Saturday, March 14, 2009

Why shouldn't people w/ mental health challenges be allowed to manage their own disability check funds? Family Care Homes BLOCK IT

These are some of the items associated with a continuing series of complaints I have filed on WNC Homes, a Family Care Home, whose administration attempted to have me arrested at 7 pm, 4 weeks ago, when I was rendering therapy to a resident as pertaining to their previous demand that I not see clients after 6 pm.

I was informed by Kayce Cowan, of the state DHSR regulatory agency over the Family Care Homes in Buncombe county (kayce.cowan@ncmail.net) that a report would be available for the public very soon.

As regards WNC Homes and what I perceive to be confusion that fosters dependence by the people/ residents mostly with mental health challenges who live there-----WNC Homes had no rules posted outlining the visiting hours by family members and professionals. As far as I was concerned their demand was arbitrarily stated to me as I had been trying to get to the bottom of why some of the residents indicated they had not received their Personal Needs Allowance, the less than 2% of their disability checks left over after their room & board and medication co-pays are utilized. This sum is commonly $46/ month/ resident. That is their spending money for the entire month.

One of the results of the session that I had at DSS Buncombe on March 16, 2009, was to have resulted in a public posting of the 'times for visitation' within the WNC Homes.

I am still banned from coming onto the property of WNC Homes, however while physicians and physicians' assistants may do so. I will be following this up w/ another complaint to DHSR.

I would venture to say that most of the people who have SPMI, Severe Persistent Mental Illness, in NC are living in Family Care Homes and thus this one residents' concerns are potentially the concerns of ALL OF THEM----tens of thousands of them----who were re-warehoused subsequent to Wyatt v Stickney which released people with mental health challenges back into the communities----only to be re-warehoused by the Family Care Homes.

To make a formal complaint on a Family Care Home, go here:
Division Contact: Rita Horton
Complaint Hotline: 1-800-624-3004 (within N.C.) or 919-855-4500
Complaint Hotline Hours: 8:30 a.m. - 4:00 p.m. weekdays, except holidays.
Fax: 919-715-7724
Mail: 2711 Mail Service Center, Raleigh, NC 27699-2711
You can also file the complaint via this form, found online:
http://www.dhhs.state.nc.us/dhsr/ciu/doc/complaint_form.doc

THESE COMPLAINT REPORTS ARE PUBLIC INFORMATION AND NC DHHS, TO THEIR CREDIT, HAS SET UP A GRADING TOOL WHICH CITIZENS MAY USE IN ORDER TO EVALUATE FAMILY CARE HOMES. This was instituted 1.1.2009 and certainly this is to Governor Beverly Perdue's credit.

I have not assigned details to this matter as there was a 'confidentiality statement' signed by everyone in that room that day, March 16, 2009.

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What happened?: An administrator for WNC Homes in Asheville, NC, a Family Care Home, improperly intercepted personal & confidential US Mail letter addressed to --------- Asheville, NC 28801 during the month of February, 2009. The resident never received his letter, as per his statements to me who was acting as his psychologist. I did give him a copy of his letter at a later therapy appointment on February 16, 2009; he reportedly took this letter to Pisgah Legal Services; I have had no contact from them. The matter is important because it concerned my statement to Pisgah Legal Services asking that --------------- ability to be his own guardian, and his own social security disability check payee, be reconsidered by the court system. At the present time, WNC Homes is the payor for ---------------- disability check.

A caveat: Here is the Family Care Homes law in NC:

http://ncrules.state.nc.us/ncac/title%2010a%20-%20health%20and%20human%20services/chapter% 2013%20-%20nc%20medical%20care%20commission/subchapter%20g/subchapter%20g%20rules.html

The law states: (chapter 13G-Licensing of Family Care Homes: 10A NCAC 13G.1101 Management of Residents Funds):"Residents shall manage their own funds if possible."

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Was the incident reported to the staff: The incident was reported to Kayce Cowan and Cheryl Simcox, of DSS Buncombe, via e mail, on Monday, March 16th, subsequent to the meeting at DSS Buncombe when I realized that in fact the letter intended for (the resident) had been intercepted by the administrator of WNC Homes as evidenced by his displaying of the letter intending to bring my judgment into question as associated with this client with a severe and persistent mental illness. I believe that whether he is capable of being his own guardian and thus the recipient of his disability check is a question for the courts to resolve.

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How has the negative outcome affected the resident’s functioning? : I do not know. I do believe that the client merits having the court system reconsider he being his own guardian and recipient of his disabilty check given that the purpose of NC Mental Health Reform as associated with Community Support Services, which he apparently receives, is to encourage independence and an improvement of skills associated with increasing independence and responsibility.

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