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UNITED STATES DISTRICT COURT DISTRICT OF MAINE CONSUMER ADVISORY BOARD, et al., Plaintiffs, v. BRENDA HARVEY, et al., ) ) ) ) ) Docket no. 91-CV-321-P-S ) ) ) ) )

Defendants.

ORDER ACCEPTING THE SPECIAL MASTER'S REPORT REGARDING THE SUPPLEMENTAL PLAN OF CORRECTION FOR ADULT PROTECTIVE SERVICES Before the Court is the September 18, 2009 Special Master's Report Regarding the Supplemental Plan of Correction for Adult Protective Services (APS) (Docket # 362) (the "September 18, 2009 APS Report"). Via this Report, the Special Master accepted and approved Defendants' reports on the only remaining requirement for APS certification--implementation of tracking for APS recommendations. In approving Defendants' latest plan, the Special Master found only that Defendants' plan was a "reasonable means of achieving a cure." (Sept. 18, 2009 APS Report at 3.) Given this limited finding, the Special Master listed APS as one of three "significant open issues left for resolution" in his Final Report. In relevant part, Plaintiffs' Objections to the Final Report of the Special Master asserts that, with respect to APS, "findings of noncompliance remain outstanding." (Pls.' Obj. (Docket # 372) at 10-11.) In the Court's assessment, the APS system must be reviewed in light of the minimal requirements of the 1994 Consent Decree, which are listed in Section XVI(8). This Section requires that Defendants have "in place" "an advocacy system adequate to meet all persons' needs." (1994 Consent Decree at 38.) In the Court's assessment, the record clearly supports a finding that the improved APS system currently meets or exceeds this requirement. Accordingly, having reviewed the available record in its entirety, the Court FINDS Defendants have achieved substantial compliance with Section XVI(8) of the 1994 Consent Decree. While there is no evidence suggesting that any class member has been left in an unsafe situation as a result of inadequate or untimely APS investigations, the record does suggest

lingering concerns regarding how Defendants are tracking and implementing critical APS recommendations and, thereby, taking any necessary corrective actions to ensure the ongoing well-being of class members. In the Court's view, these concerns are most appropriately

addressed in the context of considering whether there are mechanisms for future compliance. SO ORDERED. /s/ George Z. Singal United States District Judge Dated this 2nd day of February, 2010. Plaintiff CONSUMER ADVISORY BOARD represented by JAMES R. CROTTEAU STOCKING & CROTTEAU, LLC 46 BERRY COVE RD LAMOINE, ME 04605 207/667-8294 Email: jcrotteau@adelphia.net LEAD ATTORNEY ATTORNEY TO BE NOTICED BRUCE A. MCGLAUFLIN PETRUCCELLI, MARTIN & HADDOW 50 MONUMENT SQUARE PORTLAND, ME 04112 207-775-0200 Email: bmcglauflin@pmhlegal.com ATTORNEY TO BE NOTICED GERALD F. PETRUCCELLI PETRUCCELLI, MARTIN & HADDOW 50 MONUMENT SQUARE PORTLAND, ME 04112 775-0200 Email: gpetruccelli@pmhlegal.com ATTORNEY TO BE NOTICED Plaintiff AMELIA DOE represented by JAMES R. CROTTEAU (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Plaintiff MARY B DOE represented by JAMES R. CROTTEAU (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff FAYE DOE represented by JAMES R. CROTTEAU (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff JOHN DOE represented by JAMES R. CROTTEAU (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff CAROL WYMAN as guardian of APRIL WYMAN represented by JAMES R. CROTTEAU (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff ROBERTA GOSSNER as guardian of PAMELA PERRO represented by JAMES R. CROTTEAU (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Plaintiff JOHN PERRO as guardian of PAMELA PERRO represented by JAMES R. CROTTEAU (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff ROBERT CLAVETTE represented by JAMES R. CROTTEAU (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff BONNIE HANSON represented by JAMES R. CROTTEAU (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff MARION TOOTHAKER as guardian of WILLIAM TOOTHAKER represented by JAMES R. CROTTEAU (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff ALL PLAINTIFFS represented by GERALD F. PETRUCCELLI (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED JAMES R. CROTTEAU (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED BRUCE A. MCGLAUFLIN (See above for address) ATTORNEY TO BE NOTICED

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V. Defendant DESHAIES, ROGER In his capacity as Director of the Bureau of Mental Retardation, Maine Department of Mental Health & Mental Retardation Defendant HARTLEY, DONALD In his capacity as Superintendent of the Pineland Center represented by CHRISTOPHER LEIGHTON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED represented by CHRISTOPHER LEIGHTON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES COMMISSIONER represented by CHRISTOPHER LEIGHTON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED JANET T. MILLS MAINE ATTORNEY GENERAL'S OFFICE SIX STATE HOUSE STATION AUGUSTA, ME 04333-0006 207-626-8599 Email: janet.t.mills@maine.gov ATTORNEY TO BE NOTICED V.

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Notice Only Party CLARENCE J SUNDRAM AUDITOR represented by CLARENCE J SUNDRAM 28 TIERNEY DRIVE DELMAR, NY 12054 518-527-1918 Fax: 518-439-9740 Email: cjsundram@alumni.ksg.harvard.edu PRO SE

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Maine Law