- Parents fight to make health care Charter
    right-Government lawyers say it would absorb 'unlimited budgets'
    http://www.canada.com/search/story.html?id=0404c7ee-cfd3-4af1-8a24-98a15804a764

    National Post Saturday, June 12, 2004- Timely access to health care critical
    http://www.canada.com/national/nationalpost/news/story.html?id=ff71f3be-3de7-4c6f-af08-caa751b5f81b

    Canadian Press Saturday, June 12, 2004- Timely access to health care critical

    The Vancouver Sun- A-G's comments on autism case 'unseemly'
    http://www.canada.com/search/results.html?searchfor=autism

    The Province Newspaper- B.C. autism case to determine whether courts shape gov't spending
    http://www.canada.com/search/results.html?searchfor=autism

    Ottawa Citizen Newspaper- Costs crippling for autism care, top court told
    http://www.canada.com/search/results.html?searchfor=autism

    #1615
    Barbara Rodrigues
    Participant

    Hi everyone:

    I will be on CBC daybreak radio at 715 am tomorrow morning (for anyone up here in the Okanagan) if you wish to listen.
    This is in regards to the recent FEAT press release and of course the Supreme Court of Canada hearing.

    To those of you in the trenches – our hearts and prayers are with you in Ottawa. May justice finally be served for our kids and may this be the final victory for all of you at the end of a very long, very uphill road.

    Thank you for never, ever giving up.

    With you in spirit.

    Barbara Rodrigues
    Jeremy's Mom

    #1616
    FEAT BC Admin
    Keymaster

    From FEAT of Ontario:
    Subject: Supreme Court of Canada press release

    Children with Autism Head to Supreme Court of Canada to Defend Right to Health Care

    FOR IMMEDIATE RELEASE

    OTTAWA, Ontario June 7, 2004- Canada’s highly touted Health Care is a defining feature of Canadian nationhood, proudly hailed as one of the best systems in the world. One might wonder, then, why on June 9th and 10th children from all across Canada are venturing to the Supreme Court of Canada to defend their right to medical treatment to treat and ameliorate the symptoms of the disease they suffer from known as Autism.

    Intensive, "Applied Behavioural Analysis" (ABA Therapy), pioneered by Dr. O. Ivar Lovaas has been deemed “Medically Necessary Treatment” Autism, by the Supreme Court of British Columbia and the B.C. Court of Appeals.

    That decision is now being challenged by the province of British Columbia, in the Supreme Court of Canada.

    The Auton (www.featbc.org) case accuses the province of B.C. of outright discrimination. Five lower-court judges have found the Lovaas – ABA Therapy to be “Medically Necessary Treatment for Autism”, where “Court Orders” have been issued instructing the province to pay and that there had been a breech of the Charter section 15.1 which deals with Equality Rights.

    When posed with the question whether this is judicial activism on the part of the Supreme Court, Dr. Freeman a petitioner replied: "I have full confidence in the Supreme Court's ability to adjudicate on the matter – The Supreme Court of Canada has a responsibility as stewards of the Constitution to protect the rights of vulnerable minorities in Canadian society – So far, they have successfully sought out and determined the truth for themselves – next week should be no different."

    In an ironic twist of fate, little Luke Burrows one of the children represented by an Ontario Intervener in Auton, is the great grandson of Sir John Leo Whitney, one of the founding fathers of the Ontario Health Insurance Plan. Sir Whitney was appointed Commissioner by Premier Robarts to develop the current blueprint for healthcare in Ontario. Whitney served on the Medicade Inquiry Board furthering its vision to provide a system of healthcare based on need and not ability to pay. “The Judiciary has been given the solemn duty to steward and uphold the Charter of Rights and Freedoms,” said Norrah Whitney, continuing, “this isn’t a case of Judicial Activism as some would like to claim, but rather a case of Judicial Stewardship and in no case can Judicial Stewardship be more important when the welfare and protection of a child is at stake.”

    -30-

    #1617
    FEAT BC Admin
    Keymaster

    Autism in the news.

    To download the Globe and Mail feature regarding the upcoming Supreme Court of Canada hearing on the Auton case, please click here.

    http://www.featbc.org/files/media/newspapers/Globe-and_Mail_06_05_04.pdf

    #1618

    Hello gang. I guess we're in another federal election race . I had a thought the other day. I think we should all put together a letter that reads like this:

    —————

    Dear (Insert Your Name Here):

    As a candidate for the position of Member of Parliament, I am dismayed by the existence of a double standard in medical treatment in our country, specifically the exclusion from provincial health plans of the only scientifically-validated treatment for autism, Lovaas-ABA.

    If elected to government, I solemnly promise to immediately petition my party's Health Minister to withhold sufficient funds from provincial transfers to cover the cost of Lovaas-ABA treatment for any child who has it prescribed by their medical doctor, until such time as each and every province has included Lovaas-ABA treatment under their medical plan.

    If my party's Health Minister refuses to take this action, or if I am elected to opposition, I solemnly promise to immediately draft and table a Private Members Bill to force the specific inclusion of Lovaas-ABA in the National Health Act.

    Yours truly,

    (name of candidate here)

    ——————-

    Now, if we all take these letters to our campaigning candidates, we can see who's willing to sign on the dotted line. A promise in writing is not only valid, there is now legal precedent which says politicians must keep their promises. In other words, the next time anyone pulls what the BC Liberals did ("Promises? What promises?), we can sue them. I also like the idea of the House of Commons finding itself buried up to the neck in private member's bills.

    Just a thought….

    #1619

    This is a response to Dubravka May 5/2004:

    "I am having some difficulties with receiving the IEII funds for my 5 y/old child. In the past we have been receiving the $1,667.00 monthly without problem. From April 1st, since we have signed our new contract with the Ministry, we haven’t got any money for our ABA therapy yet.
    Does anyone of you parents have the same problem and since when?"

    Hello Dubravka,

    We have not actually yet signed a renewal for the new
    fiscal year – next Thursday. But I was told by MCFD
    that even when we do, it will take 4 to 6 weeks to
    process!!

    Well, we don't have a handy $4000.00 sitting around to
    pay our therapy team while waiting for a cheque. I
    called MCDF to find out why we have to wait and was
    told "there's nothing I can do." I called the
    Minister's office – Christie Clark – and did not
    receive a satisfactory answer. I spoke with the
    accountant in the Ministry and she said that she
    cannot issue a cheque until she has received a signed
    contract but that "it shouldn't take that long." When
    pressed how long it should take, she was evasive and
    said "we have over 10,000 contracts to process – but
    it should be immediate." I'm not holding my breath.

    Our daughter is also five – so we don't need to write
    a new contract, simply renew the existing one. I'm
    sure the gov't doesn't tell it's other contractors
    (and that's what families receiving IEII essentially
    are, contractors for their own children's ABA therapy)
    that "we're sorry, but we can't pay you for 4 to 6
    weeks because of the new fiscal year." Yet that is
    exactly what they told us. Too bad. It's outrageous
    that families with autistic children suffer such a
    disruption in benefits (AND THERAPY FOR THEIR
    CHILDREN) and that the Ministry then sloughs it off as
    an accounting problem.

    It was suggested that we do what other families do:
    pay our therapists out of our pocket and then
    "reimburse" ourselves when the retroactive payments
    come in from the Ministry. Would any other contractor
    "float a loan" for the government for 6 weeks – out of
    the goodness of their heart?!

    I'm no conspiracy theorist – so I'll just point out a
    few facts and let other make their own conclusions.

    Most families who opt for IEII select an ABA program
    for their children and support the litigants in the
    Auton case. These families are experiencing a
    disruption of benefits up to 3 months.

    Families whose children are enrolled in the government
    "EIBI" Program or with agencies such as Gateway do not
    suffer any disruption in "treatment." EIBI and Gateway
    support the defendant (government) in the Auton case.

    Politics?

    Anyone who is as angry as I am and wants to talk more about this – please email me at jackmalli@yahoo.com

Viewing 10 replies - 1,511 through 1,520 (of 2,008 total)
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