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Ursula LeeParticipant
Hello fellow FEATers,
Recently I asked your opinion on the practice of consultants requesting that the programs be returned upon termination of your relationship with that service provider as I was faced with that problem. Thank you everyone for your response and feedback, which I greatly appreciated. The opinion was unanimous that programs should belong to the child/family. On the question of the regularity of this occurring it appeared to be rare (1 of about 30 that responded). I learned a few things from this experience and there have been some helpful suggestions and points made from the feedback I received, that I would like to share with you here for general information.
Disclaimer: I offer this as my own thoughts for general information only. It is not directed at any particular individual or group. It should not be viewed as a legal, authoritative or binding opinion.
1. Program ownership
Everyone who responded felt that the programs belong to the child/family. Here are at least 3 other good reasons why you must keep ALL your programs.
First, you could be audited by the Ministry, and the audit can occur many years after your expenditure. You must be able to justify how you spent their money. If you are claiming ABA as a medical expense on your tax return, you could be audited by CRA. You must be able to prove this expense. Having the data sheets alone might not be acceptable evidence.
Second, this is your childs complete and permanent medical record. Consultants and therapists may come and go. The one constant is your treatment record. In developing current programs, your consultant may need to know what was previously tried, what worked, what didnt work, what was the sd issued, what were the success/mastery criteria, how was data collected, etc etc. All of this information is crucial and contained in the program write up.
Third, if you are ever involved in legal proceedings, for example bringing a law suit against a school board (as in the Hewko case) you will need to bring ALL your treatment records into evidence.
For at least these reasons you must retain ALL of your programs.Your service provider may be concerned that programs are used without their supervision. This is not your concern as long as you abide by the law in retaining your records and do not knowingly disseminate the programs for personal profit. If your next consultant is qualified and reputable, they will likely not be using the previous consultants programs anyway. If your next consultant is unqualified, then using someone elses programs is the least of your concerns. If your contract indicates some things must be returned, clarify exactly what this means. You must find a way to reconcile this so that the completeness of your childs medical record is not compromised. This is, after all, not only crucial, but also very personal and sensitive information.
2. Theft/Stealing
If items such as programs are removed from your home without your permission, you can bring charges of theft against the person who removed the programs and likely also whoever else is involved in this undertaking all the way to the top. For example if your service provider instructed someone else (like a lead therapist or intern) on the team to take something without your permission, and your service provider was in turn acting on the approval of his or her supervisor, then all could be named. If convicted, this would go into their Criminal Record.3. Unprofessional behavior
If you are treated badly or your service provider behaves unethically (for example breach of confidentiality, malicious acts against your team members (such as malicious gossip, harassment of your therapists directly or indirectly), non-delivery of promised services, etc), you have recourse to complain to the Ministry via ACT (Autism Community Training), which maintains a Registry of approved service providers (RASP). If they receive multiple complaints against a specific service provider, a pattern will emerge. Depending on the severity of the complaint(s), the service provider could be removed from the RASP list. My understanding is that not being on the RASP list does not mean they cannot practice, it simply means they are not approved by ACT and the Ministry for payment under the Autism Funding program.
Here is a link to the ACT site and Complaint form.
http://www.actbc.ca/
http://www.actbc.ca/RASP/Complaints/Complaint_Form_RASP.pdfYou may also send a complaint or copy of the complaint to the Autism Society of BC as they are frequently asked about service providers.
Examine your contract. Clarify with your consultant. If you are considering hiring a new service provider, clarify this and other important issues first (for example, ownership of programs, qualifications of the service provider, role of supervisors, termination procedures, etc).
A regulatory body is badly needed to govern the conduct and quality of service providers. Im sure this will eventually happen. But until that day, we will have to rely on our wits and each other. We can talk to each other, and this includes discussing experiences about consultants, both good and bad. We are allowed to do this. It is not a mistake to talk freely as long as you do not do this maliciously or untruthfully. Luckily, most qualified service providers are decent people.You may contact me at:
ursulalee@telus.netUrsula LeeParticipantHello fellow FEATers,
Recently I asked your opinion on the practice of consultants requesting that the programs be returned upon termination of your relationship with that service provider as I was faced with that problem. Thank you everyone for your response and feedback, which I greatly appreciated. The opinion was unanimous that programs should belong to the child/family. On the question of the regularity of this occurring it appeared to be rare (1 of about 30 that responded). I learned a few things from this experience and there have been some helpful suggestions and points made from the feedback I received, that I would like to share with you here for general information.
Disclaimer: I offer this as my own thoughts for general information only. It is not directed at any particular individual or group. It should not be viewed as a legal, authoritative or binding opinion.
1. Program ownership
Everyone who responded felt that the programs belong to the child/family. Here are at least 3 other good reasons why you must keep ALL your programs.
First, you could be audited by the Ministry, and the audit can occur many years after your expenditure. You must be able to justify how you spent their money. If you are claiming ABA as a medical expense on your tax return, you could be audited by CRA. You must be able to prove this expense. Having the data sheets alone might not be acceptable evidence.
Second, this is your childs complete and permanent medical record. Consultants and therapists may come and go. The one constant is your treatment record. In developing current programs, your consultant may need to know what was previously tried, what worked, what didnt work, what was the sd issued, what were the success/mastery criteria, how was data collected, etc etc. All of this information is crucial and contained in the program write up.
Third, if you are ever involved in legal proceedings, for example bringing a law suit against a school board (as in the Hewko case) you will need to bring ALL your treatment records into evidence.
For at least these reasons you must retain ALL of your programs.Your service provider may be concerned that programs are used without their supervision. This is not your concern as long as you abide by the law in retaining your records and do not knowingly disseminate the programs for personal profit. If your next consultant is qualified and reputable, they will likely not be using the previous consultants programs anyway. If your next consultant is unqualified, then using someone elses programs is the least of your concerns. If your contract indicates some things must be returned, clarify exactly what this means. You must find a way to reconcile this so that the completeness of your childs medical record is not compromised. This is, after all, not only crucial, but also very personal and sensitive information.
2. Theft/Stealing
If items such as programs are removed from your home without your permission, you can bring charges of theft against the person who removed the programs and likely also whoever else is involved in this undertaking all the way to the top. For example if your service provider instructed someone else (like a lead therapist or intern) on the team to take something without your permission, and your service provider was in turn acting on the approval of his or her supervisor, then all could be named. If convicted, this would go into their Criminal Record.3. Unprofessional behavior
If you are treated badly or your service provider behaves unethically (for example breach of confidentiality, malicious acts against your team members (such as malicious gossip, harassment of your therapists directly or indirectly), non-delivery of promised services, etc), you have recourse to complain to the Ministry via ACT (Autism Community Training), which maintains a Registry of approved service providers (RASP). If they receive multiple complaints against a specific service provider, a pattern will emerge. Depending on the severity of the complaint(s), the service provider could be removed from the RASP list. My understanding is that not being on the RASP list does not mean they cannot practice, it simply means they are not approved by ACT and the Ministry for payment under the Autism Funding program.
Here is a link to the ACT site and Complaint form.
http://www.actbc.ca/
http://www.actbc.ca/RASP/Complaints/Complaint_Form_RASP.pdfYou may also send a complaint or copy of the complaint to the Autism Society of BC as they are frequently asked about service providers.
Examine your contract. Clarify with your consultant. If you are considering hiring a new service provider, clarify this and other important issues first (for example, ownership of programs, qualifications of the service provider, role of supervisors, termination procedures, etc).
A regulatory body is badly needed to govern the conduct and quality of service providers. Im sure this will eventually happen. But until that day, we will have to rely on our wits and each other. We can talk to each other, and this includes discussing experiences about consultants, both good and bad. We are allowed to do this. It is not a mistake to talk freely as long as you do not do this maliciously or untruthfully. Luckily, most qualified service providers are decent people.You may contact me at:
ursulalee@telus.netUrsula LeeParticipantHello fellow FEATers,
I need some help or advice.
I am in the process of switching consultants. My current consultant, who has been with us for 4 years, since we started ABA when my son was 2, is insisting that all the program writeups must be removed and go back to her. My feeling is that all the writeups and data and documentation forming my son's treatment record belong to me. I will never use these programs again, but in the future, I may need to refer to what was previously done/tried. She insists, the programs will be removed even before the end of the month while we are still using them (will stop using at the end of Feb). I paid a lot of money for this service and have already paid till the end of Feb for her services.
I would like to get some opinions and also whether this is common practice for consultants to remove their programs when they leave. This is a very important issue for all families using consultants. I think you should clarify with your own consultant so you do not run into the same problem, and write it into your contract. This issue was not in my contract with my consultant.
I would appreciate feedback, opinions including a legal opinion if there is anyone out there who is a lawyer.
If you would like to contact me or find out who my consultant is, you may reach me at:
ursulalee@telus.net
tel: 604-374-5830
or 604-535-8082thnx
Ursula LeeUrsula LeeParticipantHello fellow FEATers,
I need some help or advice.
I am in the process of switching consultants. My current consultant, who has been with us for 4 years, since we started ABA when my son was 2, is insisting that all the program writeups must be removed and go back to her. My feeling is that all the writeups and data and documentation forming my son's treatment record belong to me. I will never use these programs again, but in the future, I may need to refer to what was previously done/tried. She insists, the programs will be removed even before the end of the month while we are still using them (will stop using at the end of Feb). I paid a lot of money for this service and have already paid till the end of Feb for her services.
I would like to get some opinions and also whether this is common practice for consultants to remove their programs when they leave. This is a very important issue for all families using consultants. I think you should clarify with your own consultant so you do not run into the same problem, and write it into your contract. This issue was not in my contract with my consultant.
I would appreciate feedback, opinions including a legal opinion if there is anyone out there who is a lawyer.
If you would like to contact me or find out who my consultant is, you may reach me at:
ursulalee@telus.net
tel: 604-374-5830
or 604-535-8082thnx
UrsulaUrsula LeeParticipantWe have an opening for a Lead Therapist on a well-established home team. My son is 6 years old. Highly verbal, learns quickly. Loads of fun. We have been doing ABA for 4 years.
The consultant is Michele Shilvock and Intern Joanne Ma.
Salary commensurate with experience.
We live in South Surrey.If you are interested in this position,
please contact:
Ursula Lee
email: uleemeyer@gmail.comUrsula LeeParticipantIMMEDIATE OPENING FOR EXPERIENCED ABA TUTOR IN SOUTH SURREY/WHITE ROCK
Position open immediately for experienced ABA tutor. Lots of summer hours.
Salary: negotiable based on experience.
Consultant: Michele ShilvockIf interested, please email : ursula9@telus.net
Ursula LeeParticipantWe are looking for someone who is energetic and playful, loves children to join a seasoned team for a delightful 5 year old boy. Anywhere from
1- 4 shifts (4-12 hours) per week available. Experience preferred but not necesarry as excellent training will be provided.
Great opportunity for students interested in Psychology, Education or Special education.We live in South Surrey/White Rock.Call: Ursula at 604-535-8082 or email: ursulalee@telus.net
Ursula LeeParticipantNew report by American Academy of pediatrics on diagnosis and managementof autism.
See
http://www.aap.orgUrsula LeeParticipantCanadian Govt gives grant to Lebanese Autism Society.
How ironic
http://www.dailystar.com.lb/article.asp?edition_id=1&categ_id=1&article_id=80696
Ursula LeeParticipantDave, thanks for pointing out that little nugget from Linda Reid. There needs to be an organized push to get the govt to increase funding. $20K has never been enough and now covers even less! Direct EIBI programs have always been funded at a higher rate -I have heard figures around $60K- which is entirely in keeping with current expenses. I can't imagine what sort of "research" they have done. They have only to do some simple math on the "reconciliation" form we submit at year end which shows how much we spend vs how much we get, just in case we didn't spend all the money they gave us and may want to return some! They must have some idea at least what therapists are paid, based on that survey they sent out earlier this year.
We need to challenge Ms Reid on her research.
We need to meet with our MLAs and continue to push for increased funding. -
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