| FOR IMMEDIATE RELEASE
December 14, 2007
Contact:
Thomas Hemmert
(614) 466-7264
OLRS Files Complaint in US District Court
Seeks Community Placements for Residents Living at Fairfield Center
COLUMBUS
-- The Ohio Legal Rights Service (OLRS) filed a complaint today in the U.S. District Court, Southern District of Ohio, seeking the community placement of those residents living at Fairfield Center, an Intermediate Care Facility for the Mentally Retarded (ICF/MR) located in Butler County. OLRS alleges that the Defendants have discriminated against Plaintiffs by failing to place them in integrated community settings that are appropriate to their needs. The complaint was filed on behalf of three residents against the Butler County Board of Mental Retardation and Developmental Disabilities (MRDD) and Alexson Holdings, Inc., the company managing Fairfield Center.
OLRS has asked the Court to:
- assume jurisdiction over Fairfield Center and issue a judgment that the Defendants have violated Plaintiffs' rights under both state and federal law;
order the Butler County Board of MRDD to assess all the residents of Fairfield Center to determine if they wish to move into the community and, if so, to determine the most appropriate community setting for each individual;
- order the Butler County Board of MRDD to immediately begin development of a comprehensive, effective plan that includes timelines and measureable targets to place Plaintiffs from Fairfield Center into community settings appropriate to their needs and to provide appropriate services for them in the community;
- order Alexson Holdings, Inc. to cease its operation of Fairfield Center and for the Butler County Board of MRDD to terminate the lease agreement with Alexson Holdings, Inc.; and
- appoint a person or entity to operate Fairfield Center in compliance with all applicable federal and state regulations and to oversee the downsizing and eventual closure of this facility in an orderly and expeditious manner that protects the health, safety and rights of all residents.
OLRS alleges in the complaint that Fairfield Center has a history of citations from both the Ohio Departments of Health and Mental Retardation and Developmental Disabilities covering medical, program and environmental issues. This pattern of serious violations has caused, and continues to cause, a substantial risk to residents' health and safety, their right to fulfill their potential as human beings, and their rights of personal dignity and privacy.
The filing stems from OLRS’ Ombudsman section that, earlier this year, investigated the death of a Fairfield Center resident. The Ombudsman section issued a formal report in response to the death, including recommendations to agencies responsible for oversight of the facility. Two additional reports were issued this past summer, formally documenting OLRS' concerns that conditions were not improving at the facility. After continued monitoring, OLRS' Legal section reviewed the case and decided to move forward with filing the complaint.
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If you would like more information, visit www.olrs.ohio.gov or contact Thomas Hemmert at 614-466-7264 or themmert@olrs.state.oh.us.
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