Indigenous Services Canada has received a two-month extension to deliberate on Scarlet’s funding continuation, ensuring she will continue receiving services in the meantime, as stated by Conway Litigation. The fate of five-year-old Scarlet’s crucial therapy hangs in the balance as her father, Patrick Cully, awaits a decision next week. Scarlet, who resides in Thunder Bay, Ontario, and is a member of Batchewana First Nation, was diagnosed with Level 2 autism spectrum disorder, indicating severe speech delays and significant challenges in social communication and interaction.
Scarlet has made significant progress with full-time applied behavior analysis (ABA) therapy, transitioning from using an alternative communication device to speaking independently. After Indigenous Services Canada rejected the family’s funding request under Jordan’s Principle, amounting to $217,650, uncertainty looms over Scarlet’s development plan.
David Taylor, the managing partner at Conway Litigation representing the family, expressed hope that a broader interpretation of Jordan’s Principle would secure the necessary support for Scarlet to continue receiving vital services. However, concerns have been raised by families and advocates about the narrow scope of funding approvals under Jordan’s Principle following operational and eligibility changes announced in February.
The government cited a lack of awareness of an existing service providing funding for full-time ABA therapy, questioning the application of substantive equality in Scarlet’s case. With approximately 140,000 pending cases, Indigenous Services Canada is grappling with a backlog while assessing the Federal Court’s ruling on Scarlet’s situation.
Meanwhile, the Cully family navigated the internal appeal process and Federal Court to challenge the funding decision. Despite partial funding approval, Scarlet’s full-time ABA therapy is secured until at least August 1, with a subsequent waitlist period of six to 18 months looming. The family stresses the urgency of timely access to therapies for Scarlet’s well-being.
Nicole Neil, an expert in behavior analysis, explained the high costs of ABA therapy, highlighting the intensive nature of services and individualized care plans contributing to the expenses. Families awaiting services face significant financial burdens, underscoring the importance of accessible care for children with autism.
The arduous process of applying for funding under Jordan’s Principle poses challenges for families, noted Nicole Ineese-Nash, an advocate for Indigenous youth mental health. She emphasized the need for a more streamlined approach to ensure timely and equitable access to services for children with disabilities, especially within Indigenous communities.
In addressing the broader issue of supporting Indigenous children with disabilities, Ineese-Nash called for community-driven solutions alongside advocating for systemic reforms and increased funding. Building robust networks of care tailored to Indigenous needs is crucial for enhancing support structures within these communities.