Michigan Lawyers and Caregivers--HELP! Emergency With Adult Protective Services

I'm issuing a plea for advice, information, whatever one knows.

I am legal guardian for my 24 yer old autistic daughter.

I am also being persecuted by a neighbor who wants my daughter removed. She's tried to evict us on "noise" complaints. Now she's called APS and claimed I'm abusing my child. APS tried to take her away by sending the case manager, without any paperwork, mind you, this afternoon.

The word is that the APS worker will show up tomorrow with a court order and the police.

Please tell me what I should do. My daughter is having a successful fall, due to a lot of hard work this summer. Her medications and her school program have been successfully adjusted, and I have my happy, healthy, productive, growing girl back. She's much less noisy when she's not in pain, so the neighbor has decided to escalate.

I am claiming it's my neighbor because she's been after us since June. No one else has raised an issue, all other official channels are satisfied.

I do not want all that hard work to go down the drain. My child suffers when her support system is deranged. To have it totally taken away would be even worse.

I also want my neighbor to realize that she isn't going to win anything with this. I'd like to eventually sue her for damages. But first, I have to resolve this misinformed system.

What should I do?

Thanks all!

And help keep your post around a bit. My thoughts are with you.

Also, you need to find a lawyer RIGHT AWAY.

You need to find the following:

1) A lawyer
2) A LOCAL advocacy group
3) A media contact
4) Your congress-critter

The protective service people are bad-assed, over-worked, under-trained, and wield way too much power for anyone's good.

Do not waste any time preparing to do battle, and do NOT hold anything back or assume that somehow Justice will be served if you just trust in the system.

CASA (Court Appointed Special Advocate) organization in your area, call the Director, tell your story and ask what you/they might do. Good luck!

A lady I know worked as one.

Rotten pay and benefits. Lotsa overtime with no compensation.

She quit after a couple of months.

they said she was fair and professional. That's what makes this afternoon so bizarre. We'll see what happens tomorrow.

That was one of Engler's doings.

If you can prove that the neighbor is harassing you and targetting you in malicious ways then file a lawsuit against her. Get a restraining order. Throw it back at her, hard.

Hang in there.

this time for sure, once I get the kid settled.

If you think you might need a restraining order.... then you need a restraining order.

And whatever care-provider you may have worked with ih the past.

Get busy explaining your side of it and try to start a backfire against whatever arm of the Law that show up with APS.

Goodness, please keep us posted.

Good luck!

Not much I can do after 5 pm, so I google, and post, and call friends....

and ask if they will tell the APS worker about your daughter's progress ASAP

And get a lawyer

Got a lawyer's name--hope to reach her tomorrow.

Whereabouts are you? That would make a difference. We can get a legal fund going, too, so you can manage all of the costs.

Get copies of everything. Start a file tonight by typing up all of the incidents with the neighbor you can remember--everything she's said, threatened, done, etc. CPS won't tell you who reported it, but if you have a file on her and can give it to them, it should sway the case worker to at least investigate the source. Then type up all of the changes you have made in her care, the response you've gotten from your daughter, your current care plan, her requirements, everything. Lawyers and judges like written lists and descriptions.

Get a copy of the IEP, get her teachers to write up affadavits (I did this a couple of times when I taught before we had kids) on how your daughter's been improving, and make sure the case worker gets copies.

Call you county party chair and see what help you can get through the party contacts. I've been impressed here in Calhoun County how everyone helps each other out. One of the lawyers I know used to be our county party chair, actually, and he often takes on cases for party members.

Let me know if I can help in any way. This is just plain wrong.

Thanks for organizing me--I'll get right on it.

If you need them, though, and can't find a good one in A Squared, let me know. :)

My family lawyer recommended me one, and my lawyer's top drawer, so I'm hopeful.

Don't just say to yourself that you're going to get affidavits in the morning.

Start making phone calls right this very minute, and make sure that you have everyone's phone number on speed dial, and on a list that you can give to the social worker JUST IN CASE they show-up ten minutes from now.

Step 1: What can I do, RIGHT NOW, that I can have ready, in 10 minutes?
Step 2: What can I do, RIGHT NOW, that I can have ready, in an hour?
Step 3: What can I do, RIGHT NOW, that I can have ready, by tomorrow morning?
Step 4: What can I do, that I can have ready, by close of business tomorrow?
Step 5: What can I do, that I can have ready, by Monday morning?
Step 6: What can I do, that I can have ready, by close of business Monday?
Step 7: What can I do, that I can have ready, within a week?

and should be seeking emergency injunctive relief to prevent them from taking your daughter away without full due process. APS can't just take somebody away without some kind of suspicion. Question hard the case worker about what they may have heard, or have your attorney do so. You might also think about getting your daughter checked by her doctor right away and have him write a letter stating that your daughter has not suffered any abuse that he can see from a full examination.

Next file a harassment complaint with the police over your neighbors behavior. Just get it on record so they become involved in a law enforcement sense. Speak with your attorney about filing other complaints. If they want a war, give them one.

It will make me sound like I know what I'm doing when I say it right. Tomorrow is going to be a busy day.

It's my understanding CPS can't simply remove someone, especially an adult with a guardianship set up, on the basis of some busybody's complaint that the disabled adult is noisy and therefore must be abused.

Even if they do remove her for a few days to observe her behavior, you will get her back.

Then make sure you sue that fucking neighbor for harassment.

Pithy and to the point as ever!

and the paperwork, writing down dates and times is important. We always find that out after the fact....

I suggest putting a copy of your documentation in a manila envelope thumbtacked to the wall right next to your front door. (On the INSIDE of the house, of course.)

And maybe also a copy in your car.

Autism Society of Michigan
They will have contacts to lawyers and others familiar with autism.

You have a local chapter in Washtenaw County

My son was falsely accused a long time ago and the Autism Society was a tremendous help.

There is also a Autism center at U of M in Ann Arbor...they may be helpful too.

I would call MPAS asap! The Livonia office is closer.

Michigan Protection and Advocacy Service -- Livonia Office
29200 Vassar Blvd., Suite 200
Livonia, MI 48152-2116
Phone: 1-800-414-3956 (Toll Free) or (248)473-2990
FAX: (248)473-4104

or

Michigan Protection and Advocacy Services
106 W. Allegan Suite 300
Lansing, MI 48933
(800) 292-5923
www.mpas.org


Washtenaw Association for Community Advocacy
New Center, 1100 N Main St, Suite 205
Ann Arbor, MI 48104
(734) 662-1256

Autism Support Center
1270 Doris Road
Auburn Hills, Michigan 48326-2678
Telephone: 248-276-8086
Fax: 248-276-9280
TTY: 248-276-8009
Email: autismcenter@morcinc.org
Web: www.autismsupportcenter.org
The Autism Support Center is a research based outcome approach that provides continual treatment monitoring to maximize progress.

Michigan Dept. of Public Health
PO Box 30915
Lansing, MI 48909
(517) 335-5008
www.mdch.state.mi.us

Michigan Department of Civil Rights
Lansing Executive Office
201 N. Washington Square
Suite 700
Lansing, MI 48913
(517) 335-2598
www.mdcr.com

You may even be able to prevent them from entering your home.

Since the false charges can possibly endanger your daughter's right/ability to live in your home peacefully (without added emoptional stress) you may also want to contact "Legal Services of Northern Michigan" . She may qualify for free legal help.
http://www.lsnmirp.org/

Here are some definitions fromMichigan's website
http://www.michigan.gov/dhs/0,1607,7-124-5452_7122-15663--,00.html

Adult Protective Services
The provision of adult protective services is mandated by Public Act 519 of 1982. This critical program requires extensive coordination with, and support from, mental health, public health and law enforcement agencies; the probate courts; aging network and community groups; as well as the general public.
Program staff investigate allegations of abuse, neglect or exploitation and provide protection to vulnerable adults. Policy requires that investigations will begin within 24 hours after the complaint is received.

Abuse is harm or threatened harm to an adult's health or welfare caused by another person. An example of abuse is: A developmentally disabled woman who resides in the home of her father and is being beaten by him.

Neglect is harm to an adult's health or welfare caused by the inability of the adult to respond to a harmful situation (self-neglect) or the conduct of a person who assumes responsibility for a significant aspect of the adult's health or welfare. An example of neglect is: A physically disabled man is left in front of the TV all day without a meal or access to toilet facilities.

Exploitation is the misuse of an adult's funds, property, or personal dignity by another person. An example of exploitation is : An elderly woman's son is using her money for his own needs without her knowledge or approval.

This is the html version of the file http://www.ama-assn.org/ama1/pub/upload/mm/386/elderabuse.pdf.
scroll down this website to page 9 for listing of possible charges

Diagnostic and Treatment Guidelines on Elder Abuse and Neglect
http://209.85.173.104/search?q=cache:x8XE4fQlMrgJ:www.ama-assn.org/ama1/pub/upload/mm/386/elderabuse.pdf+michigan+%22adult+protective+services%22+legal+rights+false&hl=en&ct=clnk&cd=8&gl=us&client=safari

page 13 has procedures
Intervention and Case Management: Part 1
Screening and assessment for elder mistreatment should follow a routine pattern.
Assessment of each case should include the following:


...snip

page 14
Intervention and Case Management: Part 2
Case management should be guided by choosing the alternatives that least restrict the
patient‘s independence and decision-making responsibilities and fulfill state-mandated
reporting requirements. Intervention will depend on the patient‘s cognitive status and
decision-making capability and on whether the mistreatment is intentional or unintentional


edited to add that I realize this is for elder abuse, but I am assuming procedures are the same/similar for disabled adults. The above website should give you an idea of what they are "supposed" to do.

I remember the court investigator questioning me as to why I was not paying rent to provide full-time care for my mother after her stroke. I had my own house 120 miles away at the time. I asked him if he wanted me to sleep on the porch at night and just come inside when she needed a toilet transfer. He didn't think that was funny, but at least the elderly judge told him that was definitely not a concern. I don't know where they hire some of these investigators. Thankfully we finally got the conservatorship ended.

From what I get, the CPS, APS gets its funding by recording how many people they need to remove from their homes and placing them in other homes. Special needs gets them more dough. This seems to be true of the Child PS from what I have read on the internet and I would imagine that adult PS works the same way.

They will lie to you and say that legally you must do this or that. Like let them in to search without a warrant or whatever. You should let them see your daughter but apparently inviting them in, gives them some right to look around. I would take your daughter to the door so they can see that she is physically ok. Then schedule a meeting with them and your lawyer where she can be viewed in more detail if they need it.

They have a hard time getting warrants based on other people turning you in without actually seeing any abuse. They will tell you they can get one so that you will give them the right to snoop without one.

Tell them to get one. When and if they show up with one...read it. Only allow them to do what the warrant actually says. I mean if you just let them do whatever they want, eventually they will find something wrong. "these scissors are in a drawer that she can reach" or "that box is blocking the stairs" Even if you just set it down to answer the door. Or "there is urine stains on the bedding" Even though you just got her up from a nap in which time she did wet the bed and you haven't had time to get the room back in order. That doesn't mean you were going to put them back to bed without changing them but you see what I mean. If they look hard enough at even the best of homes, they can find something.

Anyway, the best thing you can do, is to get a lawyer to be there with you. They don't like to harass people who can fight back. The lawyer won't let them walk all over you. If you can't get one to come to the house, at least try to get a witness to come over. I think once your lawyer checks in with them and they see that they can't bully you around, they will only do what is required by law. That is to check to make sure that she is not being abused. You have the school and the doctor to back you up. I think you will be ok. Hell if she is making so much noise, just observing her behavior with you should be enough for them to see that the noise is not caused by abuse.

Anyway, remember, they are not your friend. They are not there to help you. They will lie to you. Do not sign anything. It's up to you if you want to let them in to dispell the situation once and for all. But with a neighbor like yours, it will be in your interest to go ahead and get the attorney involved now.

Good luck to you. I take care of my mom with alzheimers and a metally handicapped brother. SOmeone was pissed at me once and called aps. The person calling had never ever been to my house, had never met my mtoher or brother but was able to make me feel like I had to defend the right to keep them in our home. It was found to be without merit but her doctor was contacted, and they treat me diffently, (or is it my imagination?) People who take care of other people and start their day by wiping other peoples butts like I do should have some kind of advocacy group the defends us from troublemakers and such. Rant rant rant.

You are going to get me through this morning.....

I knew DUers could help. They always come through!

I've also got a minister and RN from church offering assistance, and the network is revved up.

My thoughts are with you and your family. You're doing twice as much as I.

http://helppardoncarmengranata.blogspot.com/
:argh: