A Vancouver youth with autism with a tendency to self-harm was left in his waste in solitary confinement in government-funded facilities, a notice of civil claim filed in B.C. Supreme Court says.
The case for 'Leo' is brought by his father, litigation guardian, and a Surrey-based support society.
Named as defendants in the case are the Ministry of Children and Family Development (MCFD,) Community Living British Columbia (CLBC), the Ministry of Attorney General, Arcus Community Resources, Katie Allen, East Van Behaviour Analysis Ltd., the Provincial Rental Housing Corporation, Lower Mainland Society for Community Living, Lisa Bich Nguyen, Krystina Diem Tran and DaVinci Holdings Ltd.
Of the institutional defendants contactable by Glacier Media for comment, only BC Housing, CLBC and MCFD responded.
The claim said Leo, now 20, was diagnosed with autism at age two, at which time behavioural supports were started. He attended school through Grade 7 and was then home-schooled with assistance through the province's Traditional Learning Academy program.
However, said the claim, in early 2017, at about age 14, "he began exhibiting increasing self-injurious behaviours including but not limited to hand-banging and throwing himself downstairs, and violence towards others and property."
As a result, his parents sought expert help and temporary residential placement to improve his quality of life. They received assistance from MCFD.
The claim said around June 2017, MCFD arranged for the involvement of Allen, EVBA and Arcus in Leo's care.
A month later, CLBC provided Vanness House for MCFD and Arcus to provide residential care for Leo.
Five months later, the claim asserts, Leo's parents entered into a voluntary care-special needs agreement with the ministry ending in May 2018. He was now considered in the ministry's care under the Child, Family and Community Service Act.
Under that act, the claim said, the ministry may contract with service providers. In Leo's case, the claim asserts, this was done with Arcus, EVBA, Allen, CLBA and/or LMSCL.
The claim alleges that, during this period, Leo sustained injuries, including physical and psychological harm.
Those arose, the claims allege, because Leo was subjected to prolonged solitary confinement due to policies that prioritized ministry and Arcus employees' safety over Leo's best interests.
The claim said that led to his receiving inadequate assistance with daily living resulting in him being left nude for significant amounts of time and urinating and defecating throughout his living quarters.
Further, it claims his interactions with family were restricted, his bedclothes were left soiled, he had limited access to exercise and the outdoors, and he had limited social interaction.
His situation had "limited if any physical touch, warmth or empathy," the claim said.
Coupled with a deterioration in his living condition was an increase in Leo's self-injurious behaviours, the claim said. Those episodes are listed in the hundreds in the court document.
Then, in January 2019, Allen, EVBA and Arcus served notification of termination of services, saying they did not have the facilities or capacity to provide Leo with what he needed while keeping staff safe.
As such, he was moved to his parents' home with the ministry contracting for in-home care workers. The initial funding estimate for that service was $777,433, the claim said.
Alleged injuries
The lawsuit said Leo experienced cumulative brain injuries; head, arm, leg and knee injuries; cataracts, visual impairment; facial deformations; cauliflower ears; high blood pressure, suicidal ideation and attempts, parental alienation; aggravated autism spectrum disorder, depressive and anxiety symptoms; social isolation, personality change, abandonment issues; incontinence and a decline function.
The suit says Leo reached the majority in March 2021, at which point he aged out of ministry services and transitioned to CLBC services.
Leo has a support society as an advocate and requested CLB for funding.
Then, CLBC wanted assessments done to determine care needs.
The suit said that in March 2022, CLBC determined funding significantly below what was needed, advised Leo go to a group home and threatened the family that should it deem the family home unsafe, "alternative support conditions would be imposed.
The suit said CLBC aggravated the situation. It seeks multiple damages.
None of the allegations have been proven in court.
Responses
BC Housing said in a statement to Glacier Media it is reviewing the claim and will participate in court proceedings as warranted to represent the interests of the Provincial Rental Housing Corporation, which owns one of the properties in which the plaintiff lived during his placement.
"Through the Provincial Rental Housing Corporation, BC Housing purchases buildings on behalf of sponsoring ministries such as Community Living BC for use as group homes," the statement said. "We are not involved in the day-to-day operations of these properties and only periodically inspect the sites to ensure the physical asset's condition remains appropriate for its intended use."
MCFD said it couldn't comment on individual cases due to confidentiality.
"We take allegations of abuse within the care system very seriously, and anytime there is a concern, the ministry will assess the situation and take action to ensure the safety of all children and youth in the home if necessary," the statement to Glacier Media said. "Staff may also conduct a quality of care review or investigation."
The ministry said a family whose child has been diagnosed with autism spectrum disorder has a wide range of supports available through the ministry depending on the needs of the child or youth. Those can include respite, in-home supports, behaviour supports, professional services supports and parenting/family supports.
"When a child or youth is in the care of the ministry, the caregiver, guardianship worker and resource workers collaborate to put in place home-based and community-based supports that respond to the unique needs of the child," the ministry said.
Such supports include occupational therapy, behavioural supports and child and youth mental health services.
"We are focused on ensuring children and youth who are living in care have the safety, supports and care they need to thrive," the ministry said.
Randy Schmidt, CLBA vice-president of governance and communications, said the case involves privacy issues and, as the case is before the courts, it would not be right to comment.
