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Freeing Teresa

Freeing Teresa

A True Story about My Sister and Me — by Franke James

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Interviews

Activism begins at home

November 18, 2024 by Franke James

Split image: Pushing for Change logo of a winged grinning skull was designed by Kevin Brown opposite activist sisters Franke James holding their framed Human Relations Gold award and Teresa Heartchild with the orange book Freeing Teresa

My thought today is that activism begins at home! We may think activism is all about crowds marching in the streets with placards waving and megaphones blaring. But the first opportunity is at home with our families.

In our private decision-making, when nothing is public yet, threats to civil and human rights can happen too easily. Ask yourself, would you stand up to your family to protect your sibling’s right to be different? To be Gay or Transexual or Disabled—and free to make their own choices?

My sister Teresa and I were honoured to appear on Cruisin’ Cripples podcast, Pushing for Change, to talk about activism. But sadly, speaking up to our own family wasn’t enough. I had to take action to protect Teresa—which is what my memoir Freeing Teresa is all about.

On Family Activism

An excerpt from my podcast interview with host Kevin Brown:

K.B.: It’s an amazing story… You had already agreed that you were going to take your sister in. Why do you think that was not a viable option for your siblings?

FJ.: Well, I think there are two things. There were power issues. My sister, Deirdre (pseudonym), was older than me, and who was this young sibling who was saying, no, it’s not going to work… And there was a whole group of people surrounding Teresa who said that she had to go into a nursing home. And the other reason was it was a free ticket for life. Teresa would’ve had her healthcare and room and board covered. But at what cost? It was so limiting to be in an institution. I was just horrified.

K.B.: Certainly… So, I know Teresa is not the only one who has experienced something similar. So what is the alternative? If someone can’t care for them, they go into an institution.

“There are many options.”

FJ.: There are many people with Down syndrome (which Teresa has) who are helped by the system to live in the community… The Canadian Charter says that we’re all equal. The UN Convention on the Rights of People with Disabilities says they have the right to live in places of their choice. And yet Teresa wasn’t given that choice. Initially, I thought that Teresa was the lone exception being pushed off to a nursing home. And over the years, I’ve learned that there are many thousands of “Teresas” across Canada and the U.S.A., and even worldwide. The UN calls it a massive human rights violation.

Activism in action: Getting the government apology

K.B.: I know you had a Change.org petition and got an apology letter.

FJ.: Yes. But let me tell you about that activism… On March 21st, Teresa launched the Change.org petition, calling for human rights to be respected and the government to say sorry, and we got an outpouring of support, 25,000 people. Lovely comments. Wonderful. If anybody is ever in a position to sign one of these petitions, please do. It makes an enormous difference.

Teresa's Change.org petition launched on Mar 21,2014 which is World Down Syndrome Day. In the video Teresa tells how the government took away her right to decide where she lived, and put her into a nursing home. Teresa asked the government to say sorry because it was wrong.

Unfortunately, the government didn’t pay attention in 2014. So even though we got so many signatures, it took another two years of activist campaigning and more media attention to put their feet to the fire and get the Ontario Minister of Health to apologize to Teresa on TV on her birthday, July 22nd, 2016.

K.B.: Well, if one could ask for a birthday gift, that would be the highest of gifts received.

The Minister’s apology on TV in 2016

Global News shone the spotlight on Teresa. The driving force for this written apology came from Global News. Journalist Christina Stevens was determined to get answers on how this travesty happened to Teresa.

Stevens did a two-part news story about Teresa: “Ontario woman forced into long-term care wants apology from provincial government.” She did some remarkable digging to find out how many other people with developmental disabilities are in long-term care. She discovered that Teresa is just the tip of the iceberg. There are more than 2,900 “Teresas” living in Ontario long-term care facilities.

Stevens pressed Minister Hoskins for an apology for Teresa. Minister Hoskins sent a statement that was aired on Global News on July 22, 2016: “I would like to apologize to Ms. Pocock and her family for her being placed in a seniors residence…”

Teresa’s Activism resulted in an official letter!

Teresa's handwritten letter opposite the Ontario Minister's letter of apology. Teresa Heartchild's letter to Minister Hoskins Sept 23, 2016: Dear Minister Dr. Hoskins, It was nice that you apologized on TV for putting me into a nursing home. But it's weird that you have not sent me the apology in writing. Did you forget? Please send me a letter. I did not want to live in a nursing home. I am capable. I am an artist and a poet. My book is “Pretty Amazing” and totally amazing. Sincerely,Teresa Heartchild. | Minister Hoskins Letter - Dear Ms. Teresa: Thank you for writing to me and for sending me a copy of your delightful book, Pretty Amazing. I would like to apologize to you and your family for your unsatisfactory placement experience. Your sister, Ms. Franke James, also wrote to me on your behalf in February 2016. Her passion and commitment to your well-being is evident in the extensive materials she had prepared, as well as the photos she provided of you enjoying life in British Columbia. I can appreciate that your experience was challenging for you and your family. We continually strive to improve people's experience in Ontario's health care system to ensure that the right care is provided to Ontarians when and where they need it. Issues raised by your experience that your sister brought to my attention, as well as to the attention of the Select Committee on Developmental Services in January 2014, are very important. Thank you again for taking the time to write and for your wonderful gift. Yours sincerely,Dr Eric Hoskins, Minister

Listen to the full podcast on Spotify


Feedback: “Incredibly moving. A must-listen”

“I just finished listening to the episode featuring Franke James, and it was incredibly moving… This episode is a must-listen for anyone interested in human rights, family bonds, and the strength of the human spirit. Highly recommend!” S. H.

Filed Under: Interviews, News Tagged With: #audiobook, #downsyndrome, #freeingteresa, #memoir, franke-james, siblings

Q&A with Franke James

September 12, 2024 by Franke James

Franke James with her sister Teresa at the Inclusion BC 2024 conference, Nanaimo, BC
Franke James with her sister Teresa at the Inclusion BC 2024 conference, Nanaimo, BC

“Last month, I had the pleasure of reading Freeing Teresa by Franke James – a moving, emotional and powerful read about doing what’s right, no matter how difficult it may be. I’m so thrilled to be sharing a recent Q & A with Franke where she talks about Teresa, her books, and the hurdles she had to overcome to get this book published.” ~ Emily Quinn, A Quintillion Words

Emily Quinn’s interview with Franke James


In your own words, how would you describe Teresa? What is your favourite memory of her over the years?

FRANKE: There are so many! Here are just two memories. When Teresa was a toddler, I would tag along with my Mom and watch Teresa take personal training lessons. By age five, she was climbing the gym ropes. That was an eye-opening lesson for me that Teresa could accomplish amazing things with patience and perseverance. 

Teresa climbing the gym ropes, 1969. Photo by Teresa’s mother
Teresa climbing the gym ropes, 1969. Photo by Teresa’s mother

As an adult, one watershed moment was when Teresa did her Change.org video. Previously, as a person with Down syndrome, she was not given any respect to direct her own life. In the 2014 video, Teresa marches along confidently, saying that she is “a female with Down syndrome” and wants the government to “say sorry” for taking away her right to decide, and putting her in a nursing home. It made me proud to see Teresa speaking up for herself. Since then, I’ve had many glowing moments as I’ve watched her blossom as an artist, author, and self-advocate. Finally, she is free to be herself.

Teresa's Change.org petition video which launched on March 21, 2014
Teresa’s Change.org Petition Video, March 21, 2014.
Filmed in Victoria, B.C. by Billiam James

When did the idea of writing Freeing Teresa come to you? Were you experiencing a certain hurdle? Or did you always know you wanted to write about it one day?

FRANKE: Over a decade ago, I imagined that one day, I would write about what was happening to Teresa, my youngest sister. In 2013, all of my other siblings were intent on putting her into a nursing home. I was horrified and objected. However, one sister justified the group’s decision by saying that the government care agency had assessed Teresa, and taken away her right to choose where she lived. Another sister said Teresa was on the verge of Alzheimer’s. They all claimed she needed 24/7 care. I didn’t believe a word of it. Instead, I believed in Teresa. I saw her as being the same as she always was and enjoying life. 

Franke and Teresa in the Terry Fox event, 2011. Photo by Billiam James
Franke and Teresa in the Terry Fox event, 2011. Photo by Billiam James

Did you find it difficult writing about your family, specifically some of your siblings? Is there anything you regret?

FRANKE: I regret that we lost our family. It’s a terrible blow, but sadly that was the price for standing up to the group and freeing Teresa. It was challenging to tell this story, but the hurdles forced us to find creative solutions. Since my family still doesn’t want to talk about this misadventure, I’ve given my siblings pseudonyms and whited out their images in photos. Also, Teresa is using a Pen name. These techniques have given me the freedom to tell this story and also gave a distinctive look to the book.

Bill and Franke host a summer dinner party for two of her sisters and their spouses in 2013.  Photo by Franke James
Bill and Franke host a summer dinner party for two of her sisters and their spouses in 2013. Photo by Franke James 

People have come up to me after my book talks, and confided that they know a young person who has been put in a nursing home. This growing awareness is so important. The statistics show that Teresa is the tip of the iceberg. She is just one of many to have experienced forced care. It is happening to people with disabilities around the world. Nursing homes have become the new Institutions. 

Franke James led a panel called, “The Quiet Reinstitutionalization: Young People with Disabilities in Long-term Care.” Inclusion BC 2024 conference
Franke James led a panel called, “The Quiet Reinstitutionalization: Young People with Disabilities in Long-term Care.” Inclusion BC 2024 conference

Did you give your siblings advance warning of this book?

FRANKE: Yes, I gave them over ten years warning! Ample time for them to apologize to Teresa. But there’s been no apology yet. Of course, they also told me they’d never read my book. In 2013, on the same day we rescued Teresa, I told my sister, Siobhan, “If you block us on this, we will be taking this public. We’re going to go to all the different advocacy organizations. And we are going to make a really big deal of this. Because this is not right.”

Unfortunately they did block me, which I’ll talk about in the next book. Four days after we rescued Teresa, armed policemen came to my door to take Teresa back to the nursing home. Holey Moley, it was a very scary time. Fortunately, with legal help and documentation, we were able to assert Teresa’s right to stay with us.

How long did it take you to write Freeing Teresa, including writing, editing, any research and sourcing photographs?

FRANKE: A long time! In the actual moment, I made a record of the events that were swirling around me. (I learned this from my work on www.officepolitics.com.) I wanted to make sense of what was happening. But, as it turned out, all my emails, journals, photos, videos, and audio recordings, have become essential material for my book.

In 2020, when Covid hit, I started to write Freeing Teresa in earnest. Luckily, my husband, Billiam James, came on-board as the co-author, and we worked together to get the book written and published. Every week we’d sit on a park bench overlooking Lost Lagoon, in Stanley Park, and read a chapter to each other. It was fun and improved each chapter immensely. We published the print book in October 2023.


What is your favourite book? Is there a specific author or person who inspired you?

FRANKE: If I can only pick one book, I would say it has to be ENTWINED by Joyce Scott, published in 2016. Remarkably, Joyce rescued her twin sister, Judith, from an institution where she’d lived for 35 years. Their story was very inspirational to me, coming three years after Teresa came to live with me and my husband. Joyce’s book Entwined has some parallels to Freeing Teresa in that we’re both authors who have written memoirs about our sister’s with Down syndrome. Both of our sisters were trapped in the “care system” and we helped them get out. And both our sisters turned to art to express themselves. Judith Scott became a famous fibre artist and her art now hangs in the MoMA. It is a fascinating heart-warming story!


If you could tell a past version of yourself some advice for the future, what would it be?

FRANKE: Well, it could be something my mother tried to teach me when I was a cocky teenager, but I didn’t fully appreciate at the time. I used it in a dedication to my Dear Office-Politics book. I think she was very wise.

“Read between the lines.
Never take people at face value.
Listen to what people say, but watch what they do.

Put yourself in the other person’s shoes.
Never feel sorry for yourself.”


Tell us about your previous books and what you’re currently working on.

FRANKE: Since 2009, I’ve published three other books. They are all very different—and yet they were essential training for Freeing Teresa. Bothered by My Green Conscience taught me how to fight City Hall and win. Dear Office-Politics taught me to practice making ethical decisions—so I wouldn’t get run over by an ethical dilemma. And Banned on the Hill taught me many things, but how to use F.O.I. tools to dig for evidence was so helpful in Teresa’s case.

Our latest exciting news is that we have just published the audiobook for Freeing Teresa! It features a full cast of over a dozen actors, including Jackie Blackmore, Dayleigh Nelson, and Lauren Potter (of GLEE fame). Two of the actors have intellectual disabilities, which means we have “authentic representation” — something that is very important to me. It was a very ambitious dream to do the audiobook — and a full-cast one at that! Now the audiobook elevates my memoir to a whole new level. The full-cast of actors brings our true story to life in dramatic and exciting ways. I’m so happy we had the courage to do it.

Advertisement for Screen International Magazine, September 2024 with video image of Franke James during the rescue on Nov 30, 2013 and Teresa sitting the nursing home bed, blowing a whistle
Advertisement for Screen International Magazine, September 2024
Is there any advice you would give to a person with Down syndrome or anyone who cares for them?

FRANKE: Dream big! Assume that you can do anything you set your mind to! That’s good advice for the person with Down syndrome and also for the people who support them. If we have positive expectations for people with Down syndrome, we’ll give them abundant opportunities throughout their lives. And amazingly, these positive assumptions can become reality, like they have for Teresa Heartchild who was named a Champion for Change by B.C.’s Human Rights Commissioner.

Teresa's Video asserting that people should assume that she can do something
Franke’s post: https://freeingteresa.com/assume-that-i-can/
About the author

The spark for Franke James’ newest book, “Freeing Teresa,” was lit ten years ago. In 2013, Franke and her husband, Billiam James, helped her younger sister get out of a Toronto nursing home, regain her decision-making rights, and get a public apology from the Ontario Minister of Health.

Earlier that same year, Franke had published Banned on the Hill, which led to her winning the BC Civil Liberties Award for Excellence in the Arts in 2014. Her related poster campaign, “Do Not Talk About Climate Change,” appeared in three Canadian cities and Washington, DC. In 2015, Franke was awarded PEN Canada’s Ken Filkow Prize for “tenacity in uncovering an abuse of power and commitment to fostering a national conversation in the face of censorship.” Franke lives in Vancouver, BC, with her husband and her sister, Teresa.

Filed Under: Interviews, News Tagged With: #downsyndrome, #freeingteresa, #memoir, #teresaheartchild, franke-james, siblings

Redraw Your Path interviews Franke James

September 9, 2024 by Franke James


Exciting announcement! I had the opportunity to share my story on Redraw Your Path, a podcast hosted by Lynn Debilzen! We talk about how dreaming big helped inspire and transform us all!

Dream Big About What Could Be | Franke James

We covered a lot of territory in the interview. From my being an artist and activist to becoming a disability rights advocate for my sister. We talked about how defending Teresa caused me to redraw my path in a BIG way. And we talked about overcoming obstacles and finding the strength to withstand group pressure.

And we also chatted about the reality that ethical decisions can sometimes come between ourselves and family relationships.

I’m sure you’ve redrawn your OWN path many times over the years. Let me know how you’ve done it and what resonated with you on hearing about my experiences!

#redrawyourpath #freeingteresa

Tune in to Redraw your Path

Find it on YouTube or Spotify!

I invite you to listen to my episode. You’ll learn more about my personal story and the turns I’ve taken on my unique path. You’ll also hear some of my messiness: the fear, and reframing will give you a real glimpse into each turn. 

Franke James on Life, Awards, Books and Speaking Up!


‌“Nobody really knows what life will throw at them. And how they’ll change as a result,” says Franke James. She is an activist, an artist and an author. She’s fought City Hall to build a green driveway (and won). Been blacklisted by the Canadian Government for her climate change art—and turned the government’s silencing into international news. Her latest book, Freeing Teresa, is about choosing her sister’s freedom over her family. Franke helped her younger sister get out of a nursing home. Then all hell broke loose. They had to stand together—against their siblings, the medical system, and the police—to defend the right to be free.

Franke and her husband, Billiam James, helped Teresa regain her decision-making rights and get a public apology from the Ontario Minister of Health. Midwest Book Review said, “The result is more than a memoir: it’s a testimony to how ‘tickets to freedom’ are gained through fighting and love.”

The memoir has received ten international awards from the Human Relations Indie Book Awards, the NABE Pinnacle Book Awards, and the Firebird Book Awards, including the Judges’ Pick prize.

In 2015, Franke won PEN Canada’s Ken Filkow Prize for her “tenacity in uncovering an abuse of power” and BCCLA’s Liberty Award for Excellence in the Arts in 2014.

For Franke, the diverse issues in her books Freeing Teresa, Banned on the Hill, Bothered by My Green Conscience, and Dear Office-Politics are all connected by the need to speak up and take action. She lives in Vancouver, BC, with her husband and her sister, Teresa.

#redrawyourpath #freeingteresa

Filed Under: Interviews

“Freeing Teresa” takes flight in Brockville

July 25, 2024 by Franke James

Franke James at Lost Lagoon in Vancouver raises her arms like she is about to take-off. She is wearing the same long, pastel dress as at the BDACI AGM and the type saying, "Welcome to the Annual General Meeting 2024" is superimposed over her. Photo by Billiam James

The stage was set. The mood was celebratory.

Many colourfully-dressed folks were mingling and chatting as they served themselves food and refreshments. There was a friendly buzz in the air. (It didn’t feel like any AGM’s I’d ever been to!) A semicircle of elegant black-striped tables, with hot pink flowers in white vases, surrounded the stage in a church hall in Brockville, Ontario. And to my surprise, at each place setting lay a copy of Freeing Teresa, with its distinctive orange cover.

Freeing Teresa vertical orange book cover and beside it the orange book lying flat on the tables at BDACI's AGM

The chance to speak at BDACI’s AGM had come up unexpectedly. The Executive Director, Kimberley Gavan, heard us (Teresa, Bill, and me) speak on a webinar for Community Living Ontario—and she quickly reached out, asking us to share the story about Teresa’s fight for inclusion.

Franke James presentation to Community Living Ontario shows Teresa's Assume That I Can

Their vision was right in sync with ours!

Family members of people with an intellectual disability founded Brockville and District Association for Community Involvement (BDACI) in 1956! Its overarching purpose was to “inspire new possibilities for people by supporting their learning of new skills, employment, housing, forming and development of relationships, and also by spreading a message of community and inclusion.”

Yeah! It was so aligned with my thinking and values that I quickly accepted the invitation to speak at BDACI’s AGM!

But the universe laughed: “Not so fast!”

Three weeks before the big event, I tripped. And hit the ground hard. (I didn’t know that a fall could hurt so much.) An ambulance took me to the hospital. X-rays confirmed that I had dislocated my shoulder. The doctors did an emergency adjustment and put things back in place. I was greatly relieved that I had not broken any bones. But also dismayed that the healing process is painful and takes months.

So I called BDACI with the bad news! Reluctantly, I told them that I couldn’t make their AGM in person. They were understanding. The journey from Vancouver, BC, to Brockville, Ontario, is a long one—over forty-five hundred kilometres.

Change plans. Reverse direction!

Nevertheless, inside I was quietly kicking myself. I was disappointed. I knew I was missing a great opportunity to share our story—one that I’d dreamt of for over ten years. Surely I could make the trip, somehow! My shoulder was still painful but missing the event made me feel worse.

With only a week to spare, I decided that my banged-up shoulder wasn’t going to stop me. I would shoulder on (pun intended). I emailed BDACI that I would be there to speak in person. They were thrilled. With the help of a pink cane and some air-flight disability services, I could make the trip. (The timing was too rushed for Teresa and Bill, so I went solo.)

Phot of Teresa running in 2011 at the Terry Fox event in Toronto

I was ready to fly!

The big moment arrived. A BDACI staffer kindly lent me their arm to climb the stairs onto the stage. And then I looked out at the audience, and I was glad that I’d made the trip. This felt like a community celebrating their long friendships and deep bonds. There were people with intellectual disabilities, their parents, their siblings, and many support workers.

As I told Teresa’s roller coaster story, I could feel the audience’s reaction, which rose and fell hearing the struggle Teresa went through. Everyone lit up when Teresa got her freedom back. And then, audibly gasped when the police came with a Missing Person order to take her back to the nursing home.

Towards the end of my story, I found myself getting teary. This was a moving experience for me. My voice quavered as I told the audience of our big decision to leave our home and buy one-way tickets to the other side of the country.

Teresa and World Down Syndrome Day

When we landed in British Columbia on March 1, 2014, one of Teresa’s first actions as a self-advocate was to launch a petition on March 21st, 2014—a very significant day as it marks the international World Down Syndrome Day. In the petition video, Teresa asked the government to say sorry for putting her in a nursing home! She walked along with a confident stride, saying that she’s a female, and she’s got Down syndrome and she doesn’t want to be in a nursing home. The video is beautiful. Thankfully 25,000 people thought so too, and signed the petition. There was a huge outpouring of support for Teresa and her plight. But that wasn’t enough for the Ontario government. It took another two years (and a major campaign) before Teresa got a government apology.

I showed our new trailer for the Freeing Teresa audiobook.


As I looked out at the crowd, I knew that many of them have faced (or will face) the same difficult dilemma my family faced: “Where will my loved one with an intellectual disability live?”

And I knew that sparking that conversation was why I was there.

I managed to get off the stage without crying.

Then the crowd stood up and started clapping! And clapping. Wow! It was a standing ovation. Their applause buoyed my spirits. I was so glad I was there in person. I felt grateful to everyone present for listening and giving me a chance to share our story.

“Truly inspiring! Franke James’ presentation left a profound impact. Her presentation was a reminder of the power of storytelling and its ability to ignite change and uplift spirits.” Kimberley Gavan, Executive Director, BDACI

Filed Under: Interviews

“It’s My Decision”

May 18, 2024 by Franke James

Teresa Heartchild at age 13 in a still from the documentary Exploding the Myth aired in 1979 shows Teresa writing in her notebook. She is white and has long brown hair and glasses. She has Down syndrome. Images and text used with permission from Community Living Ontario
Teresa Heartchild in the TV documentary, Exploding the Myth in 1979

Webinar: Protecting the Rights of People with Intellectual Disabilities

The story behind Teresa’s and my involvement in Community Living Ontario’s webinar goes back forty-five years to 1979 when the documentary Exploding the Myth aired across Canada—with Teresa in it. The film was produced by Community Living Ontario, which is hosting this webinar now!

TV listing ad for “Exploding the Myth” features thirteen-year-old Teresa wearing glasses and holding an exercise ball in her arms. Teresa looks at the camera with an expression of curiosity and wonder. Her lips are parted as though she’s about to speak. The ad text said, “Exploding the Myth. Thirteen-year-old Teresa [redacted surname] plays an important role in Exploding the Myth, a documentary special which explores the attitudes of a significant portion of the general public toward those who are mentally handicapped. Images and text used with permission from Community Living Ontario.

Exploding the Myth’s goal was to debunk false myths and expose pervasive negative social attitudes that limited the inclusion of people with intellectual disabilities. Teresa starred in the documentary to show how inclusion worked.

Teresa proved that the myths were false

“Myth: The intellectually disabled should be segregated in institutions. It’s best for them.” (Teresa lived at home.)
“Myth: Children with intellectual disabilities should not mix with normal children.” (Teresa went to the same girls’ school I went to.)
“Myth: People with intellectual disabilities are strictly limited in what they can do.” (Teresa was breaking barriers and starring as a role model for social inclusion.)

Teresa Heartchild at 13, doing her Swedish Ball routine in the documentary Exploding the Myth. She is wearing a white sweater and black pants. Images and text used with permission from Community Living Ontario
Exploding the Myth: Teresa, at 13, performs a Swedish ball gym routine.

Teresa’s happy lifestyle flew in the face of all the myths. She was living a normal life for a girl her age—which was a revolutionary act for people with intellectual disabilities. However, the myths still lingered and caused harm. There were 4,000 names on the waiting list in Ontario!

My parents were part of the deinstitutionalization wave in the 1960s

My parents were interviewed about their decision to raise Teresa at home. As Teresa bounced the exercise ball on camera, we hear my father’s voice—a time capsule from the past: “When Teresa was born, we had quite a number of questions . . . And we didn’t like the answers.” They said they would give her all the love and opportunities that their other six kids (including me) enjoyed.

Why our May 23, 2024 webinar is essential now!

Today, Teresa shows the importance of inclusion, but with a scary twist. In 2013, after living in the community for 49 years, Teresa was put into a nursing home against her will. Teresa didn’t want to live there and had to fight for her right to live in the community—a civil right that most people take for granted. (My memoir, Freeing Teresa: A True Story about My Sister and Me, goes into detail.) We’ll be explaining how we helped Teresa get out of forced care and regain her decision-making rights.

Stephanie Dickson, from PooranLaw, will talk about protecting the rights of people with intellectual disabilities—and how to increase their sense of control over their own lives. She will explain the drawbacks of guardianship and alternatives to it. The panel will discuss the dangers of capacity assessments and a person’s right to say, “No, thank you.” We’ll discuss these big questions: Why is “Nothing about us without us” critically important? How can we best support people during life transitions? How can we encourage people with intellectual disabilities to express their own choices? What do they want in their life?

How to protect rights and increase control for people with intellectual disabilities: a webinar by Community Living Ontario.

Join us and Community Living Ontario. Register for the Zoom webinar here: https://bit.ly/ProtectingRightsandIncreasingContro

Community Living Ontario Event poster for webinar: Protecting Rights and Increasing Control. Featured are the three webinar speakers: Stephanie Dickson, Partner, PooranLaw, Franke James and Teresa Heartchild, Authors of Freeing Teresa: A True Story about My Sister and Me. Descriptions: Stephanie Dickson is a white woman with long, blonde hair. She is wearing a black blazer. Teresa Heartchild is a white woman with Down syndrome, pink glasses and brown hair. She is wearing a blue cap on backwards. Franke James is a white woman with mid-length blonde hair. She is wearing a black hat and black blazer.

Date & Time: May 23, 2024, 09:00 AM  Pacific Time, 12 noon Eastern

Speakers:

  • Stephanie Dickson (Partner, PooranLaw)
  • Franke James and Teresa Heartchild (Authors of Freeing Teresa: A True Story about My Sister and Me)
  • Nicole Flynn (President, Council of CLO)

Filed Under: Interviews Tagged With: #downsyndrome, #freeingteresa, #memoir, #teresaheartchild, civil rights, franke-james

My sister was sent to a nursing home against her will

May 17, 2024 by Franke James

Teresa Heartchild at the 2020 Inclusion BC retreat for people with developmental disabilities and their families to learn about rights. Teresa is smiling at the camera and holding her badge up. She is a white woman with Down syndrome wearing round wire glasses, a grey down vest, a tie-dye sweatshirt, and a backwards ball cap. Photo by Franke James
Vancouver artist and self-advocate Teresa Heartchild at Inclusion BC’s planning retreat at Loon Lake, B.C. in February 2020.

We fought and won, but thousands of others aren’t so lucky


By Franke James

My sister’s life was written off ten years ago with the stroke of a pen—just like thousands of others with developmental disabilities.

Teresa has Down syndrome, and she was 49 when the capacity assessment took place in Ontario.

I saw her as happy, healthy and active, enjoying living nearby with my 91-year-old father, who often said, “We’re a team. We help each other.”

But that’s not how the social worker saw her.  

Teresa did not say, “No”

Teresa didn’t understand what the assessment was for, and according to the records, she did not agree to be tested. But, she did not say, “No.” So the social worker asked her about her “activities of daily living.” When Teresa said that she could shower and dress herself, he concluded that her claims of independence were evidence of her “cognitive deterioration.” Others had told him she couldn’t do these things. Then, he ticked the “not capable” box on his form.

Teresa immediately lost her right to decide where she lived.

When I first heard this, I was shocked. What about her human rights? Wasn’t her right to live in the community protected by the Charter or the UN? Article 19 of the UN Committee on the Rights of Persons with Disabilities states that persons with disabilities have the right to live in the community, have the right to choose where they reside, and should not be isolated or segregated. And yet, these declarations didn’t protect Teresa.

Human rights violation on a massive global scale

Three years after Teresa’s assessment, a news exposé revealed that 2,900 young people with developmental disabilities were in nursing homes in Ontario.

Across the border, Disability Rights New Jersey reported in 2023 that more than 2,000 young people with developmental disabilities were in the state’s long-term care “contrary to their wishes … because the state does not properly evaluate their needs.” Just like Teresa.

Last year, the Premier of Nova Scotia apologized to citizens with disabilities for the “historic, systemic discrimination” which denied them the right to decide where they lived. The UN’s Special Rapporteur, Catalina Devandas-Aguilar, wrote, “the deprivation of liberty on the basis of disability is a human rights violation on a massive global scale.” This injustice is widespread but few people know about it.

Nursing homes have quietly become dumping grounds for people with developmental disabilities.

Teresa’s plight is just like thousands of others

Imagine how it is for thousands like Teresa. Since she had lost her right to decide where she lived, Ontario’s care agencies and two of our siblings decided for her. Teresa was admitted as a “crisis placement” to a nursing home—despite my offers to have her live with me. She was shocked. I was horrified. And our father, her primary caregiver, was heartbroken. Teresa was trapped, unable to get out without external help.

I heard many excuses: There aren’t enough group homes! Teresa’s been on the waitlist for five years! A bed in a nursing home is not great, but it’s not terrible. The government will pay for everything! Paired with the unspoken assumption, What kind of future will she have anyway?

Four days after Teresa was put in, I went to the nursing home with my father, who signed her discharge, and Teresa was released “against medical advice.” Teresa moved in with me the next day.

Ontario’s system failed Teresa

I was appalled that the system had failed Teresa. I wanted Ontario politicians to hear her story and make sure it didn’t happen to anyone else. Two months later, Teresa and I appeared before Ontario’s Select Committee on Developmental Services. They were conducting hearings around the province. We told Teresa’s story by weaving her pictures and health records together. I said, “Teresa is an active, strong-willed and able-bodied adult. Teresa should never have been admitted to a nursing home.” 

At the end of our testimony, the vice-chair and then-MPP Christine Elliott said to me, “I think I can speak for all of us on the committee when I say that this is a truly shocking story that you have told us today.”

“Long-term care homes are pressured…”

The committee’s final report, published July 22, 2014, said: “Long-term care homes are pressured to accommodate young and middle-aged people with developmental disabilities without any medical need for this type of care or any training to support this group of clients.”

It has been 10 years since Teresa was discharged, and she is thriving. Her artwork is now on a T-shirt celebrating World Down Syndrome Day 2024.

The system bungled Teresa’s assessment

The system bungled Teresa’s assessment, and she narrowly escaped. But Teresa fought back and got her rights restored. In 2014, on World Down Syndrome Day, Teresa said, “It’s my human right to decide where I live.” She asked the government to “say sorry.” Two years later, Ontario’s Minister of Health publicly apologized to Teresa.

Despite sounding the alarm 10 years ago, thousands of young people with developmental disabilities are in nursing homes today, and more are being funneled in. That’s not fair. Nursing homes aren’t intended for people who have decades of life left.

Most vulnerable people, including those with developmental disabilities, can’t fight back against a system of forced care. Existing laws are not preventing this tragedy. We need education about ableism to change social attitudes and be genuinely inclusive.

Franke James is an award-winning activist, artist, and the author of ‘Freeing Teresa: A True Story about My Sister and Me.’ She lives in Vancouver, B.C., with her husband and her sister, Teresa.

Filed Under: Interviews, News Tagged With: #caregiving, #downsyndrome, #freeingteresa, #memoir, #teresaheartchild, civil rights, franke-james, siblings

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