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Fed Judge admonishes NYS for warehousing mentally ill
Mar 23, 2017 · by Cindy Rodriguez
A federal judge is demanding to know whether the state colluded with adult
home operators to undermine a legal settlement that took more than a
decade to come to fruition.
Under the settlement, which protects 5,000 seriously mentally ill adults,
the state agreed to prohibit psychiatric hospitals from discharging people
into what are called adult homes, which have come under scrutiny in the
But when a man who wanted to live in an adult home challenged the
regulation in state court, the state agreed to temporarily halt it — a
move that could potentially dissolve the larger agreement.
The man was represented by an attorney for the adult home industry. Jota
Borgmann, an attorney for the mentally ill, say emails show the attorney
for adult homes potentially colluding with health department lawyers on
the lawsuit. U.S. District Judge Nicholas Garaufis says if that's case, he
would consider it "a fraud" on the court.
The state attorney general was representing the Department of Health in
the federal court legal settlement. Lawyers for the Attorney General have
accused the state of going behind their back to halt the regulation.
They've asked to withdraw as counsel.
Last edited by Laura; 03-30-2017 at 06:44 AM.