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

Too Temporary Relief From Abuse

William Bennett was granted a temporary Relief From Abuse Order on May 26, 2011, the relief was all too temporary.  After Charlie Phillips,  a resident of the Lowell House, a group home operated by Northeast Kingdom Human Services and licensed by the State of Vermont, threatened to Kill him.

A hearing was set for 6/15/11 at which time a final order would be granted or the case would be dismissed.  Relief from Abuse Orders are between two parties, the defendant and plaintiff.  Without party status Northeast Kingdom Human Services and The Department of Aging and Independent Living each filed a Motion to Dismiss.

So in a court room in Orleans County two days prior to the hearing set for the final order, a judge granted the parties an audience. Charlie Phillips, the defendant was not present, nor was there an attorney for Charlie  present.

The judge at first seemed inclined to grant “party status” to the State and NKHS and continue with the scheduled hearing on the 15th.  The Attorney from DAIL rose to offer what seemed to be a warning that if the judge continued on with the hearing she would be compelled to inform the Attorney General of the judges attempt to manage a group home from the bench.  The Judge asked the Attorney for DAIL to repeat her statement, she went on to repeat with a bit gentler approach that this would involve a “separation of Powers” issue which the Attorney General would be interested in.  Her threat seemed to work and the Judge dismissed the whole case, leaving William Bennett without protection.  Our courts might as well add more furlough days, justice seems to be absent while it’s in session.

Both the defendant and the plaintiff are court ordered into the “Care and Custody” of the Commissioner of DAIL.  If the Judge granted the order the Commissioner would be compelled to comply and find alternative living arrangements for Phillips.  The Commissioner has the ability to thwart or compel an investigation into the abuse.   To this date nearly three weeks after the incident, nobody from Adult Protective Services has contacted William Bennett to investigate.  It was only due to the Temporary Order that Phillips was removed from the House.  Nobody denied that the threats were made, nobody denies that Phillips is a schizophrenic who has violent outbursts. In a voice mail message a supervisor from NKHS admits that the threat was made.  It seems the State and the Agency intend to bring Phillips back into the Lowell House and continue to subject Bill Bennett to more verbal abuse and violence.

The Attorney for NKHS states that the Agency was unaware until the RFA was applied for that there was an issue with Phillips.  This was a flat-out lie, it was common knowledge that I, William’s Legal Guardian and Mother applied for a Temporary Change of Placement as well as a Relief From Abuse for a Vulnerable Adult on two occasions in the past two months, citing this as grounds.  The Atotorney from NKHS made other statements to the Judge that were lies and I can prove it.  It seems that if you’re sitting in fromt of the rail, next to an Attorney from the Commissioner of DAIL you can say anything in court and win whether it’s the truth or a lie.

Abuses have been repeatedly reported to the Commissioner as well as to NKHS.  Employees of NKHS have been the abusers in many of the reports to Adult Protective Services.

There seems to be only one course of action left to take.

If anything happens to my son, Governor Shumlin who has been well informed, Secretary of Human Services Douglas Racine, who has been well informed, Commissioner Susan Wehry, who has been well informed, and all of the Supervisors of Safe Choices of Northeast Kingdom Human Services who are not only well informed but directly facilitate abuse, will be accountable.

I think it’s safe to assume the Attorney General who has been “well informed” of Medicaid Fraud will not be doing anything about that.

What has happened to our country?

Commisioner of DAIL Continues to Retaliate Against William Bennett & Family

William (Bill) Bennett is in a battle for his freedom and physical safety.  After 5 years of civil commitment and court ordered participation in a program called “Safe Choices’ which has come under heavy fire for abusive practices, the Commissioner of DAIL has repeatedly acted to limit William Bennett’s access to the people supporting him in his “fight for freedom”.

In a meeting today with DAIL representatives,  Bill and his family had hoped to resume their well established routine of over night visits 2-3 days a week.  Apparently the Commissioner of DAIL had other intentions.

After years of this routine without incident the Commissioner of DAIL filed a motion with the Courts to have Tracy Gilman, Bill’s mother, removed as Bill’s Legal Guardian.  The Commissioner gave no specific reason other than stating that Ms. Gilman, a strong advocate for her son, was “difficult to work with”.  In the 6 months prior to this action the Commissioners representatives had no contact Gilman and only one meeting with Bill.  The Commissioner herself has never met Bill Bennett.

After abandoning the motion at the last moment, the Commissioner then made a decision to revoke unsupervised visits between Bill and his mother.  The reason given was that Ms. Gilman stated on this blog “My son is not a sex offender”.  In a meeting May 5th the Commissioner using visitation as leverage, tried to force Gilman to sign a statement agreeing to her son’s guilt as sex offender.  Not signing meant that the family would be forced to have 3 hour visits in public places at designated times often supervised by several staffers who would refuse to give their names to Bill or Tracy, his Legal Guardian.  Both Gilman and Bennett felt they were being stalked.

The Commissioner’s actions could be seen as a risk to public safety given the principles of the DAIL’s  Best Practices Manual (2005) which emphasizes:

(1) long separation from parents are associated with recidivism

(2) Offenders who have positive social relationships are less likely to re offend

(3) the importance of family in everyone’s’ life and

(4) the harmful impact of isolation from family and the importance of family resources to the healing process

Though William was charged with Lewd and Lascivious conduct in 2006, he never stood trial due to his disability.  Ms Gilman believes the charge would never have arisen if a “Home Care Provider” had not brought Bill and a nineteen year old girl to a hotel and left them there alone.  Many bad things have happened to William Bennett while in the custody of the Commissioner and Vermont Human Services.  Yet each time the Legal Guardian tries to bring misconduct to the attention of DAIL, the Commissioner takes some action against the guardian and Bennett.

Ms. Gilman has never been required to sign such a statement in the past and feels this is retaliation for hiring outside legal counsel for Bill.  The Commissioners first act of ‘aggression” toward Bill and his mother occurred just after they hired an attorney to contest the Act 248 Placement.

The Agency which the Commissioner oversees to provide services refused to provide services to Bill immediately after he hired an attorney.   Bill and his mother were alarmed by changes in the attitudes of service providers and felt the situation was dangerous. Guardianship Statutes allow a Guardian to make an “Emergency Change of Placement”.  So,  Bill’s mother removed him and filed a motion with the court.  Before an audience with a Judge could be had, the Commissioner had Bennett brought back to the Agency.   That evening, after requesting to use the phone to call his attorney Bill was assaulted by his Home Care Provider and was not allowed the phone call.

Today, 6/7/11 the Commissioner presented Gilman with a new statement to sign, which doesn’t require her to retract her original statement “My son is not a sex offender.”  It is in fact the Commissioners original statement, revised by Gilman and offered to the Commissioner.  So the Commissioner is agreeing to Gilman’s stated position, not the other way around.  Yet even if signed, the Commissioner will continue to limit visitation to 3 hr visits twice a week.  It is hard to see any motive other than retaliation in the Commissioners actions.

Ordinarily The Human Services Board after a request for a “Fair Hearing” would review such decisions made by the Commissioner.  In this case The Board’s position is that it doesn’t have the authority due to the Act 248 Court Order giving the Commissioner full responsibility for William’s “Care and Custody”.  So another avenue which  is available to other people to seek consideration of unfair treatment is closed to William Bennett.

The actions of the Department of Human Services have cost the State of Vermont and The Family of William Bennett great sums of money.  Each action taken by the state resulting in court proceedings is charged to tax payers by States Attorneys.  The Bennett family has incurred over $20,000 in legal fees, Gilman’s ability to work while trying to protect her son has been greatly diminished adding to their financial burden.  The extent of emotional suffering  William Bennett is being subjected to by staff of Northeast Kingdom Human Services and DAIL will only really be known once he is out of this environment.

Secretary of Human Services Douglas Racine in response to my letter informing him of the abusive practices of the “Safe Choices” program, the retaliation by the Commissioner and the fraudulent practices of the Sterling Area Agency, has informed me that he supports the Commissioners actions.  This Disability Rights Investigation http://www.scribd.com/fullscreen/56888199?access_key=key-217dz8rwqnusyxy19w2minto the assault by the Home Care Provider whom the Commissioner so vehemently supported has clearly exposed the abusive and highly unprofessional practices of her agents.

According to Vermont Statutes on Reporting Abuse (second paragraph) http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=33&Chapter=069&Section=06904 the Commissioner had a duty to refer the Report of Abuse to Secretary Racine due to her conflict of interest.  The Commissioner was clearly implicated by her actions to return Bennett to the home where he was assaulted, ignoring the Guardian’s concerns for Bill’s safety.  The action taken by the Commissioner to remove the guardian also created another conflict of interest and should have prompted her to refer the report to Racine.

Is Secretary Racine still so certain he is on the side of right.   Will Governor Shumlin remain silent?  I won’t!

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.

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Dear Douglas Racine, Another Former Employee Comes Forward

Submitted on 2011/05/16 at 1:27 pm

Tracy, I applaud your uphill battle against the “Evil Empire”, being NKHS and Safe Choices!!! Not too many people dare to go up against this corrupt, demeaning, and self-serving so-called “non-profit” organization! There is so much corruption, neopatism and favoritism that goes on there, in particular the DS Department in St J. I know how you are feeling, Tracy – I too have attempted to expose this using the proper channels, and it was so convienently swept under the rug. I remember BIll’s situation so vividly – when you first attempted to have him removed from Safe Choices – I think it was in ’04 – he came onto my caseload, and was placed at Kate’s. That was the start of the nightmare for Bill! He was totally set up, left alone on numerous occasions, and left unsupervised at the Comfort Inn (more like dropped off by Kate!!) also left unsupervised at her home. (as I recall, the alleged “victim” was there without any knowledge of NKHS). I also remember when you were practically forced to put Bill back into the Safe Choices – you did not want that, but a certain so-called Assistant Director of DS practically threatened you. I have nothing but respect and admiration for what you are trying to accomplish – your dedication, devotion, and love for Bill goes far beyond what I have ever experienced in dealing with many families of Special Needs children. Safe Choices shold no longer exist, and those running it should be admonished, and in some incidences, lose their license to practice. Tracy, I will support your effort in any way I possibly can. Please e-mail me if there is anything you need that will assist you in shutting these demons down!

A PEACEFUL DEMONSTRATION will be held in Newport VT May 25 at 5:00 -8 P.M.  We will be in the State owned parking lot on Field Ave. Turn between the Goodrich Memorial Library and the Police Station on Main St..  DR. SUSAN WEHRY, THE COMMISSIONER of The Department of Aging and Independent Living ( has the ability to end this abuse) will be speaking to home care providers.  According to their Brochure it will be “an evening of pampering“, with Reiki, Massage and Dinner.  That would all be fine if disabled men weren’t languishing away year after year hidden in the woods eating bologna sandwiches and whatever else the food bank donates.  It would be okay If disabled men weren’t cut off from their families and all forms of social contact, left with no hope of the close connections Dr. Wehry will be enjoying.  It would be okay if disabled men weren’t forced to go to a group once a week where they are called liars, yelled at and demeaned by a  so called “Therapist”.  And it would all be okay if Vermont Tax payers weren’t paying over $20,000,000 a year to fund such programs.  It’s time to take back our Human Services.

A petition will be available to sign, volunteers are needed to gather more signatures and all are welcome.  Even if you can only stop and sign a petition, you’ve done your part.  Signs will be available.  We’ll be there until 8 p..m.  We Mean Business!

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?

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