Posts Tagged ‘lleriche@leg.state.vt.us

12
Oct
11

Vermont Commissioner: Dr. Susan Wehry, Prescribes Abuse

I received a phone call from my son on October 3rd at 5 p.m.  He said “Mom they just came in and told me to put some clothes in a bag because I’m being taken somewhere,  and they won’t tell me where”.  This Agency did take my son away.  Under orders of the Commissioner of the Department of Aging and Independent Living, Dr Susan Wehry, my son was taken to a house and forced to sleep on springs covered by a thin layer of fabric.

The next day when I went to the house where my son was supposed to be with a memory foam mattress, I was told he wasn’t there and he wouldn’t be returning.  I had no idea where my son was or where he was being taken.  I packed Bills things up and left.  I received a call from Bill saying he was being taken to Dirby Vermont, but nobody would tell him the address or who he would be staying with.

I drove to meet the worker we’ll call Wheels, because that’s how he described himself to the Hardwick Police Department the night before, saying, “I know nothing, I’m just wheels”.  I met Wheels on the side of the road, as you can see in the video, he wouldn’t tell me where he was taking Bill.  The worker was so “bothered” by Bill’s family wanting to know where Bill was being taken that he drove off leaving Bill on the side of the road.

Bill was left on the side of the road so we decided to go to the St Johnsbury Police Department and let them know that Bill was with me, not because we fled but because his worker had “eloped” (as they like to put it).  After talking with the St Johnsbury Police, realizing Bill had not eaten all day, we went to a restaurant and I bought him dinner.  Three hours after leaving him on the side of the road a Human Services Worker called to tell me if they didn’t get Bill back they’d call the police.

That evening Bill Bennett was taken to an address in Dirby Vermont.  I was eventually told the name of the person he was going to stay with, Barbara McGee.  But once again I wouldn’t be allowed to inspect the placement.  (These Videos Tell You Why)

 The following day I received a call from Bill, he was distraught.  He said the bedroom and the bathroom were disgusting.  The bedroom floor was littered with cigarette butts, leaves and dirt.  The bathroom was covered with someone’s hair, urine, dirt and feces as you can see in the videos.  The woman who owns this house is the mother- in -law of Bill’s Case Manager, don’t tell me she doesn’t know what she’s done.

When I was allowed to pick Bill up for 24 hours on Saturday, he hadn’t showered in five days.  Not because he’s a slob, but because he wasn’t given any towels or soap.  Even if he had been he said there was no way he was going into that bathroom without shoes on.  Bill has thoroughly documented the disgusting conditions which Dr. Susan Wehry, the Commissioner of The Department of Aging and Disability has personally forced him into.   Bill was forced to clean this disgusting filth.

My son has been taken to several locations in one week, he’s not told where he’s going or who he’ll be with.  He’s stuffed into a car and taken.  “Stuffing” is a term used by the clients of Northeast Kingdom Human Services.  “They moved me around like a ketchup bottle” as Bruce Wilson would say.

Human Services Of Vermont does what our Government rails against other Governments for doing to their citizens.  As my sons Legal Guardian I hold The Governor of this state responsible.

Dr. Susan Wehry, a medical doctor has taken an oath to do no harm.  Yet she is forcing my son to sleep on springs and live in filth.  She has treated him worse than a dog.  Bill Bennett, my son hasn’t  had his inhaler in a week.   He has repeatedly told the Commissioner’s minions he needs it but still he is without it.   And I, Bill’s Mother and Legal, Court Appointed Guardian “hah” am being prevented by the Commissioner from fulfilling my responsibilities as a mother, a guardian and a a decent human being.  Commissioner Dr. Susan Wehry, should remember her oath as an M.D.

I swear to fulfill, to the best of my ability and judgment, this covenant:

I will respect the hard-won scientific gains of those physicians in whose steps I walk, and gladly share such knowledge as is mine with those who are to follow.

I will apply, for the benefit of the sick, all measures [that] are required, avoiding those twin traps of overtreatment and therapeutic nihilism.

I will remember that there is art to medicine as well as science, and that warmth, sympathy, and understanding may outweigh the surgeon’s knife or the chemist’s drug.

I will not be ashamed to say “I know not”, nor will I fail to call in my colleagues when the skills of another are needed for a patient’s recovery.

I will respect the privacy of my patients, for their problems are not disclosed to me that the world may know. Most especially must I tread with care in matters of life and death. If it is given to me to save a life, all thanks. But it may also be within my power to take a life; this awesome responsibility must be faced with great humbleness and awareness of my own frailty. Above all, I must not play at God.

I will remember that I do not treat a fever chart, a cancerous growth, but a sick human being, whose illness may affect the person’s family and economic stability. My responsibility includes these related problems, if I am to care adequately for the sick.

I will prevent disease whenever I can, for prevention is preferable to cure.

I will remember that I remain a member of society with special obligations to all my fellow human beings, those sound of mind and body as well as the infirm.

If I do not violate this oath, may I enjoy life and art, respected while I live and remembered with affection thereafter. May I always act so as to preserve the finest traditions of my calling and may I long experience the joy of healing those who seek my help.

Dr. Susan Wehry has violated every one of these promises.  My son’s physician and psychologist abide by this oath.  Everything this Commissioner does is observed by her peers.  This is not an ethical woman.

The Governor of the State of Vermont, Peter Shumlin and the Secretary of Human Services, Douglas Racine have facilitated this abuse through their refusal to address what has been reported to them and highly reported on and documented over several administrations.  Governor Shumlin, you should be ashamed and disgraced to have this going on in your State.

Governor, you are spending the tax dollars of hard-working Vermonters to fund and cover up Abuse of Disabled People.  If you can stomach the truth, watch the videos.  My son voted for you! It’s time for you to do what he put you in office to do.  Investigate and end the Abuses of the Safe Choices Program of North East Kingdom Human Services! Before It’s to late.

08
Jul
11

Supervisor at NKHS comes forward with the truth, Will Secretary Douglas Racine Intervene

Rick Devost may not see himself as a “whistle blower” but when someone witnesses injustice and they have a lot to lose by speaking out, I consider them a whistle blower.  Will Secretary of Human Services Douglas Racine respond?

On Tuesday the 5th of July 2011, Rick Devost a supervisor of case managers at Northeast Kingdom Human Services, Safe Choices Program put me on speaker phone with William (Bill)  Bennett in his office for a conversation which could cost him his job but allow him to live with himself.  He said he  had some things he wanted to say to me and that he wanted Bill to hear as well.

I braced myself not knowing what to  expect.

He told me that he respects me and what I’m doing for my son, that I have always treated him with respect, courtesy and professionalism and that he would tell that to anyone because it’s the truth.

Rick had been on vacation the previous week and was reviewing the emails exchanged  between Kathy Aiken (his supervisor) and myself. Rick made the following comments about Kathy Aiken’s responses to my questions,  “I don’t understand her tone in the emails or her lack of cooperation, she could have easily answered your questions and I don’t understand why she didn’t”.  Before going on vacation Rick said he arranged for the services and supports Bill is supposed to be provided but Kathy being in charge of scheduling while he was awa,y undid the arrangements.  He said  “Her anger is getting in the way” .

He brought up the previous team meeting and Kathy’s hostile confrontational attitude.  He said he had spoken with Dixie McFarland, Kathy’s supervisor and that he would be bringing the latest actions up again in a meeting with the three of them.  When I asked him why if everyone is aware that Kathy is obstructing  Bill’s treatment why she’s the only one corresponding with me.  He sated “because she as Program Director is ultimately responsible”.  I interpret this to mean that their letting her hang herself.  And I can tell you, she has tied her own noose and tightens it with every venomous word out of her mouth.  Having dished out,  for over a decade, verbal and emotional abuse to disabled men )paid for by the State of Vermont) she is now acting out of desperation.  Kathy Aiken along with Saul Schoenberg, (owner of the “Safe Choices” program) and contributors to the “Best Practices Manual” for Supervision and Treatment of Sex Offenders with Developmental Disabilities are clearly culpable if the accusations I’ve made, can be proven, and they can.

With Bill sitting right there in his office Rick said “I see a great deal of positive growth in Bill and credit 100% of that growth to you”, meaning me, Bill’s mother and fierce advocate.  He thanked me for bringing this all forward because he entered this profession to help people and that a change needs to happen. He assured me that behind the scenes it’s happening, even if I don’t yet see it.

He also said “I don’t feel Bill is a danger” and that he hopes soon Bill will be able to move on into a much more independent life, and that Bill should be getting the supports he needs to acquire independent living skills.  Rick Devost showed compassion and concern for Bill and referred to him as a victim.

I asked him if he would put this in writing because it means nothing if it isn’t said to the people who are making the decision.  He assured me that he is a man of his word and he will stand behind his statements and bring this to his superiors.  He said he would either be taken seriously, transferred off Bill’s case or fired altogether but he was prepared for any consequence, saying “I need to be able to sleep at night”.

I phoned Rick the next day to reaffirm his statement and check in to see if he would retract it.  I asked him if the attorney from NKHS was aware of the content of our conversation, he said he hadn’t spoken to the attorney.  I stated to him that I am interpreting his comments to mean that Kathy Aiken is obstructing Bill’s treatment and he affirmed that was an accurate interpretation.  I asked if he would be willing to speak to a reporter and he said he needed to address the issue directly with his and Kathy’s superiors.  I told him that I will be bringing his comments to the public and he said and I quote “you need to do what is best for your son, I am a man of my word and stand behind my statements to you”.

Bill and I have been so confounded by NKHS’s actions over the last four months we haven’t even been able to determine who the case manager is so I asked Rick who Bill’s case manager is, he replied that technically it’s Tammy Crowe, I replied “but she hasn’t participated in any of the meetings, the Individual Support agreement or anything”.  Rick Devost said that Kathy Aiken is acting as case manager (ultimately accountable).  I responded, “if she’s the case manager and as you said acting as an obstructionist how are we to accomplish any of the things Bill needs”?  He said he didn’t know, that all he could do is bring it to his superiors and hope they handle it appropriately.

I said to Rick, what I’m hearing you say is that I’m on my own and his reply was “you’ve been on your own the whole time”.  To that I thanked him for trying and that I would wait to hear, or see what the result would be.

My prediction is that the attorney from NKHS will shut him down.  Another one bites the dust.  

Bill and I will persevere, I’m the driving force out here, but Bill is in the line of fire.  He maintains his sanity, compassion and dignity against evil corrupt minions interested in profit and power.

Tracy Gilman, proud mother

03
Jul
11

Vermont Human Services Ignores Medicaid Fraud and Abuse

Disability Rights Vermont uncovered Medicaid fraud in an investigation of an assault on a disabled man by a “home care provider”. http://www.scribd.com/doc/56888199/Disability-Rights-Vermont-Investigation-into-Abuse-By-Home-Care-Providers

In the report the Sterling Area Agency, in Morrisville Vermont admits they knowingly put a contract into the name of a person not providing the service.  SAS also knowingly supported the contracted provider in not complying with the requirements laid out in her contract.  This has been reported to the Vermont Attorney General and they have said they are going to investigate.

The Vermont Agency of Human Services oversees this provider, has received a copy of the DRVT report but has taken no action on the fraud or the assault.  Earlier that day, I Tracy Gilman, the Legal Guardian and mother of Bill Bennett attempted to remove him from the placement due to concerns for his safety.  Vermont Human Services ordered him back to the placement just hours before the assault occurred.

The  DRVT report also concluded that:

The information provided by the contracted Home Care Provider, Wendy Demar and the assaulting “home care provider”  Wayne Demar were “strikingly” inconsistent.  Wayne Demar admits to following Bill to his bedroom and pushing him down on his bed but did not admit to holding him down.  Yet Wendy Demar state that Wayne admitted to her having pushed and held Bill down.

The two HCP’s also differed in their stories one saying that Bill was agitated upon arriving home and the other saying he was not.

The Home Care Provider did not comply with Bill’s Behavioral Support Plan, Crisis Response Plan or his SAS training.

The Home Care provider entered into Bill’s room to unnecessarily confront Bill within his own personal space.

That he forcibly placed Bill on the bed and held him there against his will.

That more likely than not the Home Care Provider acted in an effort to intimidate and place Bill in fear in order to reassert control and express his frustration over the days events.

The Home Care Provider did restrain Bill on the bed in a manner that was not appropriate pursuant to the Guidelines cited in Behavior Support Guidelines published by Vermont Human Services 2004 that prohibits under any circumstances, “restraints that have an individual lying on the ground or in a bed with a worker on top of the individual”.

Adult Protective Services apparently never interviewed either provider before making the determination that “No Abuse Occurred”.

William Bennett’s troubles with the state have been ongoing since he entered into services.  In 2005 he was set up by a home care provider who dropped him off at the Comfort Inn and Suites with a nineteen year old girl.  As a young man with a disability this was exactly the sort of “encounter” William wasn’t ready for and the guidelines clearly outlined in his support agreement made that clear.

The Agencies records clearly acknowledge “poor supervision L&L resulting.  Bill was then charged with Lewd and Lascivious conduct and “successfully” court ordered into the custody of Vermont Human Services.  Where he has been subject to years of Abuse and Neglect at the States Hands.

One can only conclude that the Agency will go to any lengths to avoid responsibility/liability for the actions of its minions.  The only avenue for Justice seems to be to sue the State of Vermont.

I have carefully documented the neglect and abuse against my son for many years and I can tell you there are so many fraudulent practices occurring at the area agencies that the counts of abuse and neglect won’t be counted on one hand.

I’m certain documentation is being created and destroyed by these agencies in an effort to erase all evidence and create new evidence.

Instead of addressing the abuses that have been reported Vermont Human Services has harrassed, intimidated and retaliated against me, costing me tens of thousands of dollars in legal fees to maintain my guardianship of my son,  to file motions for relief from abuse, motions to prohibit them from interference with his right to legal counsel.  They have attempted to intimidate me into signing releases of information without legal counsel.  They have  harrassed my son relentlessly, interference of his access to legal counsel.    They have isolated him from his whole family and have treated us like criminals forcing us to have our visits in parking lots supervised by unidentified staffers.  They have acted in an egregious manner in an attempt to break our spirits.

After repeatedly informing our Governor Peter Shumlin, Douglas Racin Secretary of Human Services, Dr Susan Wehry Commissioner of The Department of Aging and Independent Living of the abuses to no avail, I will be commencing a Hunger Strike one month from the fourth of July, 2011.  If this supposed Human Services Agency wants to break people’s spirits and it will be in a public forum for all the world to see, not in some rinky dink little town where nobody pays attention.

Please sign our petition http://www.thepetitionsite.com/1/vermont—investigate-the-abuse-of-quotdevelopmentally-disabled-offendersquot/  Maybe, just maybe someone will do the right thing.

And Let’s not forget the DRVT report where the 24 year old man died a slow,  gruesome death while in Sterling Area Services.  The care givers where negligent, forged documents, ignored his desperate pleadings for help, failed to provide medical attention and watched this young man deteriorate for six months until he was found face down in his bed, dead.  Yet, was anyone held accountable for that? http://www.scribd.com/doc/52929838/Disability-Rights-Investigation

Tracy Gilman, Mother of William Bennett

28
Jun
11

Vermont Human Services Agency Poses Risk to Public Safety

Vermont Human Services is ignoring the standards of their own Best Practices Manual http://www.ddas.vermont.gov/ddas-publications/publications-os/publications-os-documents/os-pub-supervision-treatment-sex-offenders-with-ds committing Medicaid fraud and helping agencies such as Northeast Kingdom Human Services and Sterling Area Agency to cover up reports of abuse, posing a seriouse  “Risk to Public Safety”.  “Risk to Public Safety”  is the same term used to civilly commit and incarcerate some of the very people this service is supposed protect.

Vermont Human Services charges the state and federal government millions of dollars every year to pay for services not provided.  These State contracted Human Services Agencies are supposed to protect the public by “treating” and rehabilitating people; who could not be convicted of crimes, people who have served their sentences for crimes and in many cases people who haven’t even been charged with a crime.

Civil Commitment  is being used as a continuum of incarceration.  All over the country people are being detained indefinitely without charges or convictions.  Treatment is mandated and provided through state human services agencies and corrections.  The very people and agencies responsible for assessing and treating are the people profiting  from “treatment”.  This conflict of interest does not encourage treatment that results in successful rehabilitation.

In Vermont 194 individuals are in the custody of the Department of Aging and Independent Living (DAIL) under Act 248, Vermont’s civil commitment law for people with mental retardation (18 V.S.A Section 8839 et seq).  In a 2010 Report to Representatives Lippert and Marcotte on Individuals with Developmental Disabilities Who Pose a Public Safety Risk, http://www.ddas.vermont.gov/ddas-publications/…/ds-offenders-report-2009 DAIL  makes the following recommendations (to themselves) which remain unfulfilled;

  1. Competency evaluations for individuals suspected of having a DD should include a current evaluation by a psychologist skilled in assessing individuals with DD.
  2.  Some ACT 248 commitments should be for a defined period rather than indefinitely.
  3. Additional review processes should be adopted  for individuals who are under guardianship and in a restrictive program.
  4. The State should adopt the best available risk and criminogenic needs assessment tools, to ensure that these individuals do not remain in treatment or in restrictive settings longer than necessary.

Although the Act 248 Statutes give the individual the right to seek judicial review of an order of commitment, in many of the ACT 248 cases, annual reviews take place with no participation from private guardians or the DD clients themselves.

In the case of William Bennett notice of annual reviews were not given to him or the guardian.  This goes against Section 4.10 – (c) – (pg. 36) of Regulations Implementing The Developmental Disabilities Act of 1996 March 2011.  Clients with DD cannot be expected to fully understand and initiate these proceedings without support from their guardian and real advocacy from their attorney.

In the most recent annual review Bennett was phoned by a Vermont Legal Aid Attorney and asked if he needed a consultation.  For a person with a developmental disability the word “consultation”  may have no meaning.

Recommendations for continued services/incarceration were made by the service providers and DAIL, agreed to by the Legal Aid Attorney, submitted to the courts and approved by a  judge.  This automated system to extend “care” to ensure the continued funding is a breach of human rights.

Without  proper procedures for legal representation of DD individuals outlined in the legislation their human rights will continue to be violated for a profit to these privately owned publicly funded institutions at a cost to the state of $100,000 a year and up, per client.  The report to Lippert and Marcotte goes on to say that no court has ever concluded in the 23 years since the passing of Act 248 that a person committed should be released.  This should raise questions about the treatment being provided.

From a review of  the reel to reel tapes of the hearings it is clear that during the  formation of Act 248, the testifying professionals were concerned that DD people would be “swept up” due to public discomfort and families of DD individuals not wanting to deal with them   They expressed a clear concern that these individuals civil rights would be violated, that people would be detained longer than necessary and that treatment would not be given on an individualized basis.

Expert testimony given by mental health professional, felt that long-term commitment was not necessary for many of the Developmentally Delayed Individuals.  In testimony given by Charles Mosley to the House Judiciary, Mosley states that there is a lot of potential to train individuals with Mental Retardation and 24 hour supervision could often decrease after the first few months.  He goes on to say that Lots of these people are mildly retarded and have great potential for employment teaching.

During Testimony Walt Morris, Defender General disagrees with the characterization of the individuals as “getting off the hook”.  He also points out that public discomfort with street people and people who are different tends to sweep them up into the system.

Testimony by Bill Reedy of the Vermont Coalition of the Handicapped urges access to the same civil rights proceedings as any other citizen.  He also voices concern that commitment be provided in the “least restrictive manner” and adhere to constitutional standards.

Roger Strauss, Director of Washington County Mental Health refers to the Judicial Review as a method to see if  “appropriate therapy” is being received.  Saying that “constitutional law requires the commissioner to provide appropriate therapy”.  In discussions of the annual review it is repeatedly stated that the Commissioner is responsible to provide “individualized” treatment in the “least restrictive manner” possible.

It also requires that the burden of proof be more substantiated as the individual proceeds through the care-program. Thus putting more pressure on the Department of Human services to prove the individual still poses a danger to public safety.  This is obviously a measure that has failed.

An expert witness in the taped hearings, believed to be Bill Reedy of the Vermont Coalition of the Handicapped puts it very clear, we are talking about people with inappropriate behavior, not armed and dangerous criminals.  He continues saying “very few people need to be shackled, mentally retarded people actually are less violent than you and me“.

Major parts of the original Act 248 statutes in Vermont have been repealed leaving civilly committed individuals with no civil rights and undermining the oversight and accountability originally intended by the legislatures.  Section 8821-8834 regarding Provisions of Service and Judicial Review has been repealed, Section 8842 stated that Hearings be  in accordance with 8827 which has been repealed, Section 8845 states that procedures shall be in accordance with 8834 which has been repealed.  Just take a look at the most recent draft, it looks as though they will cross-out (repeal) the entire Act.

Total authority is given to DAIL due to the Court’s and the Legislature’s lack of concern for civil rights for all and fear of public opinion, “out of sight, out of mind”.   Developmentally Disabled people remain in restrictive and abusive environments for decades without hope.

DAIL has demonstrated that they will go to great lengths to silence reports of abusive practices.  In a recent petition for Relief From Abuse in which one DD client’s life was threatened by another client in a State Licensed Group Home, Attorney’s from the Agency (NKHS) running the  home and an Attorney for the Commissioner of DAIL showed up to fight the order.  The Defendant nor his guardian or attorney for the defendant was even present.  NKHS and DAIL made  no denial that the threat was  made, yet the judge dismissed the order after the attorney from DAIL threatened to call in the Attorney General if the judge pursued the matter further.  DAIL and NKHS immediately moved the aggressor client back into the group home with no concern what so ever to the risk posed psychologically and physically to the Aggressed client.

In January of 2011 William Bennett”s guardian and mother hired an attorney to contest the Act 248 placement. William’s Guardian is concerned that his placement in this program will have permanent detrimental effects on him.  Since his placement in this “Safe Choices”  program he has been assaulted by a home care provider, kept incommunicado, been double staffed by workers who refuse to give their names, been denied his rescue inhaler, been sexually harassed by a staff member, been kept isolated from his family and guardian, been denied a low fat diet recommended by his physician, been denied opportunities to exercise, forced to witness another client having daily uncontrolled grand maul seizures, has been denied private conversations with his attorney and his guardian, has been threatened and intimidated to sign releases of information for medical and psychological appointments. William Bennett has and still is being harassed and Bullied by the State of Vermont.

DAIL and it’s Agents have been actively thwarting efforts by William and his guardian to improve his mental and physical health through years of suppressing and isolating William.  The damage done due to the negligence and incompetence of these supposed providers is inexcusable.

DAIL has the ultimate responsibility for the well-being of people in custody, they have a vested interest in covering up abuse by providers they contract with.  The Human Services Board would normally review decisions made the Commissioner of DAIL  but has recently stated that they don’t have authority over the commissioner in Act 248 cases.  The  Human Services Board defers to the courts, which under threat of the Attorney General submit to the DAIL.

Adult Protective services is supposed to defer to the Secretary of Human Services when the Commissioner of DAIL is implicated in reports of abuse but instead make findings that the abuse never occurred.  The Secretary of Human Services Douglas Racine, after repeated pleas from the guardian of William Bennett defers to the Commissioner.  Vermont’s Governor Shumlin after repeated pleas from the guardian of  William Bennett defers to the Secretary of Human Services.

Adult Protective Services, commissioned with investigating abuse has recently been threatened by Vermont Legal Aid and Disability Rights Vermont for not investigating reports of abuse.  APS settled out of court and is supposed to implement changes and clear up a back log of abuse reports.  William Bennett and his guardian have made several recent reports of abuse to APS  and has not seen any action taken.  No doubt they will at some point write a letter saying “no abuse occurred”.

In case after case of abuse reported to The Department of Human Service they have hammered clients and advocates into submission with their incredible powers and access to tax payer funded attorneys.  It is time we as a Civil Society end this atrocious abuse of this vulnerable group of fellow human beings.

02
Jun
11

Assault By Home Care Provider Vermont Human Services Takes No Action

On June 1st William Bennett and me met with Disability Rights Vermont to review their investigation into the abuse Bill had reported on February 23rd.  I felt that DRVT did a thorough investigation into the abuse and pointed out some additional problems in the Sterling Area Agencies procedures, trainings and contracts.

In sharp contrast to this investigation, is the Adult Protective Services investigation.  APS is a one page three paragraph letter with two check boxes indicating that

1.  The available evidence indicated that abuse, neglect or exploitation did not occur.

2.  The allegation does not meet the statutory definition of abuse, neglect or exploitation.

33 V.S.A. § 6902. Definitions

(1) “Abuse” means:

(A) Any treatment of a vulnerable adult which places life, health or welfare in jeopardy or which is likely to result in impairment of health;

(B) Any conduct committed with an intent or reckless disregard that such conduct is likely to cause unnecessary harm, unnecessary pain or unnecessary suffering to a vulnerable adult;

(C) Unnecessary or unlawful confinement or unnecessary or unlawful restraint of a vulnerable adult;

So, the Home Care Provider follows Bill into his bedroom,  lifts and throws Bill, who is 4ft.11in tall. and 120 lbs, onto his bed, pinning him down while on top of him.  This doesn’t fit the Vermont Statutes of Abuse?  I see no reason for APS’s backlog at all with this interpretation of the definition of abuse.

The last paragraph of the APS letter indicates that I can ask the Commissioner to review this decision.  The Commissioner of the Department of Aging and Independent Living has recently motioned the court to remove me as my son’s legal guardian and make her his legal guardian. Commissioner Dr Susan Wehry has admittedly terminated unsupervised visits with my son because of a statement I made on my blog. Furthermore since the abuse occurred simultaneously with the Commissioner trying to remove me as guardian I’m quiet certain her stamp of approval is already on it.

After speaking with DRVT about some incidences that recently occurred at the group home where Bill lives, they urged me to report it to, APS so I did.  I called APS and spoke to an intake specialist who was very rude, she raised her voice to me and impatiently said “it’s been a really long day”.  This was not said in an apologetic tone.  I ended up having to call back several times because her attitude made it so difficult to focus on what I was trying to report.  Her attitude would have devastated me if I was disabled and had been abused.

More funding won’t eliminate an attitude of hostility.  Without significant measures to ensure that changes are real we’ll just have more letters going out denying abuse occurred.

18
May
11

Comment From Former Employees of Northeast Kingdom Human Services

I will be dedicating the next several posts to “Comments From Former Employees”.  This link posted by a supportive blogger has great information.  http://vermont4evolution.wordpress.com/2011/05/17/vermont-abusing-the-developmentally-disabled/

Be sure to click on the New York Times Article.  A very similar situation where the Governor finally acted.

http://www.nytimes.com/2011/03/13/nyregion/13homes.html

PLANNING A PROTEST IN NEWPORT AT THE GATEWAY CENTER MAY25th.  THE COMMISSIONER WILL BE SPEAKING TO HOME CARE PROVIDERS.  5 P.M.  MARK IT ON YOUR CALENDAR, LEAVE A COMMENT SO I KNOW WHO’S WILLING TO TAKE A AFTERNOON AND DO SOME CHANTING.  THIS IS A WORTHY CAUSE, I’VE BEEN DYING TO HOLD UP A SIGN FOR YEARS.  IF THIS IS THE ONLY ISSUE YOU EVER PROTEST FOR, IT’S A GREAT ONE!!!!!!!!!!!!!!!!!!! LET’S TAKE BACK OR “HUMAN SERVICES”.

A Very Touching Letter:

Dear Senator Kitchel,

I am writing to you about my outrage at the misuse of funding at Northeast Kingdom Human Services…in particular the program “Safe Choices”.  All that program is to NKHS is a cash cow and a legal way to abuse people who have had their rights stripped from them… and they are mentally impaired so they have no way to fight back.  They are so programmed by the staff at Lowell house and Roy Mountain House that many of them feel that this is all they deserve in life.  These people (clients) are bringing in a lot of tax dollars to line the pockets of the directors, assistant directors, therapists and supervisors (who already make MORE than a living wage) at NKHS and (OF COURSE) NKHS wants to keep them there.  The more the clients are abused, the more afraid to speak out against the program they become and the more secure NKHS staff is about their income in these troubled times.

Imagine being born with a disability.  It makes life a struggle from day one!  Friends, family and freedom is something that we all take for granted but when one’s life is shrouded in a disability most people never look past that diagnosis to the person living inside.  Many parents throw their hands in the air and let “the system” take over…or other parents have their children ripped away because someone in “the system” saw another big Medicaid waiver waiting to happen.  Medicaid waivers ARE, after all, what keeps people in  jobs.

My grandson is three years old and he has autism.  He has the face of a cherub and a head surrounded by blonde curls. He also has a lot of socially inappropriate behaviors and we are faced with the daily task of teaching him what is right and what needs to change.  Because he is cute a lot of actions are excused by the public and even by family.  “That’s Rowan!” has been even my explaination for taking apart my flashlight or spitting on the floor and stomping in it, or taking his diaper off or unplugging the TV while we are watching it when his brother and sister are expected not to do these things.  As he matures his behaviors will become less and less those of a cute little boy and harder and harder to control.  His mother will need a lot of help from Human Services agencies.   WHAT IF…when he arrives at puberty and he is faced with an entirely new (and natural) change in his body…we don’t get the time to teach him what is and is not OK?  What if something comes to the attention of an agency my daughter went to for help and HE becomes a cash cow?

What about your own family?  I know that I never anticipated having a disabled grandchild…it never crossed my mind.  I have hopes and dreams for my family and I am sure you do for yours.  Please consider that could be me” and take a good hard look at the agency serving your area.  I have guardianship of a woman who was a client of NKHS and she was beaten down, threatened and abused by that agency and she didn’t know how to fight back.  She asked me to be her guardian and fight for her.  NKHS accused me of “sneaking that one in under the door”.  They broke the law more than once in the way she was treated and then were shocked when I transferred her services to Sterling Area Services.  I knew her rights and mine as a guardian but had I not, she would still be one of their puppets.  I was lucky…she was lucky.  Most people with a family member or ward don’t even know their rights and NKHS does NOTHING to educate them on this matter.

I have read the blog by Tracy Gilman, safechoicesabuse.org and I am appalled by the stories of abuse there.  They are all true and documented by the very agency she is fighting.  I have worked for NKHS and I have seen firsthand the way they treat the clients who bring in the big waivers.  They deliberately keep them in a crisis state to generate more money for themselves.  This is not JUST the Safe Choices clients.  I encourage you…no I am asking you… to take a look at NKHS and the ways they use the monies given to them for providing “services”.  Look at their “CADRE” billing.  Is it possible that every weekend a client is in crisis and the same people are paid (over and over) an additional $18.00 to $22.00 per hour to watch them?  Why do these clients rarely have a crisis during the week when staff are doing other things and don’t have time built into their days to supplement their salaries?

Look at the life of the safe choices clients and imagine trying to live it?  Twenty four hours a day, seven days a week they are antagonized and made to feel like the dirt of the universe.  I would go crazy if I had a loved one in that program.  It is “arms length” supervision.  Some of these people have not been touched in years.  What must that be like?  Babies DIE if they aren’t held.  The staff is creating a death of the soul in these already vulnerable people who would be at enough of a disadvantage if this had never happened in their lives.  Prisons don’t even treat people like that.   Please help them…and save the state a LOT of tax dollars.  Shutting down Safe Choices and installing the VERY small handful of people who really DO need such a program in a place where they will be treated humanely would be a good start.

Sincerely,

Jeannie Ayer

Voter and taxpayer.

05
May
11

Bill Bennett Denied FOOD by Tammy Crowe & Rick Devost of “Safe Choices”

As if not providing the low fat diet recommended by Bill Bennett’s doctor was not bad enough.  Bill was picked up at Lowell House 7:00 a.m. after eating a banana for breakfast and transported to Dartmouth Hitchcock Medical Center for an 11:00 Pulmonary Exam, where we were followed around for 3 hours by two staffers. (Our tax $$ at work)

About 2:00 p.m. I asked Tammy Crowe, case manager and Rick Devost, supervisor what they had planned for Bill’s lunch.  Tammy Crowe casually said something like “oh, well, we were just thinking he’d eat when he got back to The Lowell House”.  Lowell, a two hour drive from Hanover puts  Bill there at 4:30, on just a banana.

I explained that  Room & Board taken out of Bill’s disability check, an $ amount they refuse to reveal, should provide for a lunch to take when he is going out for the day.  Crowe then said in her monotone voice “we knew you would be here”.   Meaning they knew I would take care of my son.   In the cafeteria at Dartmouth, I bought peta bread with humus, fruit and yogurt.   I offered to let the two pay but they declined.

On Saturday his choice for lunch was a high cholesterol Bologna & Cheese sandwich or nothing, today it’s just nothing.

These people really believe they’ll never be held accountable.  and it should be said that by not taking action, after being informed, the current Governor of Vermont, Peter Shumlin,  Secretary of Human Services, Douglas Racine and on and on, put disabled people at a higher risk for abuse than they already were.   Shame On You

Safe Choices control’s every aspect of their client’s lives, they decide what and apparently “if” they eat, who they will talk to and for how long, where they will go and when they will go there.  These are the same people who just removed my right to unsupervised visitation with my son.   They refuse to let him carry his inhaler then forget? to bring it to his exercise class, go out on all day trips and neglect to concern themselves with food,  and I am not suitable?

And why is it that my son is forced to be picked up and taken places by people who wont give their full names?  Even to me?  People he has never even met with no names pick him up and follow him around all day.  How disgusting and BRUTAL Northeast Kingdom Human Services, Kathy Aiken, Heather Allin, Susan Wehry, Commissioner of abuse.  Your mothers will be shamed.

I wouldn’t ever associate myself with most of the staff I’ve met through this program.  The few I’ve met along the way who had any integrity are long gone!  My son is forced to spend hours a day surrounded by people I couldn’t stomach for more than 5 minutes.   Soon my son will be able to make “Safer Choices”.  God Bless Him

Does this Document Apply to All?


03
May
11

Saul Shoenberg Neither Admits or Denies Allegations

Complaints brought against Saul Shoenberg in 1995 by the Secretary of State, Office of Professional Regulation Board of Psychological Examiners fall into three categories:

Double Billing, conflict of interest and Harassment and Intimidation of clients.

The First two allegations are important and possibly the key ($)  But the third allegation is the one we are hearing echoed in the Many Many accounts of abuse being share by clients of the safe choices program.   It refers to reports that Shoenberg treated clients in the “Resolutions” program, which received clients through SRS by Saul Shoenberg’s recommendations with unbecoming and unprofessional conduct.  His conduct is described as confrontational and disrespectful, three complainants describe incidents of yelling at clients, threatening them and use of  VULGAR language.

“The investigating Team believes that such actions constitute harassment, or intimidation”  (27 V.S.A. S 3016 (13) and therefore considered unprofessional conduct.  Shoenberg neither admitted nor denied the allegations (third count) and entered into  settlement agreement.

Interestingly, when I went to the Vermont Secretary of State website, Office of Professional Misconduct page where you can file a complaint (http://vtprofessionals.org/ ) as well as view decisions of complaints filed,  Mr Shoenberg’s LI # did not show him as licensed in VT.  Yet upon calling and getting a very helpful public servant it was eventually located, But It was, curious….

Question 1.  should the  ONCE AN OFFENDER ALWAYS AN OFFENDER rule applied to clients of the “Safe Choices” program also apply to Mr. Shoenberg?  Since so many of the clients of this sex offender program, though never charged or convicted of sex crimes, report being threatened with jail or loss of needed services if they try to leave, it might seem Saul Shoenberg M.A. is transferring his own lack of changeability onto these victims.  But I’m no Dr.

Question 2.  Since many of the men in this program are not convicted of a crime yet are labeled as Sex Offenders should Mr. Shoenberg carry a label convicting him as they do?

Question 3.  If we are going to start down that slippery slope of punishing people for crimes not proven why do we need a constitution?  Mr Shoenberg wasn’t followed around by people warning the public of his danger to…wait…wasn’t it SRS clients…children….he was serving?

I’ve talked to men Labeled “Sex Offender” for less than using vulgar language around children.  But I’m no Lawyer either.  Just a concerned citizen who hates seeing vulnerable people being labeled something their not, a mother determined to stop the abuse of my son and I’m not afraid.

I intend to give each of these brave men a voice to say how they feel about this abuse and I’m putting a face with the voice.  Get Ready to meet some COOL DUDES!  If you’ve read the Barton Chronicle series you’ve heard some of his story. Sign the petition pg to help the guys still trying to get out.


28
Apr
11

Commissioner of DAIL Retaliates Against Client’s Free Speech

Mrs Susan Wehry, COMMISSIONER of Department of Aging and Independent Living takes a drastic measure to stop William Bennett and Tracy Gilman from reporting the abuses of the “Safe Choices” Program run by Northeast Kingdom Human Services.

SHE RETALIATES BY DENYING MOTHER AND SON VISITS.

In an email Wehry says:

” It has come to my attention that in a blog authored by you”,  you wrote, “Even though my son Bill isn’t a sex offender, he’s been court ordered to take part in the safe choices sex offender program”

She says, “in light of your statement regarding your son not being a sex offender”  “I am terminating unsupervised visits between you and William”

She clearly states it’s retaliation against my son for a statement I made.   

AMENDMENTS

TO THE CONSTITUTION

OF THE

UNITED STATES OF AMERICA

Amendment I.*

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or ABRIDGING THE FREEDOM OF SPEECH, OR OF THE PRESS, OR THE RIGHT OF THE PEOPLE PEACEABLY TO ASSEMBLE, AND TO PETITION THE GOVERNMENT FOR A REDRESS OF GRIEVANCES.


Mrs Wehry clearly states that this actions is a result of my statement, not any action that I took.  Whether I agreed with the court order or not, I have always followed it.  NOWHERE IN THE COURT ORDER DOES IT SAY THAT I  HAVE TO CALL MY SON A SEX OFFENDER. 

 How do people in this day and age, especially  someone who is entrusted with the care of our disabled population think that they have the authority to overrule our constitution?

In February my son was assaulted by a home care provider and DAIL immediately denied me access to my son.  They denied him  use of the phone, They took him to an undisclosed location and would not tell me, his legal guardian where he was or who he was with and they kept him under the supervision of the Home Care Provider who assaulted him.  Then they petitioned the court to remove me as his legal guardian and attempted to place him under their guardianship.

My son has never been tried or convicted of a crime, he was “Accused” while he was under their “supervision”.  They, with their high professional standards brought him to the Comfort Inn & Suites and left him there with a 19 year old girl.   I have been asked so many times if this was a set up.  YOU JUDGE

http://www.youtube.com/watch?v=xKUPdcNNyYk

DON’T EVER ASK THE STATE FOR “HELP”

Please take a moment and write your thoughts, Bill needs us more than ever. Peace and Love Good People


                                                                                        Sign The Petition  http://www.change.org/nonprofits/view/864311





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