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MemberOn September the FEAT BOARD ADMINISTRATION posted a notice which contained the following:
With respect to lawyers that are members of this group, we very much welcome and appreciate your opinions and thoughts regarding the ongoing legal battles we are fighting against government on behalf of children with autism. The contribution of robust discussions on legal topics helps many members of the group, but we ask that posts please exclude advertising for professional services. Other professionals such as autism consultants, speech and language pathologists, accountants, and so on, are similarly not permitted to advertise professional services on the FEAT BC board. Autism therapists and soon-to-be therapists i.e., paraprofessionals, are the only notable exception. Thank you all for your understanding and cooperation in this matter and for making the forum such a valuable meeting place.
Clearly this posting by the FEAT BOARD ADMINISTRATION was referring to my earlier posting dated September 10th 2003, wherein I had offered to assist families at a significantly reduced cost, that is, essentially at cost. I have to admit that it never occurred to me that it would be objectionable to the FEAT Administration, or to anyone else for that matter, to offer to include families in a law suit to obtain funding for their ABA/IBI program that I intend to commence in any event, on my daughter's behalf.
At the time of my posting on September 10, 2003, I was aware of NO FEAT BOARD Rules which my September 10th, 2003 posting in any way contravened. It certainly was never my intention to break any rules of the FEAT BOARD.
However, after reading the Board Administration's post about excluding advertising for professional services from the FEAT Board, I once again reviewed the administrative portions of the posted information. I could not find any paragraph that was relevant to your comments on advertising for professional services. I could not find any reference whatsoever in the publicized FEAT BC Discussion Group Rules, that my September 10th, 2003 posting in anyway contravened. Not only was there no public rule against advertising for lawyers, there was no public rule against advertising of any kind. Furthermore, there was no rule allowing the posting of Autism therapists and soon-to-be therapists i.e., paraprofessionals, as the only notable exception.
In particular the publicly posted Rules for members postings are included on the FEAT web site as follows:
FEAT BC Discussion Group Rules
To be a member in good standing, please respect the following:
1. Be courteous to each other. We ask you to refrain from abusive language, insults and profanity (swearing).
2. Personal attacks are not permissible in the FEAT BC Discussion Group. We respect all opinions even if we disagree with them.
3. This is NOT a confidential discussion forum. Responsibility for posts to the FEAT BC Discussion Group lies entirely with the author who posted the original message.
4. The FEAT BC Discussion Group has been designed to discuss any topic relevant to home-based A.B.A. programs (including Government funding and school issues). When we use the term A.B.A., we mean discrete-trial-based interventions (also referred to as "applied behaviour analysis" or "Lovaas" behavioural treatment) for autism and related disorders. This is not an appropriate forum to discuss the latest, unscientific cure of the day. If you would like to discuss alternative options, please go to THE AUTISM MAIL LIST.There was clearly nothing in the publicly posted Rules for members that relates in any way to advertising or to my offer to assist other families to obtain their court ordered ABA/IBI funding at essentially my cost.
Could the FEAT BOARD Administration please post the existing "unpublicized" rules that they were referring to, so that this matter could be clarified for all professionals, including myself? When did these existing unpublicized rules come into effect and how were members supposed to know about them if they were not publicized?
Joyce Dassonville GN LLB
Family Law and Health & Disability LawAddress:# 114 8532 120th Street
Surrey, British Columbia
V3W 3N5
Phone: (604) 598-8623
Fax: (604) 598-8624
Email: joyce@dassonvillelaw.ca
Web Page:www.dassonvillelaw.caMemberJust a reminder about the upcoming FEAT of BC Basic Therapist workshop:
Ive received a few emails and phone calls regarding registration for this workshop and thought I would post on the board to clarify that registration is through FEAT of BC. The registration form can be downloaded from:
http://www.featbc.org/downloads/abtw.pdf
This is a great opportunity for all those SEAs and teachers who are working with a child in the classroom who is in an ABA program in the home, as well as Students who are interested in training to become a therapist and parents who have a child in an ABA program to learn more about:
Discrete Trial Teaching
Prompting
Reinforcement
Teaching Approaches
Data collection
Behavioural Terminology
Generalization and Maintenance
Professionalism and ConfidentialityIn addition there are lots of hands on learning opportunities including actual practice time (with fellow classmates) implementing the strategies taught while being supervised and overseen by two Senior behavioural instructors. The feedback we have received on this hands on learning time has been phenomenal!
(A big thank you to all those from the Nanaimo workshop who have sent glowing emails about the last workshop!)
Please note: these workshops fill up quickly so for all of you who have expressed interest in coming but have not yet registered, I would highly recommend that you do so soon as to avoid being disappointed.
Hope that answers all of the questions I have been receiving from people, see you at the workshop!
Michelle Karren
MemberBelow I have copied and pasted the leter I sent today asking for funding of my daughter's ABA/IBI program to the Ministry of Children & Family Development Childrens Community Living Services.
The letter below was sent on family letterhead, not my lawyer's letterhead. I want the social worker to feel like she wants to help, even if she is not allowed to. Note how clear and firm the letter is, notwithstanding that it is still very polite. No need to antagonize the front line worker who you will have to deal with time and time again.
Please feel free to copy/Plagiarize my letter or any parts of it, if you feel it is of any asistance to you in your efforts to obtain your ABA/IBI funding as per the Anderson decision.
Attention: [name of social worker]
Dear: Ms.
RE: [name of child] and payment of IBI Funding pursuant to the Auton (BCCA) and Anderson (BCSC) decisions
Further to our telephone conversation earlier today, I am writing to commence the necessary government administrative procedures required to obtain the full funding of my daughters IBI medically necessary treatment as per the above noted court decisions. I have enclosed the accounts setting out the amount that I have been billed for IBI services for my daughter [name of child], while resident in the province of BC, all dated after July 26, 2000. Please note that the Accounts from [name of US provider]are in US dollars.
Enclosed are the following accounts:
1. [List of accounts]
Please confirm that it will not be necessary to commence yet another court judicial review. The court in the Anderson decision made it quite clear that it should not be necessary to litigate the same issues time after time. I am aware of no reason as to why there should be any delay in payment. If you are aware of any reasons that would justify a delay in full payment, please advise me immediately so any outstanding issues can be dealt with forthwith.
To further, quote the Court in Anderson:
I am persuaded that the Attorney General should not be permitted to re-litigate the issue of its treatment of autistic children. In a case such as this, there are numerous potential claimants. There is a single respondent. The principal issues are common in all cases. They were fully explored in Auton and, subject to revision on appeal to the Supreme Court of Canada, must stand. It should not be necessary to litigate the same issues time after time on the basis that the claimants are different.
The Court in Anderson then further stated in its decision the following:
The nature of the constraints under which a court must operate when fixing a remedy under s. 24(1) of the Charter is not defined. One should expect that where one crafts a remedy in relation to the violation of equality rights of specific members of a group comprised of many individuals, one can reasonably anticipate that others in the group will justifiably say "me too". That is the case presently. In so far as the care requirements of these petitioners are concerned, I see no reason why the petitioners before me should be entitled to anything less than the Court of Appeal has afforded the Auton petitioners. Nothing that I can discern from the majority reasons of the Court of Appeal identifies a characteristic that sets the Auton petitioners apart from those before me. Affording any lesser relief would further the discrimination and inequality that have been associated with the treatment of autism and autism spectrum disorder.
Finally, the Court in Anderson ordered as follows:
An order is granted in the following terms:
1. The Crown has violated the infant petitioners' rights under s. 15(1) of the Charter of Rights and Freedoms from and after July 26, 2000.
2. Each infant petitioner is entitled to government funded treatment in the nature of that which they have or had been receiving provided that such treatment should still be useful.
3. The Crown is required to fund such treatment for each infant petitioner from July 26, 2000, provided that the infant petitioner establishes usefulness of treatment by a written opinion from a physician supported by a written opinion from a qualified paediatrician or psychologist, such treatment to continue until the medical view is that no further significant benefit in alleviating the autistic condition can reasonably be expected from continuation of treatment.
4. The Crown may challenge the efficacy, intensity and duration of treatment of any of the infant petitioners by a process reached by consent of the parties, or failing agreement, through a hearing in the Supreme Court of British Columbia.
When I submitted my application for the $6,000.00 of IBI funding that your department was offering in April 2003, I gave you copies of my daughters medical records setting out the requirement of IBI therapy. If you require additional medical and or psychology reports, please advise me immediately and I will ask the professionals, who are currently treating Dominique to prepare new updated reports forthwith. I trust that the medical report will be paid for by the party requiring the report.
The enclosed accounts as well as the medical reports submitted at a much earlier date would appear to be the documentation required as per the Anderson decision. If additional documentation is required I trust you will notify me on or before Wednesday, September 17, 2003 as per our discussion on timing.
It is unquestionably a major step forward for children with autism to finally have their constitutional rights to receive medically necessary treatment dealt with by way of administrative procedures without the necessity of resorting to legal action. Prompt and full payment for their medically necessary treatment by the BC government will also be a major step forward for children with autism.
Finally, can you please confirm where I should have the professionals direct their future accounts? Should they begin sending their accounts directly to your department or another government department?
As per our telephone conversation earlier today, I understand that you are extremely busy this week, but have free time in the early part of next week. I know that you fully intend to assist me in every way possible to receive the full court ordered funding for the IBI treatment that my daughter urgently requires, therefore if I do not hear back from you in writing on or before Wednesday, September 17, 2003, I will take your lack of response as a refusal to attend to this matter imposed on you by your superiors. I sincerely hope that your superiors will not tie your hands in this matter. I can think of no other reason that would explain a delay in your response as per our telephone discussion on timing.
I look forward to hearing back from you, on or before Wednesday, September 17, 2003, as per our discussion on timing. I thank-you in advance for your much needed assistance and look forward to working with you in the future, as my daughters IBI therapy will be ongoing for some time yet.
Yours truly,
Joyce Dassonville
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:www.dassonvillelaw.caMemberIEP Parent Panel + Therapy Materials SWAP MEET
Come One, Come All – School is NOW in Session!
On Mon September 22, 7-9pm at the WV Library we are pleased to present School is NOW in Session: A Parent Presentation on Writing Hardcore IEPs and School Treatment Plans; Effectively Managing the Home/School Relationship; How to Take Data/Track ABC Charts at School; and How to Find the Best School Shadow for Your Child.
This is also a Therapy Materials SWAPMEET, so bring your old therapy materials in good condition to sell or trade. Entrance is by donation; coffee and treats supplied. PLease note that this is a "PARENTS ONLY" session — Parents, we hope that you can join us for this very educational session.
Sharpen your pencils and bring your notebooks – We will help you slay your giant!
Tamara + Anissa
ASBC North Shore Co-Facilitators
_____________________________________Monday September 22; 7:00-9:00 pm; Peter J. Peters Room
School is NOW in Session: A Parent Presentation on Writing Hardcore IEPs and School Treatment Plans; Effectively Managing the Home/School Relationship; How to Take Data/Track ABC Charts at School; and How to Find the Best School Shadow for Your Child.
Intro to Panel + topics; 10 min 7:05-7:15
Tamara Leger + Anissa Lalani1. Writing Hardcore IEPs and School Treatment Plans 20 min 7:15-7:45
1.1 What Should Be In Your Child's IEP
– how does this fit with a home based program and how does it differ
– what goals go to school
– who writes the IEP
1.2 What Does a Great IEP Look Like
– show a great IEP and a lousy IEP, explain why they are great/lousy
– setting goals, measuring results
– mastering items and resetting goals
1. 3 How to Take Data/Track ABC Charts at School
– recess/lunch, circle time, academic vs. social skills
– who is responsible for covering the ground (teacher/SEA)
– who evaluates the data
– behaviours vs. learning2. How to Find a Great School Shadow 20 min 7:45-8:15
2.1 Setting the SEA Criteria:
– SEA + IEP goals
– what is a good SEA, what is not so good
– should they work on the home team + why
2.2 Finding a Good SEA:
– finding someone in the school system
– bringing someone from your home team in
– general "great qualities" of a SEA3. Effectively Managing the Home/School Relationship 20 min 8:15-8:45
– communication + meetings
– working with the school case manager
– accountability: who is responsible for covering the IEP ground (teacher/SEA)
– testing + SLP services: private or let the school test/provide service
– field trips, SEA and reporting structure4. Conclusion 15 min 8:45-9:00
MemberI 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 & MediatorAddress: # 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.caMemberDoes anyone know of a reputable DAN! Dr. or a Clinical Ecologist in the lower mainland?
Please email me at magnolias@telus.net if you have any info.
ThanksMemberCan 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.
MemberHi,
Still trying to find a Speech Path…preferably someone who does not charge $75 to get to my house.
If you know of one please email me at: magnolias@telus.netMemberHas anyone ever tried the gluten free and dairy free elimination diet with their child? If you have any information/opinions on it please email me at:
magnolias@telus.netMemberHow is everyone doing as far as obtaining assignment of an ABA qualified SEA or SEE or classroom assistant for your children in the public system? School starts next week.
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