Rights & Responsibilities Framework

Foundation of Rights and Responsibilities | Agency Accountability | Employee Rights
Individuals in Service - Rights and Responsibilities | Guardian Rights and Responsibilities


Foundation of Rights and Responsibilities

Overview
In support of the provision of high quality services, the Agency strives to develop and maintain a partnership with the individuals who receive services, their families, their guardians, funders of services, and the agency employees who actually deliver services and provide supports. In order to be successful in this partnership, all parties must be respectful and value the unique roles and responsibilities of the others.

In an effort to create a positive and mutually respectful working relationship, a focus group of Board members, private and public guardians, family members, funders, and key agency staff undertook a consultation process with the intent of developing a foundation of policies within the areas “Agency Accountability” and “Guardian Rights and Responsibilities”. These have been combined with several other critical policies to create a Foundation of Rights and Responsibilities within the following domains:
  • Agency Accountability
  • Employee Rights
  • Individuals in Service - Rights and Responsibilities
  • Guardian Rights and Responsibilities

Agency Accountability

Policy
The Agency is accountable to the individuals who receive services; the individuals’ family, parents, and / or guardians; the Agency’s various funding sources and accreditation authorities; and to its own employees and contracted caregivers.

  1. The service provider supports individual “Person Centered Planning” and will work as a team member with families, guardians, the individual and significant others to identify and support the individual in the pursuit of their vision and goals. The Person Centered Plan is holistic, as determined by the individual, and could address some of the following - home, lifestyle, recreation, employment, relationships, culture and spirituality. The Person Centered Plan will be reviewed annually or as changes occur in the individual’s life.

  2. The service provider will respect and support the bonds of family and the establishment of natural, unpaid supports within the community.

  3. The service provider will consult with families, guardians and the individual and provide them with the necessary information for them to make informed decisions and the service provider will require the guardian and individual’s consent before any changes in an individual’s services are implemented.

  4. The service provider will endeavor to deliver high quality individualized services that are meaningful by ensuring that options and choices are provided and that individuals are supported in achieving their personal goals and potential.

  5. The service provider will ensure that the agency and staff consider the values of the individual and their guardian as services are provided and decisions are made.

  6. The service provider will provide regular reports to guardians and funders on at least a quarterly basis. Reports will focus on the well being of the individual and will outline the progress or lack of progress that has been made towards the advancement of the individual’s goals, and describe any concerns or issues that are impacting the individual or their service.

  7. In addition to funder reports, the individual and their guardian will determine the quarterly reporting methods that best meet their needs. (e.g. conversation, written reports, graphic representations, audio reports, etc.)

  8. The service provider places an individual’s health, safety, and security as a high priority and it will immediately report all situations where an individual is compromised within these areas.

  9. The service provider will advocate on behalf of the individual if the actions and decisions of a guardian are contrary to the individual’s wishes, best interests, and well being.

  10. The service provider will be sensitive and avoid unnecessary changes in the lives of individuals, and it will consult with the individual and their guardian if any changes in a consumer’s service or life style activities are anticipated.

  11. The service provider will support the normalization of the individual’s activities and choices, including dignified options in transition from their family home, employment, recreation, volunteerism, and retirement.

  12. In consultation with the individual and their guardian, the service provider is responsible for providing employees with a confidential orientation to the individual whom they work with.

  13. The service provider is responsible to provide employees with an orientation to all key agency policies, train employees, supervise them, and discipline them if necessary.

  14. The service provider will notify guardians of all significant staff changes in a timely manner and whenever possible, it will consult with the guardian during the staff replacement process.

  15. The service provider will ensure that individuals who are supported within residential services are assisting in establishing "homes" that reflect their unique personalities and choices.

  16. The service provider will operate in compliance with the accreditation and certification standards established by Alberta Learning, AARC, AASCF, and other agency selected accrediting bodies.

Employee Rights

Overview
The Agency shall observe and respect employee rights as outlined in the Alberta Employment Standards Code and the Human Rights, Citizenship and Multiculturalism Act.

Policy
Pursuant to existing Board Policies, “The Executive Director, … will ensure that the rights of employees to fair, equitable and dignified treatment, are not impeded.” In support of this policy, all agency employees have the following additional rights:

  • Employees are entitled to a reasonable orientation to the agency and the various consumers whom they work with. Employees should feel free to ask any questions, raise any concerns, or constructively criticize the services which are being provided to consumers without fear of any negative response on the part of their immediate supervisor, Program Coordinator, Program Manager, or Divisional Director.

  • Employees may use an “Open Door Approach” to talk with their Program Manager, Divisional Director or the Executive Director if they feel that they have been treated in an unreasonable, unfair, inequitable, or undignified manner. This contact may be informal without any further action being taken on the part of the Manager or Director, or through a formal grievance which will initiate a full investigation and disciplinary action if warranted.

  • Employees shall receive a thorough internal review of all grievances through a multi-level grievance procedure which uses the Executive Director as the final arbitrator.

  • Employees may file a grievance directly to the Executive Director if they feel that any “Corrective Action Memo” or written “Divisional Director or Program Manager Reprimand” is unwarranted or unreasonable.

  • Under no circumstances will any employee face recrimination, retribution, or coercion for raising issues of concern regarding the professional conduct or judgement of their immediate supervisor, Program Coordinator, Program Manager or Divisional Director.

  • Employees shall not be subjected to any harassment within the workplace. Harassment includes yelling, profanity, verbal and/or physical abuse, sexual harassment or abuse, intimidation or other unprofessional conduct.

Individuals in Service - Rights and Responsibilities

Policy
Person Centered Planning is the foundation of individual service development and service delivery in the agency. Individuals in service and their guardians are assured that all agency services are delivered in a manner that protects the rights of the individual. Employees are made aware of the individual’s rights and will endeavor to ensure that their rights are protected.

  1. Agency employees shall operate all programs and deliver all services in a manner which is consistent with the Agency’s formal guiding values and which protect the following basic rights of the individuals who receives service:

    1. 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;

    2. The right to live in a nurturing environment that is the least restrictive required for the individual to attain their personal and program goals;

    3. The right to quality supports, programs, and assistance in achieving their personal and program goals;

    4. The right to be involved in the planning of service delivery through a Person Centered Planning process;

    5. The right to personal privacy and confidentiality;

    6. The right to access all their personal records and files;

    7. The right to consent, withhold consent, or withdraw a consent for their participation in any program, treatment, training and methods;

    8. The right to question, in an appropriate manner, any choices, decisions, and expectations that are placed upon them;

    9. The right to proper nutrition according to the Canada Food Guide or any other Cultural Food Guide;

    10. The right to basic privacy, such as access to bathroom, personal space (bedroom and storage), telephone use and sending or receiving mail;

    11. The right to own their own clothing and personal effects;

    12. The right to develop meaningful and appropriate friendships and relationships and have visits from friends and family (pursuant to Guardian limitations);

    13. The right to adequate sleep and rest;

    14. Adults have the right to report abuse to agency representatives, any representative of PDD, or the police; adults also have the right to contact funders, guardians, or other government individuals for any reason and at any time if they so desire;

    15. Children have the right to report abuse to agency representatives, any representative of Child Welfare, the Child Advocate; children also have the right to contact Child Welfare staff, or the Child Advocate for any reason, and at any time, if they so desire;

    16. The right to meaningful day activities; and for children, the right to an education; and

    17. The right to be treated in a dignified, respectful, and positive manner by their caregivers.

  2. Individuals who are aboriginal, or have other ethnic backgrounds, will have the following additional rights:

    1. The right to have access to an aboriginal worker and / or a cultural resource person if one is available; and

    2. The right to express and practice their traditional cultural and spiritual ceremonies and preferences.

  3. Notwithstanding the above, in response to emergency situations or 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 of the individual.

  4. All individuals who receive services from the agency have the following responsibilities:

    1. The responsibility to be respectful in the treatment of other people;

    2. The responsibility to be respectful of other people's property, personal belongings, and personal space;

    3. The responsibility to be respectful towards others in the practice or expression of their cultural / spiritual preferences;

    4. The responsibility to respect the privacy and confidentiality of others with whom they become involved with through service delivery;

    5. The responsibility for being respectful of others when inviting friends and family into a service or home;

    6. The responsibility to take an active role in establishing and following the rules of the service or home;

    7. The responsibility to inform someone if you are unhappy or dissatisfied with any services that are provided by the agency;

    8. The responsibility to follow-through on all commitments that are made by yourself;

    9. The responsibility to abide by the laws of the land and the applicable policies of the funder and service provider;

    10. The responsibility 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;

    11. The responsibility for communicating in an open, positive, dignified, and respectful manner with your caregivers and other agency personnel; and

    12. The responsibility to attend school programs, if applicable.

Guardian Rights and Responsibilities

Policy
Next to the individuals who actually receive services, the Agency recognizes parents and guardians as the most significant contributors and positive influence in the development of meaningful individualized service options. Person Centered Planning is integral to the self-determination of individuals, and the supportive influence of guardians and parents is integral to the Person Centered Planning process. Therefore, guardianship carries with it a unique set of rights and responsibilities.

  1. Guardians have the following general rights which will be respected by the Agency and its employees:

    1. The right to advocate and help the service provider to understand the unique value and character of the individual, ensuring that the individual is acknowledged, valued, and respected in the services that they receive;

    2. The right to make decisions and lead in the development of individual service plans through the Person Centered Planning process;

    3. The right to be provided with the necessary information for them to make informed decisions, ensuring that the agency obtains their input and consent before any changes in an individual’s services are implemented;

    4. The right to refuse to grant consent, change an individual’s services in consultation with the agency, or terminate all or part of an individual’s services, treatment or medication, provided that any changes in treatment or medication changes are supported by the individual’s physician;

    5. The right to ASK, WATCH, and LISTEN; thus they have the right to reasonably monitor an individual’s services on a regular basis, provided that their monitoring activities are not disruptive or negatively impact the individual or others;

    6. The right to advocate for the individual, question the conduct of employees, challenge decisions made by the agency, and challenge agency policies through both informal or formal processes without any fear of reprisal on the part of the agency or its employees;

    7. The right to be informed of other relevant resources that are available within the community, including those services and supports that might be provided by other service providers; and

    8. Subject to providing adequate notification, the right to access all written reports, information and documentation that pertain to the individual in service, and to provide corrections, objections, or additions to those records.

  2. The service provider and its staff will communicate with individuals in service and their guardians in an open, positive, and respectful manner and will ensure that guardians are treated in a fair, equitable, and dignified manner.

  3. Guardian’s shall receive a thorough internal review of all grievances through a multi-level grievance procedure which uses the Executive Director as the final arbitrator.

    If a guardian is dissatisfied with the Executive Director’s response to their grievance, they will be assisted by the agency to utilize other external grievance processes including those offered by funders, the Human Rights Commission, and the courts.

  4. Guardians have general responsibilities to the Agency and its employees which include:
    1. Guardians and family members shall treat agency employees in a fair, equitable, and dignified manner; and shall observe and respect their rights as outlined in Alberta Employment Standards Code, and the Human Rights, Citizenship and Multi-culturalism Act.

    2. Guardians will work towards the development and maintenance of positive working relationships with the agency and with its employees.

    3. Guardians will support the agency in its activities to fulfill its mission and values as it complies with the certification and accreditation standards of Alberta Learning, AARC, AASCF and other agency accrediting bodies.

    4. Guardians will respect the agency’s role as employer, they will support the agency’s mandatory staff training requirements, and they will support employees as they fulfill their required job duties as set forth in formal job descriptions.

    5. Guardians will respect an employee’s right to advance their career and seek transfers, promotions, and reassignments within the agency.

    6. Guardians will permit the agency to deliver services as outlined in the individual’s service plan, as previously agreed to by the individual and their guardian, and they will participate in the evaluation of the individual’s services.

    7. Guardians will respect agency policies and procedures relative to restrictive procedures and practices, medications administration, and the health, safety, and security of the individual.

    8. Guardians will pay all agency invoices for services that are rendered, provided that such payment is consistent with a previously agreed to funding contract, service arrangement, or written or verbal agreement.

    9. Guardians will inform the agency of any change in their address, phone number, and other standard guardianship information.
  5. Guardians have general responsibilities to individuals who receive services through the Agency which include:

    1. Guardians will support and respect the rights of the individual and they will place the well being of the individual above their own interests as they participate in service planning and decision making.

    2. Guardians will respect the input and informed life choices that are made by the individual in pursuit of their quality of life. They will respect the individual’s home and support their expression of personal preferences in the decoration of their home.

    3. Guardians will respect the privacy, confidentiality, choices, and rights of other consumers and other guardians


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