By Gina Tabonares
Variety News Staff

CALLS for federal receivership of the Department of Integrated Services for Individuals with Disabilities, or DISID, and the Department of Mental Health and Substance Abuse, or DMHSA, were revived after lawyers involved in a case filed by four individuals with disabilities signed a new court stipulation.
GovGuam lawyer David Mair and Daniel Somerfleck of the Guam Legal Services Corp. signed the stipulation as ordered by the District Court of Guam to specify separately each issue that remains to be determined at a hearing.
However, the court has yet to decide on GovGuam’s motion to modify the already amended provisions of a 2005 permanent injunction to improve the services of DISID and DMHSA.
With the instant stipulation, Somerfleck, who represents the four plaintiffs with disabilities, stated that a receiver should be appointed to take over DMHSA and DISID.
The plaintiffs asked the court in 2005 to consider putting the local government agencies under receivership should they fail to comply with new deadlines.
Judge Consuelo B. Marshall noted on Aug. 11, 2005 that it was not the appropriate time to discuss the issue but the court did say that it would consider any and all sanctions deemed appropriate should the defendants fail to comply with the deadlines.
The government attorney, however, said if the plaintiffs believe that a receiver should be appointed, then they must file a separate formal motion requesting one so that they can respond to the motion and present evidence on the subject.
The parties are still in contention on several issues like the wait list and grievance procedures for the local government’s failure to meet the deadlines and requirements set forth in the earlier permanent injunction, according to Somerfleck.
The plaintiffs reiterated GovGuam officials’ failure to submit on a timely basis a plan to implement minimum care requirements either to the special master or the plaintiffs for their respective approval.
The plaintiffs added that GovGuam’s failure to develop or submit a court-ordered amended comprehensive implementation plan which was due on July 1, 2006 resulted in the first finding of contempt.
Mair, however, argued that they filed a proposed Comprehensive Implementation Plan which was conditionally approved by the plaintiffs.
The defendants’ lawyer added that the amended comprehensive implementation plan is dependent upon the results of the data obtained from the Silverlake MDTT evaluations and resulting reports.
The defendants have not yet developed or submitted an amended comprehensive implementation plan, according to Mair.
Somerfleck said the deadline for submission of the amended comprehensive implementation plan was passed almost a year ago.
“Despite the promise from defendants to have an amended comprehensive plan by the end of Nov. 2006, defendants now claim that the present inertia is warranted because they need the finished compendium of MDTT evaluation reports before making the plan,” Somerfleck added.
Gov. Felix P. Camacho, DISID director Roseanne Ada and DMHSA acting director Andrea Leitheiser submitted a proposed amended permanent injunction before the District Court of Guam.
Camacho and the two directors were sued by four persons with disabilities for their failure to improve the services for at least 200 persons with disabilities on the island.
The GovGuam attorney proposed an Aug. 21, 2007 hearing date for their motion to modify the amended permanent injunction.