Approval Sought for Greene Valley Replacement Beds

By Walter F. Roche Jr.

A state agency is being asked to approve at least 14 new group homes to house the remaining residents of the state run Greene Valley Development Center, which is under a federal court closure order.
A review of applications pending before the state Health Department shows one provider alone, Open Arms Care, already the largest provider of services to the mentally and physically disabled in Tennessee, is seeking approval to build nine new facilities. Each would house four current residents of state run Greene Valley.
Under state law applicants for most new health facilities must seek approval from the state Health Department for a certificate of need as part of the licensing process. 
The applications for those certificates show that none of the new facilities are expected to be completed by June 30, 2016, the date originally set for the complete closure of Greene Valley.  In fact a state panel will only begin consideration of the applications next month.
Officials of the state Department of Developmental and Intellectual Disabilities, which runs Greene Valley, recently conceded that the June 30 shutdown date was unlikely to be met and funding would be necessary to keep Greene Valley in operation.
Cara Kumari, a DIDD spokeswoman, said that all of the beds in the pending applications are earmarked for specific current Greene Valley residents.
"These providers were chosen by people living at Greene Valley and their conservators," Kumari wrote in a written response to questions.
She said the agency set up fairs for entities willing to provide services so they could meet with families of Greeneville residents and interested parties and arrange agency tours "to ensure families had all the information they needed to make an informed decision."
"All of these beds have been currently claimed by a person leaving Greene Valley," Kumari added.

While June 30, 2016 was the agreed closing date under a federal court decree, the estimated opening dates, according to the pending applications stretch to November of 2016 and beyond.
In addition the number of beds sought in the pending applications falls short of the estimated 75 current Greene Valley residents who have opted to move to these four bed facilities. According to filings with the state health agency, 45 of the 75 have indicated they wish to remain in Greene County.
The estimated daily charges for each resident, according to the applications, are slightly under $800. That would mean an annual cost of nearly $300,000 for each of the 75 residents
In addition to Open Arms, a nonprofit incorporated in Georgia, applications have been submitted by D & S Residential, a Texas firm, and Sunrise Community of Tennessee, a subsidiary of a Florida firm.
While Sunrise does currently operate in Tennessee, D & S does not.
Open Arms is seeking approval to open three facilities in Greene County, four in Knoxville and two in Georgetown, Hamilton County.
Two of the Open Arms facilities would be located on East Church Lane in Greeneville and one on Chuckey Pike in Chuckey. However the application for the Chuckey Pike property contains legal documents relating to the Church Lane property.
The Georgetown homes are slated be located on Gamble Road, while the Knoxville homes will be built on Bishops Bridge Road and Northshore Drive.
Although Open Arms is a non profit, the application shows the management of their homes will be performed by a separate firm, Integra Resources LLC. Integra, which is not a non-profit,  is owned by the SMI Group and Flatrock Investors.
SMI is owned by George Stevens and Jeffery Mastroleo, while Flatrock is owned by Joseph Torrence and Richard L. Brown, the application states.
Integra is the same company that bought 32 group homes from Open Arms in May of this year for $11.5 million, according to the application files.
Open Arms won't actually own the new homes either, but a separate non-profit will rent them.
Sunrise, meanwhile, has applied to open a four bed home at 680 Quaker Knob Road and 640 Old Shiloh Road in Chuckey
D & S is seeking to open homes on Erwin Highway in Afton and Old Stage Road in Greeneville.
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PROPOSED HOME LOCATIONS

Open Arms Care Corp.

1817 Bishops Bridge Road Knoxville
12621 South Northshore Drive Knoxville
Chuckey Pike Chuckey
East Church Road Greeneville
 --------------------------------------------------
Sunrise Community of Tennessee

680 Quaker Knob Road Chuckie
640 Old Shiloh Road
--------------------------------------------------
D & S Residential

2609 Erwin Highway Afton
2619 Erwin Highway Afton
Old Stage Road Greeneville

Metro Still Liable in Conservatorship Cases

By Walter F. Roche Jr.

A specially appointed judge has formally ruled that Metro government can be held liable for losses in conservatorship cases in which court officials failed to perform their duties, including the monitoring of actions by court appointed conservators.
The two-page ruling was filed this week in Davidson Circuit by Senior Judge Ben H. Cantrell, who was assigned the case after other judges recused themselves.
The ruling means that suits filed in behalf of victims of former Nashville attorney John E. Clemmons can seek recovery of some of their losses from Metro government.
Though Cantrell only formally filed the denial order this week, it stems from a hearing held nearly a year ago.
Cantrell rejected claims by Metro attorneys that the government was immune from the claims under the public duty doctrine and other factors.
Cantrell wrote that lawyers for the victims "adequately allege they were owed special duties... Plaintiffs ultimately suffered a special injury not common to the public at large."
He also rebuffed Metro's claims that court officials were immune from suit because they were performing quasi-judicial functions.
Though the formal ruling was filed this week, Gontarek said the judge had indicated he was going to reject the Metro motions at a Nov. 4, 2014 hearing.
The suits stem from actions by Clemmons, who had been appointed as a conservator and later estate administrator for Nashville area residents. Clemmons pled guilty to charges that he stole more than $1 million from persons he was entrusted to protect.
He is currently serving a 16 year prison sentence.
The suits were filed in behalf of the estate of William C. Link  and Donald E. Griggs. Griggs conservatorship has been taken over by Nashville attorney Paul Gontarek. Patrick Mason, a Memphis attorney, has also been involved in attempts to recover money from Metro.
The suits contend that if Davidson Probate Court officials had been performing their jobs, they would have detected Clemmons' actions and stopped the thefts.
Clemmons has admitted to the theft of $172,506 from Griggs and $771,009 from Link.
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Default Judgments Granted in Conservatorship Cases

By Walter F. Roche Jr.

A Davidson probate judge has issued default judgments against disbarred Nashville attorney John E. Clemmons after the now imprisoned lawyer failed to respond to charges that he stole nearly $1 million from two of his clients.
Paul Gontarek, who was appointed to take over the cases from Clemmons, said that the default judgments were issued by Probate Judge David "Randy" Kennedy following a hearing late last week.
The next step, Gontarek said, will be to determine the actual damages and then try to locate any assets.
He said that will include reviewing the facts involved in the sale of two Goodlettsville properties sold by William C Link. Clemmons, court records show, has admitted to stealing some $771,009 from the Link estate.
A relative of Link's, Elaine Dismang, has raised questions about the two property sales charging that they were sold at less than their full value. She also stated that her research showed Link never actually signed the deeds relinquishing the properties.
Davidson property records show the homes at 4881 Lickton Place and 2405 Crocker Springs Road were sold by Link in April of 2000, some months before he was placed in a conservatorship.
Other records, however, show that  Clemmons, who first served as Link's conservator and then the administrator of his estate, did sell several Link properties after Link's death in early 2003.
The properties, also in Goodlettsville, were all  sold in early 2005 for prices ranging from $20,000 to $134,348.
The second default judgment was issued by Kennedy in the case of Donald E. Griggs. Clemmons has admitted to stealing $172,506.35 from Griggs while serving as Griggs conservator.
In seeking the default judgments Gontarek charged that Clemmons "failed to appear, plead or otherwise defend against the amended complaint."
The petition states that Clemmons "converted assets to his own use and benefit through dominion and control in defiance of the rights of the beneficiaries."
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Metro Lawyers Abruptly Drop Consolidation Motions

By Walter F. Roche Jr.

Without explanation, Metro government has abruptly dropped attempts to consolidate cases stemming from the theft of some $1 million by a disbarred and currently imprisoned Nashville attorney.
In motions filed this week, Metro lawyers asked to withdraw pending motions to merge two cases now in probate court with separate but related suits in circuit court.
All four cases stem from the admitted theft by John E. Clemmons in probate cases in which he had been charged with safeguarding their funds.
The opposing attorney, Paul Gontarek, had countered charging that the consolidation would only further slow the process of winning some restitution for the victims, the estate of William C. Link and Donald Griggs, who was placed in a conservatorship under Clemmons.
Gontarek, who was named as Clemmons' successor in both cases by Probate Judge David "Randy" Kennedy,  had filed motions in the two probate cases to have Clemmons declared in default for not  even responding to the suits
Gontarek said in his latest motion that keeping the cases in probate court would not increase Metro's potential liabilities, $505,907.19 in the Link case and $157,050 in the Griggs case.
Clemmons has admitted to stealing $771,009 from the Link family and $172,506.35 from Griggs. He also entered guilty pleas in two other theft cases, one in Davidson County and the other in Rutherford County.
Overall he admitted to stealing well over $1 million.
With the Metro motions withdrawn, default judgments are likely to be issued against Clemmons and Gontarek has stated he will then seek to find any available assets.
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Saturday, August 15, 2015

Default Judgments Sought In Probate Cases

By Walter F. Roche Jr.

A court appointed attorney is asking a Davidson Probate judge to issue default judgments against John E. Clemmons, a disbarred Nashvil

Attorney Says Victims of Jailed Lawyer Have Waited Too Long

By Walter F. Roche Jr

Victims of a jailed and disbarred Nashville attorney have waited long enough for a chance to recoup nearly $1 million stolen from them, according to the lawyer for two of those victims.
In motions filed Monday in Davidson Probate Court, Paul Gontarek charged that an attempt by Metro government to have the cases transferred to another judge would lead to inevitable delays and additional costs.
Citing the "criminal actions" of disbarred lawyer John E. Clemmons, Gontarek wrote, "There is no reason to delay the process further."
The filings in the cases of the estate of William Link and the conservatorship of Donald Griggs come nearly two years after Clemmons was sentenced to an 18-year jail term after pleading guilty to charges he stole from the very clients - including Link and Griggs -he had been appointed to protect.
Gontarek, who was named as Clemmons' successor in both cases by Probate Judge David "Randy" Kennedy,  had filed motions in the two probate cases to have Clemmons declared in default for not responding to the theft charges.
Metro lawyers, however, countered with a motion to have the cases transferred to a senior circuit judge who is hearing separate cases Gontarek had filed against Metro government itself. In those cases he charged that had Metro officials done their jobs of overseeing the two cases, the thefts could never have occurred.
In the motions filed this week Gontarek argued  that sending the probate cases to another judge, Senior Judge Ben Cantrell, in another court, Davidson Circuit, would lead to delays because the other judge would have to familiarize himself with the cases.
Instead, Gontarek urged the court to go ahead and act on his pending motions to have Clemmons declared in default and then assess damages.
"The sooner a damages hearing can be held, the sooner Mr. Gontarek can begin to identify possible assets owned by Mr. Clemmons."
Gontarek said in his motion that keeping the cases in probate court would not increase Metro's potential liabilities, $505,907.19 in the Link case and $157,050 in the Griggs case.
Clemmons has admitted to stealing $771,009 from the Link family and $172,506.35 from Griggs. He also entered guilty pleas in two other theft cases, one in Davidson County and the other in Rutherford County.
Overall he admitted to stealing well over $1 million.
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Default Judgments Sought In Probate Cases

By Walter F. Roche Jr.

A court appointed attorney is asking a Davidson Probate judge to issue default judgments against John E. Clemmons, a disbarred Nashville lawyer who is serving a lengthy prison sentence.
Motions filed Friday in Davidson Probate Court charge that Clemmons misappropriated nearly $1 million in two cases.
The motions filed by Paul A. Gontarek also seek the imposition of punitive damages.
Gontarek was appointed to takeover the two cases after Clemmons entered guilty pleas to charges that he stole money from several persons while serving as a conservator.
Clemmons was sentenced to a total of 18 years in prison and is now serving out that sentence at a state correctional facility in Clifton, Tenn.
According to court filings, Clemmons admitted to stealing $771,000 from the estate of William Link and $172,506 from Donald Griggs. Clemmons had been appointed as a conservator for Griggs.
The Gontarek motion in the Link case charges that Clemmons engaged in "egregious misconduct" when he "converted the estate assets to his own use and benefit through dominion and control in defiance of the rights of the beneficiaries of the estate."
In the Griggs case Gontarek noted that Clemmons, despite being served with the complaint "failed to appear, plead or otherwise defend against the complaint."
In addition to the Link and Griggs' cases, Clemmons entered guilty pleas in two other cases, one in Davidson County and the other in Rutherford.
A hearing on the motions has been scheduled for Aug. 28 at 10 a.m. before Probate Judge David "Randy" Kennedy.
Gontarek is also seeking to recover money from Metro government, charging that had court officials properly monitored the cases, Clemmons would not have been able to extract the money. Metro recently asked the court to consolidate some of those cases.
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Metro Seeks To Merge Suits Over $1 Million In Thefts

By Walter F. Roche Jr.

Metro government is seeking to merge suits filed in the aftermath of the theft of some $1 million from two local residents whose finances had been entrusted to a court appointed attorney.
In motions filed this week in Nashville Probate Court, Metro attorneys have asked that four pending suits be merged into two.
All four suits came in the aftermath of disbarred Nashville attorney John Clemmons' guilty pleas to charges that he stole over $1 million from wards whose finances had been entrusted to him in Davidson Probate Court.
Two of the suits are focused on the estate of William C. Link, from who Clemmons has admitted stealing some $771,000. One suit was filed directly against Clemmons while the second names Metro as the defendant.
That second suit charges that the thefts could never have happened if Davidson Probate Court officials had performed their duties in overseeing Clemmons' action.
Parallel suits have been filed for Donald Griggs. Clemmons has admitted stealing $172,506 from Griggs while serving as his conservator.
In the Wednesday filings, Metro lawyers have argued that merging the two Link cases into one would conserve time and effort.
"Instead of digging into these issues twice in two different courts, this entire litigation can proceed simultaneously," the motion states.
Metro attorneys said in their motions that all four suits raise the same basic question: who must pay the damages.
Paul Gontarek, who filed the original suits, said that he is still reviewing the filings and has not yet decided on a response.
In both sets of cases, records show, recovery directly against Clemmons is regarded as doubtful. Clemmons is serving a lengthy prison sentence of up to 18 years as a result of his guilty pleas in four different cases.
Under Metro's motions, the merged suits would be heard by Senior Judge Ben Cantrell. Davidson judges previously recused themselves from the cases.
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Homeless Man Moved From Hospital to Group Home

By Walter F. Roche Jr.

A 63-year-old Nashville man,  who has been homeless for two decades, has been transferred from Vanderbilt University Hospital to a group home under the provisions of a new state law governing conservatorships.
Court records show Ronald Carter, who had been a patient at Vanderbilt for over a month, was sent to a group home by a court appointed fiduciary following a recent hearing.
The court was acting on a petition filed by Vanderbilt seeking to have Carter discharged over his objections.
Probate Judge David "Randy" Kennedy also issued an order in mid-July appointing Carter's brother and sister as co-conservators.
The relatives were located, according to court filings, by Anthony Burns, who had been appointed by Kennedy to serve as Carter's healthcare fiduciary. Vanderbilt had stated in its filing that Carter's relatives could not be located.
The petition is one of several to be filed by local hospitals following the passage of a new conservatorship law in 2013. A last minute addition to that law carved out a special process for hospital administrators to seek the discharge of patients that they believed no longer needed hospitalization but lacked the capacity to make such a decision.
Records show most of the patients who have become subjects of the petitions are homeless.
Though the law only provides for a temporary conservatorship in such cases, Carter was eventually placed in a permanent conservatorship because of his condition.
Court records show Carter was admitted to Vanderbilt on April 26 for treatment of pneumonia. It was his fourth admission in the prior year.
In its original petition Vanderbilt attorneys said Carter was in need of a temporary conservator because his cognitive functions were "severely impaired."
In addition to Burns, Kennedy appointed April Jackson to act as an advocate for Carter.
Both Jackson and Burns have submitted bills for their services which, according to a ruling by Kennedy, will be charged to Vanderbilt. Burns submitted a bill for $3,075, while Jackson sought $2,045. Both charged $150 an hour.
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Titan Kicker's Estate File Sealed From Public View

By Walter F. Roche Jr.

The court papers disclosing details of a distribution plan for some $3 million in assets from the estate of former Titans kicker Rob Bironas have been sealed from public view.
The case file was apparently sealed Tuesday less than a week after Bironas' heirs had asked the Davidson Probate Court to approve the distribution plan and also seal it from public view.
The petition cited confidential and personal information in the filing as justification for sealing the record. Also cited was the fact that one of the heirs, Bironas son London, is a minor.
The other heirs are Bironas wife, Rachel Bradshaw and members of her family. Rachel is the daughter of Terry Bradshaw, the former Pittsburgh Steelers quarterback and current television commentator.
Prior to the sealing the court filings state that there was a dispute between Rachel and the other heirs over some aspects of the distribution and administration of the estate.
Bironas died Sept. 20, 2014 after his truck, traveling at more than twice the speed limit careened off a road near his home striking a tree.
An autopsy showed his blood alcohol level was 0.218 percent, double the legal limit. He was released by the Titans in 2014 ending a nine season pro career.
The now sealed file shows the vast majority of the estate assets will be shared by London and Rachel.
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Family Seeks to Seal $2.8 Million Bironas Estate Settlement

By Walter F. Roche Jr.

The family of former Tennessee Titans kicker Rob Bironas is asking the court to keep secret the details of a $2.8 million settlement of a dispute over the distribution of his estate.
In a suit filed recently in Davidson Probate Court in Nashville, Tenn., Bironas' family is asking the court to approve  a distribution agreement for Bironas' assets but also to seal the records of the case because the filing includes sensitive personal information and also involves his son London, who is a minor.
Primary heirs of the estate are London and Rachel Bradshaw Bironas, Rob Bironas' widow. Rachel, the records show had earlier objected to a distribution plan for the estate assets.
Bironas died in a Sept. 20, 2014 single vehicle crash on Battery Lane, not far from his home.
Witnesses said his truck was observed traveling at a high rate of speed shortly before it left the road and struck a tree. Police later reported he was traveling 73 mph, double the speed limit at the location.
A subsequent autopsy concluded he was legally drunk with a blood alcohol level of 0.218 percent. The legal limit was 0.08.
He was 36 at the time of his death. He had been  released by the Titans earlier that year ending  a nine season career.
In the suit filed June 18, Bironas' family including the legal guardian of his son London, asked the court to approve the agreement which calls for the distribution of several million dollars worth of assets.
Though the family attorneys asked that the court filings be sealed because a minor was involved in the case, that sealing motion has yet to be acted on.
The petition states that sealing is justified in that it contains "sensitive and private information."
Paul Gontarek, one of the attorneys for Rachel Baronas, said he could not comment when asked to detail his client's objections to the distribution plan.
The lawyer for other Bironas family members could not be reached for comment.
The suit states that "a dispute has arisen among the petitioners regarding the distribution and administration of the assets."
 It asks that the proposed settlement and accompanying administrative plan be approved because it is "fair and reasonable."
A copy of the proposed distribution calls for London to receive $9,000 a month for 90 months, to be followed by $4,000 a month indefinitely.
The  disputed agreement also calls for Rachel to vacate the family residence by May 24 of this year.
Assets of the estate, according to the records, include $523,068 in a savings plan, $445,881 in an annuity plan, $1.6 million from a life insurance policy and $32,000 from another life policy.
Under the settlement Rachel and London will share a $195,443 retirement account, while the $523,068 savings plan and the $445,881 annuity plan will go to Rachel alone.
A $1.6 million insurance policy will be shared by London, Rachel and other members of the Bironas family.
All together the estate assets total an estimated $3 million.
Baronas' actual estate and a 13-page will was previously filed in a separate case in the same court.
Filed by his father Larry W. Bironas, the estate petition includes the will calling for all the assets to be distributed to the Gateway Promise Revocable Living Trust. The assets to be distributed under the settlement would come from that trust.
An amended claim against the estate for $294,909.51 has been  filed by First Tennessee Bank.
The will, according to the filings, was prepared on Feb. 25, 2009, which preceded his marriage to Rachel. Rachel and the former NFL star had signed a pre-nuptial agreement, the filing states.
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Homeless Nashville Man Placed in Conservatorship

By Walter F. Roche Jr.


Ronald Carter, a 64-year old homeless Nashville man, has been a patient at the Vanderbilt University Medical Center for well over a month but the health care facility has initiated legal action that could soon bring about his forced discharge.
Carter, according to court filings, was admitted to the facility on April 26 suffering from pneumonia. He had prior admissions at Vanderbilt in June, October and November of last year, records show.
John Howser, medical center spokesman, said in a Friday email response to questions that Carter was a Vanderbilt patient and that his current condition was stable.
He said that privacy laws barred him from releasing additional information. 
 The legal action initiated by Vanderbilt on May 28 was made under the provisions of a new law passed by the General Assembly in 2013 which made a series of changes in the state statutes governing conservatorships. Most of  the changes had been recommended by the Tennessee Bar Association following a series of statewide hearings.
It was a last minute amendment to that bill, however, that gave health care facilities a special route to seek the discharge of patients on an expedited basis.
Court records show that almost immediately after the new law became effective Nashville area hospitals, including Vanderbilt,  began filing petitions to have temporary healthcare conservators appointed for some of their patients. The majority of those patients were homeless and nearly all were subsequently discharged to nursing homes and other health care facilities.
In its petition filed by attorney Monica Edwards, Vanderbilt stated that their social workers believed Carter had been homeless for 20 years and, though he had said he had relatives in Tennessee, he gave no information about their whereabouts. Nor could Vanderbilt locate any relatives.
Stating that Carter's cognitive function is "profoundly impaired," the hospital center said that an emergency conservator was needed to arrange for his discharge or transfer.
The filing states that on one of his prior visits to the emergency room, Carter was brought to the facility by a nurse for the Room in the Inn, a Nashville center for the homeless.
Inn officials did not immediately respond to requests for comment.
Probate Judge David R. Kennedy appointed April Jackson to serve as Carter's attorney ad litem or advocate and she subsequently filed a motion to require that Carter be allowed to attend a June 3 hearing on whether the conservatorship should be extended.
Records indicate the hearing was then transferred from the courthouse to the medical center.
Following the hearing Kennedy issued a ruling in which he acknowledged that Carter and Jackson opposed the extension, but he concluded that continuation of the conservatorship was appropriate.
Jackson, declined to comment and Edwards did not respond to a request for comment.
Anthony Burns, who was appointed as Carter's emergency temporary healthcare fiduciary also did not respond.
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Juvenile Court Judge to Handle Guardianships for Undocumented Youths

By Walter F. Roche Jr.

Acknowledging there is widespread confusion among her colleagues across the state, Davidson Juvenile Court Judge Sheila J.P. Calloway says she and her staff are gearing up to handle an upsurge of guardianship cases for undocumented minors.
Calloway said the confusion and disagreement among judges across the state was apparent during a recent conference of the Tennessee Council of Juvenile and Family Court Judges.
Calloway said that while she and others had hoped the conference would lead to clarity, participants seemed even more confused and conflicted after the session.
"I'm not sure any of us came up with a clear picture," Calloway said in an interview.
The confusion and disagreements come as Tennessee courts are seeing an upsurge of cases for minors who have fled central American countries seeking legal refuge in the United States. In two recent cases handled by Calloway, two cousins from Honduras were apprehended as soon as they crossed the border.
Several cases have been filed in Calloway's court and many were transferred to her after first being filed in Davidson Probate Court.
Calloway said that is in contrast to what she experienced during the nine years she served as a magistrate in the same court and saw no such cases.
The guardianship cases were filed as a first step in a process that could lead to special citizenship status for the minors.
For her part Calloway said that at least for now she will handle the petitions directly rather than having the cases initially assigned to one of several magistrates on the court.
"It will help us get a better handle on the situation" she said.
"We're still trying to work out a process," she added.
Calloway already has approved two guardianship petitions for youths who were about to turn 18.
Lawyers for those youths who are seeking "special status" under federal immigration laws say the guardianship is a necessary first step in what is likely to be a long bureaucratic process.
The recent spurt of Tennessee cases follows a state attorney general's ruling last year, in which he concluded that the guardianship petitions for undocumented minors could be heard either by probate or juvenile court judges.
Calloway said that recent actions by the Obama administration on immigration may be a factor in the decision of some undocumented aliens "to come out of the shadows."
In the most recent case Galloway granted guardianship of Fredy Osmaro Orellana to his paternal aunt.
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Greeneville Closure Approved

By Walter F. Roche Jr.


A federal judge has approved a plan to permanently close the Greene Valley Developmental Center and place its 96 current residents in smaller community facilities.
In a 13-page order issued Thursday, U.S. District Judge Kevin H. Sharp also rejected a last minute effort by relatives of some of the current residents to keep the facility open.
The judge approved the exit plan submitted jointly by the state and the groups that originally filed the federal lawsuit. The plan calls for the closure to be completed by June 30, 2016.
Stating that he would not allow "perfect to be the enemy of good," Sharp concluded that the exit plan was "fair and appropriate."
He noted that the plan includes provisions requiring the state Department of Intellectual and Developmental Disabilities to draw up individual plans for each of the residents. It also requires that the state make refinements to protocols for the use of psychotropic medications and to provide for behavorial respite and crisis prevention services.
The judge also noted the high cost, $1,361 per resident per day, of keeping the center open.
He said disapproval of the plan would result in further litigation setting all parties "many steps back."
He rejected the pleas of the relatives and conservators of some current residents who had charged that they only got last minute notice of the closure agreement.
Sharp noted the litigation dates back nearly two decades and said the relatives and conservators failed to meet four criteria needed to qualify.
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Honduran Youth Gains Victory in Guardianship Case

By Walter F. Roche Jr.

In a major victory on the eve of her 18th birthday, a youth who fled from Honduras after being abandoned and abused, has been placed under the guardianship of her mother, who lives in Nashville.
In a three-page order issued Tuesday, Davidson Juvenile Court Judge Sheila J.D. Calloway granted a petition placing Gracibel Pineda Orellana under the guardianship of her mother, Iris Yolanda Orellana Varela.
Gracibel's birthday is Wednesday and her lawyer said it was critical that the petition be acted upon before she reached 18.
The guardianship is regarded as a crucial first step in a lengthy process that could avert deportation.
The order came following a sometimes tearful hearing in Calloway's Nashville courtroom.
Gracibel and her mother still face further hearings in Davidson courtrooms and a long process with federal immigration officials will follow.
Gracibel and her cousin fled Honduras in May, but were quickly apprehended by U.S. Homeland Security agents after crossing the border. She was turned over to her mother, but faces a hearing in May in Memphis, which could lead to deportation.
Thomas J. Brown, the attorney for Varela, first filed a guardianship petition in Davidson Probate Court, but Judge David "Randy" Kennedy ruled that he did not have the legal authority to act on the petition despite a recent ruling to the contrary by then state Attorney General Robert Cooper.
Kennedy transferred the case to Juvenile Court. A court official wrote in an email that state law gives Juvenile Court exclusive jurisdiction in cases of abandonment and neglect involving minors.
Though first rebuffed in Juvenile Court, Brown sought and obtained an emergency hearing before Calloway.
In the order Calloway concluded that there was "clear and convincing evidence" that Gracibel was in need of a guardian and that her mother was "the appropriate person to be appointed."
She also concluded that it was in the child's best interest to remain in the United States and reunification with her father in Honduras "is not viable due to abandonment."
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Court Official Defends Transfers of Petitions for Undocumented Minors

By Walter F. Roche Jr.

A Davidson court official says a state law requires that guardianship petitions for undocumented alien minors claiming neglect or abuse be handled by the juvenile courts and not probate court.
Tim Townsend, trial court administrator, said in a statement issued Tuesday that the recent transfer of several cases of undocumented juveniles seeking guardianship was legal and proper.
He was reacting to statements by Nashville attorney Thomas J. Brown, who questioned the transfer of two cases filed in behalf of two minors who fled Honduras and came to live with a relative in Nashville.
Citing a recent advisory opinion by then Attorney General Robert Cooper, Brown said that he believed the probate court did have the authority to handle the cases.
Citing a state law, Townsend wrote in an email that "Juvenile Court has exclusive jurisdiction over
proceedings in which a child is alleged to be 'dependent or neglected.'"
He said that was the case regardless of the citizenship status of the child.
Townsend added that other types of guardianship cases are routinely handled by Probate Judge David "Randy" Kennedy.
"To the extent any guardianship case filed on behalf of any child has been transferred to the Juvenile Court; the transfer has been in compliance with statutory law and with the permission of Juvenile Court Judge Sheila Calloway, and without burdening the litigants with an unnecessary hearing," Townsend concluded.
The issue arose in cases filed by Brown in behalf of two cousins who fled from Honduras in May only to be quickly apprehended by agents of the U.S. Department of Homeland Security.
Brown filed the petitions as a first step in an attempt to get federal approval for the two 17-year-olds to remain in the United States.
In contrast to the situation in Davidson County, Shelby County Probate officials say they have acted on such petitions filed in that jurisdiction. The advisory opinion was issued by Cooper in response to a request filed at the behest of Shelby Probate Clerk Paul Boyd.
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Undocumented Minors in Nashville Face Judicial Quandary

By Walter F. Roche Jr.

After being shuffled from relative to relative, at one point being held in a locked room for weeks at a time, Edith Gracibel Pineda Orellana fled from her native Honduras last year only to be greeted by waiting U.S. Homeland Security agents who quickly took her and some 30 others into custody.
Orellana, 17, though temporarily rejoined now with her mother in Nashville,  faces the prospect of deportation and efforts for assistance in Davidson Probate Court have been swiftly rebuffed.
A petition seeking to have her mother appointed as her guardian, the first step in a lengthy legal process, was rejected this month without notice or a hearing by Probate Judge David "Randy" Kennedy. In a one-page order Kennedy ruled that he did not have jurisdiction and instead transferred the case to Juvenile Court
Court records and interviews show the same action was taken on several other nearly identical petitions, including one filed for Edith's cousin.
Thomas J. Brown of the Community Law Group, who represents Iris Varela, Edith's mother, said in response to questions that while Edith's petition has not yet been acted on by the Juvenile Court, similar petitions have been rebuffed  in that forum.
 Brown  said similar petitions filed in Davidson County Juvenile Court have been rejected also on jurisdictional grounds because any alleged neglect, abandonment or abuse occurred in a foreign country by U.S. Department of Homeland Security agents on May 3, 2014.
Requests for comment from Davidson County court officials went unanswered.
"I am aware of past petitions concerning undocumented immigrant minors brought in Davidson County Juvenile Court that have been dismissed on jurisdictional grounds, concluding that the alleged neglect or abuse "took place in a foreign country – not in Tennessee,"Brown said.
The local legal roadblock comes amid a national flood of undocumented aliens crossing U.S. borders. A recent report showed that 1,361 minors who crossed the U.S. border illegally had been placed in Tennessee over the past 15 months.
The swift rejections come despite a little noticed opinion issued Sept. 16, 2014 by then Attorney General Robert Cooper. Citing state and federal statutes, Cooper concluded that guardianships for undocumented minors can be considered in both Probate and Juvenile Courts.
Responding to a request from State Sen. Brian Kelsey, Cooper concluded that the only legal requirement was that such actions be brought in the county of the person seeking the guardianship.
While acknowledging that "No Tennessee court has addressed the question whether an undocumented alien may establish domicile in Tennessee," Cooper concluded that state law and past court rulings show there is no impediment to an undocumented alien qualifying as a Tennessee resident.
"Unquestionably, my client, Iris Yolanda Orellana Varela, has standing in Tennessee to bring a guardianship petition,"  Brown wrote in an email response to questions.
Kelsey asked for the opinion at the request of Shelby County Probate Clerk Paul Boyd, who said the questions about guardianship petitions for undocumented alien minors had been raised by local attorneys handling such cases.
In contrast to Davidson County, Boyd said such guardianship petitions for alien minors have been filed and approved in other Tennessee jurisdictions.
 Brown, who previously practiced law in Florida, said other states have developed specific procedures for the handling cases similar to Edith Orellana's.
"Questions regarding jurisdiction should be settled statewide," Brown said, adding that in light of the growing border crisis, the current conflict is "in dire need of immediate clarification."
The petition by Iris Varela and an accompanying affidavit from Edith, recount a short life well stocked with abuse, abandonment and a natural disaster, Hurricane Mitch, adding to the misery.
She wrote that her father lied  and told her that her mother had died. The mother had come to the United States to earn money to support her family
Locked in a room, she wrote that she was fed only plantains and was let out only to go to the bathroom. 
Later she joined with her cousin Fredy to plan their escape to the United States. They were both captured on May 3 of last year. 
The two still face May hearings before a federal Immigration Judge on the pending removal proceedings.
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New Metro Office Overseeing Conservatorships

By Walter F. Roche Jr.

Almost without notice a new office has gone into operation in Davidson County to oversee the handling of hundreds of persons placed in conservatorships because they have been judged incapable of handling some or all of their physical and financial needs.
The new Office of Conservatorship Management was created last year in the wake of a series of critical reports on the handling of such cases with problems ranging from questionable billing practices to outright larceny.
Metro's longtime public guardian, Jeanan Stuart, stepped down from the job in 2013 on the same day Probate Judge David "Randy" Kennedy announced he would not assign her any new cases because of questions about her billing practices. He also removed her from the cases she was then handling.
John Clemmons, a now disbarred Nashville attorney, is now serving a lengthy jail sentence after pleading guilty in 2013 to the theft of more than $1 million from conservatorship and estate cases he had been assigned to oversee.
The creation of the new agency was recommended by a task force appointed by Kennedy. Mayor Karl Dean subsequently included funding for the new office in his budget for the current fiscal year, which was approved by Metro Council.
The new office is headed by Rachelle Gallimore-Scruggs, a former Metro attorney. Her salary was set at $75,000 a year, according to court administrator Tim Townsend.
Townsend said in an email that the purpose of the new office is to review and monitor "the care and management provided by guardians and conservators."
Under Tennessee law conservators are appointed to care for adults, while guardians are named for minors.
Townsend said the new agency will work with existing Metro departments including Metro Social Services which will send workers out on home visits to those under conservatorship or guardianship. Financial reviews will be performed on the handling of the wards' estates, he added.
The new office comes into operation following the passage of a new state law recommended by a Tennessee Bar Association task force which held hearings across the state
The new law clarified the roles of lawyers assigned by the court to determine whether a conservatorship was justified. It also set new deadlines and standards for the granting of conservatorships on an emergency basis.
Townsend said that Stuart's post as public guardian was never filled. Instead a combination of willing attorneys and nonprofit agencies are filling the role.
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Suit Against Former Public Guardian Ends

By Walter F. Roche Jr.

Shortly after yet another favorable ruling in her long legal battle, Ginger Franklin has voluntarily dismissed her suit against Jeanan Stuart, the former public guardian for Davidson County.
In a one-page filing this week, Franklin's attorney, Michael G. Hoskins, gave notice that the suit was being dismissed "with prejudice."
When asked whether there was a settlement in the case, Hoskins replied, "No comment."
"This dismissal operates as an ajudication of this lawsuit upon the merits," the filing states.
Franklin did not respond to an email seeking her comment.
The attorney for Metro Nashville, which had also been named as a defendant in the case, said the parties already had agreed to dismiss claims against the government prior to the overall dismissal.
"I do not know whether there was a settlement," Jeff Campbell wrote in an email response to questions.
"I can say that Metro did not settle this case and is not contributing to one."
 He did say that lawyers for the other parties, Stuart and Franklin, recently "indicated the suit would be dismissed soon."
"As is their right, they declined to tell me whether there was a settlement or its terms," Campbell concluded.
Emails to Stuart's lawyer, William B. Hubbard, drew no response.
The dismissal follows closely a ruling favorable to Franklin by Circuit Court Judge Hamilton Gayden, who turned back attempts by Stuart's attorney to have Metro government found liable, since Stuart had been appointed to her post by a vote of Metro Council.
The dismissal ends a legal battle that dates back to 2008 when Franklin was placed in a conservatorship without her knowledge after suffering a serious fall.
She has charged that she lost her home and all her belongings while Stuart had complete legal control of her finances and health care.
In the suit that has now ended, Franklin had charged that Stuart violated her fiduciary duties when, among other things, she allowed Franklin's car to be towed and auctioned off after it was abandoned in a parking garage.
Franklin also filed a separate suit in Sumner County against the group home where Stuart had placed her. That suit ended with a favorable ruling for Franklin.
Stuart stepped down from her post in 2013 on the same day that Probate Judge David "Randy" Kennedy announced he would no longer appoint her to any cases because of questions raised about her billing practices.
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TN Facility for Disabled to Close

By Walter F. Roche Jr

A state run facility for those with developmental and intellectual disabilities will close its doors next year under a plan to be submitted for federal court approval later this month.
The plan, which would move some 96 residents to other facilities, would permanently close the Greene Valley Developmental Center in Greeneville, one of the last such facilities in the state.
 Cara Kumari, spokeswoman for the state Department of Intellectual and Developmental Disabilities said that the closure plans had been worked out in lengthy negotiations with the plaintiffs in a federal lawsuit dating back more than a decade.
She said that the current residents will have the option of moving to newer and smaller facilities or to receive care in their family homes. The proposed closure date is June 30, 2016.
She said that transition plans for individual residents will be reviewed by a quality monitoring panel and the residents will continue to be monitored after relocation.
She stressed that the plan will not become binding unless it is approved by a federal judge.
"The goal is always to ensure people are being transitioned in the safest manner possible," Kumari wrote in an email response to questions, adding that the monitoring program will "ensure that people's needs are being met within their new homes.
The state is also moving to close the Clover Bottom Developmental Center in Nashville.
Kumari said that if the plan is approved the only remaining such facility will be the 12 bed Harold Jordan Center in Nashville.
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