Important Rights Contained in Court Decision:
Families and Staff at HRC be aware of this section. Note that the Staff at HRC are to prepare the plan with the
facilitator - not outside consultants and not just the placement facilitator.
1)Section 39 of the court decision describes the process that the Ministry of Community and Social Services provided to
the courts.
Take note that the Personal Plan is to be prepared by the Staff at HRC and not outside consultants. Many families are not
being told that the people attending the sessions are from out side HRC.
It is up to the staff to write the plans. To date no staff have been trained or participated to that level. The placement
facilitators all have chosen outside sources to assist. This is a violation of the court order and is taking away Jobs from the
staff!!!! THE HRC staff are the experts on our residents and it is the family choice to have HRC staff prepare the plan.To
many plans to date have been fraught with errors and missing pertinent information regarding the resident. The main
cause is the outside consultants are not experts, and do not know our resident.
have found out, that this has been violated by the ministry. Many of the outside consultants have come in and asked for
records of our residents without the family/guardian knowledge or consent.
NOTE TO STAFF - If anyone other than HRC Staff is asking to see our residents records, you must have the
family's consent. If no consent is presented, do not hand over any of the files to these outside consultants.
Request that the consultant provide you with a Signed Family Consent Form.
Please read carefully the below:
2) The court decision recites certain aspects of the Guardian Act. Note the items in red:
The Placement Facilitator can hire 'experts' to help them out, however, WE THE GUARDIANS have to consent for the outside
consultants/experts to have access to personal information.
The government is in CLEAR VIOLATION of the Guardian Act and the Privacy Act-- they are not even letting us know that
these are outside people - they tell the staff that they have the consent or the right to access the records.
We are looking into both criminal and punitive charges against all the placement facilitators. Any information, such as Staff
being requested to provide this information without the written consent of the families, please request a consent form and
call the family to let the family know that these consultants are trying to go through the personal records of the resident
without a consent form.
From Court Decision:
Families and Staff at HRC be aware of this section. Note that the Staff at HRC are to prepare the plan with the
facilitator - not outside consultants and not just the placement facilitator.
1)Section 39 of the court decision describes the process that the Ministry of Community and Social Services provided to
the courts.
Take note that the Personal Plan is to be prepared by the Staff at HRC and not outside consultants. Many families are not
being told that the people attending the sessions are from out side HRC.
It is up to the staff to write the plans. To date no staff have been trained or participated to that level. The placement
facilitators all have chosen outside sources to assist. This is a violation of the court order and is taking away Jobs from the
staff!!!! THE HRC staff are the experts on our residents and it is the family choice to have HRC staff prepare the plan.To
many plans to date have been fraught with errors and missing pertinent information regarding the resident. The main
cause is the outside consultants are not experts, and do not know our resident.
- [39] The placement process involves the preparation of a Personal Plan for the individual, prepared by the
regional placement facilitator and staff. A non-identifying profile of the resident is presented to the appropriate
community based planning agencies. The regional project manager, community planning table and regional
placement facilitator identify the most appropriate agency. The community planning table and the Ministry, who
contracts to fund the agency, make the decision about the choice of the new residence of the individual. However,
the perspectives and input of family or significant persons to the resident are taken into account.
have found out, that this has been violated by the ministry. Many of the outside consultants have come in and asked for
records of our residents without the family/guardian knowledge or consent.
NOTE TO STAFF - If anyone other than HRC Staff is asking to see our residents records, you must have the
family's consent. If no consent is presented, do not hand over any of the files to these outside consultants.
Request that the consultant provide you with a Signed Family Consent Form.
Please read carefully the below:
2) The court decision recites certain aspects of the Guardian Act. Note the items in red:
The Placement Facilitator can hire 'experts' to help them out, however, WE THE GUARDIANS have to consent for the outside
consultants/experts to have access to personal information.
The government is in CLEAR VIOLATION of the Guardian Act and the Privacy Act-- they are not even letting us know that
these are outside people - they tell the staff that they have the consent or the right to access the records.
We are looking into both criminal and punitive charges against all the placement facilitators. Any information, such as Staff
being requested to provide this information without the written consent of the families, please request a consent form and
call the family to let the family know that these consultants are trying to go through the personal records of the resident
without a consent form.
From Court Decision:
- Powers of guardian
(2) Under an order for full guardianship, the guardian may,
(a) exercise custodial power over the person under guardianship, determine his or her living
arrangements and provide for his or her shelter and safety;
(b) be the person’s litigation guardian, except in respect of litigation that relates to the person’s property
or to the guardian’s status or powers;
(c) settle claims and commence and settle proceedings on the person’s behalf, except claims and
proceedings that relate to the person’s property or to the guardian’s status or powers;
(d) have access to personal information, including health information and records, to which the person
could have access if capable, and consent to the release of that information to another person, except for the
purposes of litigation that relates to the person’s property or to the guardian’s status or powers;
(e) on behalf of the person, make any decision to which the Health Care Consent Act, 1996 applies;
(e.1) make decisions about the person’s health care, nutrition and hygiene;
(f) make decisions about the person’s employment, education, training, clothing and recreation and about
any social services provided to the person; and
(g) exercise the other powers and perform the other duties that are specified in the order. 1992, c. 30, s.
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