Family Councils and the Long-Term Care Homes Act: A Refresher
by Family Councils Ontario
Upon the creation of a new Family Council, it is always important for members to have a solid understanding of the Long-Term Care Homes Act. The Act contains significant information regarding Family Councils. FCO encourages Councils to review the act and garner an understanding of it. We receive many questions about Family Councils' powers, membership, and the role of the home. This blog is devoted to providing a refresher on what the act says about these topics.
Family Council Powers
Many Family Councils are unaware of what they are capable of in accordance with the Act. Having a sound knowledge of the Act and reviewing the powers from time to time is a great best practice for Family Councils to be informed and effective. The Act outlines several the following Family Council powers:
- Provide assistance, information and advice to residents, family members of residents and persons of importance to residents, including when new residents are admitted to the home.
- Advise residents, family members of residents and persons of importance to residents respecting their rights and obligations under this Act.
- Advise residents, family members of residents and persons of importance to residents respecting the rights and obligations of the licensee under this Act and under any agreement relating to the home.
- Attempt to resolve disputes between the licensee and residents.
- Sponsor and plan activities for residents.
- Collaborate with community groups and volunteers concerning activities for residents.
- Review,
i. Inspection reports and summaries received under section 149,
i. A written plan for achieving compliance, prepared by the licensee, that the Director has ordered in accordance with clause 153 (1) (b) following a referral under paragraph 4 of subsection 152 (1),
ii. The detailed allocation, by the licensee, of funding under this Act and the Local Health System Integration Act, 2006 and amounts paid by residents,
iii. The financial statements relating to the home and,
iv. The operation of the home.
Membership
Having passionate individuals who want to participate on a Family Council is a great recipe for success. Although Councils may be eager to increase membership and engagement, it is imperative that the forum of Family Council remains a safe space. With that being said, parameters around membership should be considered as the group grows in size. The act definitively outlines who is not eligible to be a Family Council member in the section below:
(6) The following persons may not be members of the Family Council:
- The licensee, and anyone involved in the management of the long-term care home on behalf of the licensee.
- An officer or director of the licensee or of a corporation that manages the long-term care home on behalf of the licensee […]
- A person with a controlling interest in the licensee.
- The Administrator.
- Any other staff member.
- 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.
Role of the Long-Term Care Home
A positive relationship with the respective Long-Term Care Home is an asset for any Family Council. Partnership between the Council and home staff and administration is important to a as it helps to ensure good communication and successful activities and initiatives of the Council. According to the Act, the home is required to consult and cooperate with the Family council as stated in the following recommendations:
- A licensee shall co-operate with the Famaily Council assistant and shall provide them with such financial and other information and such assistance as provided for in the regulations (c.8, s. 62. )
- A licensee has a duty to consult regularly with the Family Council, if any, and in any case shall consult with them at least every three months (c.8, s. 67.)
Interference
Finally, it is important to also remember that the Family Council is its own self-led, self-determining, democratic group. The licensee may offer support while ensuring not to interfere with the business of the Council. The Act states the following on interference by the licensee:
65 A licensee of a long-term care home,
(a) Shall not interfere with the meetings or operation of…the Family Council;
(b) Shall not prevent a member of the… Family Council from entering the long-term care home to attend a meeting of the Council or to perform any functions as a member of the Council and shall not otherwise hinder, obstruct or interfere with such a member carrying out those functions;
(c) Shall not prevent a… Family Council assistant from entering the long-term care home to carry out his or her duties or otherwise hinder, obstruct or interfere with such an assistant carrying out those duties; and
(d) Shall ensure that no staff member, including the Administrator or other person involved in the management or operation of the home, does anything that the licensee is forbidden to do under clauses (a) to (c). 2007, c. 8, s. 65.
Being a member of your home’s Family Council is a rewarding experience and supports the families and the residents by creating a resilient and engaged home. Knowing the basic information about the Long Term Care Homes Act as it pertains to Family Councils is a good step in advocating for the best care experience for residents. Knowledge is power for Family Councils, take the time to get to know the Act and how it can be utilized to support your missio