ALLISON DUNFIELD
Globe and Mail Update
The Newfoundland Health Department was ordered to eliminate the waiting list for all autistic children in the province in a decision handed down by the provincial Human Rights Commission this week. The decision was prompted by a complaint by grandmother Gloria Sparkes in October 2000 on behalf of her grandson, Brandon Sparkes. Brandon was diagnosed with autism when he was three years old and was referred to a provincial behavioural-analysis program. He was eventually accepted into the program, but he was placed on the waiting list for one year. The program is recommended treatment for autistic children. A statement from the Commission said that "Brandon was placed on a waitlist for one year even though there was evidence that early intervention is critical." Adjudicator Valerie Marshall said in her Dec. 18 ruling that the Department of Health and Community Services must provide funding sufficient to eliminate the waitlist for applied behavioural analysis for all autistic children in the province. Gladys Vivian, executive director of the province's human-rights commission, told globeandmail.com that the waiting list is approximately 15 children at a time. She said the commission's decision further orders the health department not to cut money for programs for children with autism. The adjudicator also noted in her decision: "As to the respondent's suggestion that a reduction in services to autistic children may be required to comply with an order to eliminate the waitlist, the board wishes to make it perfectly clear that this order contemplates further funding to the autistic program as it is presently offered; this order does not contemplate a reduction in the present service as it is now delivered to autistic children." Ms. Marshall ordered the health department to pay Brandon $3,000 in general damages. Ms. Marshall also said that her decision did not mean that all waiting lists for medical services in the province are discriminatory. The Department of Health and Community Services has 30 days to either comply with the decision or to appeal, Ms. Vivian said.
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