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By Gina Tabonares
Variety News Staff
LOCAL government officials
who are defendants in a permanent injunction imposed to improve the services
for persons with disabilities asked the court anew to modify some provisions
of a 2005 stipulation.
David Mair, counsel for Gov. Felix P. Camacho, Department of Integrated
Services for Individuals with Disabilities director Roseanne Ada and Department
of Mental Health and Substance Abuse acting director Andrea Leitheiser,
submitted a proposed amended permanent injunction before the District
Court of Guam.
Camacho and the directors of DISID and DMHSA were sued by four persons
with disabilities for GovGuams failure to improve the services for
at least 200 persons with disabilities on the island.
The plaintiffs, through their lawyer, Daniel Somerfleck of the Guam Legal
Services Corp.,, renewed their petition to hold DISID and DMHSA in contempt
for the local governments failure to comply with court orders for
over 20 years.
The latest proposed amended permanent injunction was the second amended
stipulation which the defendants lawyer said has provisions that
have proven to be onerous and unworkable.
The amended permanent injunction issued on June 30, 2005 established deadlines
for the local government to meet for the following key events:
a) the submission of a proposed system for implementation of a prioritized
waiting list for services, including residential placement;
b) the development and submission of a comprehensive implementation plan
to develop community services and support that would ensure the placement
of plaintiffs in appropriate living situations outside of the Adult Inpatient
Units;
c) the development of policies and procedures, including grievance procedures,
and;
d) the development and submission of a plan to implement minimum care
requirements.
Mair stated in their latest motion that the stipulated deadlines are almost
impossible to comply with and asked to amend stipulation to reflect
realistic time frames as concluded by independent experts.
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