SETTLEMENT: $1,141,000 ($925,000 for educational services, $35,000 damages, $181,000 attorney fees), alleged failure to serve special education student for 4 years including isolation in church basement. [Read more…]
IDEA, special ed evaluation
IDEA: Claim of failure to evaluate child for special ed until 2013 time-barred for claims before 2012, District otherwise allowed parents to participate in developing education plan, had not “predetermined” placement. . . Anderson affirmed (unpublished). [Read more…]
$244,239 verdict, wrongful discharge
VERDICT: $244,239, wrongful discharge, MDC psychology specialist allegedly fired for attempting to entice client to move in with her. [Read more…]
Youth, §208 order modification, SIWC
YOUTH: §208 order correctly modified to eliminate parole eligibility requirement of MSP sex treatment of youth, now 21, who raped 3-year-old when 13, no error in not further removing from adult corrections system to allow Massachusetts program… Lympus affirmed. [Read more…]
Right to know/privacy, child abuse/neglect
RIGHT TO KNOW/PRIVACY interests in child abuse/neglect matters properly accommodated by in camera/redaction pursuant to statute… Sherlock affirmed. [Read more…]
DD commitment, community services availability
DD COMMITMENT: Clear & convincing standard retained rather than mental commitment standards… evidence of general conditions/practices at MDC properly excluded… actual rather than potential availability of community services properly considered… issue of overlapping recommitments and reversals of prior commitments settled by [Read more…]
DD commitment, pre-hearing acts, imminent risk
DD COMMITMENT: Pre-hearing behavior properly considered in assessing “imminent” threat… unavailability of community facilities properly considered… recommitment following group home placement and emergency commitment affirmed… Honzel affirmed. [Read more…]
DD commitment, imminent risk, evidence
DD COMMITMENT: Insufficient evidence of imminent risk requiring recommitment… Honzel reversed.
In 1/06 DPHHS petitioned for commitment of TP to MDC. Based on a [Read more…]