Key Bill of Rights Provisions for Residential Care - Revision history

Seniors First BC: /* Scope of Rights */

2014-08-15T17:03:23Z

Scope of Rights

← Older revision		Revision as of 17:03, 15 August 2014
Line 102:		Line 102:
	:(c) The '''''rights of other persons in care'''''.		:(c) The '''''rights of other persons in care'''''.

	The Scope of Rights section is very notable in that there are only two identified “limits” on the residents’ rights. The first is the person’s capabilities (for example, which might make it difficult to actively participate). The second justifiable limit under the Bill of Rights is ''where it can be demonstrated'' that an action to respect one resident’s right would negatively affect the health and safety of another resident or the rights of others residents. The needs or interests of staff or the provider are not relevant in this context and are not a legitimate limit on these rights. Mere possibility or conjecture that it might affect other residents’ health or safety would not be acceptable limits.		The Scope of Rights section is very notable in that there are only two identified “limits” on the residents’ rights. The first is the person’s capabilities (for example, which might make it difficult to actively participate). The second justifiable limit under the Bill of Rights is ''where it can be demonstrated'' that an action to respect one resident’s right would negatively affect the health and safety of another resident or the rights of others residents. The needs or interests of staff or the provider are not relevant in this context and are not a legitimate limit on these rights. Mere possibility or conjecture that it might affect other residents’ health or safety would not be acceptable limits.

	==References==		==References==

Nate Russell at 23:02, 23 July 2014

2014-07-23T23:02:15Z

← Older revision		Revision as of 23:02, 23 July 2014
Line 1:		Line 1:
	{{Legal Issues in Residential Care: An Advocate's Manual TOC}}		{{Legal Issues in Residential Care: An Advocate's Manual TOC\|expanded = chapter2}}

	==Commitment to Care==		==Commitment to Care==

Nate Russell at 21:01, 23 July 2014

2014-07-23T21:01:41Z

Nate Russell: /* Scope of Rights */

2014-07-23T20:59:35Z

Scope of Rights

← Older revision		Revision as of 20:59, 23 July 2014
Line 103:		Line 103:

	The Scope of Rights section is very notable in that there are only two identified “limits” on the residents’ rights. The first is the person’s capabilities (for example, which might make it difficult to actively participate). The second justifiable limit under the Bill of Rights is ''where it can be demonstrated'' that an action to respect one resident’s right would negatively affect the health and safety of another resident or the rights of others residents. The needs or interests of staff or the provider are not relevant in this context and are not a legitimate limit on these rights. Mere possibility or conjecture that it might affect other residents’ health or safety would not be acceptable limits.		The Scope of Rights section is very notable in that there are only two identified “limits” on the residents’ rights. The first is the person’s capabilities (for example, which might make it difficult to actively participate). The second justifiable limit under the Bill of Rights is ''where it can be demonstrated'' that an action to respect one resident’s right would negatively affect the health and safety of another resident or the rights of others residents. The needs or interests of staff or the provider are not relevant in this context and are not a legitimate limit on these rights. Mere possibility or conjecture that it might affect other residents’ health or safety would not be acceptable limits.

			==References==
			#See RCR, s. 64 (1) Food Service Schedule.
			#Ombuds, Best of Care.
			#Ombuds, Best of Care.
			#Ombuds Best of Care.

	{{REVIEWED \| reviewer = BC Centre for Elder Advocacy and Support, June 2014}}		{{REVIEWED \| reviewer = BC Centre for Elder Advocacy and Support, June 2014}}
	{{Legal Issues in Residential Care: An Advocate's Manual Navbox}}		{{Legal Issues in Residential Care: An Advocate's Manual Navbox}}

Admin at 15:55, 17 July 2014

2014-07-17T15:55:57Z

← Older revision		Revision as of 15:55, 17 July 2014
Line 1:		Line 1:
	~~{{DEMOWARNING}}~~
	{{Legal Issues in Residential Care: An Advocate's Manual TOC}}		{{Legal Issues in Residential Care: An Advocate's Manual TOC}}

Admin: /* Rights to Participation and Freedom of Expression */

2014-07-03T22:21:55Z

Rights to Participation and Freedom of Expression

← Older revision		Revision as of 22:21, 3 July 2014
Line 57:		Line 57:

	==Rights to Participation and Freedom of Expression==		==Rights to Participation and Freedom of Expression==
			[[File:African senior.jpg \| right \| frame \| link=\| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
	3. An adult person in care has the right to participate in his or her own care and to freely express his or her views, including a right to all of the following:		3. An adult person in care has the right to participate in his or her own care and to freely express his or her views, including a right to all of the following:

Marisa Chandler at 22:14, 3 July 2014

2014-07-03T22:14:03Z

Marisa Chandler: Marisa Chandler moved page B. The Key Provisions in Residential Care to Key Bill of Rights Provisions for Residential Care

2014-07-03T17:24:17Z

Marisa Chandler moved page B. The Key Provisions in Residential Care to Key Bill of Rights Provisions for Residential Care

← Older revision		Revision as of 17:24, 3 July 2014
(No difference)

Marisa Chandler: /* Section 5 - Scope of Rights */

2014-07-02T23:30:39Z

Section 5 - Scope of Rights

← Older revision		Revision as of 23:30, 2 July 2014
Line 93:		Line 93:
	Some parts of Section 4 are consumer rights (e.g. s. 4 (c) and (d); these may look out of place in a Bill of Rights. However, this explicit statement is intended to address a common problem raised by the BC Ombudsperson Office of when residents moved into a care facility without knowing the costs, or what services were included. Residents and families are often unaware of Residential Care Rate Structure, or Rate Reductions and Waivers.		Some parts of Section 4 are consumer rights (e.g. s. 4 (c) and (d); these may look out of place in a Bill of Rights. However, this explicit statement is intended to address a common problem raised by the BC Ombudsperson Office of when residents moved into a care facility without knowing the costs, or what services were included. Residents and families are often unaware of Residential Care Rate Structure, or Rate Reductions and Waivers.

	==~~Section 5 -~~ Scope of Rights==		==Scope of Rights==

	~~Section 5~~ sets out the scope of the rights, describing what limitations, if any, there are on the listed rights.		This section sets out the scope of the rights, describing what limitations, if any, there are on the listed rights.

	~~===Scope of rights===~~

	5. The rights set out in clauses 2, 3 and 4 are subject to:		5. The rights set out in clauses 2, 3 and 4 are subject to:

Marisa Chandler: /* Section 4 - Rights to Transparency */

2014-07-02T23:30:00Z

Section 4 - Rights to Transparency

← Older revision		Revision as of 23:30, 2 July 2014
Line 73:		Line 73:
	Section 3 also stresses the importance of residents, family or representatives having effective opportunities and avenues for raising concerns if and when problems arise, as well as having these addressed at that point. In many cases, that right can only be exercised by first knowing about the internal and external complaint mechanisms. However the mechanisms must also be appropriate to the circumstances of residents and others advocating on their behalf.		Section 3 also stresses the importance of residents, family or representatives having effective opportunities and avenues for raising concerns if and when problems arise, as well as having these addressed at that point. In many cases, that right can only be exercised by first knowing about the internal and external complaint mechanisms. However the mechanisms must also be appropriate to the circumstances of residents and others advocating on their behalf.

	==~~Section 4 -~~ Rights to Transparency==		==Rights to Transparency==

	===Rights to transparency and accountability===		===Rights to transparency and accountability===

← Older revision		Revision as of 21:01, 23 July 2014
Line 10:		Line 10:
	Section 1 emphasizes a commitment to using an individualized approach to whatever care and support will be provided to the resident, and how it will be provided. The approach to care is expected to be shaped by the resident’s unique abilities (who they are and have been, what they are able to do, where they are able to make their own decisions, and where they may need some support). The approach to care is expected to focus on more than just the person’s physical needs, but also their emotional and social needs as a person. The resident’s cultural and spiritual preferences are also important.		Section 1 emphasizes a commitment to using an individualized approach to whatever care and support will be provided to the resident, and how it will be provided. The approach to care is expected to be shaped by the resident’s unique abilities (who they are and have been, what they are able to do, where they are able to make their own decisions, and where they may need some support). The approach to care is expected to focus on more than just the person’s physical needs, but also their emotional and social needs as a person. The resident’s cultural and spiritual preferences are also important.

	Social needs might include, for example who they prefer to sit with at the dining room, who they want to associate with within the facility, their continued connection with friends or the community, or who they do not like to visit. In some cases, requirements in the residential care regulations can affect the opportunities that an operator and staff have to provide more individualized care and support.([[~~Introduction, Chapter One and Two of Legal Issues in Residential Care~~ References\|~~142~~]])		Social needs might include, for example who they prefer to sit with at the dining room, who they want to associate with within the facility, their continued connection with friends or the community, or who they do not like to visit. In some cases, requirements in the residential care regulations can affect the opportunities that an operator and staff have to provide more individualized care and support.([[{{PAGENAME}}#References\|1]])

	Cultural and spiritual preferences include opportunities to participate in the facility or outside in activities or rituals meaningful to that resident. Cultural preferences may also include matters such as food preferences, alternative or complementary therapies, their preferred method of information sharing, and preferred approach to end of life care.		Cultural and spiritual preferences include opportunities to participate in the facility or outside in activities or rituals meaningful to that resident. Cultural preferences may also include matters such as food preferences, alternative or complementary therapies, their preferred method of information sharing, and preferred approach to end of life care.
Line 29:		Line 29:
	There are many areas of care where dignity is involved. One is continence care (assistance going to the bathroom). The British Columbia Ombudsperson noted:		There are many areas of care where dignity is involved. One is continence care (assistance going to the bathroom). The British Columbia Ombudsperson noted:

	:''“As with eating, going to the bathroom is one of the most basic of personal needs. Failing to respond to this need in a timely way offends human dignity. To ensure fair treatment, a specific standard should be established that balances the needs of seniors, the expectations of families and the capacities of facility operators.”'' ([[~~Introduction, Chapter One and Two of Legal Issues in Residential Care~~ References\|~~143~~]])		:''“As with eating, going to the bathroom is one of the most basic of personal needs. Failing to respond to this need in a timely way offends human dignity. To ensure fair treatment, a specific standard should be established that balances the needs of seniors, the expectations of families and the capacities of facility operators.”'' ([[{{PAGENAME}}#References\|2]])

	A second area key to promoting dignity in residential care is the use of physical, chemical or environmental restraints. As the British Columbia Ombudsperson has noted:		A second area key to promoting dignity in residential care is the use of physical, chemical or environmental restraints. As the British Columbia Ombudsperson has noted:

	:''“Regardless of the circumstances or the method used, restraining someone reduces that person’s individual liberty and affects his or her dignity.”''([[~~Introduction, Chapter One and Two of Legal Issues in Residential Care~~ References\|~~144~~]])		:''“Regardless of the circumstances or the method used, restraining someone reduces that person’s individual liberty and affects his or her dignity.”''([[{{PAGENAME}}#References\|3]])

	===Privacy===		===Privacy===
Line 90:		Line 90:
	One of the positive features of this “right to access” is that it may reduce problems in interpretation. People can see both the wording and rationale behind the policy, which may help in understanding whether a different (e.g. less restrictive, more supportive) approach could be used with a particular resident or residents generally.		One of the positive features of this “right to access” is that it may reduce problems in interpretation. People can see both the wording and rationale behind the policy, which may help in understanding whether a different (e.g. less restrictive, more supportive) approach could be used with a particular resident or residents generally.

	Some parts of Section 4 are consumer rights (e.g. s. 4 (c) and (d); these may look out of place in a Bill of Rights. However, this explicit statement is intended to address a common problem raised by the BC Ombudsperson Office of when residents moved into a care facility without knowing the costs, or what services were included. Residents and families are often unaware of Residential Care Rate Structure, or Rate Reductions and Waivers.([[~~Introduction, Chapter One and Two of Legal Issues in Residential Care~~ References\|~~145~~]])		Some parts of Section 4 are consumer rights (e.g. s. 4 (c) and (d); these may look out of place in a Bill of Rights. However, this explicit statement is intended to address a common problem raised by the BC Ombudsperson Office of when residents moved into a care facility without knowing the costs, or what services were included. Residents and families are often unaware of Residential Care Rate Structure, or Rate Reductions and Waivers.([[{{PAGENAME}}#References\|4]])

	==Scope of Rights==		==Scope of Rights==

← Older revision		Revision as of 22:14, 3 July 2014
Line 11:		Line 11:
	Section 1 emphasizes a commitment to using an individualized approach to whatever care and support will be provided to the resident, and how it will be provided. The approach to care is expected to be shaped by the resident’s unique abilities (who they are and have been, what they are able to do, where they are able to make their own decisions, and where they may need some support). The approach to care is expected to focus on more than just the person’s physical needs, but also their emotional and social needs as a person. The resident’s cultural and spiritual preferences are also important.		Section 1 emphasizes a commitment to using an individualized approach to whatever care and support will be provided to the resident, and how it will be provided. The approach to care is expected to be shaped by the resident’s unique abilities (who they are and have been, what they are able to do, where they are able to make their own decisions, and where they may need some support). The approach to care is expected to focus on more than just the person’s physical needs, but also their emotional and social needs as a person. The resident’s cultural and spiritual preferences are also important.

	Social needs might include, for example who they prefer to sit with at the dining room, who they want to associate with within the facility, their continued connection with friends or the community, or who they do not like to visit. In some cases, requirements in the residential care regulations can affect the opportunities that an operator and staff have to provide more individualized care and support.		Social needs might include, for example who they prefer to sit with at the dining room, who they want to associate with within the facility, their continued connection with friends or the community, or who they do not like to visit. In some cases, requirements in the residential care regulations can affect the opportunities that an operator and staff have to provide more individualized care and support.([[Introduction, Chapter One and Two of Legal Issues in Residential Care References\|142]])

	Cultural and spiritual preferences include opportunities to participate in the facility or outside in activities or rituals meaningful to that resident. Cultural preferences may also include matters such as food preferences, alternative or complementary therapies, their preferred method of information sharing, and preferred approach to end of life care.		Cultural and spiritual preferences include opportunities to participate in the facility or outside in activities or rituals meaningful to that resident. Cultural preferences may also include matters such as food preferences, alternative or complementary therapies, their preferred method of information sharing, and preferred approach to end of life care.
Line 30:		Line 30:
	There are many areas of care where dignity is involved. One is continence care (assistance going to the bathroom). The British Columbia Ombudsperson noted:		There are many areas of care where dignity is involved. One is continence care (assistance going to the bathroom). The British Columbia Ombudsperson noted:

	:''“As with eating, going to the bathroom is one of the most basic of personal needs. Failing to respond to this need in a timely way offends human dignity. To ensure fair treatment, a specific standard should be established that balances the needs of seniors, the expectations of families and the capacities of facility operators.”''		:''“As with eating, going to the bathroom is one of the most basic of personal needs. Failing to respond to this need in a timely way offends human dignity. To ensure fair treatment, a specific standard should be established that balances the needs of seniors, the expectations of families and the capacities of facility operators.”'' ([[Introduction, Chapter One and Two of Legal Issues in Residential Care References\|143]])

	A second area key to promoting dignity in residential care is the use of physical, chemical or environmental restraints. As the British Columbia Ombudsperson has noted:		A second area key to promoting dignity in residential care is the use of physical, chemical or environmental restraints. As the British Columbia Ombudsperson has noted:

	:''“Regardless of the circumstances or the method used, restraining someone reduces that person’s individual liberty and affects his or her dignity.”''		:''“Regardless of the circumstances or the method used, restraining someone reduces that person’s individual liberty and affects his or her dignity.”''([[Introduction, Chapter One and Two of Legal Issues in Residential Care References\|144]])

	===Privacy===		===Privacy===
Line 91:		Line 91:
	One of the positive features of this “right to access” is that it may reduce problems in interpretation. People can see both the wording and rationale behind the policy, which may help in understanding whether a different (e.g. less restrictive, more supportive) approach could be used with a particular resident or residents generally.		One of the positive features of this “right to access” is that it may reduce problems in interpretation. People can see both the wording and rationale behind the policy, which may help in understanding whether a different (e.g. less restrictive, more supportive) approach could be used with a particular resident or residents generally.

	Some parts of Section 4 are consumer rights (e.g. s. 4 (c) and (d); these may look out of place in a Bill of Rights. However, this explicit statement is intended to address a common problem raised by the BC Ombudsperson Office of when residents moved into a care facility without knowing the costs, or what services were included. Residents and families are often unaware of Residential Care Rate Structure, or Rate Reductions and Waivers.		Some parts of Section 4 are consumer rights (e.g. s. 4 (c) and (d); these may look out of place in a Bill of Rights. However, this explicit statement is intended to address a common problem raised by the BC Ombudsperson Office of when residents moved into a care facility without knowing the costs, or what services were included. Residents and families are often unaware of Residential Care Rate Structure, or Rate Reductions and Waivers.([[Introduction, Chapter One and Two of Legal Issues in Residential Care References\|145]])

	==Scope of Rights==		==Scope of Rights==