Consumer Service Policies Consumer Rights and Responsibilities | Consumer Abuse | Informed Consent Cultural and Spiritual Supports | Consumer and Guardian Grievance Consumer Rights and Responsibilities Policy Overview Consumers and their guardians are assured that all agency services are delivered in a manner that protects the rights of the individual. Agency employees are made aware of these rights and will endeavor to ensure that the individual's rights are protected. Consumers, and their guardians, who come into service are also expected to assume certain responsibilities that will support the delivery of a quality service and contribute to a positive relationship between the individual and the staff who provide supports. Consumers and guardians will acknowledge an understanding of their respective rights and responsibilities by signing the "Individual Rights and Responsibilities" (Form PC089). This form will also be reviewed annually as part of the consumer's annual service planning process. Employees will acknowledge an understanding of consumer rights and responsibilities by reviewing this policy and the above form at the time of their initial hiring, and annually through reviewing these documents and signing the Annual Acknowledgement Form. See Ch IV:3:3.1 Policy 17 - Annual Acknowledgement. Policy Agency employees shall operate all programs and deliver all services in a manner which is consistent with the Agency’s formal guiding values and protects the following basic rights of the consumers: the rights and freedoms ensured under the “Canadian Charter of Rights and Freedoms” and any and all other federal, provincial, and territorial Individual Rights Protection Legislation; the right to live in a nurturing environment that is the least restrictive required for the individual to attain their personal and program goals; the right to a quality training program and assistance in achieving their personal and program goals; the right to be involved in the planning of service delivery, See Ch V:1:29 - Annual Service Plan; the right to confidentiality, See Ch IV:3:3.1 - Oath of Confidentiality; the right to access all their personal records and files; the right to consent or withhold consent for participation in any program goals, treatment, training and methods, See V;1:8 - Informed Consent; the right to question, in an appropriate manner, any choices, decisions, and expectations that are placed upon them, See V:1:7 - Consumer / Guardian Grievance and Appeal Process; the right to proper nutrition according to the Canada Food Guide or any other Cultural Food Guide; See V:1:13 - Food Services; the right to basic privacy, such access to bathroom, personal space (bedroom and storage), telephone use and sending or receiving mail; the right to own their own clothing and personal effects; the right to develop meaningful and appropriate friendships and relationships and have visits from friends and family (pursuant to Guardian limitations); the right to adequate sleep and rest; adult consumers have the right to report abuse to an agency representative, and any representative of PDD, or the police (See V:1:6 - Consumer Abuse), adult consumers also have the right to contact funders, guardians, or other government individuals for any reason and at any time if they so desire; children in service have the right to report abuse to an agency representative, and representative of Child Welfare, the Child Advocate, or the police (See V:1:6 - Consumer Abuse), children also have the right to contact Child Welfare staff, or the office of the Child Advocate for any reason, and at any time, if they so desire; the right to meaningful day activities; the right to an education, for children; the right to be treated in a dignified, respectful, and positive manner by their caregivers. Aboriginal consumer who receives services through the agency, will have the following additional rights: the right to have access to an aboriginal worker and / or a cultural resource person if one is available; and the right to express and practice their traditional cultural and spiritual ceremonies and preferences. Notwithstanding the above, if appropriate authorization is given, the Agency’s employees may utilize certain restrictive procedures and/or behavior modification programs which may temporarily restrict the rights and/or freedoms of the consumer. See Ch.V:1:4 Restrictive Procedures. Agency employees may also temporarily restrict the rights and/or freedoms of a consumer, in situations of severe incidents to ensure the health safety and security of the consumer and others. See Ch I:4:1.0 Severe Incidents. All individuals including families, and guardians, who receive services from the agency have the following responsibilities: the responsibility to be respectful in the treatment of other people; the responsibility to be respectful of other people's property, personal belongings and personal space; the responsibility to be respectful towards others in the practice or expression of their cultural / spiritual preferences; the responsibility to respect the privacy and confidentiality of others with whom they become involved with through service delivery; the responsibility for being respectful of others when inviting friends and family into a service or home; the responsibility to take an active role in establishing and following the rules of the service or home; the responsibility to inform someone if you are unhappy or dissatisfied with the services that are provided by the agency; the responsibility to follow through on all commitments that are made by yourself; the responsibility to abide by the laws of the land and the applicable policies of the funder and service provider; the responsibility, if you are a consumer receiving services, to look after your health by: following through on doctor prescribed medication and treatments, immediately reporting to someone if you are sick or injured, eating nutritious meals, and getting adequate rest and sleep; the responsibility for communicating in an open, positive, dignified, and respectful manner with your caregivers and other agency personnel; and the responsibility to attend school programs, if applicable. During each year of employment, all employees, shall be required to review this policy and sign an Annual Acknowledgement to the effect that they understand the policy. Consumer Abuse Policy Overview Parkland CLASS fully supports the various abuse reporting and investigation protocols for Persons with Developmental Disabilities, Child Welfare, Resources for Children with Disabilities, and the Government of the Northwest Territories. A definition of abuse includes the following: Physical Abuse - physical acts of assault such as corporal punishment, striking, kicking, punching, biting, throwing, burning, violent shaking that causes or could cause physical injury, or the use of restraints or locked confinement with the exception of formal authorized treatment programs or emergency restrictive procedures. The Agency does not allow any form of corporal punishment. Sexual Abuse Sexual Assault - touching of a person’s primary or secondary sexual features without consent. Sexual Harassment - any conduct, comment, gesture or contact of a sexual nature likely to cause offense or humiliation to an individual. Physical Neglect - failure to provide basic necessities such as food, clothing, shelter, protection from hazardous environments, care and supervision appropriate to the individual’s age or development, sleep deprivation, hygiene and medical care that causes or, over time, could cause serious harm. Emotional Abuse - rejecting, ignoring, degrading, humiliating, intimidating or terrorizing a person; acts or omissions that cause or are likely to cause conduct, cognitive, affective or other mental disorders, emotional stress or mental anguish. Emotional abuse also includes group punishment, withholding spiritual observations, and visits from family members. Exploitation - acts that take advantage of a person’s vulnerabilities including, but not limited to, financial and material abuse, as well as persuasion to do things that are illegal or not in the individual’s best interest. Inappropriate Medication - the unauthorized use of PRN's or the use or withholding of medication as a punishment. Inappropriate Use of Restrictive Procedures - use of restrictive procedures that are contrary to PDD, AARC, Child Welfare, AASCF standards; deliberate confining of a person without authorization to do so; restraining or restricting a person’s movement without authorization to do so; applying any agent or chemical to a person’s senses that would be unpleasant; and inappropriate use of medication. Policy The Agency recognizes the prevalence of abuse, as previously defined, of individuals with developmental disabilities and recognizes the need for prevention and proactive responses to any occurrence. Any employee, proprietor or volunteer who has knowledge of an alleged abuse of a consumer, through witnessing, through the consumer’s own disclosure or behavior, or through a third party report, shall immediately report the incident. All incidents or suspicions of consumer abuse must be reported immediately to the Divisional Director/Program Manager who will then inform the consumer’s parent, guardian or Child Welfare worker. In the event the Divisional Director or Program Manager is involved or implicated, the incident should be immediately reported to the Executive Director. Unless a caregiver is professionally or legally obligated to do otherwise, information a caregiver has about a consumer shall be held in confidence and shared with others only with the informed consent of the consumer/guardian. Situations where a caregiver may be required to share confidential information may include cases where there is knowledge of a consumer abuse, a belief that a consumer is at serious risk, or when required by law e.g. in cases of child abuse, or in order to receive direction and supervision within their place of work. When dealing with cases of consumer abuse against an individual, caregivers shall assess each situation individually in their efforts to find a balance between protecting the victim’s privacy and meeting their professional and/or legal obligations. When the Agency must share confidential information with non-Agency personnel, every effort shall be made to share the rationale for the decision with the consumer/guardian and to seek their approval when required. Agency Coordinators, Supervisors, Facilitators, and Teachers will provide training to consumers regarding the identification and reporting of consumer abuse. This will occur annually in conjunction with the development of the consumer’s Annual Service Plan. The Agency believes and advocates the principle of police involvement (if the victim is an adult) and Child Welfare involvement (if the victim is a child) in investigating the incident. If the victim is over eighteen (18) years of age and does not have a legal guardian, they have the legal right to make their own decisions about how they would like to handle the situation. This includes decisions such as who information will be shared with, what medical services will be sought, and whether to use counseling and support services. It is critical that, whenever possible, the alleged offender is not confronted by the Agency or made aware of the suspicions or accusations unless the consumer remains at risk. If the consumer is at risk, the Executive Director may choose to suspend the employee without a full explanation pending a formal investigation. All new employees shall be trained in PDD’s - Recognizing Abuse and Reporting protocols for adults and children and they will be informed of the role of the Children’s Advocate. During each year of employment, all employees shall be required to review this policy and sign Form PC052 Annual Acknowledgement confirming that they understand the policy in its entirety. Informed Consent Policy Overview Informed consent has not occurred if: the consumer or guardian has not been provided with all information regarding the service, program, procedures, treatments or training; the consumer or guardian has not been informed of their right to withhold or revoke any or all consent to the services being offered; and written consent has not been received. The consent process provides boundaries for individual service to a consumer and ensures all relevant persons are aware of, and agree to, unique service parameters. When completed, Form PC014 - Informed Consent Acknowledgement Form, Form PC094 - Specialized Recreational Activities Consent Form, and Child Welfare's "Delegation of Authority" form provide written agreement between the consumer or guardian and the Agency. Policy All consumers and/or their guardians shall be required to complete form PC014 - Informed Consent Acknowledgement Form which provides general consent, or withholds consent, for the following: consent for consumer services and program participation including all training and teaching techniques and action to be taken as outlined in the Service Proposal and the Annual Service Plan; consent and direction to access cultural/spiritual resources, and/or to participate in traditional cultural activities and ceremonies; consent to having personal information recorded daily in order to assist the agency with providing the following: quality daily support and/or care, support and assistance in ensuring good health care, completion of assessments and required reports to identify needs and strengths for service planning, and daily internal documentation; consent for the administration of appropriately prescribed oral and topical medication as part of the daily routine and treatments; consent for the administration of appropriately prescribed over the counter medication for minor treatments, See Ch V:1:23 - Medication Administration; consent for the agency to initiate emergency interventions including restrictive procedures to restrain or control behavior, if the need arises, as set forth in Ch V:1:4 - Restrictive Procedures; consent to release information to funders and other service provides as specified in Form PC014 in order to facilitate comprehensive service provision; consent to participate in daily recreation and leisure activities, not including "Specialized Recreational Activities" as set forth in Ch V:1:31 - Consumer Recreation Safety; consent to routine in-town travel and out-of-town travel within a 145 km radius utilizing agency transportation or alternative transportation; consent to overnight visits as part of a prearranged and agreed to activity choice; and consent to having photographs taken including video taping and still pictures, for personal identification, personal life books, and as part of personal belongings and mementos. In addition to the above general consents, the consumer and or their guardian will be required to consent that in the event of a medical or psychiatric emergency, the agency can take the individual to the nearest emergency facility. However, decisions for treatment cannot be made by agency staff. Every attempt will be made to contact the parent / guardian. In the event that the parent / guardian cannot be contacted, the decision for treatment will be left up to the health care provider. Consents for Specialized Recreational Activities are requested and granted by a consumer / guardian pursuant to Ch V:1:31 - Consumer Recreation Safety. Consent for a consumer to participate in any research project, survey, or special initiative will be sought individually. The full details of the activity will be explained and the consumer’s participation will be totally voluntary. Consumers and Guardians have the right to revoke a consent after it has been given. Revocation must be made in writing and submitted to the Program Manager or Director. Cultural and Spiritual Supports Policy Overview Agency employees must ensure the consumers have the opportunity to express themselves through their spiritual, religious, and cultural beliefs and practices. This is particularly true of all aboriginal children and adults who come into service. The agency places a high priority on access to cultural and spiritual resources and supports. Policy When a new consumer comes into service, they and their parent or guardian will be asked if they wish to provide information relative to the individual's preferences regarding spiritual, religious, and cultural beliefs and practices. If an individual chooses to voluntarily share information, they will be asked to express their expectations of the agency as it supports the consumer's desire to participate in religious, spiritual, and cultural practices and ceremonies, and agency staff will strive to accommodate these expectations as best as possible. Aboriginal consumers will have the right to have access to an aboriginal worker, if they so desire, and the agency will endeavor to hire a worker pursuant to the individual's request. Aboriginal consumers will also be informed of their right to have access to an aboriginal resource person at any time while in service, and the agency will identify local resources to act in this capacity. All consumers will be informed of their right to participate in religious, traditional, and cultural ceremonies and events of their choosing, by expressing their desire to the Program Coordinator, Manager, or Director. Within 10 days of a consumer's initial admission or intake, the consumer and their parent / guardian will have the above rights explained to them, and they will provide written direction to the agency utilizing form PC086 - Cultural and Spiritual Resources Acknowledgement. The agency will support the decision of an employee who refuse to participate in the facilitation of a consumer's chosen activity, when the employee finds that the facilitation is contrary to their own established religious or cultural beliefs and practices. If this should occur the employee should immediately express their concern to their supervisor and a replacement staff member will be identified to accompany the consumer. Consumer and Guardian Grievance Policy Overview The Agency’s appeal process provides consumers/guardians with the opportunity of challenging Agency decisions and ensures documentation of concerns, timely follow-up and written notice of appeal or grievance outcomes in a fair and equitable process. Policy The Agency shall provide consumers / guardians with a formal process to register complaints, air grievances and appeal decisions made by the Agency. This process shall include a multi-level internal review within the Agency and an external review by the Persons with Developmental Disabilities (PDD) Community and/or Provincial Boards. Internal reviews and responses to grievances or appeals shall be based on the Agency’s policies, procedures and systems and the consumer / guardian needs and requests. External reviews and responses to grievances or appeals shall be undertaken through the PDD Community and/or Provincial Boards’ Dispute Resolution Process. The Coordinator / Program Manager / Divisional Director shall be responsible for providing the consumer / guardian with complete information regarding the consumer / guardian grievance and appeal process at commencement of service and, thereafter, at yearly intervals. Procedures Level I - Coordinator, Program Manager or Divisional Director Responsible for the Residence or Program The complainant, either a consumer or guardian, raises a concern relative to the consumer’s service, the treatment of the consumer, or a decision made by an employee of the Agency. When made aware of a problem, meet with the consumer / guardian and attempt to resolve the problem. For reference purposes, advise the affected individual that all concern(s) should be stated in writing. Ensure the information presented is handled supportively in an effort to effectively resolve the issue. Respond to the consumer / guardian in writing within fifteen (15) working days. File the written consumer / guardian grievance and responses in the consumer’s master file with a copy being provided to the Executive Director. Level II - Executive Director In the event that the complainant is dissatisfied with the outcome at Level I, a formal appeal can be made to the Executive Director within seven (7) working days of receiving the Level I response from the Coordinator, Program Manager or Divisional Director. Ensure the information presented is handled supportively in an effort to effectively resolve the issue. Ensure all decisions and responses to grievances or appeals are determined according to the Agency’s philosophy, policies, procedures, systems and the consumer / guardian needs and requests. Receive the written grievance or concern within seven (7) working days after the Level I response, investigate and review all written concerns or grievances submitted as part of Level II. Provide a written response to the consumer / guardian within fifteen (15) working days. Forward the written consumer / guardian concern or grievance and the Executive Director response to the appropriate Divisional Director, Program Manager or Coordinator to file on the consumer’s master file. Provide the consumer / guardian with a copy of the PDD, Community and Provincial Boards’ Dispute Resolution Process. Level III - Persons with Developmental Disabilities Central Community Board In the event the complainant is dissatisfied with the response at Level II, an appeal to this decision may be made to the PDD Community Board in accordance with their formal Dispute Resolution Process. Level IV - Persons with Developmental Disabilities Provincial Board In the event the complainant is dissatisfied with the outcome at Level III, an appeal to this decision may be made to the PDD Provincial Board in accordance with their formal Dispute Resolution Process.

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