On Deadline For Facility Plans?

The suit was filed in 2001 by Guam Legal Services Corp, an advocacy group for handicapped individuals, after it was approached by the guardians of some of the clients confined at the Adult Inpatient Unit at the Mental Health facility. "We tried to work with the prior administration," said attorney Daniel Somerfleck, Guam Legal Services director. "But we'd work out agreements and then they did not sign them."

The suit was filed on behalf of four specific individuals but has been expanded to include "all those similarly situated." The defendants named-all in their official capacities-are Gov. Felix Camacho; J. Peter Roberto, director of the Department of Mental Health and Substance Abuse; and Roseanne Ada, director of the Department of Integrated Services for Individuals with Disabilities.

Specifically, it was alleged that the facility was poorly maintained to the point of being unsanitary and unsafe, that the unit was understaffed, that the staff was poorly trained in the handling of patients and often mishandled or neglected them, and that programs and living arrangements appropriate to individual needs were inadequate or unavailable.

On June 8, 2004, U.S. District Judge Consuelo Marshall ordered the government to develop: plans for a waiting list, plans for community services and supports to place the plaintiffs in living situations outside the inpatient unit, policies and procedures for changing clients' community placement, and to implement a minimum care requirement detailed by the court. It also ordered officials to place the plaintiffs in community-based facilities within 180 days.

In March and again in May this year, Somerfleck filed motions to hold the defendants in contempt of court "because clearly they hadn't performed." While the court noted some progress, it agreed with Somerfleck. Several days before a crucial Aug. 11 court hearing, Camacho called the Guam Legislature into special session in which he requested and received an emergency appropriation of $3 million-$1.95 million for two new community housing programs (one has been recently completed), $480,000 for medication, $300,000 for a quality assurance and risk management program, and $270,000 to ensure the facility meets fire and building safety standards and for data collection.

During the August hearing Somerfleck suggested that the court place the Department of Mental Health in receivership. However, the court extended the deadlines until October 11 with a threat-failure to meet the deadline is to result in monetary fines beginning at US$250 per day per violation for the first 10 days, increasing up to US$1,000 per day per violation after 30 days.