Anonymous

Common Care Issues when Living in Residential Care: Difference between revisions

From Clicklaw Wikibooks
no edit summary
No edit summary
 
(11 intermediate revisions by 3 users not shown)
Line 1: Line 1:
{{DEMOWARNING}}
{{Legal Issues in Residential Care: An Advocate's Manual TOC|expanded = chapter4}}
{{Legal Issues in Residential Care: An Advocate's Manual TOC}}


This chapter examines the wide array of legal matters that arise in the course of living in the care facility.  The chapter is divided into two parts; the first deals with common care issues. The second part deals with six increasingly pressing legal issues – medications, control over visitors, abuse and neglect, resident harms, reporting responsibilities, and restraints.
This chapter examines the wide array of legal matters that arise in the course of living in the care facility.  The chapter is divided into two parts; the first deals with common care issues. The second part deals with six increasingly pressing legal issues – medications, control over visitors, abuse and neglect, resident harms, reporting responsibilities, and restraints.
Line 41: Line 40:
{| class="wikitable"  
{| class="wikitable"  
|- valign=top
|- valign=top
| width="100%" |'''Noteworthy: Written Policies''': The Residential Care Regulations require the operator to have written policies to guide staff in all matters relating to the care and supervision of persons in care ([[Chapter Four Legal Issues in Residential Care References|13]])and to make these available to the resident, or the resident’s representative, upon request. ([[Chapter Four Legal Issues in Residential Care References|14]])Whenever, staff or administration talk with a resident, family member or other support person about a policy, they should always be able to show the resident or representative what  the written policy says.  At a minimum, that can help identify people if it applies to the matter in question and what it says in the circumstances. '''That will not automatically mean the policy adheres to the law or is fair, but it can give all parties a starting point for discussions on matters such as caring and supervision.'''
| width="100%" |'''Noteworthy: Written Policies'''
 
|- valign=top
| width="100%" | The Residential Care Regulations require the operator to have written policies to guide staff in all matters relating to the care and supervision of persons in care ([[Chapter Four Legal Issues in Residential Care References|13]])and to make these available to the resident, or the resident’s representative, upon request. ([[Chapter Four Legal Issues in Residential Care References|14]])Whenever, staff or administration talk with a resident, family member or other support person about a policy, they should always be able to show the resident or representative what  the written policy says.  At a minimum, that can help identify people if it applies to the matter in question and what it says in the circumstances. '''That will not automatically mean the policy adheres to the law or is fair, but it can give all parties a starting point for discussions on matters such as caring and supervision.'''


|}
|}
Line 47: Line 49:
Poor communication may indicate an environment in which respect for residents’ rights is not being given sufficient priority. ([[Chapter Four Legal Issues in Residential Care References|15]])Residential care operators often become familiar with abuse or neglect issues because the regulations focus on these matters. Residents and families find that rights violations,  in contrast  often receive less concern and a lesser sense of urgency.([[Chapter Four Legal Issues in Residential Care References|16]])
Poor communication may indicate an environment in which respect for residents’ rights is not being given sufficient priority. ([[Chapter Four Legal Issues in Residential Care References|15]])Residential care operators often become familiar with abuse or neglect issues because the regulations focus on these matters. Residents and families find that rights violations,  in contrast  often receive less concern and a lesser sense of urgency.([[Chapter Four Legal Issues in Residential Care References|16]])
   
   
Family may experience considerable frustration when they have been dealing with a long-standing problem, then hear an operator or representative from the local health authority state that “this is the first we have heard of the problem. “Lack of time, inadequate problem solving skills, poor internal communication lines, lack of appropriately trained staff and inadequate dispute resolution processes can exacerbate common communication gaps in residential care. This eventually leads some family or friends to feel any effort is futile. In other cases, they begin responding in a negative manner, with situations becoming increasingly confrontational and adversarial. If situations  deteriorate, even the skills commonly promoted as good advocacy (e.g. good note taking about the  “who, what, when  and where” of concerns, tape recordings can become perceived by the operator or authority as a sign this family member or representative is “trouble”).
Family may experience considerable frustration when they have been dealing with a long-<span class="noglossary">standing</span> problem, then hear an operator or representative from the local health authority state that “this is the first we have heard of the problem. “Lack of time, inadequate problem solving skills, poor internal communication lines, lack of appropriately trained staff and inadequate dispute resolution processes can exacerbate common communication gaps in residential care. This eventually leads some family or friends to feel any effort is futile. In other cases, they begin responding in a negative manner, with situations becoming increasingly confrontational and adversarial. If situations  deteriorate, even the skills commonly promoted as good advocacy (e.g. good note taking about the  “who, what, when  and where” of concerns, tape recordings can become perceived by the operator or authority as a sign this family member or representative is “trouble”).
    
    
The regulations specifically require that there is always a “charge person” designated if the Manager is temporarily absent. ([[Chapter Four Legal Issues in Residential Care References|17]]) The regulations also require the Operator to keep a record of complaints made and concerns expressed, keeping these records for at least two years. ([[Chapter Four Legal Issues in Residential Care References|18]])This section does not limit it to written complaints; verbal complaints should be noted.  The Operator is also required to produce the record to Licensing on demand. ([[Chapter Four Legal Issues in Residential Care References|19]])
The regulations specifically require that there is always a “charge person” designated if the Manager is temporarily absent. ([[Chapter Four Legal Issues in Residential Care References|17]]) The regulations also require the Operator to keep a record of complaints made and concerns expressed, keeping these records for at least two years. ([[Chapter Four Legal Issues in Residential Care References|18]])This section does not limit it to written complaints; verbal complaints should be noted.  The Operator is also required to produce the record to Licensing on demand. ([[Chapter Four Legal Issues in Residential Care References|19]])
Line 59: Line 61:
{| class="wikitable"  
{| class="wikitable"  
|- valign=top
|- valign=top
| width="100%" | '''Care Plans: 81 (1) If a person in care is admitted to the community care facility for a period of more than 30 days, a licensee must ensure that a care plan for the person in care is made in accordance with this section within 30 days of admission.'''
| width="100%" | '''Care Plans are Mandatory'''
 
|- valign=top
| width="100%" | Residential Care Regulations, s. 81 (1): If a person in care is admitted to the community careIf a person in care is admitted to the community care facility for a period of more than 30 days, a licensee must ensure that a care plan for the person in care is made in accordance with this section within 30 days of admission.


|}
|}
Line 83: Line 88:


==Staffing==
==Staffing==
 
[[File:residential care.jpg | right | frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
One of the common concerns expressed by family relate to the staffing level within the facility and in some cases, the training of the staff to deliver complex care. Many care facilities in British Columbia have a large proportion of part-time and casual staff. ([[Chapter Four Legal Issues in Residential Care References|26]])Moreover, some operators contract out their care support and other services to other companies. The result is that residents may not have the same staff to regularly provide care.
One of the common concerns expressed by family relate to the staffing level within the facility and in some cases, the training of the staff to deliver complex care. Many care facilities in British Columbia have a large proportion of part-time and casual staff. ([[Chapter Four Legal Issues in Residential Care References|26]])Moreover, some operators contract out their care support and other services to other companies. The result is that residents may not have the same staff to regularly provide care.


Line 135: Line 140:


==Risk Taking==
==Risk Taking==
[[File:residential care.jpg | left | frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
One commonly asked legal issue in residential care is:  “Which personal risks are residents ‘permitted’ to take?”  The issue revolves not only about the perceived risks for the individual (or sometimes other residents), but also is about the efforts taken to mitigate risks and who has the final say in the various “risk” decisions.
One commonly asked legal issue in residential care is:  “Which personal risks are residents ‘permitted’ to take?”  The issue revolves not only about the perceived risks for the individual (or sometimes other residents), but also is about the efforts taken to mitigate risks and who has the final say in the various “risk” decisions.


===An example from falls prevention===
===An example from falls prevention===
 
[[File:Risk prevention.jpg | right | frame | link=| <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
Falls are a common concern in residential care facilities, and happen with considerable frequency, as a result of many interrelated factors including frailty, medications, staffing and environmental factors,([[Chapter Four Legal Issues in Residential Care References|40]]) as well as cognitive impairment.  In some cases, family will ask (“strongly request”) staff to take stronger efforts to help reduce the risk of a resident falling. They may erroneously believe that if staff restricts the resident’s movement (“make her stay in bed”) or if they use physical restraints, this will prevent falls.
Falls are a common concern in residential care facilities, and happen with considerable frequency, as a result of many interrelated factors including frailty, medications, staffing and environmental factors,([[Chapter Four Legal Issues in Residential Care References|40]]) as well as cognitive impairment.  In some cases, family will ask (“strongly request”) staff to take stronger efforts to help reduce the risk of a resident falling. They may erroneously believe that if staff restricts the resident’s movement (“make her stay in bed”) or if they use physical restraints, this will prevent falls.
   
   
Line 167: Line 171:
==Renovations and Closure of Facilities==
==Renovations and Closure of Facilities==


Throughout the 2000s, a number of care facilities in British Columbia  were closed or renovated. In many circumstances, this process happened in a way that left residents and families  with little if any notice, distressed  and feeling very uncertain about the residents’ future. The  Residential Care Regulations require the  Medical  Health Officer to be informed  about  closures, but is silent  as to residents or families to this information.([[Chapter Four Legal Issues in Residential Care References|47]]) The Ombudsperson’s Best of Care report recommended that health authorities promptly inform residents and families  decisions about closure decisions.([[Chapter Four Legal Issues in Residential Care References|48]])
Throughout the 2000s, a number of care facilities in British Columbia  were closed or renovated. In many circumstances, this process happened in a way that left residents and families  with little if any notice, distressed  and feeling very uncertain about the residents’ future. The  Residential Care Regulations require the  Medical  Health Officer to be informed  about  closures, but is silent  as to residents or families to this information.([[{{PAGENAME}}#References|47]]) The Ombudsperson’s Best of Care report recommended that health authorities promptly inform residents and families  decisions about closure decisions.([[{{PAGENAME}}#References|48]])
   
   
The Ministry of Health (Home and Community Care) Policy now has a special section on expectations of Operators and the health authorities when Operators or others are planning to close  the facility.([[Chapter Four Legal Issues in Residential Care References|49]])  At least one health authority has identified that care facilities under a certain size (125 beds) are not economically viable,  and consequently  should be closed. ([[Chapter Four Legal Issues in Residential Care References|50]])This will be a very important consideration for current and future residents.
The Ministry of Health (Home and Community Care) Policy now has a special section on expectations of Operators and the health authorities when Operators or others are planning to close  the facility.([[{{PAGENAME}}#References|49]])  At least one health authority has identified that care facilities under a certain size (125 beds) are not economically viable,  and consequently  should be closed. ([[{{PAGENAME}}#References|50]])This will be a very important consideration for current and future residents.
        
        


{{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}}