Vermont Investigate the Abuse of "Developmentally Disabled Offenders"

We the undersigned hereby affirm there is is sufficient evidence showing abuse within Vermont's programs for the Developmentally Disabled to initiate a full investigation.

The offender population of DD Individuals are highly marginalized, they are kept on a 24 hour watch, with little to no outside contact with society. Vermont's System of Care states, "When people with disabilities are segregated from community life, all Vermonters are diminished. Effective services and supports foster full community participation and personal relationships with other members of the community." This is an important aspect of rehabilitation, reducing recidivism for these sensitive individuals. The present system for "rehabilitating" DD individuals increases the chances of abuse by denying these individuals contact with the outside world.

The petitioners are requesting the State of Vermont to conduct a full investigation of all the organizations that are responsible for DD individuals. The investigation should include but is not limited to:

- Review of all documents provided by the Petitioners. 

- Review of Vermont's DD Offenders Rehabilitation Training Programs: investigate current and past care-givers comparing the training they received and their performance of the criteria outlined in Vermont's System of Care and their individualized Care Plans.

- Review Vermont's Victim Services, whose interaction with DD offenders in these programs must be proactive to be effective. 

- Review of legal representation in past court cases of DD individuals.

- Review current rate of DD Sex Offender rate of recidivism.

- Interview current and past participants from these programs.

- Economic audit of the programs.

- A published report of the state's findings including a timeline of actions to be taken to remedy the causes of infractions

Here are a few of the pertinent documents that can be found  Online:

Documents of abuse:

This series looks at a privately operated but state funded program created to deal with people who have two strikes against them:  a court has judged them to be mentally retarded, and they have been accused of a sexual offense for which, because of their disability, they cannot consitutionally be brought to trial.  Our series, which began in October 2008 and runs (so far) through May 2011, deals with “clients” who found the Safe Choices Program humiliating, confining, threatening and mentally abusive.  None of our subjects quite fits the definition Safe Choices was created to serve.  They had never been formally charged with a serious sexual offense, but instead were suspected of sexual misbehaviour and sent to Safe Choices by public or private guardians.

http://www.bartonchronicle.com/index.php/table/safe-choices/  

An investigation by Disability Rights Vermont into a report of assault by a Home Care Provider against William Bennett

http://www.scribd.com/doc/56888199/Disability-Rights-Vermont-Investigation-into-Abuse-By-Home-Care-Providers

Adult Protective Services Investigation into a report of assault by a Home Care Provider against William Bennett

http://www.scribd.com/doc/59025129/Adult-Protective-Services-Assault-Investigation

Department of Aging and Independent Living (Vermont Humans Services) Response to Guardian/Mother of William Bennett hiring an Attorney

http://www.scribd.com/doc/59025683/State-Moves-to-Remove-Guardian

Department of Aging And Independent Living and Northeast Kingdom Human Services Interfere With William Bennett's Right To Communicate with His Attorney

http://www.scribd.com/doc/56114634/Motion-to-Prohibit-Department-of-Aging-and-Independent-Living-from-Interference-With-William-Bennett-s-Rights-and-Access-to-Counselent 

Judges Response Motion To Prohibit Interference by DAIL

http://www.scribd.com/doc/56115332/Entry-Regarding-Motion-to-Prohibit-DAIL-Interference-With-Counsel

One of many Applications for Relief From Abuse 

http://www.scribd.com/doc/55445925/Affidavit-Relief-from-Abuse-for-a-Vulnerable-Adult-Shockingly-Vermont-Judge-Denies

Judge Grants Relief From Abuse Then Dismisses 

http://www.scribd.com/doc/59026727/William-Bennett-vs-Charlie-Phillips-Relief-From-Abuse

Research on DD Offender Treatment: 

Individualized tailored treatment with a broad mix of cognitive-behavioral techniques is most likely to succeed.   Group therapy with it's powerful level of control and heavy reliance on punitive and hostile confrontation provides opportunity for any hostility or pathology in a therapist can be damaging and emotionally harmful to patients (Lieberman, Yalom & Miles, 1973) http://www.ipt-forensics.com/journal/volume3/j3_1_2.htm

 

Ethical and Practical Concerns Regarding the Current Status of Sex Offender Risk Assessment by Douglas P. Boer

Actuarial Assessments are widely used to assess DD Individuals yet don't measure dynamic (changeable) variables. These factors affect the Person/offenders risk to re-offend. 

Ethical issues, which are broadly, the rights of the victims and the public for safety, and the rights of the offender for accuracy and fairness. These two broad concerns are linked since a fair and accurate risk assessment ought to serve to protect the public, reduce victimization and provide an accurate picture of the offender%u2019s risk to the public so that the agencies charged with his rehabilitation or incarceration can do these tasks in the most fair and expedient fashion. It is the responsibility of Vermont Human Services to be at the forefront of new research in a field as new as the study of DD Sex Offenders and to advise policy and law makers regarding effective risk methodologies and to encourage research in the regard. 

 http://www.sexual-offender-treatment.org/index.php?id=64&type=123

A great deal of research around "Sex Offenders" is focused on "Dynamic Factors" and "Learned Behavior" A Guide to Addressing the Needs of Developmentally Delayed Sex Offenders (National Clearinghouse on Family Violence) States "Sexually inappropriate behavior may result from environmental restrictions, lack of limit-setting, poorly developed social skills, lack of information on appropriate sexual expression or segregation".  The behavior might stem from the environment an individual with developmental delay was exposed to, "rather than from a motivation or desire to offend".  If the  sexually inappropriate behavior is not addressed it can escalate to  offending behavior.   http://www.ccoso.org/library%20articles/ddguide.pdf

Vermont's use of actuarial tests do not account for improvements with treatment, although we know that treated offenders re-offend at half the rate of untreated offenders.  Changes in Dynamic (changeable) variable are rarely addressed by risk assessment test authors. Ethical issues when assessing risk, which are broadly, the rights of the victims and the public for safety, and the rights of the offender for accuracy and fairness. These two broad concerns are linked since a fair and accurate risk assessment ought to serve to protect the public, reduce victimization and provide an accurate picture of the offender%u2019s risk to the public so that the agencies charged with his rehabilitation or incarceration can do these tasks in the most fair and expedient fashion.

The TIPS-ID, Treatment Intervention and Progress Scale for Sexual Abusers with Intellectual Disabilities is an Assessment Tool rating DYNAMIC Factors. Virtually every aspect of life for the people who are on Civil Commitment and 24/7 supervision is controlled by their care-providers.  Being antisocial is considered a "risk factor", yet strict supervision prevents any opportunity to socialize. Individuals voicing grievances in the categories of "Residence" & "Treatment Program" will be scored higher for voicing dissatisfaction.  So reporting abuse or neglect becomes a punishment. The result is that bad care providers and treatment providers can elevate an individuals "Risk" scores and it could be argued that they also increase "the Risk to Public Safety".  http://www.ddas.vermont.gov/ddas-publications/publications-os/publications-os-documents/os-pub-tip-scale-sexual-abusers

Overview of Vermont's Sex Offender Management System for Individuals with Developmental Disabilities, dynamic factors affecting recidivism (re-offence) rates are addressed.  Comparisons of community Vs. insititutional treatment where the dynamic factors can be addressed with positive role models, peer groups, living and work situations.   According to the document, Institutional settings promote a higher re-offense rate by "creating a negative peer group; negative peer group increases risk".

www.nasddds.org/pdf/DD-VT-GailFalk.ppt - Similar

More Vermont documents

A Report to Representatives Lippert and Marcotte states, the Commitment Period for Act-248 "qualifiers"  i.e. DD offenders, needs to be defined. It also supports; additional Review Process for individuals In Highly Restrictive Programs, Up to Date Risk Assessment with Criminology Assessment Tools and Outside Evaluations for Individuals who have been in treatment for more than Four Years

http://www.scribd.com/doc/53209496/February-2010-Report

 

Documents on NKHS & other service providers:

 

Many Complaints about the Abusive Practices of Northeast Kingdom's "Safe Choices" program, and the Best Practices Manual states that a confrontational approach is rarely effective, they continue to protect a therapist accused of hostility and abuse.(Haaven, Little and Petre-Miller 1990)

http://www.ddas.vermont.gov/ddas-publications/publications-os/publications-os-documents/os-pub-supervision-treatment-sex-offenders-with-ds

A report to the legislature to Re-Design the Adult mental Health System states; services are non-coercive, provided in the least restrictive setting possible and are easily accessible and provided in a timely and flexible manner, comprised of practices that have been shown to work, i.e. evidence-based  practices, encompass a holistic approach to wellness, acknowledging the social, physical, emotional, spiritual, occupational, intellectual, environmental and includes working with families and other members of the individual's support circle. 

http://mentalhealth.vermont.gov/sites/dmh/files/report/legislative/DMH-Challenges_for_Change_Adult_Re-design.pdf

 

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