Supreme Judicial Court Rules Protecting DDS Residential Procedure
Court Sides with ADDP/Arc Brief
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 The Supreme Judicial Court Friday vacated an abuse prevention order obtained by a woman in a residential treatment program, determining the statute does not cover people in such living situations. "We recognize that the central issue of this case involves the serious and important matter of the safety of individuals with intellectual disabilities under State care, and respect the legitimate concerns of the victim's guardian for the safety of her daughter," the decision by Chief Justice Roderick Ireland stated. "Nonetheless, we conclude that the relationship between the defendant and the victim, in the circumstances here, is not the type of relationship contemplated by the statute." The alleged victim Christina Silva and the alleged aggressor Nancy Carmel are both intellectually disabled adults who were enrolled in a residential program at Riverside Community Care, in Newton Lower Falls, which is funded and regulated by the Department of Developmental Services, according to legal filings. The restraining order forced Carmel to move away. The SJC determined that on May 22, 2012, Carmel went outside Silva's bedroom and during an "ensuing altercation" pushed her into the bathroom, where she fell backwards into a bathtub. There had allegedly been multiple attacks over two years.  The Association of Developmental Disabilities Providers and Arc of Massachusetts (amicus brief written by ADDP Attorney and Director of Governmental Affairs, Tara Hopper Zeltner, Esq.) supported overturning the restraining order, arguing in a brief that applying the abuse prevention law to people in residential facilities "will cause unintended negative consequences and adversely impact persons with intellectual disabilities and the providers who serve these individuals." Community Legal Aid argued programs for people with disabilities are designed to be "home-like" and they should have the same protections as the general public.
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