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.
wfrochejr999@gmail.com
Friday, January 30, 2015
Tuesday, January 27, 2015
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."
wfrochejr999@gmail.com
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."
wfrochejr999@gmail.com
Tuesday, January 20, 2015
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.
wfrochejr999@gmail.com
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.
wfrochejr999@gmail.com
Monday, January 19, 2015
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.
wfrochejr999@gmail.com
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.
wfrochejr999@gmail.com
Tuesday, January 13, 2015
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.
wfrochejr999@gmail.com
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.
wfrochejr999@gmail.com
Saturday, January 10, 2015
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.
wfrochejr999@gmail.com
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.
wfrochejr999@gmail.com
Tuesday, January 6, 2015
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.
wfrochejr999@gmail.com
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.
wfrochejr999@gmail.com
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