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Difference between revisions of "Key Bill of Rights Provisions for Residential Care"

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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.
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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===
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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==
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