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Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 5123
Experience:  Attorney with significant and substantial experience in multiple areas of law.
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My daughter is 39 years of age and lives at an adult group

Customer Question

My daughter is 39 years of age and lives at an adult group home. There is another resident who verbally abuses her such as: "You are going to get kicked out" "this is not your home" you are going to jail". etc. My daughter Stacy wears leg braces and can't get away very easily when she is being bossed or bullied. STacy gets back by scratching the other girl's arm. The other girl (Carrie) is a large girl and able bodied. stacy easily can fall off balance. The problem is with Carrie's father. He wants my daughter removed. He will not talk with his daughter about her negative actions toward Stacy. The group home agency has already asked me to move Stacy to another home. It was not a home that was appropriate with her physicial needs. Do I have any recourse to keep her in the home she is in. Staff was suppose to work a plan we had by keeping the two separated but Caarrie will not follow any rules. What step would you start with?
Submitted: 1 year ago.
Category: Legal
Expert:  Joseph replied 1 year ago.
Hello,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

Are they requesting that your daughter be removed or demanding it?

Can you tell me what basis they are stating?

Also, do you have a contract with them?
Customer: replied 1 year ago.

They requested it so far. Carrie's father is the one demanding it because his daughter was scratched by mine. Stating it on incident reports which they are reviewing now. No contract as this Agency is medicaid and medicare. It is UPARC in Clearwater, FL

Expert:  Joseph replied 1 year ago.
Hello Marty,

Thanks for the information.

I'll look into this and get back to you shortly.
Customer: replied 1 year ago.

Thank you. I have already paid the $48 upfront but they keep asking for more money? I don't think it appropriate to contact the Agency. I was under the impression you all were attorneys.

Expert:  Joseph replied 1 year ago.
Yes, I am an attorney. I don't know why anyone is asking you for extra money nor do I know what you're referencing. Please direct those questions to customer service.
Expert:  Joseph replied 1 year ago.
Hello Marty,

You should definitely not take any action to move your daughter until you are actually mandated to do so by the group home. It does seem incredibly unfair that your daughter, who is the one who is being bullied, is also the one who is being asked to leave based on two minor scratching incidents.

However, there is some difficulty (without being present) of knowing which one actually is the instigator and should be required to move. Additionally, if there is no contract, it would be hard to maintain any cause of action against the group home for breach of contract.

What you can do is file a claim for denial of treatment with the U.S. government for them not treating your daughter, which you can do online here:

http://www.medicare.gov/claims-and-appeals/

The government would then work with you and should prevent your daughter from being wrongfully dismissed from the group home, especially if it is the only and best place for her.


I hope the above information is helpful, although I realize it is not what you wanted to hear. I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. (It doesn’t cost you anything extra and is necessary even though you’ve made a deposit). Please also rate me highly (9-10) when you receive your customer satisfaction survey.

Thanks and best of luck!

-Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 5123
Experience: Attorney with significant and substantial experience in multiple areas of law.
Joseph and 15 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Did I fail to tell you my daughter was physically and mentally retarded from birth?

Expert:  William B. Esq. replied 1 year ago.
Dear Customer, thank you for using our service. My name is Bill and I would like to assist you today.

Unfortunately, in these situations (group home placements), the child or adult client's placement is entirely contingent on the group home's willingness to allow them to remain in the home. They may not discriminate based on race, or gender (assuming it is a mixed gender home), or on any other protected class.

The home is a business it is in its best interest to provide a fair and impartial assessment of the events and conduct of those occurrences within the home. I have firsthand knowledge of raising a non-verbal child, and understand the frustration when reports are biased, unfair, or non-forthcoming, but the usual remedy is to take your "business" elsewhere - meaning finding a home that is better suited to your daughter's needs.

There are protections through Medicaid and other insurance providers regarding payment, but they will not step in to provide any assurances or protections regarding home's decisions regarding how to manage its resident's (unless the home is running an unsafe environment).

If you believe that your daughter is being threatened, harassed, bullied, and abused due to the negligence of the home, in such a manner that you wish to file a lawsuit, you can do so. That would entail filing a civil lawsuit against the home for damages. Unfortunately, this type of claim is somewhat difficult to prosecute given the communications barriers, but it is possible (I would advise a special needs attorney with litigation experience).

If you would like to focus on better placement for your daughter, you can speak with social workers through a regional center, or you can contact a special needs attorney and try to find a home that is more suitable to her needs. As a deputy public guardian, we would sometimes have to try multiple homes for our clients before finding one that was a positive fit (often it is well worth the additional effort given the importance of these decisions - but it is not always practical).

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