United States District Court in Boston – Rolland Hearing
– United States District Court
– Rolland Settlement
United States District Court
1 Courthouse Way
Boston, Massachusetts 02210
Phone: 617- 748-9152
Rolland Appeal Court Case # 08-1874
Website:
http://www.mad.uscourts.gov/
Wednesday, my mom, Ric, Amanda and I traveled to Boston to attend the Rolland Appeal hearing in the Court of Appeals at the John Joseph Moakley United States Courthouse. This courthouse is the headquarters for the United States Court of Appeals and the United States District Court for the District of Massachusetts. This Federal Courthouse, located on Fan Pier is a beautiful modern brick building that is Accessible to persons with disabilities with only a few barriers in that it doesn’t provide wheelchair accessible seating in the court rooms and doesn’t provide assistive technology such as closed captioning for the deaf and hard of hearing.
Due to many medical needs and lack of state funding, I spent 20 years of my life in a nursing home. The Rolland v. Romney Settlement between Steven Schwarz, leading Attorney of Center for Public Representation and the Commonwealth of Massachusetts made it possible for me to move out of the nursing home into my new DDS community home in September of 2007.
At first my parents and I were really afraid and scared about me leaving the nursing home due to my many medical needs. Once I moved to the community I soon realized how wonderful life can be. I am better cared for medically than I ever was in the nursing home! I am now living a very full and exciting life in my new community home with Josh, my friend and roommate. The Massachusetts Department of Developmental Services (DDS) provided me with a lot of support and encouragement during my transition and provides me with all of the community and medical services I need. Moving out of the nursing home to the community was the best thing that ever happened to me. I LOVE MY NEW LIFE!
The Rolland v. Romney settlement ended in 2007; I was one of the last class members to move out of the nursing home in 2007. But then another Rolland Settlement, filed 3/21/08, Rolland v. Patrick made it possible for Commonwealth of Massachusetts to move more nursing home residents to the community. By 2012 the state must create 640 new community placements for the developmentally disabled citizens and transition that number of current nursing home residents into community homes with all the medical and community services they need.
Families of the Seven Hills Pediatric Center at Groton, MA organized ‘Avert Rolland Tragedy’ @ http://www.avertrollandtragedy.org/. Their goal is to prevent the Commonwealth of Massachusetts from moving their children out of their long-term nursing home.
These Groton families are once again appealing the Rolland v. Patrick Settlement Agreement in the United States Court of Appeals. These families of Groton lost their first appeal at the United State Courthouse in Springfield in May of 2008. I was planning on testifying at that hearing yet couldn’t make it due to illness. My mom presented written testimony in support of the new Rolland Settlement.
Steven Schwartz, Attorney for Center for Public Representation and Attorneys from the Commonwealth of Massachusetts have opposed the efforts of the Seven Hills Pediatric Center residents and their families to be left out of the Rolland plaintiff class. The Massachusetts Department of Department of Developmental Disabilities, The ARC of Massachusetts, Disability Law Center, and Massachusetts Association for Retarded Citizens support the Rolland Settlement and oppose the Seven Hills Pediatric Center residents’ and families’ efforts at decertification. I too support the Rolland Settlement and strongly support moving persons with disabilities out of nursing homes and institutions. I would never again want to live in a nursing home!!
Wednesday was another appeal hearing for the court to determine if the parents/guardians of individuals at Seven Hills could stop DDS’s efforts to place their children in the community. Attorneys from both sides presented their case. A very kind court clerk told us the public can access the audio recordings of the court’s oral arguments for this case # 08-1874 by going to their website @ http://www.ca1.uscourts.gov/ and then click on Court Calendar.
I attended this hearing to show my support of the Rolland Settlement, Steven Schwartz, Center for Public Representation and The Massachusetts Department of Developmental Disabilities for all they have done to improve my life by moving me out of the nursing home and into the community.
The families of Seven Hills may feel desperate, scared and nervous about moving into the community just like my family and I were at first. I hope the families reconsider moving their children out of the nursing home for it’s a wonderful opportunity which I can attest to first hand. I also hope the Federal Judges who heard the Rolland appeal understand how much better it is living in the community with all the medical and community supports you need.
As for the Accessibility of the United States District Court, there is a public parking lot conveniently located next to the courthouse for a $12 flat rate. My mom brought my family van because the middle windows open and she likes me to get air. We parked our van in one of the 8 handicap parking spaces that are right in front of an open gate to cross over to courthouse. The pedestrian sidewalks have curb cut-outs for wheelchair access.
The brick and stone tiles placed in front of the courthouse are easy to wheel along. The entry doors in the front and rear entrance are automatic with simple push of button. As soon as we entered we were asked to give our cell phones, camera and video recorder to the nice security guard behind the desk. We then proceeded to the security screening line. We were asked to show our valid picture ID’s; I couldn’t go through the metal detector because of my chair so a nice security guard checked me and my bags with a wand.
Once inside this courthouse, I found it spacious and absolutely beautiful. There are windows on the entire rear side of the building with a great view of Boston Harbor. I was pleased to find the public payphone booths and water bubbler is wheelchair accessible. A convenience store located on the first floor has an accessible cashier countertop. The café located on the second floor has trays that are placed at an accessible height and all the food choices are easy to reach. The cashier counter is of a perfect wheelchair accessible height and the stainless steel tables are really cool and wheelchair accessible and of perfect height for my chair to fit comfortably. The cost of the food was reasonable and it was delicious!
The restrooms are spacious, wheelchair accessible and fully ADA compliant; except the pipes under the sink are not covered as is ADA required; this surprised me because the ADA is a Federal Civil Law and this is a Federal Building. The water faucet is automatic and the soap and towel dispensers are easily in my reach.
We took the elevator to the 7th floor where the Court of Appeals, main courtroom is located. The elevators are all spacious and easy to turn my chair around; the call buttons are within my reach. Once we entered the courtroom, I found NO wheelchair accessible seating; there are no cut-out sections in any bench seat to fit a wheelchair. I had no choice but to sit in the middle of the aisle but at least the aisle was wide enough for others to get by my chair.
The only other accessible problem was there is NO assistive technology such as closed captioning for the deaf or hard of hearing to know what is being said. My mom is deaf in one ear and partially deaf in the other ear and had to ask my friends and I what was said after the hearing. We called the courthouse and they confirmed there is no assistive technology available for the deaf.
After the hearing was over, I was happy to see Steven Schwartz of Center for Public Representation who warmly greeted me and thanked me for coming. I was also warmly greeted by Ken Smith, Assistant Deputy Commissioner and Marianne Meacham, General Counsel of Department of Developmental Services (DDS) – Boston Office and Leo Sarkinson, Executive Director of The ARC of Massachusetts. They are all very kind, caring and compassionate and really care about the quality of lives for us who are disabled.
After we exited the building, we took a stroll on the property of the Courthouse which is located on Fan Pier. The view of the Boston Harbor is breathtaking. I was in my Permobil C350 Power Chair and found wheeling easy on the brick walkways. I really enjoyed seeing the Stone slabs on the building that have Amendments of the US Constitution engraved. One was about everyone’s right to a speedy and public trial by an impartial jury.
The landscaping is beautiful! An outdoor patio in the rear has metal picnic tables that are wheelchair accessible for there is an open space to fit a wheelchair. The rear door to the courthouse is automatic with a simple push of a button. The glass windows on the entire rear side of the building are spectacular to see.
I give the United States District Courthouse FOUR STARS for wheelchair accessibility. In order to earn the Fifth Star they would need to place some wheelchair accessible seating in the courtrooms; provide assistive technology such as closed captioning for the deaf and hard of hearing; and cover the pipes under the accessible sinks in the restrooms which is required by ADA.
I give FIVE STARS PLUS to Steven Schwartz, The Center for Public Representation, The Massachusetts Department of Department of Developmental Disabilities, The ARC of Massachusetts, Disability Law Center, Massachusetts Association for Retarded Citizens and all others who support the Rolland Settlement.
Thank You for helping to make the world a better place for us who are disabled!
Kenny & Company
March 25th, 2010 at 11:13 pm
Dear Kenny,
Regarding your own personal situation as stated above, my heart is extremely glad for you that you are much happier in your new home.
However, one size does not fit all.
My daughter, Janay, has lived at Seven Hills at Groton for over 32 years now, and I thank God every day that there is such a facitlity, for her to live her highest potential functional level of life.
Seven Hills at Groton is a very modern, state-of-the-art medical facility, regarding all things medical, for the severely multiply handicapped residents. Administration and all staff match the facility in amenities, intelligence, and providing a loving family-type atmosphere for my daughter and all the other residents.
Highly “skilled” licensed nursing care, is around the clock, 24 hours, 7 days a week. Licensed nursing care is not available currently, 24hrs/7days a week at any group home.
My daughter Janay suffers from multiple chronic illness’ and could never function in any way, in the real world we live in. Seven Hills at Groton IS her world; the only home she, after 32 years, recognizes as her only home. Many other residents who live there, also, have resided there over 30 years.
Janay does not recognize me, due to cortical blindness.
She cannot talk, or walk. She still is unable to have complete head control, which is the first step in a newborn baby’s development.
She does not know what a word is. She does not understand the concept of “mom” or “dad” or any other spoken word.
Doctors can only guess at what is going on in her brain.
She cannot do or think, anything we consider to be “normal”.
Janay is severely brain-damaged, resulting in both severe mental & physical multiple handicaps – and medically labeled as profoundly retarded.
Janay is only one or 2 medical steps away neurologically, from being in a permanent coma.
How much I would love Janay to compose a letter such as you did !
Seven Hills at Groton personally caters to and provides for much more than Janay’s daily needs, of feeding, bathing, ect.
If she smiles during an activity in her personalized custom-made wheelchair for her physical problems, staff recognizes what Janay enjoys, and provides it, over & over again.
Janay does not adjust well to changes, and if her daily routine is changed, she responds by refusing to drink or eat, resulting in multiple hospitalizations for dehydration, hypothermia, urinary infections,…all taking more of a physical deterioration on her under-compromised body systems.
Pneumonia’s which were frequent in her baby years, have disappeared from her life since she was admitted to Seven Hills at Groton.
This condition is called “transitional trauma” and results in unwarranted pain and suffering, on Janay’s health – and further deterioration.
Seven Hills at Groton is an extra-ordinary, unique, one of a kind medical & residential facility.
The Commonwealth of Mass. could NEVER financially begin to meet the multiple daily medical needs of these residents.
If Janay’s health deteriorated in ANY way, from an involuntary,against-medical-advice from her MD, residential move to any other facility, and against my legal rights as her guardian, any personal injury lawyer would love to handle that medical negligence case.
Pain and suffering, proven with legal health documents, and a residents history of, would result in multiple lawsuits against the Commonwealth.
A mother’s job evolves around the safety & well being of her children.
In the eyes of the law, Janay is an adult. However, she is mentally incapable of making her own decisions, and having to hire a lawyer years ago, I did become her legal guardian.
I do believe in my heart, I know what is best for my child, like most parents do.
As her legal guardian, my rights to Janay’s well being is suppose to be legally recognized by the law & the people who make & enforce them. I emphatically am against Janay moving anywhere.
Judges are highly intelligent with the law; and any judge worth his/her while, leaves the medical decisions to MD’s.
Not once, did the federal judge visit this unique facility after our many requests; for a picture is worth a thousand words. The resident’s medical disabilities are visual, auditory, and tactile, severly affecting their mental cognition also.
They all receive the “best of the best” of everything, at Seven Hills of Groton.
Any move may/would be detrimental to their very medically-fragile lives.
A letter is on file at the facility in Groton, from the MD’s at Children’s Hospital of Boston, stating that THEY are against these severly medically fragile residents, from moving. They know intimately, our children’s dsily, delicate,potentially fatal, health issues.
I wish you the best in your life, & continued health and happiness for your future.
I hope & pray, you will find it in your heart, that what is good for one person, may NOT be good for another. We are all unique individuals, in so many ways – with different daily needs & wants. Some -not many- are much more fragile medically, than others.
Please visit:
http://www.avertrollandtragedy.org/background1.html
Thank you.
March 26th, 2010 at 11:27 am
Dear Fran,
I too was afraid of my son, Kenny leaving the “highly” skilled nursing center where he lived for 17 years to a home in the community. I now know it is the best thing that ever happened for Kenny.
I truly understand YOUR FEAR of having your daughter leave the skilled nursing center to a community home, yet hope you will find it in your HEART to give your daughter a chance of living a more fulfilled life in the community.
You may believe she could never function in any way, in the real world we live in yet you and her doctors don’t really know unless you give her a chance.
The Commonwealth of Massachusetts can meet the multiple daily medical needs of all the disabled in the community. I am well aware of community homes that have highly “skilled” licensed nursing care around the clock, 24 hours, 7 days a week and personally know of nursing home residents who have similar disabilities as your daughter who are doing well and thriving in these community homes.
I strongly believe that we as parents should give our children every opportunity of living the best life they are capable of.
I wish you and your daughter well.
March 27th, 2010 at 1:17 am
Hi Fran
I worked for a company in MA that has homes that do have 24/7 nursing care and they have people that have similar problems you mentioned and multiple issues as well and are considered very fragile as well. I do understand the fear of change and also know that people like Janay do respond poorly to big changes at first.
I’ve seen first hand how people have really done well in group homes, people many thought could never make it in the real world as you say but they are doing very well. I hope you have at least done as you asked the judge to do, at the very least look at some of these homes, see what you Daughter might have a chance at. I think looking couldn’t hurt. If you have made up your mind without ever considering or looking at these places then you are doing as you claim the judge is. I do agree with on one point, A picture is worth a thousand words.
Good Luck in the futture.