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M.D. vs. DEPARTMENT OF DEVELOPMENTAL SERVICES & another.
M.D. [FN1] vs. DEPARTMENT OF DEVELOPMENTAL SERVICES [FN2] & another. [FN3] No. 12-P-241. Middlesex. September 18, 2012. - April 1, 2013. Department of Developmental Services. Intellectually Disabled Person. Administrative Law, Hearing, Agency's interpretation of statute, Substantial evidence. Notice. CIVIL ACTION commenced in the Superior Court Department on March 25, 2011. The case was heard by Daniel M. Wrenn, J., on a motion for judgment on the pleadings. Stephen Michael Sheehy for the plaintiff. Timothy J. Casey, Assistant Attorney General, for the defendants. Present: Berry, Brown, & Agnes, JJ. BROWN, J. The Fernald Developmental Center (FDC) will be closing as an Intermediate Care Facility for Persons with Mental Retardation (ICF). This policy decision removing a group of intellectually disabled individuals from that facility is no longer subject to review by the Federal courts. [FN4] Born in 1943, M.D. is moderately intellectually disabled and suffers from severe mental illness. She is one of the last fourteen residents of FDC, where she has lived since 1985. At FDC, M.D. receives services and supports in accordance with the individual service plan (ISP) developed by her team. [FN5] On May 28, 2010, the Department of Developmental Services (DDS) gave notice to M.D.'s guardians of its intentions to transfer her from FDC to the Wrentham Developmental Center (WDC), another ICF in the Commonwealth. This notice is required by G.L. c. 123B,

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