Family Council Membership Month
by Family Councils Ontario
This month, FCO is focusing on Family Council Membership! As Family Council success is strongly dependent on its members, this is an important topic to explore in depth. To get started, we’ll review the legislation and relevant best practices.
Family Councils are described in Ontario’s Long-Term Care Homes Act, 2007 (LTCHA or The Act). LTCHA Section 59 (5) states who has the right to be a Family Council member, and Section 59(6) lists those who cannot be members. When established, a Family Council becomes a self-led, autonomous group with the powers outlined in Section 60. Here are the membership sections from the Act:
Right to be a member
(5) Subject to subsection (6), a family member of a resident or a person of importance to a resident is entitled to be a member of the Family Council of a long-term care home. 2007, c. 8, s. 59 (5).
Who may not be a member
(6) The following persons may not be members of the Family Council:
1. The licensee, and anyone involved in the management of the long-term care home on behalf of the licensee.
2. An officer or director of the licensee or of a corporation that manages the long-term care home on behalf of the licensee or, in the case of a home approved under Part VIII, a member of the committee of management for the home under section 132 or of the board of management for the home under section 125 or 129, as the case may be.
3. A person with a controlling interest in the licensee.
4. The Administrator.
5. Any other staff member.
6. A person who is employed by the Ministry or has a contractual relationship with the Minister or with the Crown regarding matters for which the Minister is responsible and who is involved as part of their responsibilities with long-term care home matters.
7. Any other person provided for in the regulations. 2007, c. 8, s. 59 (6).
Membership Best Practice
As Family Councils are autonomous and self-governed, they are responsible for creating their own Terms of Reference which outlines the group’s goals, structure and operating procedures, including membership. Each Council sets its own membership including who may be a member (as long as the membership decisions abide by the Long-Term Care Homes Act) and how long people can be Council members. Make sure that this information is included in your Council’s Terms of Reference to ensure that everyone is aware of and on the same page about membership in your Council.
Continued Membership Best Practice
A Family Council may set provisions within its Terms of Reference for continuing the membership of a Family Council member who no longer has a family member/friend who is a resident in that Home (continued membership). Many Family Councils have members who stay on the Council after the death of their relative or loved one. On the other hand, some people want to leave the Council after their relative dies. This is an individual choice but one that impacts the Council as a whole. It's important for the Council members to discuss continued membership and reach an agreement on people staying on the Council after the passing of their loved one. Once your Council has reached a decision on continued membership as per your Council’s decision making process, make sure that the information is included in your Terms of Reference.
You can read the Memo RE: Clarification of Family Council Membership from the Ministry of Health and Long-Term Care here: https://www.fco.ngo/updates-and-events/updates/memo-re-clarification-family-council-membership
Stay tuned throughout November as we discuss different aspects of Family Council membership and how to build a strong, successful Council!