July 2009

Ontario families have been asking the Ontario government for individualized funding as an option for over 15 years. The Ministry of Community and Social Services initiated unprecedented collaboration in 2004 when it invited families, self-advocates and agencies to join a Partnership Table. For the next 5 years, the Partnership Table worked hard to develop better ways of supporting people with developmental disabilities. The work culminated in a significant positive milestone, a new act proclaimed in October 2008 called the Services and Supports to Promote Social Inclusion of Persons with Developmental Disabilities Act.

This Act is very progressive in that it allows more flexible supports for people with disabilities through self-directed individualized funding. It is based on the recognition that individualized funding is a necessary mechanism for promoting inclusion, choice, self-determination and citizenship. The new Act allows people with disabilities to choose how they will get their disability supports. They can choose to use the services of an agency, or they can choose to receive equivalent direct funding which they can use to coordinate their supports.

Before the Act becomes law, the Ministry has to develop regulations. The Ministry has produced the first regulation and is asking everyone to respond with comments by Tuesday, August 18, 2009.

BUT there is a big problem with this draft. It does not allow the option of direct funding for "residential" supports. It would not allow people with disabilities to obtain direct funding to live in their own apartments or houses as opposed to group homes or options offered by service agencies. This regulation would perpetuate the unfair discrimination against them. Families feel this is totally contrary to the spirit of the new act and that this regulation negates most of the progress of the last 5 years at the Partnership Table.

Why is this so important?

The proposed regulation is of a type called a Lieutenant Governor in Council Regulation. Such a regulation needs Cabinet approval and will require Cabinet approval for any future amendments. This means that it could be very difficult to change and that we may have to live with its consequences for many years.

If this regulation is adopted as proposed, families and self-advocates who want an alternative to traditional arrangements will be blocked again, as they have been in the past. Whenever the Ministry allocates new funding for residential supports, the funding will be reserved for people who choose agency services, and those who choose individualized funding will be totally excluded. This resembles the way people were forced to accept institutional residences in the past. This regulation fits the policies of the past more than with the vision of the future. It is very important to respond to the Ministry's invitation for comments.

What exactly is the problem?

The proposed regulation excludes two categories of services and supports. This article addresses the most significant one the exclusion of residential services and supports. The other is professional and specialized services.

The new Act is progressive in that it allows people with disabilities to choose how they will get their disability supports. They can choose to use the services of an agency, or they can choose to receive equivalent individualized (direct) funding which they can use to coordinate the supports. The flexibility of direct funding allows people to follow their own life plans on their own schedules, to live where they want to live with whomever they want.

The Act identifies the following services and supports to which it applies:

1. Residential services and supports
2. Activities of daily living and supports
3. Community participation and supports
4. Caregiver respite services and supports
5. Professional and specialized services
6. Person-directed planning services and supports
7. Any other prescribed services and supports

The proposed regulation only allows items 2, 3, 4, and 6 above to be funded directly.

The Ministry's largest allocations of money are for residential supports

The bottom line is that people who want to manage their supports through individualized funding will be excluded from the largest funding allocations. By far, most of the Ministry funding for disability supports is allocated to "residential" programs, so people who do not want residential models offered by an agency will simply not have a chance to get their fair share.

In theory, people may be able to assemble sufficient funding by combining smaller allocations for other allowed services and supports, but in practice, this is virtually impossible. When the Ministry allocates funds for residential programs, these funds are reserved for purely residential programs, and if the draft regulation stands, such funds will be reserved exclusively for group homes and other related options offered by service agencies.

Consequence of the proposed regulation continuing unfair discrimination and continuing barriers

Family Alliance Ontario has always stood for choice. Now is the time for the Ministry to begin distributing public resources fairly to all people with disabilities! Indeed, fairness is one of the official goals of the transformation of Developmental Services.

This proposed regulation is unfair and discriminatory to people who have a vision of inclusion, choice, self-determination and citizenship. The proposed regulation is unacceptable. See our paper entitled Fair Access for Everyone

This regulation is also a barrier to people who want to leave their traditional residential setting and to access equivalent direct funding in order to make residential choices of their own. Family Alliance Ontario believes that people have the right to make their own life choices. This is the meaning of self-determination, and citizenship.

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