Pattern of abuse; Vermont Human Services

A pattern seems to be emerging from my relentless attempts to hold Vermont Human Services, specifically The Department of Aging and Independent Living (DAIL) and the local designated human services agency, specifically Northeast Kingdom Human Services accountable for gross systematic abuse and reckless endangerment of a vulnerable adult, Bill Bennett.

Under the Vermont Statutes that civilly Commit Bill to the “Care and Custody” of the Department of Aging and Independent Living  (DAIL)  The Commissioner, Dr. Susan Wehry of DAIL is responsible to provide Bennett with “Individualized Treatment” based on Bill’s disability and provides for his well-being.

Attorney’s for the Commissioner, Dr Susan Wehry, upon reports of abuse  have instantly reacted against the Guardian instead of the offending parties.  I can confidently say “offending” parties because as I said, a clear pattern has emerged as a result of investigations into the reports of abuse.

Claims made by Attorney’s for Vermont Human Services and Northeast Kingdom Human Services (NKHS) that the Mother is interfering and preventing Bill from receiving appropriate individualized “care and habilitation” seem laughable in light of the following investigations.

After repeated reports to APS an investigation resulted in the State finding many violations against the Safe choices Lowell House where Bill Bennett was placed by the Commissioner.  Reports made directly to the Commissioner were ignored but an investigation by the State Licensing  for Care Facilities turned up many violations which were directly related to my Complaints. See full Report  http://www.scribd.com/doc/81206732/Safe-Choices-Lowell-House-120911

The first retaliatory acts from Vermont Human Services began in 2011 immediately after Bill Bennett hired an attorney to help fight for his freedom:

On Feb. 23, 2011,  Bill Bennett reported being  picked up, thrown on a bed and held down by a home care provider after he asked to use the phone to call his attorney. I made a Report to Disability Rights Vermont.  Reports to APS were also made but that agency would not make a copy of the investigation available and made no findings of Abuse, which is in stark contrast to the DRV findings, which are as follows:

The evidence appears to support a finding that Home Care Provider #2 did hold Bill on the bed unnecessarily as other options,
such as allowing personal space, were available and could have been implemented without harm to any party or property.

Home Care Provider #2 could have given Bill distance and space at that time but instead chose to impose more confrontation on the situation. the use of restraint on the bed was more likely than not an effort on the part of Home Care Provider #2 to intimidate and
place Bill in fear in order to reassert control and express Home Care Provider #2’s frustration over the day’s events.

According to the Behavior Support Guidelines published by DAIL and dated October 2004, “[Th]e following types of restraint are
prohibited under any circumstances…Restraints that have the individual lying on the ground or in a bed with a worker on top of
the individual.”

Despite the fact that Home Care Provider #1 was the contracted home provider, SAS knowingly supported her in not complying with
the requirements laid out in their Contract for Services.

To Read full DRV Report http://www.scribd.com/doc/56888199/Disability-Rights-Vermont-Investigation-into-Abuse-By-Home-Care-Providers

Despite the fact that DAIL is aware of these findings and violations of their service providers they continue to attack me, the Mother, even going so far as blaming me for all their problems.  In a recent document sent to the Caledonia Court where Bennett’s Annual Review should take place but is now a full year overdue! DAIL asserts that the “Mother’s inability to work respectfully with providers” is the source of all Bill’s mistreatment,  providers found by investigating Agencies to be Negligent, Incompetent and in violation of the many State Regulations.

 

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.

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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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.

A Rogue Agency, allegations of rape, abuse and Neglect in Vermont Human Services Agency

I wake up each morning knowing that my son, a young man with a disability is surrounded by Northeast Kingdom Human Services (NEKHS) Employees who despise him, it seems a part of their job description.  Bill was placed on Act 248 in 2006 because he was accused of Lewd and Lascivious conduct and due to disability determined to be “incompetent” and unable to stand trial.

In 1987 Vermont passed a law to deal with people slipping through cracks in the laws and Act 248 was the solution.  The act places the “incompetent person” into the “Care and Custody” of the Commissioner of The Department of Aging and Disability (DAIL) who then places the “Ward” into a designated Agency for services, which now makes the ward a “client”.  The Agency is now able to access upward of $100,000, yearly for each “client” and according to a 2010 report by DAIL to Representatives Lippert and Marcotte Vermont has 200 “risk to public safety” clients.

The designated agency in my son’s case is NEKHS.  For five years I have voiced my concerns about the “therapeutic model” which consists of 24/7 supervision and a weekly group facilitated by Saul Schoenberg, where high level sex offenders without disabilities are thrown together with low level offenders with disabilities and a third  type of “client” who has no charges and no convictions, just a disability.  The danger to the Psyche of these second two types seems obvious.   My son would tell me over and over that he didn’t want to hear all this really bad stuff, that it wasn’t good for him.  The therapist “Saul Schoenberg” according to his own treatment  notes questioned my sons ability to process information in this environment. Yet he continued to treat  him in this forum for five years.  Not to mention other things noted in his therapy notes that should have been addressed and weren’t.  He probably knows what I’m referring to.

In an attempt to bring public awareness to this ongoing saga where men’s lives are at stake I created the blog “safe choices abuse reports” and started to conduct interviews with some of the men who have escaped the “Safe Choices” Program.  I’ve heard nightmarish stories, stories far worse than those already reported in the “Safe Choices” series printed in the Barton Chronicle, Orleans and Caledonian Record.  Men raping men in bathrooms while the group is paraded by and told to “look straight ahead”, program directors having sex on their desks while clients pass by, clients being locked into rooms with no bathrooms and forced to defecate on the floor.  When I asked one young man how he came into the program and he said, “I was homeless once and I was walking down the street when  “Saul pulled up and asked me if I wanted a ride”.  Years later he has many stories to tell.  I have not posted many of these videos and will try to avoid doing so to protect the victims from more abuse, but the victims want justice and I intend to use a wider media outlet before much more goes onto my blog, which is mostly read by state workers and attorney’s to see if I slip up and to determine how much evidence there really is.  I’m just scratching the surface of my son’s incomplete file and I can prove a lot.  I can only imagine what I could do with the files of those other clients.  Not to mention the former employees who would love to come forward and testify if they thought it would make any difference.  NEKHS and DAIL just keep building a case against themselves. While I keep talking to people and getting more names.  I am a very outgoing person, a respected professional and through my work I meet intelligent people from all over the world.  The powers that be sitting in Waterbury might think we are all just a bunch of “Bumkins” up here in the Kingdom who never get out of the state but they have sorely misjudged.  I have no doubt that good will prevail over evil, I’m just not sure how much public humiliation the  State of Vermont has to experience before it decides to investigate this rogue agency.

I have not uploaded many of the interviews.  I have truly hoped that Governor Shumlin or Secretary of Human Services Douglas Racine would respond to the packets of information I mailed to them weeks ago.  It wouldn’t take a huge effort to prove serious misconduct as well as Medicaid fraud.   Bill’s attorney and I have filed so many motions with the courts trying to get my son out of this hideous house of horrors;  relief from abuse for a vulnerable adult, emergency change of placement, writ of habeas corpus .  An Emergency Relief from Abuse” order was filed against DAIL and NEKHS on Tuesday morning in Orleans county, the affidavit cite more than ten counts of ongoing abuse and neglect as defined by Vermont Law as well as DAIL’s own definitions  including failure to provide food, withholding medical treatment (inhaler), verbal abuse (sexually degrading comments by HEKHS employees), harrasment, interference with legal counsel, unnecessary confinement, subjecting to second hand cigarette smoke and marijuana,  it is now Thursday and I’ve heard nothing.  I can only hope that it is being seriously considered.

On Mother’s Day I was allowed to visit Bill in the parking lot of NEKHS where of course video taping is forbidden.  Bill’s Grandfather,  Terry Gilman, his brother Nate Bennett, sister Amber Bennett, and Bill’s Father Patrick Bennett were supervised by four NEKHS Employees.

When I asked at a “Team Meeting” which included NEKHS and DAIL why my son was being subjected to two Staffers following him at all times, I was told that it was so they could witness for each other.  When I asked why my son is not being allowed to have a low fat diet as recommended by his doctor, I was told by Kath Aiken (who’s face contorted like a hideous sneering animal) that “it’s  a recommendation, not a doctor’s order, so we don’t have to”. Clearly if there is any way possible, legally or illegally, to deny my son the most basic human kindness NEKHS will.  When asked what was being done about Terri Moore the employee who made a disgusting sexual comment to my son which I consider sexual abuse, I received a non answer from Dixie McFarland.  Before the meeting ended I could see my daughter Ambers’ discomfort at sitting next to the Venomous Kathy Aiken, “Program Manager” who is at the center of many of the videos I have yet to put up on the blog.  Afterward Amber, who was sitting between Aiken and her brother said the only reason she didn’t move to the other side of the room was that Bill would have been left with nobody between him and the clearly hostile Aiken. And why can’t my son go buy some saline solution for his inflamed sinuses, oh yeah, I remember, because we can’t make them.

On 8/5/ I posted a video of case worker, Tammy Crowe trying to get me to sign releases of information without my son’s attorney looking them over.  Remember now, there are several court proceedings pending and we are in a adversarial relationship with this Agency and DAIL.  Well on Monday 5/9 in a more aggresive attempt to get the my son’s records, Jerry Laike, a “Public Safety Specialist” (PSS) big man with  a history in corrections showed up at Bill’s (independent) psychologists office, along with Kathy Aiken and Rick Devost demanding to have access to Bill’s records.  Bill’s psychologist, not a big man, but a good man, stood with Laike towering over  him trying to intimidate him.  Bill’s therapist calmly informed Mr Laike that he would need a specific court order to release Bill’s records without his consent.  The three stooges sat in the waiting room through out Bill’s whole session talking in voices loud enough that they could be heard through the doors and over the noise maker.  Upon leaving Mr Laike pounced on the therapist once again.  These people have been emboldened through successful dominance of the  court system and legislation.  While tax payers are being crushed under the weight of more taxes to pay thugs like these to harass disabled men, our legislators are seemingly unaware or unconcerned.

The Commissioner of DAIL personally is holding my right to see my son over my head in an attempt to get me to sign a document that states “my son is a sex offender”.  I was presented with the document by Heather Allin another PSS on Tuesday at the so-called Team Meeting.  Bill’s brother, sister and father sat and witnessed the corrupt and devious “Human Services of Vermont”.  I did not sign the statement so my son remains separated from his family.

There is a serious movement in this country to broaden government ability to civilly commit people under the guise of “Risk to Public Safety”, a term which makes the public feel safe.  It’s like “Threat to National Security” makes you feel secure, right?  Let us not forget history.  We are clearly a country in decline, when government has such broad powers to deny individual citizens the rights granted by our constitution we are no longer a free country.  Please read a famous statement attributed to Pastor Martin Niemöller (1892–1984) about the inactivity of German intellectuals following the Nazi rise to power and the purging of their chosen targets, group after group.  First the Came for the communists………………trade unionists…………..Jews.  And we all know they came for the “Retards”

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?

Tammy Crowe, Case Manager, Withholds Client’s Inhaler

“Safe Choices”, Northeast Kingdom Human Services Case Manager withholds Bill Bennett’s Inhaler, refuses to let him carry it on his person, forget to bring it to his exercise class and try to say it’s because I didn’t sign a release they never sent me.  Instead of being concerned about the danger to him,  the case manager, Tammy Crowe coolly shrugs it off.  they clearly know they can get away with any form of abuse.  They clearly feel certain they are above accountability.  And why wouldn’t they? This has been going on for years.

How much more does this state government need to see?   This is brutality, medical abuse, emotional abuse, intimidation, Harassment through the courts, abuse of power, Medicaid fraud, human rights violations, reckless endangerment.

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.