A lawyer for Vermont told a judge Monday that a disability-rights group can’t sue the state over the alleged failings of its Adult Protective Services Division, because the people named as bringing suit haven’t suffered any injuries.“There’s no allegation of specific harm to the plaintiffs,” Assistant Attorney General Todd Daloz told Judge Michael Kupersmith.
The state has filed a motion to dismiss a suit brought against the state by Vermont Legal Aid for the groups Disability Rights Vermont and the Community of Vermont Elders.
Legal Aid lawyer Barbara Prine said in courtroom arguments and in interviews that the state was trying to use a legal technicality to avoid fixing a system she called “dysfunctional” and a “wholesale failure.”
The groups filed the lawsuit in December, saying Adult Protective Services routinely violates the law that requires it to begin investigating reports of abuse, neglect and financial exploitation of vulnerable adults within 48 hours of receiving them, and that the state in recent years frequently has had a backlog of as many as 300 open investigations.
“This has gone on for years,” Prine said in court Monday. “We spent a year negotiating with them trying to get it to improve and it did not improve. ... The system is dysfunctional.”
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State Seeks Dismissal of Abuse Lawsuit
APS is often the guilty party when they bring petitions for guardianship or conservatorship to the courts without investigation.
ReplyDeleteAPS also doesn't help when asking for help
ReplyDeleteInstead APS employees lie to probably be part of corrupt team to steal creating a case of elder abuse and exploitation giving reason to steal a life and personal family heirlooms ,,,,then they go on to take a elder mother away from the honest family who is loving and her life. Strangers take control and hurt steal and cause devastation forever. I know this because asked for help being a responsible daughter loving my mom more than words can describe and the system turns around and lies when they are the ones exploiting and abusing. I will never be the same again for the way they as a corrupt team in the court system lied and hurt killed my sweet innocent loving mom who was my world. My moms little yorkie also suffered and was taken away,,, even the doctor who was so highly respected was abuse by APS since they made statements in reports which the doctor never stated which is such disrespect. It sad how people lie and hurt innocent families forever destroyed from all. Then APS says they are sorry but it's in the hands of the legal system now so you'll have to hire an attorney and fight to get her back when they're the one who created the heartbreak and more.
They will find any reason to get out of it. What a shame that legal maneuvering has become more important than our disabled population.
ReplyDeleteThe problem with APS is they do great things and they are needed but at the same time, they overstep their bounds and tear up families who they have no business messing with. So, they do both extremes of the spectrum.
ReplyDeleteJill, please consider joining NASGA. We need to all work together to fix this mess.
I hope the state loses this battle!
ReplyDeleteAMEN Jill Freedman..Job security is what they call APS. All about the money at the end of day.
ReplyDeleteA waste of tax payers dollars, IMO.
ReplyDeleteGood going Vermont Legal Aid. Thank you for standing up for the disabled. Don't give up.
ReplyDeleteJill Freedman said 4 and a half years after taking away my mom I am in tears and heartbroken for the rest of my life for the way they hurt my loving sweet innocent mom. I loved her more than life and she loved me more than life which my husband stated you know the truth and the love we all had as a family. Now many years and days my mom leaving us on May 23, 2009 it still hurts and this nightmare never goes away because of the way it took my mom's life...my husband an honest sincere attorney never dreamed such a tragedy could happen to our family....a family left behind like many others hurt forever that such things could happen in this world and a mother treated with cruel disrespect in her elder years
ReplyDeleteI love and miss you so much mommy....my heart is so very broken for you and now Gideon your little yorkie just left us to be with you...Gideon is waiting for you at the Rainbow Bridge.
All my love forever to the most loving beautiful mom in the world.