By Gina Tabonares
Variety News Staff

FACED with a renewed call for contempt, the government of Guam hired a private law firm in a court battle to thwart federal receivership of its two line agencies that handles individuals with disabilities.
GovGuam hired the services of Mair, Mair, Spade & Thompson to represent Gov. Felix Camacho, Director Roseanne Ada of the Department of Integrated Services for Individuals with Disabilities (DISID) and Dr. Andrea Leitheiser, Acting Director of the Department of Mental Health and Substance Abuse.
Camacho, Ada and Leitheiser are sued in their official capacity in relation to the consolidated civil cases filed by four persons with disabilities: J.C., S.F., J. M. and R. A.
The government officials who used to be represented by the Office of the Attorney General is facing a renewed call of the plaintiff to held the defendants in contempt after GovGuam failed to comply with the District Court order and a stipulation made by the plaintiff and the defendants.
The Guam Legal Services Corporation representing the plaintiff filed a motion for order to show case in contempt before the District Court of Guam on March 26, 2007.
According to the plaintiff, GovGuam did not accomplish any timelines to achieve incremental steps in improving the services of DISID and DMHSA.
Based on the stipulation the parties made, GovGuam should formulate an amended comprehensive implementation plan to address the minimum care requirement wherein the administration will utilize the Joint Commission of Accreditation of HealthCare Organizations (JCAHO) as a barometer and obtain accreditation.
However, the plaintiff stated that deadlines have come and gone but the GovGuam continued to fail in meeting the agreed deadline to made the changes.
For the submission of the Amended Comprehensive Plan alone, the plaintiff said that the GovGuam is overdue by some 270 days.
The plaintiff reiterated that because of GovGuam’s non-compliance, persons with disabilities in Guam receive no appropriate care which further deteriorates their physical and cognitive abilities, would increase hospitalization, potential homelessness and incarceration.
On August 11, 2005 visiting Judge Consuelo B. Marshall gave GovGuam 60 days to complete the implementation of several plans aimed to provide "a safe and humane environment for individuals with disabilities."
The court earlier warned the local government of federal receivership after DMHSA and DISID missing a deadline last year to improve its services.
On Oct. 11, GovGuam submitted it’s finalized three plans: a comprehensive implementation plan to develop community services, policies and procedures for changes in community placement; the return of individuals to the Department of Mental Health's Adult Inpatient Unit, and the implementation of minimum care requirements was forwarded to the Office of the Attorney General who in turn submitted a copy to the federal court.
A permanent injunction was imposed against DMHSA and DISID after a person with disability filed a complaint against the two agencies for its failure to provide "a safe and humane environment for individuals with disabilities."
The permanent injunction also prompted the governor to issue an emergency declaration and asked the legislature to appropriate $3 million to enable the DMHSA and DISID to comply with the federal court’s requirements.