State of CO is kidnapping the Intellectually and Dev Disabled (IDD), Stakeholder meeting 1/25, Arbitrary mandatory reporting of Abuse and Neglect
Violating individual civil rights, forcing IDD to sign papers and refusing access legal counsel
By Maureen Welch, Volunteer
This is a short synopsis of the civil rights issues affecting vulnerable at-risk adults with Intellectual and Developmental Disabilities (IDD) by the CO Department of Human Services- Adult Protective Services (APS) who are aggressively, and lawlessly gaining guardianship over IDD individuals.
Dozens of Stories have come to our attention. And more concerned community members are reaching out daily.
IDD adults are forced, and coerced during interrogations. APS shows up, often at day program without any court order, the individuals with IDD are isolated in rooms with strangers telling them they cannot leave until they sign a paper. After signing, they become clients of APS and their rights are then under State authority. APS then moves forward with emergency guardianship. No one is allowed to see these forms (signed or blank). APS requires a court order.
They are then kidnapped by APS investigators (without a court order), forcibly removed from their current residence, and against their will are placed at other residential host homes and day programs.
All of their rights delineated in statute are then revoked, including the right to seek legal counsel.
Sometimes APS overrides current guardianships due to the abuse and neglect investigation with an emergency guardianship. Then APS then gets a judge to award them guardianship in a court process. It appears the courts prefer to listen to APS over the guardian and the people who most know the person with IDD. Often months go by with no update to involved parties.
What can we do? It is not to late for input to the rule making process. Colorado Department Human Services (CDHS) is a department in the executive branch which gets rule making authority from the Legislature. You can contact me by replying to this email.
CDHS is currently in the midst of "promulgating" (writing and approving rules) for APS using recent legislation and current statute as their guides. There is opportunity to provide stakeholder input to proposed rules before the State Board at CDHS votes. At the December 5, 2017, I asked for a delay to create time to review and have the impacted Coloradans have an opportunity to meet in a stakeholder meeting. It is scheduled for January 25th 5:30-7pm at CDHS, details below.
Below please find the details for the CDHS Stakeholder Meeting on January 25th. If you prefer to share input with me to bring to the meeting and keep your identifiers confidential, please reply to this email. The rules are the directives by which the department proceeds so they read very technically, however we can ask for clarification if they are not clear.
The purpose of this meeting is to seek feedback from community stakeholders on the proposed changes to APS Rules outlined in APS Rule Packet #1 which will go to the State Board of Human Services for final review on February 2nd and APS Rule Packet #2 which will go to the State Board of Human Services for first reading on February 2nd. Please feel free to forward this information to your contacts.
The meeting will take place on Thursday, January 25, 5:30-7:00pm at CDHS, 1575 Sherman Street, Denver in the 8th Floor CStat Conference Room. There is metered on-street parking and several pay-for-parking lots in the area. For those attending in person, they will need a photo ID to sign in at the security desk to receive a badge to enter the building. For those that would like to attend via phone and/or webinar, the information to call in is 302-202-1110, passcode 171769 and to register for the webinar the link is https://attendee.gotowebinar.com/register/1621008181777061378
Rule packets (17-16-26-01 and 17-16-26-02). Stakeholders that would like a hard copy are asked to print and bring to the meeting.(I will request some are printed for the meeting by CDHS for those unable to print own copies.)
LInk to review document #1 (Rule making packet #1 "DOC 1") from Dec 1, 2017 CHDS Board meeting http://bit.ly/2CXJWXK
Link to Rule packet #2 and DRAFT OM for Severity Levels 11.28 , the two APS documents from Dec 5, 2017 APS task group meeting. http://bit.ly/2myaZTB
If you wish to see the referenced legislation, they are available by searching by bill number at http://leg.colorado.gov/bills . Access to current Colorado Revised Statute is at https://leg.colorado.gov/agencies/office-legislative-legal-services/colorado-revised-statutes .
If stakeholders are unable to attend this meeting but would like to provide feedback on either of these rule packets for the Department's consideration, they may either email or call me, Mindy, at the contact information listed below and we will take the feedback into consideration.
(OR you can email to me, Maureen by replying to this email- I can keep confidential your identifiers)
Mindy Kemp , Director Division of Aging and Adult Services
P: 303-866-4927 C: 720-626-9627 F: 303-866-2977 1575 Sherman Street Denver, CO 80203