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Advocacy group secures restraining order on behalf of mentally disabled clients

Posted By Rob Schofield On December 14, 2009 @ 4:38 pm In Uncategorized | Comments Disabled

Here’s some good news for dreary Monday afternoon: Lawyers at Disability Rights North Carolina [1] (DRNC) have secured a temporary restraining order today from federal District Judge Terence Boyle that prohibits the state and the Beacon Center “Local Management Entity” from removing DRNC’s clients from their homes and terminating the community based care they currently receive from the Department of Mental Health, Developmental Disabilities and Substance Abuse Services, the state’s Medicaid Assistance program and Community Alternatives Program for Persons with Mental Retardation and Developmental Disabilities (CAP-MR/DD).

Basically, this means these folks get to stay and their homes and continue to receive services rather than be forced into an institutionalized setting.

The lawsuit was filed Friday afternoon and had it failed, care was scheduled to be terminated tomorrow, the 15th. Issuance of the TRO means that things will be frozen in place until a schedule Preliminary Injunction hearing, which is scheduled for December 28.

The case is entitled Marlo M. and Durwood W. v. Lanier Cansler and Karen Salacki. It will be interesting to see the impact as it proceeds.

Here’s the link to the order [2].

 

 

 

 


Article printed from The Progressive Pulse: http://pulse.ncpolicywatch.org

URL to article: http://pulse.ncpolicywatch.org/2009/12/14/advocacy-group-secures-restraining-order-on-behalf-of-mentally-disabled-clients/

URLs in this post:

[1] Disability Rights North Carolina: http://www.disabilityrightsnc.org/

[2] the link to the order: http://pulse.ncpolicywatch.org/wp-content/uploads/2009/12/Order_Granting_TRO.pdf

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