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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 - 1,571 through 1,580 (of 2,008 total)
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  • #2864
    Deleted User
    Member

    I am writing in response to the question "What does the last ruling in the case against the Government means to parents not involved in the law suit but still paying for therapy?" (The Anderson decision)

    The bottom line is that each and every child with autism, 18 years of age or younger is entitled to the full cost of their ABA or IBI therapy as of July 27, 2000.

    The practical version of the declaration by the courts is that no child/parent will see a penny of that funding unless they send the written documentation that is specified requested in the Anderson decision and then also specifically request the court ordered funding for their child, on a one by one basis. Do not expect the government to go looking for parents of autistic children, (even the ones currently receiving some funding), as it is not going to happen. (My daughter received the $6,000.00 as she is over the age of 6, yet I received no call offering me more money. (No surprize there!))

    I called my social worker today, and as expected she was totally caught off guard having no idea that there was a new court ruling, let alone that parent's of autistic children are now seeking funding pursuant to the Anderson decision.

    Start with your local social worker (the one you were in contact with to get the under/over age 6 funding) and specifically ask; to whom do you send the necessary documentation and formal request. I have started my application for the funding and will follow-up on each and every aspect of it until my daughter's 100% funding arrives in the mail.

    As an experienced litigation lawyer and a Mom of a child with autism, who has been fighting (and continues to fight) the Nova Scotia government and the Halifax Regional School Board, prior to returning to BC, I am ready and prepared to be the next to go to court in BC so that I can quickly secure my daughter's court ordered funding. I am now seeking the payments through the "normal channels" and if it is not forthcoming immediately, I will be off to court in a flash.

    As I am going to commence this court action on behalf of my own daughter anyway, I will be happy to assist other families to do the same, at the same time, at a significantly reduced cost from my (or other lawyers) normal fee.

    If anyone wishes my help, please feel free to contact me at my new law office in Surrey, which will be officially open as of September 15, 2003. My new office phone number is active now, and my email and web page will be active by Monday.

    In the meantime, be sure to begin making your requests for funding in writting to your current social worker. Specifically ask who is the correct person to go to next, in your residential location. Give very short turn around times for a reply in your letters.

    Joyce Dassonville GN LLB
    Lawyer & Mediator

    Address: # 114 – 8532 120th Street
    Surrey, British Columbia
    V3W 3N5
    Phone: (604) 598-8623
    Fax: (604) 598-8624
    Email: joyce@dassonvillelaw.ca
    Web Page: http://www.dassonvillelaw.ca

    #2863
    Deleted User
    Member

    Can anyone tell me what the last ruling in the case against the Government to fund treatment means for us parents (ones not involved in the class action lawsuit)paying astronomical amounts for therapy. I have been told that the Government has to start paying for the treatment. Any info would be greatly appreciated.

    #2862
    Isaac
    Participant

    Story from the CBC reprinted below
    **********************************************

    Parents of Autistic Kids Win Again in Canada

    http://vancouver.cbc.ca/regional/servlet/View?filename=bc_autism20030823

    Vancouver – A parents' group has won a third round in its ongoing court battle with the B.C. government over funding for specialized treatment of children with autism.

    A B.C. Supreme Court judge has ordered the province to pay for the Lovaas treatment of another 23 autistic children.

    In his judgment, Mr. Justice Ian Pitfield said the government had violated the rights of the children under the Charter of Rights and Freedoms by denying them the treatment.

    LINK: Text of judge's decision http://www.courts.gov.bc.ca/Jdb-txt/SC/03/12/2003BCSC1299.htm

    The intensive program requires 40 hours a week of one-on-one therapy that costs up to $60,000 a year.

    The parents say Premier Gordon Campbell broke an election promise by not fully funding the autism treatments. The province has only agreed to pay a third of the cost – about $20,000 a year per child.

    LINK: Families for Early Autism Treatment of B.C. http://www.featbc.org/

    In his ruling Friday, Mr. Justice Pitfield ordered the government to pay for the treatment retroactive to July 26, 2000 — “ the date of the parents' first court victory in their fight for full funding.

    The province had appealed that original decision to the B.C. Court of Appeal which upheld the parents' position. The province is now taking the case to the Supreme Court of Canada.

    #2861
    Isaac
    Participant

    RE: B.C. Supreme Court autism treatment ruling (August 2003)

    The Anderson vs. AGBC decision is also available for download from the FEAT server at this address:

    –>https://featbc.org/downloads/AndersonJudgement.pdf<– endlink

    Isaac

    #2860

    Found a way to make the URL more usable — here you go:

    http://www.courts.gov.bc.ca/Jdb-txt/SC/03/12/2003BCSC1299.htm

    #2859

    The judgement can be found at the following URL — if this
    rather long location prints on two lines select the entire
    thing and paste it into your browser location field, or
    simply retype it there.

    http://www.courts.gov.bc.ca/Jdb-txt/SC/03/12/
    2003BCSC1299.htm

    #2858
    David Chan
    Member

    the andersen decision is posted on

    http://www.courts.gov.bc.ca

    then click supreme court

    #2857
    Deleted User
    Member

    Does anybody know the website for accessing the BC Supreme court ruling in the recent Anderson et al. case?

    #2856
    Isaac
    Participant

    The Vancouver Sun ran a story on Saturday (08/23/03) about a significant victory in B.C. Supreme Court for twenty-three families regarding medically necessary autism treatment.

    To read the story, please download from the FEAT server at this address:

    https://featbc.org/downloads/Sun030823.pdf

    Isaac
    (Miki’s Dad)

    #2855
    Deleted User
    Member

    In the Vancouver Province today:

    'Prove to us we were not a photo op'

    Margaret Birrell
    The Province

    Wednesday, July 30, 2003

    More broken promises, more penny-wise and dollar-foolish policy as the government refuses to pay for the treatment that will help people living with autism. We share the deep disappointment of the Cucek family and the other families who will be impacted by this shortsighted decision.

    It is astonishing that Children and Family Development Minister Gordon Hogg cites the fact that autism is more prevalent now than 20 years ago to justify the decision not to fund the treatment his government promised to provide.

    If the government does not fund the treatment, hundreds of families will suffer and B.C.'s taxpayers will bear the brunt of the resulting costs of institutionalized care.

    We call on the government to honour its pre-election promises. By doing so, it will prove to the families that they were not used as an election campaign photo opportunity.

    Margaret Birrell,

    B.C. Coalition of People with Disabilities

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