Vol. 35 No.44
       ©2007 Marianas Variety
Wednesday, May 16, 2007 www.mvariety.com
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GovGuam submits amended permanent injunction in disability case

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 GovGuam’s 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 government’s 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.”