In the case alleging ongoing failures in Adult Protective Services brought by representatives of the elderly and disabled community, Judge Kupersmith ruled that can go forward in part, and rejected the state’s attempt to have the case thrown out. The Judge found that the plaintiffs raised serious concerns about whether Adult Protective Services is meeting the plain requirements of the law. Furthermore, Judge Kupersmith found that concerns about Adult Protective Services’ failure to do its duty to respond to allegations of abuse neglect and exploitation warrant review by the Court.
“This is a major victory for the Plaintiffs and for vulnerable Vermonters that are at risk of abuse, neglect or exploitation,” said Barbara Prine, Vermont Legal Aid, lead counsel for the Plaintiffs. “The Court sent a clear message that the allegations in this case deserve judicial scrutiny and that the State should not be allowed to rely on procedural technicalities to deny judicial review of the important issues raised by this lawsuit.”
While the case will move forward, the Judge did dismiss Plaintiffs on a second claim regarding the failure of the Department of Disabilities, Aging, and Independent Living to fix the problem in May of 2011, through the signed Corrective Action Plan. Although the Department had agreed to the terms of plan, the Court ruled that this was not an enforceable contract.
The Judge also did not allow the Plaintiffs to bring the case solely as citizens of Vermont. Instead, the judge ruled that Plaintiffs Disability Rights Vermont and Community of Vermont Elders will have 30 days to amend their original complaint to describe how the failure of Adult Protective Services impedes their ability to fulfill their organizational mission, and forces them to devote significant resources to identify and counteract APS’s deficiencies.
Full Article and Source:
In Major Victory for Adult Protective Services Lawsuit Judge Allows Case to Move Forward
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