A Primer on Special Needs and the Law

Hot Off The Press ... TD Bank Joins The Fray

2009-11-08T00:56:00.000-04:00

Good news ... TD Canada Trust has announced that the RDSP is now available.

And with Scotiabank expected to come on board in a mere few weeks (November 23, 2009), that brings to five the number of banks which will be offering the RDSP nationally.

With totals apparently nearing close to 20,000 accounts opened and nearly $40 million distributed through Canada Disability Savings Grants and Canada Disability Savings Bonds. Yep, that's right, I said $40 million distributed from the Federal Government to individuals with disabilities.

And, as Doug advises us at the RDSP Blog, the banks are now starting to become more streamlined around setting up the RDSP and receiving Federal Government contributions into the plan. Which is very good news, indeed.

You Are My Sisters

2009-11-07T16:31:00.000-04:00

Many of you I have never even met face to face, but I've searched you out every day. I've looked for you on the internet, on playgrounds and in grocery stores.

I've become an expert at identifying you. You are well worn. You are stronger than you ever wanted to be. Your words ring experience, experience you culled with your very heart and soul. You are compassionate beyond the expectations of this world. You are my "sisters."

Yes, you and I, my friend, are sisters in a sorority. A very elite sorority. We are special. Just like any other sorority, we were chosen to be members. Some of us were invited to join immediately, some not for months or even years. Some of us even tried to refuse membership, but to no avail.

We were initiated in neurologist's offices and NICU units, in obstetrician's offices, in emergency rooms, and during ultrasounds. We were initiated with sombre telephone calls, consultations, evaluations, blood tests, x-rays, MRI films, and heart surgeries.

All of us have one thing in common. One day things were fine. We were pregnant, or we had just given birth, or we were nursing our newborn, or we were playing with our toddler. Yes, one minute everything was fine. Then, whether it happened in an instant, as it often does, or over the course of a few weeks or months, our entire lives changed. Something wasn't quite right.

Then we found ourselves mothers of children with special needs. We are united, we sisters, regardless of the diversity of our children's special needs. Some of our children undergo chemotherapy. Some need respirators and ventilators. Some are unable to talk, some are unable to walk. Some eat through feeding tubes. Some live in a different world. We do not discriminate against those mothers whose children's needs are not as "special" as our child's. We have mutual respect and empathy for all the women who walk in our shoes.

We are knowledgeable. We have educated ourselves with whatever materials we could find. We know "the" specialists in the field. We know "the" neurologists, "the" hospitals, "the" wonder drugs, "the" treatments. We know "the" tests that need to be done, we know "the" degenerative and progressive diseases and we hold our breath while our children are tested for them. Without formal education, we could become board certified in neurology, endocrinology, and psychology.

We have taken on our insurance companies and school boards to get what our children need to survive, and to flourish. We have prevailed upon the state to include augmentative communication devices in special education classes and mainstream schools for our children with cerebral palsy. We have laboured to prove to insurance companies the medical necessity of gait trainers and other adaptive equipment for our children with spinal cord defects. We have sued municipalities to have our children properly classified so they could receive education and evaluation commensurate with their diagnosis. We have learned to deal with the rest of the world, even if that means walking away from it.

We have tolerated scorn in supermarkets during "tantrums" and gritted our teeth while discipline was advocated by the person behind us on line. We have tolerated inane suggestions and home remedies from well-meaning strangers. We have tolerated mothers of children without special needs complaining about chicken pox and ear infections. We have learned that many of our closest friends can't understand what it's like to be in our sorority, and don't even want to try.

We have our own personal copies of Emily Perl Kingsley's "Welcome to Holland" and Erma Bombeck's "The Special Mother". We keep them by our bedside and read and reread them during our toughest hours. We have coped with holidays. We have found ways to get our physically handicapped children to the neighbours front doors on Halloween, and we have found ways to help our deaf children from the words, "trick or treat." We have painted a canvas of lights and a blazing Yule log with our words for our blind children. We have pureed turkey on Thanksgiving. We have bought white chocolate bunnies for Easter. And all the while, we have tried to create a festive atmosphere for the rest of our family.

We've gotten up every morning since our journey began wondering how we'd make it through another day, and gone to bed every evening not sure how we did it. We've mourned the fact that we never got to relax and sip red wine in Italy. We've mourned the fact that our trip to Holland has required much more baggage than we ever imagined when we first visited the travel agent. And we've mourned because we left for the airport without most of the things we needed for the trip.

But we, sisters, we keep the faith always. We never stop believing. Our love for our special children and our belief in all that they will achieve in life knows no bounds. We dream of them and home runs. We visualize them running sprints and marathons. We dream of them planting vegetable seeds, riding horses and chopping down trees. We hear their angelic voices singing Christmas carols. We see their palettes smeared with watercolours, and their fingers flying over ivory keys in a concert hall. We are amazed at the grace of their pirouettes. We never, never stop believing in all they will accomplish as they pass through this world.

But in the meantime, my sisters, the most important thing we do, is hold tight to their little hands as together we special mothers and our special children, reach for the stars.

By Maureen K. Higgins (borrowed from Daisy's Cafe)

Yet Another Survey ...

2009-11-05T09:26:00.002-04:00

Update: That was easy. Survey complete. Now it's your turn.

Decima Research is conducting a research study on behalf of Human Resources and Skills Development Canada. This study is about programs and services that are offered to Canadians with disabilities. We are looking to survey people with disabilities, their legal guardian, or their caregiver.

We are asking for your help to find people who meet this criteria and who would be willing to participate in this study.

Please be assured that all information collected will be kept confidential and will be used only for the purposes of this research study. The results will be reported in aggregate form only and no person or organization will be identified. The survey will take about 10 minutes to complete.

Participants can conduct the survey using any of the following methods:

1) ONLINE: Please provide eligible participants will [this website]: . This link will take them directly to Decima's secure online survey site.

2) TELEPHONE:
Please provide eligible participants with the following toll-free number to call: 1-888-288-0199. They can complete the survey immediately, or schedule an interview for a later date. Please ask them to reference study #47380.

3) TTY: Please provide eligible participants who have a hearing or speech impairment with the following email address: 47380@decima.com. They may contact us to arrange an interview date and time. We will then contact them via TTY through a Bell relay service operator at the time of their choosing.

Additionally, in a separate email I will send you a poster that you can use to help with recruitment. It has all the pertinent information on it, including a brief description of this study, the eligibility criteria, and the various ways participants can complete the survey.

For further information about this study, please contact:

Megan Tam
Vice President
613-230-2200 ext. 3095

On behalf of HRSDC, thank you for your help on this important study.

Practical Applications - Exempting Your Child from Core French

2009-11-03T01:47:00.001-04:00

It's one thing to discuss the big picture of how things should work in the world of special education. It can often be quite another thing to attempt to navigate through that maze on the ground.

I received a question last week asking about how to obtain an exemption from core French for a special needs child in Nova Scotia.

We have requested on several occasions that our son be exempted from French at school because of his disability (PDD-NOS/NLD). We have been told that the school is unable to exempt any student from French and that he will have to continue to take it even though there is no reasonable expectation that he will learn to use it. The school has offered an IPP (although it was never put in place, he currently draws pictures in French class) but we wanted him removed from French so that he could use those classes for organization and catch up (or maybe even some tutorial). We have been told there is no way around this although there are other children in the school who have been exempted from French. What is your take on this?

I ran into this last year with my oldest daughter. Ironically, she has always enjoyed French but I knew the time would come when it would be way over her head. Frankly, I was surprised that it took until Grade 8 before that occurred.

Also, somewhat ironically, although I had questioned the school about the possibility of a French exemption when she started Middle School, the thought never even entered my mind the night I wrote a note in the communication book complaining about the French homework she had brought home. Homework which involved translating whole sentences and which was way beyond her ability. Imagine my surprise to get a note home the next day saying that 'they' understood completely and would be applying for a French exemption for my daughter.

For those not so lucky, let's take a look at how the process of obtaining an exemption ~~should~~ works. Although, first, I should point out that "Core French" is only mandatory from Grades 4 through 9; after that it becomes an elective and the problem is effectively solved.

Much like we discussed in a previous post which set out the relationship between legislation, regulations and policy, the policies of any particular school must be in line with those of their school board. Which, in turn, must be in line with the Department of Education's policies in the relevant area.

As a parent being refused some accommodation, service or plan for your child, you will want want to follow this hierarchy from the top down in order to gather the information you need to make a sound argument. Meaning that first you would look to the Education Act to see if your situation is covered there. Whether or not it is, you would continue through a search of the both the Ministerial and Governor in Council Regulations made under the Act. Then you would continue to search the relevant Department of Education policies and finally your own school board policies.

READ MORE

Blawg in a Box

2009-10-27T22:24:00.008-03:00

The word "blog" is a shortened version of the term "web log". And much like the word google, it can now be used as either a noun or a verb.

The cutesy term "blawg" (which is what I call this gem of a site you are reading) was apparently coined by some lawyer to mean "a web log written by lawyers and/or concerned primarily with legal affairs".

So now I have this b-law-g (I warned you it was cutesy) on which I sometimes wonder what to write about. Oh sure, stuff comes up, either in my own life or a news item that grabs my attention and gives me blogging fodder. But sometimes it's hard to know what to write about next. Hard to know what you, dear reader, have a burning need to know more about.

I've asked on a couple of occasions in the past for reader input although, in all fairness, it has been a while. But come on, people, how often do you have your own personal legal person of whom you can ask a (reasonably generic) question free of charge?

So, fire away ... what subject to do with the law and special needs would you like to know more about? Perhaps it's a topic I've already covered but you still have a question on. Or you could always check out the labels at the bottom of the sidebar on the right hand side of the page to see if that helps with some inspiration.

In the meantime, I'm thinking that my next few posts might well be a little less legal related and a little more parent to parent. This past weekend, with my trip to the NBACL Conference preceded by a visit to the HACL library has left me with some interesting thoughts (and book recommendations) to share.

But, hey, if you don't fancy that, feel free to use the comment box or the e-mail link to suggest some more 'legalesque' topics. In the meantime, I think I might just entitle my next few posts something along the lines of 'Lessons Learned On The Road'...

** Although in all fairness, it did recently occur to me that one subject I have failed to blog about on this site is Nova Scotia's own Hyde Inquiry [which has been covered in some detail bit on the Schizophrenia Society of NS Weblog] and the whole issue of the police use of tasers on individuals with disabilities.

Which, in my defence, I blogged so much on the taser issue last year on my personal blog that, quite frankly, I think I got a bit tasered out. Still, it is a subject that I should (and, no doubt, will at some point) discuss here.

Talk About Short Notice

2009-10-26T15:55:00.003-03:00

Update: Thanks to Vicki at the Nova Scotia Partnership on Respite for passing on that the talk tonight (and the upcoming ones) are open to anyone interested.

Families whose children have special needs other than indicated on the poster are very welcome, and the talk will be generic (for the most part). Feel free to attend.

If you are attending, please call or email Kim Clarke at kim.clarke@iwk.nshealth.ca or 902-470-7039. Knowing numbers helps with having enough seats!

~ ~ ~ ~

Short notice, indeed!
But. It does LOOK interesting.

Although it does beg the question ... what about those of us whose children have intellectual disabilities?

Martime Kitchen Party

2009-10-22T13:37:00.007-03:00

I leave tomorrow for the one-day Maritime Kitchen Party in New Brunswick on Saturday.

And, yeah, I am looking forward to it.

I've never been able to attend any of the Association for Community Living's Conferences before. But I've always wanted to.

And although this means missing my annual trek to Tools for Life, I guess sometimes you just have to choose. I'm sorry to miss Tools for Life but I am sure it will be back again next year.

So here's to a good weekend. A little bit of learning, a little bit of networking, a little bit of respite. Doesn't sound so bad, does it?

If You Really Need To Know ...

2009-10-20T12:42:00.010-03:00

Well, it's official. I am sick and tired of being sick and tired.

But for those of you with a burning desire to get even more intimately acquainted with the intimate details of the RDSP before (or after) taking the plunge, might I recommend this article by Jamie Golembek, entitled "Planning with Registered Disability Savings Plans", in the Canadian Tax Journal.

The article comes recommended by Doug at the Registered Disability Savings Plan Blog. Which is about as good of a recommendation as you're going to get.

And with that done, I'm heading back to bed.
Send chicken noodle soup. Please.

Zero Tolerance = Zero Sense

2009-10-15T17:08:00.012-03:00

Zero tolerance has been variously defined as:

A "get tough" policy of making no exceptions in regards to a particular (usually criminal or undesirable) matter, born as a response to a general sense of uneven application of rules and punishments. To react to a proscribed activity or substance with absolute prejudice... Without regard to mitigating circumstances or conditions.

Authoritarian rule system whereby breaking of the rules is taken very seriously and punishment is overly severe to get the message through.

A common phrase referring all lack of being able to tolerate something. Often a policy referring to various rules to increase strictness and banish all regard for anything against the zero tolerance policy.

A policy, usually by American schools that any reference to a gun, violence, or drugs will get you expelled automatically with no trial.

You can find more on the history of the concept here.

Since the 1980s the phrase zero tolerance has signified a philosophy toward illegal conduct that favors strict imposition of penalties regardless of the individual circumstances of each case. ... Critics of zero tolerance believe that inflexible discipline policies produce harmful results. Moreover, school administrators have failed to use common sense in applying zero tolerance, leading to the expulsion of children for bringing to school such items as an aspirin or a plastic knife.

I have a friend who rightfully likes to note that common sense is the least most common sense of all. And that last statement about school administrators failing to use common sense in applying zero tolerance could probably win an award for the understatement of the year.

A six-year-old was ~~suspended~~ ordered to spend 45 days at his school district's "alternative school for troublemakers" after he brought a combination folding fork, knife and spoon to eat his lunch at his Delaware school last month.

The knife is banned as a dangerous instrument under the Christina School District’s zero-tolerance policy, which officials said required them to expel Zachary or send him to the equivalent of reform school regardless of his age or what he planned to do with the utensil.

But don't worry he's in good company - a fifth-grader in the same school district was expelled last year for bringing a birthday cake and a serrated knife to cut it with. In that case, perhaps, common sense prevailed; the expulsion was overturned.

The Board isn't too worried though. They seem to think they have it under control. They're prepared to consider a narrow change that wold affect only kindergartners and first-graders and allow for [wait for it] three to five day suspensions rather than mandating harsher punishments.

That's right, apparently the solution to 5 or 6 year old bringing his camping utensils to class is a 3 to 5 day suspension. As opposed to being expelled. Because that's compassion. That's common sense. And these are the people we entrust with the care, teaching and discipline of our children? What does that make us - as crazy as them?

But sadly for all of us, there's more to this than just the obvious insanity. In theory, Nova Scotia had recognized it's disparate income (or some might say, stupidity) and thus, does not have a zero tolerance policy. [See pages 2 & 3 of the link]

Notice I said "in theory". In reality, students are being suspended or otherwise punished for behaviour for which is a result of their disability. Behaviour over which they have little, if any, control.

READ MORE

Invitation

2009-10-13T19:54:00.003-03:00

The NS Partnership on Respite, Family Health and Well-being is pleased to invite you to our new webpage on Ning.com. Ning is a social networking site, but it has a look and a feel of a webpage. We have developed the site to offer you a central location for information and to connect with others around respite topics and issues.

You can easily access things like:

Information - The Caregivers Weekly is now called Tips of the Week. All issues of the Caregivers Weekly are stored on the Ning site.
Events - we have a calendar section with events listed. Just click on the event you want to learn about !
Forums - the site allows members to discuss issues on-line. Have a topic you want to discuss? Contact the Adminstrator at this email address and tell us what you are thinking of. A discussion can be set up very quickly.

This site will be used along with the Staying Connected email group. It offers you another way to be in contact with other families in the province. Starting this week, for instance, the Tips of the Week (Caregivers Weekly) will be sent out to the Staying Connected Group via email, as well as published on the Ning site. We hope this site will help the respite community continue to connect and interact together.

How do you find the site? Please enter www.respitepartnership.ning.com and click on Join Us on the right hand side of the screen. Just follow the on screen instructions. There will be a series of profile questions to answer. These are considered private and will only be seen by the administrator. Once you have completed the questions, the administrator will accept you and you have full access to the webpage.

So come and join us!

Regards

Vicki Harvey
NS Partnership on Respite

Henson Trust Clarification

2009-10-03T14:04:00.010-03:00

It was brought to my attention that some of my previous posts on the Henson Trust might have been a trifle misleading or confusing to some readers on the issue of whether or not such a Trust will work to protect the beneficiary's access to government benefits in Nova Scotia.

Looking back, I'm thinking that the wording of this post, in particular, might have caused some confusion. Which is unfortunate because what I was trying to say, what I meant to say, was what I think I had clearly set out in a previous post.

Now, don't be fooled by the first line; you actually have to read the whole thing.

Discretionary trusts will not protect your child's access to government benefits.

A discretionary trust is a type of trust where the Trustee is given discretion as to what types of investments to invest in and as to whether and when to distribute money to the beneficiaries. This type of trust is fairly common in a Will where one of the beneficiaries is a minor. Even though with this type of trust, the Trustee has the discretion to decide whether or not to distribute money to the beneficiary, this won't be sufficient for our purposes. Because with a discretionary trust, the beneficiary (your child, in this case) would still have the legal right to go to court and have the Trustee's exercise of discretion analyzed to ensure that it has been exercised reasonably. And if the court find that the Trustee has acted unreasonably, it can compel him to pay benefits to the beneficiary.

You will recall , however, that the Henson Trust is an absolute discretionary trust, meaning that the Trustee cannot be compelled (forced) to disburse money for the support of the beneficiary. In other words, your child, as the beneficiary of such a trust, will have absolutely no legal right to go to court and force the Trustee to provide any money to her. Theoretically, the Trustee could decide to never disburse any money from the trust and there would be nothing that anyone could do about it. But that is the crux of the matter, the good and the bad. That lack of control by your child is what is required to protect their access to government benefits. And also, incidentally, why you will want to choose your Trustee with great care. You are giving them a lot of power over your child's life.

So why is the Department taking the view that Henson Trusts are not valid in Nova Scotia and we are telling you otherwise?

You can read the rest of that post here.

The relevant point here is that although an ordinary discretionary trust will not be sufficient to protect a person's access to government benefits, I am reasonably confident that a Henson Trust will.

And that's not just my opinion; I have discussed this matter with both Ken Pope and Paul Miller, each of whom practice extensively in this area of the law, and although the matter has never been taken to court in Nova Scotia, we are all in agreement that if it was, it should be found valid.

So, I hope that's clear.

When it comes to protecting government benefits in Nova Scotia:

Ordinary, garden-variety discretionary trust - Bad.

Henson Trust - Good.

And, just as an aside, RDSP - Very Very Good.

'Shaking My Head'

2009-09-26T13:52:00.014-03:00

Six months ago, I opened a Registered Disability Savings Plan (RDSP) for my oldest daughter.

Deposited the amount ($1,500) that would garner the highest government contributions for the year. It's not like I would be able to deposit that much (or necessarily any) ever year but while I had access to the funds it seemed like a good idea. Sure, there were a few problems with the process at the time but I still felt like I had make a good choice.

Yesterday I went back to the Royal Bank to open a second RDSP for my youngest daughter. Which reminds me, as a side note, don't ever let anyone tell you that an individual with 'just' a learning disability will not be eligible for the Disability Tax Credit. Not only are they eligible but I have the living proof in my own home.

Dealing with the same sales rep as previously, we got to chatting. I suggested that he should be a pro at opening RDSPs by now. And was very surprised when he told me that he had only opened one more after mine (which was his first).

Six months and he had only opened one other RDSP?

So we chatted some more. Guardianship (and the cost of obtaining same) was definitely an issue for some of those whom he had talked to. I can certainly understand that. Some have real philosophical objections to the issue. Others simply can't afford the cost of hiring a lawyer. Those are legitimate issues. Ones which I hope to see progress on in the near future.

As a matter of a fact, I know of one family locally who is preceding with a guardianship application on their own. Well, not entirely on their own. With a little bit of help from their friends. It always helps to have precedents to work off. Still, it will be interesting to see how well it works for them.

I am pretty sure that judges are not use to see individuals applying for guardianship appearing on their own. Without legal counsel. Oh, the travesty. Hopefully, it will open the door to others taking the same course. I will let you know how they make out, if that's okay with them.

But back to my story. A little later, I asked the sales rep if he could tell me the current balance in my oldest daughter's RDSP. The one I had opened and made a one-time deposit of $1,500 in last February.

Would you believe it was over $6,000?

Not a bad return on investment for $1,500 deposited 6 months ago. I deposited the same amount ($1,500) in my youngest daughter's RDSP yesterday. And now I will sit back and watch it grow.

So here I sit shaking my head. Other than the guardianship issue, I honestly don't understand why more people aren't making use of the RDSP.

Hello! We're talking free money here, people. If the federal government is willing to thrown free money at my child, who am I to refuse?

PLAN put a lot of time, effort and hard work into having the RDSP move from a good idea in someone's head, through the political and legislative process, to become reality. And yet my sense is that (for some reason I cannot fully comprehend) a lot of people are not making use this incredible opportunity.

What? Is there anything more you need to know?

*Walks away, shaking head*

Response to Gov't Throne Speech

2009-09-21T16:32:00.013-03:00

Nova Scotia League for Equal Opportunities

Nova Scotia Speech from the Throne Disappoints Disability Advocates
The NDP Government’s Speech from the Throne last Thursday is disappointing for disability advocates and consumers. Government priorities indicate a commitment to inclusion and to leadership in social change. It promises to protect Nova Scotia’s most vulnerable and to recognize its citizen’s intrinsic value and the richness they bring to caring and compassionate communities. Unfortunately, with all the discussion of inclusion, diversity, and social change, there is not one mention of persons with disabilities in this speech.

“This is gravely disappointing because being left out of discussions that speak to making life better for the citizens of Nova Scotia is what persons with disabilities have become accustomed to in this province. Unfortunately, this speech does not point to the change in approach to disability issues we had hoped for in an NDP Government”, says Cynthia Bruce, Provincial Coordinator of the Nova Scotia League for Equal Opportunities (NSLEO). When considered in conjunction with the government’s response to the recently reported cases of abuse in Pictou County, it is even more disturbing. It indicates that the rights and well being of Nova Scotia’s 200,000 citizens with disabilities are not a priority for this government.

NSLEO Chair, Joan Levack says, "We strongly urge Darrel Dexter and his Cabinet to listen to the disability community and commit to the swift development and implementation of a disability strategy which will recognize the intrinsic value of persons with disabilities and which will guarantee flexible and individualized supports within a responsive and progressive system". With at least half of Nova Scotia’s families being affected in some way by disability, this is the only way to ensure this government provides a better deal for these Nova Scotia families. NSLEO looks forward to working collaboratively with this new government in a solution focused approach to ensuring this better deal, and we urge this government to engage the considerable leadership potential of the disability community in this process.

For further comment, please contact:
Cynthia Bruce, Provincial Coordinator
Nova Scotia League for Equal Opportunities
902-679-9147
leocoordinator@eastlink.ca
Joan Levack, Chair
Nova Scotia League for Equal Opportunities
902-538-0110
jlevack@ns.sympatico.ca

Personally, I would be willing to cut our new NDP government a bit more slack. It's still very early in the game and although I might just be naive (and a tiny bit desperate), I have to believe (at least for now) that the NDP will come through for us. At least, in part.

BUT. And this is a very big BUT, I think it's imperative that the disability community (that's us, by the way) get out there and make sure they hear our concerns. Again. Remind them about why we elected them. And what needs to be done.

Whether it's with regard to education, community services or some other issue. I see this as a prime time (indeed, what may be a once-in-a-lifetime opportunity) to get our voices heard by someone who may actually listen.

We made history once. Now we need to make it again.

Re-opening Pandora's Box

2009-09-20T19:08:00.000-03:00

You might recall our previous discussion around the Protection of Persons in Care Act. Initially passed in 2004, the Act did not come into force until October, 2007.

Across the province, 1,625 residents with developmental disabilities are housed at licensed group homes and residential centres that are covered by the Act; apparently, one of the highest per capita rates in Canada.

And since it's passage, we have been hearing reports about investigations following complaints.

The most recent being the nineteen cases of abuse confirmed at the adult residential care centre located in Riverton, Nova Scotia.

The list of founded abuse cases at Riverview — which means an incident is accepted as having happened — includes four instances where staff physically harmed residents.

The 89-year-old centre houses about 100 residents with varying mental disabilities, including Down syndrome and long-term mental illness, with some residents sharing rooms and living in what are called "secure units." It also includes several smaller detached homes.

The cases of abuse were investigated under the Protection of Persons in Care Act, which defines physical abuse as actions "resulting in pain, discomfort or injury, including slapping, hitting, beating, burning, rough handling, tying up or binding."

The Riverview situation involved two founded cases of neglect by staff, defined as failure to provide adequate care; two cases of emotional abuse by staff, defined as "causing emotional harm," by actions such as intimidation or humiliation; and eleven cases were of residents abusing other residents, with 10 of those listed as instances of "non-consensual" sexual contact and one of physical abuse.

Disability groups are, predictably, up in arms.

READ MORE

Rumour Has It ...

2009-09-18T09:17:00.004-03:00

Rumour has it that both TD Canada and Scotiabank will soon be offering Registered Disability Savings Plans (RDSPs).

With Royal Bank of Canada, Bank of Montreal, and CIBC all offering RDSPs to their clients, many have wondered when TD Canada Trust and Scotiabank would be offering the plans. According to a number of sources, it sounds like both financial institutions will begin offering RDSPs sometime in the fall of 2009.

With the December 31st deadline for the 2009 Grant and Bond fast approaching, these financial institutions will most likely begin offering the plan well before the deadline to ensure their clients do not miss out on 2009 federal contributions. As soon as TD Canada Trust or Scotiabank officially announce the launch of their products an update will be sent.

Which, I know for a fact, will make some of our regular readers happy.

And, just for the record, let's not forget that December 31st deadline for the 2009 Grant and Bond.

'The Eating Game' - Free Information Session

2009-09-17T12:24:00.008-03:00

Remember that post from last year about The Eating Game?

Jean Nicol, a [former?] resource teacher in the Chignecto-Central Regional School Board (who apparently has a degree in nutrition and has spent 25 years working with autistic children) has has created a meal-planning tool to help autistic children overcome fussy eating habits.

It's called The Eating Game (Get Awesome Meals Everyday).

Well, you might just be intereting in knowing that the Provincial Autism Centre is hosting a free information session by Ms. Nichol on Tuesday, September 29, 2009, at 6:30 p.m. at the Provincial Autism Centre, 1456 Brenton Street, Halifax.

Created to support people with a broad range of eating challenges, The Eating Game is a resource filled with planning tools, food pictures and suggestions for use that support and encourage people in making optimal, healthy food choices.

The Eating Game is being used around the globe, not just by individuals and families, but by Occupational Therapists, Psychiatrists, Psychologists, Speech Therapists, Nutritionists, Early Interventionists, schools, preschools/daycares, Public Health and Group Homes.

Based on Canada's Food Guide, this solid and balanced approach to daily meal planning will leave you wondering what took you so long to start using The Eating Game.

For adolescents or adults who don't need the visual support provided by the food pictures in The Eating Game, the solution might be found using The Eater's Choice Daily Meal Planner.

Never Give Up

2009-09-14T14:35:00.010-03:00

Update:

Press Conference

There will be a press conference at 10 a.m. on Friday, September 18th, in the Terrace Room of the Citadel Inn, Brunswick Street, Halifax.

Speakers will include friends, families.advocates and people who are at risk pf being institutionalized because of a label.

All who are concerned are urged to attend.

Mary Rothman
Executive Director
Nova Scotia Association for Community Living

~ ~ ~ ~

These people don't.

Disability Rights Coalition Calls For Immediate Review Of Operations At Outdated Government Funded Institutions: Continued Violations of Rights of Residents Can No Longer Be Tolerated

Halifax, Nova Scotia – September 11, 2009 –The Disability Rights Coalition expresses its outrage and demands the government of Nova Scotia to immediately convene a full, independent review of operations at the Riverview Adult Residential Centre in Riverton, Nova Scotia. This demand is in light of the 19 cases of abuse against residents with intellectual disabilities and mental illness at the Riverview Adult Residential Centre in Riverton, Nova Scotia, and the 22 other reported cases of abuse at other institutions throughout the province as reported in the news earlier this week.

I will likely post more on this topic later but I did want to get this press release out right away. So go ahead and read the rest of it.

Spelling Lessons

2009-09-12T20:09:00.013-03:00

It struck me that there are some people and businesses out there that obviously require some remedial spelling lessons.

Granted, it's a big word but is it really that hard to comprehend?

A-C-C-O-M-M-O-D-A-T-I-O-N-S

First, two autistic elementary school students had to go to court in Illinois to win the right to bring their service dogs to school with them. And these lawsuits followed others in California and Pennsylvania over the same issue.

For anyone not familiar with service dogs for children with autism, these dogs have been shown to calm the children, ease transitions and even keep the students from running into traffic.

Apparently some schools, however, in all their infinite wisdom, don't "believe" these animals are true "service dogs" — essential to managing a disability — but rather are simply companions that provide comfort.

School districts say they are not discriminating, just drawing the line to protect the safety and health of other students who may be allergic or scared of dogs.

Right.

Not that that's so much of an issue with service dogs for the blind. What about hearing and signal dogs, seizure alert/response dogs and mobility assist dogs that help the physically disabled?

In the United States, the Americans with Disabilities Act (1990) defines a "service animal" as "any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability, including, but not limited to, guiding people with impaired vision, alerting people with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items".

If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government. And just to be clear, a service animal is not a pet. The ADA requires businesses to modify any "no pets" policy to allow the use of a service animal by a person with a disability. *

But let's not let that worry us any. After all, it's not like the schools did. Go read this article about how/why schools are challenging autistic children on the issue of bringing their service dogs to school with them. Fortunately, to date, the schools appear to be losing the battle.

* In Canada, the net effect would be the same by virtue of each province's Human Rights Act.

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Perhaps It's Time ...

2009-09-09T18:29:00.007-03:00

A column in one of our local (read very local) newspapers last week by Kings West MLA Leo Glavine most definitely grabbed my attention. Unfortunately I can't yet find it online. So I will just have to liberally quote and paraphrase.

Entitled, as are all his columns in this paper, "From Province House to Home", it starts with the observation that "This week, 1300,000 Nova Scotian children return to school", continues by noting that despite the US educational document, "No Child Left Behind", students do, indeed, fall through the cracks and advises that Mr. Glavine has been hearing from "a growing number of educators and parents who think the way inclusion is practiced could be an obstacle for a wide range of students, especially those with cognitive impairments or learning disabilities, from achieving success."

Now if that's not enough to get your attention, I don't know what is.

Mr. Glavine considers the NS Dept of Education's definition of "inclusion"

... an attitude and a value system that promotes the basic right of all students to receive appropriate, quality educational programming and services in the company of their peers

as a good statement, reflecting the attitude of a society that values all individuals, and acknowledges each student in the province deserves a quality education.

And athough Mr. Glavine states that this should be practiced in all classrooms in Nova Scotia, it appears that he believes this is not happening.

Without individual instruction, these students would spend most of their time sitting in a class, failing to understand what is being taught and unable to complete daily tasks and assignments. In the five years as an education critic for my party, I have heard disheartening stories of children with developmental delays or a variety of other cognitive impairments who, in early year, were a year behind in normal progress and, by junior high, were performing two years below grade level. The common denominator: they were not behaviour problems they received no EA or individual support in a constant manner.

Some interesting statements follow:

The courts have made several rulings on this issue: inclusion must be practiced from the perspective of the student. [ED. I beleive he might be referring to the Eaton case with this comment which we discussed here.] To state that inclusion can only be age-related (as in Nova Scotia) is short-sighted. Inclusion should be a secondary goal to learning. To apply inclusion in a manner that limits or prevents attaining educational goals is not what the legislature intended, and would suggest we are putting institutional needs ahead of student needs.

Giving credit where credit is due, there be a fair bit of meat in those comments.

Mr. Glavine ends the column by calling upon the new government and the new Minister of Education, Marilyn More, to work to provide the highest level of special needs education.

It's easy, I suppose, to wax poetic on what should be done when you are not, in fact, a member of the governing party. Just ask the NDP ... I've always thought they've been pretty good at that over the years.

Now don't get me wrong, I most definitely am a fan of the party. At least provincially. But my point is that now that we do have a NDP government provincially, perhaps it's time.

Perhaps it's time to expect more than a little more from our educational system.

Perhaps it's time to demand more than a little more.

Perhaps, for once, we will actually be listened to.

'The Most Wonderful Time of the Year'

2009-09-03T18:20:00.007-03:00

In honour of which we have added a new set of links to the sidebar.

You will find them about halfway down sidebar on the right hand side of the page entitled "Helpful Links - Education". Courtesy of The Nova Scotia Partnership on Respite, Family Health, and Well-Being.

And speaking of heading back to school, while parents of children with special needs may have strong feelings one way or the other (or both) as to whether this really is 'The Most Wonderful Time of the Year', I doubt many will be complaining about the fact that the Nova Scotia government has extended the tuition support program for another year.

Originally set to be a three-year program it was extended to four years. And now five. Do I hear six? Going once, going twice...

If you want to know more about the program [Trust Me. You Do.], check out the Department's website and scroll down the page on this link.

'All Aboard The Bus' - Some Troubling Thoughts

2009-09-02T00:50:00.000-03:00

I put off blogging about this particular issue because, quite frankly, it troubles me. I had hoped that discussing the matter with others in the disability community and taking some time to mull it over myself might help to settle my thoughts, but to no avail.

It started when I stumbled across this story last week - I was completely unaware that Metro Transit had a history of offering blind and visually impaired passengers free passes on the Halifax buses.

Apparently they were about to pull the plug on the practice after receiving "informal complaints from disabled folks who said it wasn’t fair that one group was getting complimentary passes, but not others". Combine the complaints with the fact that some $420,000 in possible revenue was at stake and some feared the die was cast. End of the day, however, Halifax Council, for whatever reason, caved and the free bus passes for the visually impaired continues.

Here's my problem. I really am not sure on which side of this issue I sit, either legally or personally.

Legally, we all know that sec. 15(1) of the Charter prohibits discrimination on the basis of "physical or mental disability". So if free bus passes are given out to the blind but not, for example, to the mentally challenged, aren't those with intellectual disabilities being discriminated against?

And legally, is this really any different than allowing a blind person's support person to travel for free without having a similar policy for individuals with other disabilities?

Actually, despite how it may appear at first blush, I would answer probably not.

If a disabled person is unable to access a mode of public transportation (be it bus, aircraft or taxi) without the assistance of a support person, then to make that person pay two fares to access a system that the rest of the public can access by paying only one fare may well be discriminatory.

And if a public transit provider was to have in place a policy whereby they allowed individuals with one type of disability (ie. blindness) to have a support person travel for free but did not allow those with different disabilities (who also validly needed the services of a support person to access the mode of transit) to do so, I would say they were only helping to pound the nails into their own coffin.

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Back in Black

2009-08-13T21:54:00.011-03:00

Update: I've been giving a little thought to this caregiver allowance initiative. Which is, of course, a very good thing. But two thoughts come to mind:

If the caregiver is in receipt of social assistance, will the allowance be counted against them?
I notice that the allowance is available to caregivers with a low income. Which seems manifestly unfair to me. You may well have a high income initially but after a while, it's easy for the job (to say nothing of your emotional and physical health) to suffer. How about giving us that allowance so we can use it hire a caregiver so we can work or find some time for ourselves?

Don't get me wrong ... I am very happy to see these initiatives. But I hope all the details have been thought through by our new government, as opposed to just what the Conservatives had in place.

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Okay, maybe not "in black" exactly but we are back with, at least, a few new tidbits to share.

I first noticed this a little over a month ago but better later than never, I suppose. Apparently the federal government has launched an advertising campaign to promote the Registered Disability Savings Plan (RDSP) and its matching grant and bond. Which would explain the few commercials I have heard on the radio in July, which weren't too shabbily done, I might add.

According to The Honourable Jim Flaherty, Minister of Finance:

“This initiative builds on our government’s ongoing work to help improve the lives of people with disabilities,” said Minister Flaherty. “Through this campaign, our goal is to help as many people as possible benefit from the savings plan and its related grant and bond.”

Unfortunately, the campaign was launched on July 6, 2009, but only ran to the end of July. Perhaps they will consider launching a second, longer one?

On a more up-to-date note, I was pleasantly surprised to see this story in Wednesday's Chronicle Herald concerning the provincial government's initiative to provide "eligible caregivers" in Nova Scotia with financial assistance which "recognizes their important role and supports their efforts to assist loved ones and friends".

To be eligible for the caregiver allowance of $400 per month, both the person who requires care and the person providing the care must meet certain program criteria.

The eligibility criteria for caregivers includes:

being 19 years of age or older and a Nova Scotia resident with a valid Nova Scotia health card number
providing 20 or more hours of assistance per week to a qualified care recipient

The eligibility criteria for care recipients includes:

being a resident of Nova Scotia and 19 years of age or older with a valid Nova Scotia health card number
having a high level of disability or impairment as demonstrated through completion of a home care assessment
an income review, because the allowance will only be provided to caregivers of recipients with low incomes

More information about the caregiver allowance is available on the Department of Health website. Or you can call the toll free line at 1-800-225-7225.

In other health-related news, I see that in my absence, the Province has finally launched what they refer to as HealthLink 811 which enables Nova Scotians to dial 811 24-hours a day , seven-days-a-week and be connected to "an experienced registered nurse" who, we are assured, will be able to "assess the urgency of the caller's symptoms or health condition and advise them on the next steps, such as appropriate self-care, or to seek services from a family physician or another health-care provider, or to visit an emergency department".

All calls are confidential, there is no cost to the caller and a Nova Scotia health card is not required. The HealthLink 811 service will be available in multiple languages through French-speaking bilingual nurses as well as an on-demand third-party translation service.

Apparently, this type of health line is widely used in other provinces. It's about time, eh?

One last note - you will recall that we've previously discussed Canada's refusal to ratify the UN Convention on the Rights of Persons with Disabilities. Apparently there is a new campaign underway to make economic social and cultural rights enforceable, through the Optional Protocol recently adopted by the UN but as yet not ratified by Canada. You can learn more in this letter.

That's all for now, folks. Hopefully more interesting actually legal-related stuff will soon follow.

Go West Young Woman

2009-07-24T17:53:00.004-03:00

Sunday be the day we pack up the family and head out. West, that is. I'm not so sure about swimming pools and movie stars but rumour has it that my brother is the proud owner of a new hot tub. Which is always a good thing, I do believe.

We are flying out to Manitoba to visit my brother for a few days, driving down to Osh Kosh for the world's best air show (or so I am told), back to my brother's for a day, then onwards to my hometown in Saskatchewan. Which is where we will bury my Mom's ashes next to Dad. Then back to my brother's for a bit before we return home. Two weeks in all, give ~~or take~~ a day ~~or two~~.

So wish us luck. Send us good vibes. And most importantly, keep us in your thoughts and prayers, please.

Oh yeah, don't forget to come back in a few weeks. We'll be back home the second week in August. Hope to see you here then. As we head towards [gulp] the end of summer. And the start of yet another school year.

Autism Lifespan Services Survey

2009-07-24T16:56:00.000-03:00

A team looking to improve government services for people affected by autism spectrum disorder is asking for the public's help to find out where progress is needed.

The Autism Management Advisory Team will assess current efforts to help people with autism spectrum disorder and their families. It will identify priority service gaps for children, adults and families affected by autism spectrum disorder.

The assessment includes an Autism Lifespan Services survey designed to gather information from individuals with autism spectrum disorder, their families and caregivers, and others involved in their care, support and education.

"This team is doing important work towards improving government services for those affected with autism spectrum disorder," said Education Minister Marilyn More. "I encourage anyone affected by ASD to fill out the survey."

The team will use the survey to recommend a comprehensive strategy to improve services. It expects to complete its report early in 2010.

You can find said survey here.

The Beauty of the Games

2009-07-19T18:52:00.003-03:00

The beauty of the Special Olympics isn't found in the ceremony and pageantry. It's not in the visiting dignitaries or those waiting to be introduced on the main stage. It's not even in the medals (purty as they are).

No, the beauty of the Games lies in the fact that it's the one place in this world of so-called "normal" that these youths and adults not only get to just be themselves but are celebrated for being themselves. Where, for once, they are not trying to 'fit in' to what everyone else thinks is acceptable, appropriate behaviour. It's the one time a year when they are celebrated for who they are. And celebrate they do.

I will never forget the first time I attended the Games, three years ago. The one thing that struck me so much on that occasion was how every single athlete was roundly cheered through to the finish. How that very last swimmer, who could still be a very long way behind after his fellow athletes had finished the heat, was still cheered just as heartily on to victory as was the first-place finisher. Cheered on to his victory.

And yet it's not just the athletes who flourish in such an environment. Rereading one of my favourite books this past weekend, I came across what struck me as the perfect words to describe why the Special Olympics are so vital, not just for the athletes but also for their families.

In the chapter aptly-titled "Acceptance", Barbara Gillis writes:

We all need people who see us as good and competent parents and who do not blame us for wrong is 'wrong' and difficult about our child. We all need places to go where people look past the fact that our child doesn't talk or doesn't respond to our directions. We need people who admire his physical beauty and his curiosity, or who recognize how clever he is in his mischief. We all need to go where our family is accepted as it is, and delight is taken in us and each of our children. And we all need people who show us the way, leading us by their example to the confidence or pride we have been struggling for. An ounce of this love can offset a pound of criticism and hostility. In its presence we open up like a day lily to the sun. If it isn't there, we have to find it...

The day lily survives the night, closing its bloom, protecting itself until morning, when it again shows its fullness to the sun. We can protect ourselves and exist in the places where people deny our child and us the sun of acceptance, approval or praise. But we and our child must have our sun. We must have people who shine on us and places where we can relax, open and grow.

This past weekend my oldest daughter and our family basked in the warmth of the sun. There are no better words to describe it.