March 2009

Ontario has new legislation that promises a Transformation of developmental services and offers people with disabilities and their families prospects of better personal outcomes through choice, self-determination, recognition of rights, and benefits of citizenship. A future with a direct funding mechanism gives us hope for unprecedented flexibility and opportunity for improving people's lives. The details of the implementation and the drafting of the regulations must address the important principle of fairness in order for the dream of a better system to be realized.

Historically, people who did not accept the option of services offered by agencies have not been treated fairly. Almost all people who wanted to self-direct their supports through individualized funding have been turned down. Even though the Ministry of Community and Social Services (MCSS) has offered some programs based on individualized funding, like Special Services at Home and Passport, these programs have, up to now, represented but a minor fraction of the total budget for supporting people with developmental disabilities.

As we begin to plan the implementation of the Transformation, and as we define the Regulations for the legislation, it is extremely important that we make sure that we do not lose sight of the requirement for introducing fairness into the Developmental Services system.

We must no longer discriminate unfairly against people who choose not to opt for services provided by agencies. (These services include the usual standardized services such as group homes, day programs, sheltered workshops, supported independent living, respite services, etc.). Note that we are only advocating for fairness and our position should not be interpreted as being against agencies but rather for truly free choice and equal opportunity.

Let's examine some of the elements of a fair system:

1. Fairness in eligibility - Any MCSS program that funds any agency service should also be available through equivalent direct funding. It should be a fundamental principle of the transformed system that people who opt for self-directed supports should not be at any disadvantage compared to those who opt for agency services. This would mean, for example, that any person eligible for a group home would also be eligible for direct funding for living supports.


2. Fair access to resources - People who opt out of agency services should not be subjected to lower individual allocation limits (caps) than those who choose to use agency services.


3. Fair opportunity - People who apply for agency services should not have a greater chance of being funded than those who choose the direct funding option. This principle is highly relevant in the implementation of application and funding entities. Their composition must ensure that autonomous family groups are represented in the process to avoid potential conflicts of interest.


4. Fairness in sustainability - Allocations for salary increases, general inflation, staff training, etc. should not be restricted solely to service agencies. People who manage their supports through direct funding should have equal access to all such budget increases.


5. Fair access to information - MCSS program information, policy directives, application instructions, and other official communications should be regularly distributed to self-advocate groups and family groups so that all people have full and timely access, even if they are not linked to any agency.

In the past, people who did not want to use agency services but wanted to self-direct have been treated unfairly. They were either denied supports or given significantly smaller allocations than those who chose to use agency services.

As we design the implementation and define the regulations of the transformed future, we must make sure that people who opt not to use standardized services have fair access to resources allocated by the government of Ontario.