Appeal of DMR determination of need, decision by H.O. Deirdre Rosenberg 10/5/07

Outcome: Denied

Keyword: Appeal of DMR determination of need, Boulet, residential placement

Hearing Officer: Deirdre Rosenberg

Counsel present for Appellant:

Counsel present for DMR: John O. Mitchell

Hearing Officer decision: 10/5/07

Appeal confirmed by Commissioner: 10/12/07

Appellant was part of a class-action lawsuit on behalf of individuals with mental retardation or developmental disabilities who were on a DMR waiting list for residential placement as of July 2000. Edmund Boulet, et al. v. Argeo Paul Cellucci, Civil Action No. 99-CV-10617-DPW. Under the settlement, DMR agreed to provide over 1,000 new state-funded out-of-home settlements. The appellant did not want a residential placement. However, she filed a Notice of Appeal Rights in June 2006 to DMR. Although the appellant did not want the residential placement, she also did not want to discharge DMR of its responsibilities under the settlement agreement.

The hearing officer denied the appellant’s appeal. The hearing officer reasoned that appellant rejected DMR’s offer of a residential placement, and therefore DMR had no other responsibilities to provide alternative services, or set aside funds for the appellant.