Federal Suit Claims Family Members Were Banned From Mom's Nursing Home Over Social Media Posts

The children of a patient in a nursing home in Sugar Land, Texas, have sued the facility, alleging that they can't visit their mother there because they have been banned over their social media posts.

The plaintiffs say Silverado Senior Living had no valid reason for the ban, which was imposed in a letter sent by the nursing home's lawyer, reports the Southeast Texas Record. They say the ban prohibits them from visiting unless and until they remove postings that depict their mom or other residents.

However, the nursing home describes the postings as “exploitive and invasive materials which also violate the privacy rights of other Silverado residents," says the plaintiffs' civil rights suit (PDF), which was filed in federal court in Houston on July 29.

State-court filings show that the three plaintiffs in the federal case have been involved in a Harris County probate court battle with two other siblings who have been overseeing their mother's care and finances under the authority granted by a power of attorney. The three plaintiffs question the validity of that power of attorney and take issue with the way their two siblings have been handling their mother's affairs.

In the federal complaint, the plaintiffs note that the nursing home's attorney also called for them to refrain from any further social media postings until the state-court litigation is resolved.

The federal suit alleges the Silverado defendants violated the plaintiffs' constitutional rights by retaliating against them for activities by their attorney that are protected by the Americans with Disabilities Act.

Although the nursing home is described in the complaint as a corporation rather than a government entity, the suit alleges that the plaintiffs' First, Fifth and Fourteenth Amendment rights were violated by the social-media ban and their resultant fear of arrest should they attempt to visit their mother. It seeks compensatory and punitive damages and attorney's fees.

Source:
Federal Suit Claims Family Members Were Banned From Mom's Nursing Home Over Social Media Posts

See Also:
Plaintiff's 3rd Amended Application for Temporary Restraining Order and Temporary Injunction

Silverado Senior Living Sued for False Imprisonment and Battery of Elderly

SilveradoSucks.com

Deaths in 2 Senior Homes Highlight Sharp Rise in Abuse, Neglect

Staff members at two Minnesota homes for elderly people failed to provide adequate medical care and monitoring, resulting in the deaths of two residents, according to investigation reports released Thursday by the Minnesota Department of Health.

 

The fatalities come amid a sharp rise in reports of abuse and neglect at homes for senior citizens across Minnesota. The number of maltreatment complaints received by state authorities involving nursing homes, home care and assisted-living facilities nearly tripled to 1,217 in 2013 from 451 in 2010, according to a report issued last month by the Department of Health.

 

In the latest reports, an elderly resident with dementia was not provided with any fluids, food or monitoring for more than 18 hours in May because staffers at the home, Summit Hill Senior Living in St. Paul, were unaware that the client had been transferred to the facility’s “memory care” unit. The resident was found on the toilet with multiple abrasions and died the following morning, state investigators found.

 

In another case, a nursing assistant at Boundary Waters Care Center in Ely, Minn., stopped providing oxygen to a resident who was having difficulty breathing and then sent the resident in a nonemergency transport van to an appointment more than two hours away. The resident later died of cardio-respiratory arrest.

 

Elder care advocates attribute the increase in the number of complaints to better reporting, poor staffing levels and heightened public awareness of senior abuse.

 

In an unusual move, the state Department of Health in June seized control of Camden Care Center, a Minneapolis nursing home, after inspections turned up more than 80 infractions, many of them serious. Regulators found that two residents required hospitalization after accessing drugs or alcohol while under the facility’s care, among other violations.

 

“It’s really disturbing to see the numbers of complaints going up,” said Iris Freeman, director of the Vulnerable Adult Justice Project at William Mitchell College of Law. “It could be a measure of stronger action on the part of people who suspect they are observing abuse.”

 

In response to rapid growth in the senior care industry, the Department of Health has roughly doubled its investigative staff to 20 people over the past five years.

 

Full Article and Source:
Deaths in 2 Senior Homes Highlight Sharp Rise in Abuse, Neglect

Brevard County Judge John C. Murphy Could Face Discipline after Scuffle

A state investigative panel has given notice that a Brevard County judge could face disciplinary action for a highly publicized scuffle with an assistant public defender in June.

The panel of the Florida Judicial Qualifications Commission on Wednesday issued what is known as a "notice of formal charges" against Judge John C. Murphy and said he could face allegations of violating the state's code of judicial conduct.

Murphy drew national attention after a videotaped dispute with Assistant Public Defender Andrew Weinstock.

The dispute stemmed from Weinstock's refusal to waive a speedy trial for a client.

Wednesday's notice recounted Murphy's use of profanity and challenging Weinstock to a fight.

"If you want to fight, let’s go out back and I’ll just beat your ass,'' Murphy said at one point.
The judge and attorney went into a hallway, and sounds of scuffling could be heard on a courtroom recording, the notice said. Murphy has 20 days to file a written response.

Full Article, Video and Source:
Brevard County Judge Could Face Discipline After Scuffle
READ the full complaint

See Full Video Leading to Incident

Judge Releases Revised Financial Records

Lorain County Common Pleas Judge James Burge has corrected his annual financial disclosure statements, which he acknowledged last week contained numerous errors.

In documents mailed to the Ohio Supreme Court’s Board of Commissioners on Grievances and Discipline, Burge acknowledged 43 separate mistakes he said he made in filling out the forms for the years 2007 through 2013.

Burge said he went back through his disclosure statements after a review by The Chronicle-Telegram showed there was inaccurate information about his family’s connections to Whiteacre North Ltd., which owns a Lorain office building at 600 Broadway.

The judge called the incorrect information he filed mistakes.

“I had the same problem that I had putting together my children’s Christmas toys; I don’t read directions well,” Burge said.

Failure to properly fill out the financial disclosure statements, which are designed to reveal possible conflicts of interest, can open up a judge to possible misdemeanor criminal charges and ethics violations.

Full Article and Source:
Judge Releases Revised Financial Records

TX: New Rules for Elder Care Facilities After KXAN Investigation

KXAN’s Investigation into alleged sexual assaults at an Austin assisted living facility has triggered coming changes to help better protect your elderly loved ones.  In May we first told you about the allegations Longhorn Village, a retirement community and assisted living center created by the University of Texas Alumni Association – the Texas Exes. During our investigation the Texas Department of Aging and Disability (DADS) services admitted it broke state law in the course of its investigation of the allegations.

We discovered that despite having a court ordered guardianship stating she was mentally incapacitated and incapable of making her own decisions, DADS investigators didn’t have it before determining the sexual assault allegations were unsubstantiated.  Neither Longhorn Village nor DADS reported the allegations to law enforcement, as required by state law.

Now, because of what we uncovered, elder care facilities in Texas will be required to keep guardianship orders on file for residents who have them.

“We are going to have positive change,” said state representative Elliot Naishtat, who saw our story and took immediate action. Naishtat is the Vice Chairman of the House Committee on Public Health and also sits on the House Committee on Public Health and House Committee on Aging. He says since our investigation aired he has been in discussions with top officials at the Texas Health and Human Services Commission (HHSC) and DADS.

DADS, which oversees elder care facilities in Texas, will also have new marching orders.

“Any investigator or case worker who has a situation where there are concerns about the resident who has been abused or neglect will be able to go to the file and see whether or not letters of guardianship have been issued for this individual and then to act accordingly,” said Rep. Naishtat.

First, DADS will direct facilities to keep guardianship orders in a resident’s file.  Then the state will adopt new rules officially requiring it.  Representative Naishtat says he will introduce a bill in the upcoming legislative session proposing penalties for those who don’t follow the new rules.

“We support the idea of having some notation on a medical record that a person has a guardian,” said DADS spokesperson, Melissa Gale.

But does that go far enough?  For the alleged victim in our investigation, maybe not.  Her family alleges in a lawsuit against Longhorn Village that a male resident sexually assaulted her there in 2012.  The suit also alleges staff did nothing to protect her even though she had a guardianship order.

DADS reopened the case after our investigation and finally reported the allegations to law enforcement, but again determined the allegations to be “unsubstantiated.”

“The facility believed it was protecting this resident’s rights,” said Gale, “…the right to engage in a relationship.  The right to privacy and independence,” she continued.

“Even though she was ruled incapacitated by a court, they still felt like they didn’t need to communicate what was going on to the family or the state or a law enforcement agency?”  asked Brian Collister.

“After interviewing residents, staff, they concluded, the investigator determined that the facility had not violated any regulations in protecting this woman,” Gale responded.

Full Article and Source:
New Rules for Elder Care Facilities After KXAN Investigation

MI: Elder Abuse Concerns Prompt Formation of Kalamazoo County Coalition

Law enforcement officials and advocates for the elderly and vulnerable adults have formed the Kalamazoo County Elder Abuse Prevention Coalition to head off what they see as a growing problem.

"We definitely are getting more calls that we are referring to Adult Protective Services," said Judy Sivak, director of the county's Area Agency on Aging. "I think that financial exploitation, in particular, is on the rise and is expected to increase with the increase in the (elder) population."

Sivak said she put together the Kalamazoo County Elder Abuse Prevention Coalition in March 2013 to bring together "professionals and senior advocates who realize this is a bigger problem than one individual or agency can solve." Among its members are county Prosecutor Jeff Getting, Sheriff Richard Fuller and Clerk Tim Snow.

Sivak said similar efforts are taking shape around the state.

The coalition in Kalamazoo County has identified several needs, including training of professionals who are required by law to report elder abuse on how to recognize it. The coalition plans to provide training at the end of this year for law enforcement, prosecutors and Adult Protective Services workers on different scenarios of elder abuse.

Full Article and Source:
Growing Elder Abuse Concerns Prompt Formation of Kalamazoo County Coalition

Law Tips: The Problem of Financial Exploitation of the Elderly and Disabled

Financial exploitation of the elderly and disabled has been called “the hidden epidemic.” Attorneys who represent the aged and disabled frequently encounter acts of financial exploitation. And attorneys must do what they can to protect their clients from the risk of being financially exploited.

This statement from James Voelz, ICLEF’s Elder Law Institute faculty member, is a reflection of his ongoing concerns about the elderly and disabled clients he serves. I am grateful that Jim agreed to share his expertise on protecting clients in the expanding elder law arena with Law Tips readers. This week he provides background on the “problem” and the applicable law. Then, as we go down this road, we’ll hear Mr. Voelz’s further advice on steps elder law attorneys may want to take to prevent exploitation of clients.

The Indiana Adult Protective Services (“APS”) program received 41,334 reports, of which 10,506 reports were investigated during 2012. The reports were classified as follows: Abuse- 2,689, Neglect- 3,176, Self Neglect- 3,198, and Financial Exploitation- 1,443. How many cases of financial exploitation are reported? The estimates range from 1 in 5 to 1 in 44.

I recently met with an APS investigator who has almost 25 years of experience. He said that reports of financial exploitation are increasing, and voiced extreme frustration that he has never seen criminal charges filed against a person who financially exploited an elderly or a disabled person! He said that we have the tools to protect people in Indiana, but these tools are not being used effectively. He said the exploiters are getting away with financial exploitation when they are not being prosecuted. He said prosecutors do not file charges, because victims suffer from dementia or other health issues making it difficult to prove that a crime has been committed.

I also contacted Patrick D. Calkins, who is the Program Director for Adult Protective Services. Mr. Calkins told me that APS does not keep statistics about the number of financial exploitation reports that result in criminal charges being filed against the alleged perpetrator. He did verify that the most common excuse for failure to prosecute is “that the victims make bad witnesses.” But he said that his take on this is that homicide victims make bad witnesses also, but prosecutors still file charges for murder.

Mr. Calkins also told me that the victim’s attorney is often the victim’s last line of defense.

Full Article and Source:
Law Tips: The Problem of Financial Exploitation of the Elderly and Disabled

Some Groups That Pay Disabled Pennyslvania Workers Below Minimum Wage Not Complying With Law

The U.S. Department of Labor has ordered Pennsylvania organizations to pay $118,000 in back wages to workers with disabilities since 2011, according to records PublicSource obtained through a Freedom of Information Act request.

At the heart of these investigations are people with intellectual and developmental disabilities, many of whom cannot advocate for themselves.

The workers already were earning far below minimum wage because the employers have a special license to pay people with disabilities less.

There is very little oversight on the state or national level of these employers, making it  impossible to know how widespread the pay issues are and whether they are accidental or intentional.

Over nearly four years, the labor department has conducted only 29 investigations in the state, primarily of nonprofits that were granted a federal license to pay ‘special minimum wages’ to workers whose productivity is affected by a disability.

There are currently 126 organizations in the state with the license. About 13,000 disabled Pennsylvanians earn an average of $2.40 an hour in these subminimum-wage work programs, according to a PublicSource analysis of federal labor documents.

The audits resulted in orders for 17 organizations to pay back wages to 1,193 employees, including non-disabled employees in some cases.

Two organizations — Growth Horizons in Bucks County, and Greene Arc in Greene County — were investigated twice in the time period. The inquiries were concluded after the groups agreed to pay back wages and promised future compliance.

The Greene Arc was ordered to pay more back wages than any other group, owing more than $40,000 after a 2013 investigation found that the nonprofit did not use the appropriate standard for setting wages for the workers.

The investigation also found that Greene Arc was deducting the allowed 15-minute breaks from the employees' overall hours worked.

Disabled workers at Greene Arc were earning an average of $3.59 an hour for shredding, food preparation, recycling and greenhouse work, according to its 2012-14 application.

Cynthia Dias, executive director of Greene Arc, said she could not comment on the findings of the investigation because she was traveling.

Full Article and Source:
Some Groups That Pay Disabled Workers Below Minimum Wage Not Complying With Law

See Also:
CLICK to see list of groups ordered to pay back wages

Thousands of Disabled Workers in Pennsylvania Paid Far Below Minimum Wage

UAGPPJA: 39 States and Counting

When enacted, UAGPPJA does four simple things to protect older people and their family caregivers:

     1. It outlines a set of rules for transferring guardianship from one state to another.
     2. It allows states to recognize and register guardianship orders from other states.
     3. It creates a clear process for determining jurisdiction by designating the “home state.”
     4. It protects older people against abuse and exploitation because the guardianship order is registered in other states.

While every situation is different, the fact is: Caregiving situations change. And caring for our loved ones across state lines should be consistent when it comes to law.

AARP will continue to fight until UAGPPJA becomes law in every state to ensure that older people and their family caregivers — especially those who provide care across state lines — have the protection they deserve.

Full Article and Source:
39 States and Counting - Caregiving Across State Lines