NASGA  National  Association to Stop Guardian Abuse

Danielle Murphy is a mildly autistic disabled adult. She lived with her aunt, Nancy Vallone, in Arizona. Nancy provided the best of care and medical treatment for Danielle and even moved to Ohio so Danielle could receive treatment from a the Cleveland Clinic Medical Center in Cleveland, OH. Shortly after the move, the Ohio’s Advocacy and Protective Services Agency (APSI) took control of Danielle’s case. They placed Danielle in a group home where she has been physically and sexually abused. APSI denies Danielle the treatment that Nancy moved to Ohio to receive.

Worst of all, APSI isolates Danielle from receiving any visitors, including her Aunt Nancy.

Following is an open letter to all media and elected representatives in Danielle’s behalf:

To Whom It May Concern:

We are contacting you to shed light on what really occurs in the Ohio Department of Developmental Disabilities (DODD) and their subcontractor, Advocacy & Protective Services, Inc. (APSI). Unfortunately, this story does not yet have a happy ending because it involves a 24-year-old woman, Danielle Rene Murphy, who has autism and numerous health concerns. She is being held in isolation, segregated from family, friends, school, church, and proper medical care for 5 years. We are fearful because, as we raise questions, her care is not being improved. Unfortunately, the opposite is taking place. Rather than address the facts of her care, we are personally being defamed, and Danielle is being denied care and intimidated by her caretakers at APSI and representatives from the DODD. Danielle’s health is rapidly declining, and we cannot get resolution fast enough from the bureaucracy of government (there are two open investigations T#12-000983 and T#CU12-14778). This is not a theoretical case to debate, but the life of a young woman hangs in the balance. Her aunt, an RN, BSN, MSN, is asking to take Danielle home and properly care for her, but that request is being denied.

The facts of this case are being denied because they are indeed horrible. Danielle resides at the group home located at 4464 W. 28th Avenue, Cleveland, OH 44109. There is a history of physical, sexual, emotional, and psychological abuse and neglect of Danielle since she has been under the care of APSI dating back to August 2008. She has been chemically and physically restrained for years. Danielle is not allowed to receive calls, mail, visitors, and rarely goes into the community. She receives no services, programs, teaching, health maintenance, dental care, physical activity, or rehab. APSI obstructed justice by not reporting, hindering, and interfering with police involvement or investigations, on two separate occasions, but rather dismissed claims, claiming the charges were false and criticizing the character of Danielle’s aunt. In the last 2 months, she has had several major health issues, but she has been denied medical care. Her health is deteriorating so rapidly, we are fearful APSI would rather Danielle die than her story be told. Not only have we been defamed and our stories dismissed, but APSI has refused to let us speak to Danielle, including answering her phone and saying she is not available when we can hear her screaming in the background. In the past two weeks, Danielle’s number has changed, and our request to visit with her over Christmas was held without response, just as it has for four consecutive Christmases and birthdays. APSI even withholds our presents of clothes, books, and jewelry from reaching Danielle.

Please publish and investigate this story as we have been trying to this alone without any hope. We have documented these instances and have photographs to support our case. We just want to have her released from the group home and into her family’s care ASAP. We want what’s best for Danielle, but this is not an isolated incident. We belong to a professional support organization to stop corporate and third party guardian abuse: National Association to Stop Guardianship Abuse (NASGA) and STOP APSI, who estimate116 families in the same situation and 4 unexplained deaths from within the Department of Developmental Disabilities (DODD) and their subcontractor, APSI and “Connections” in Cleveland, Ohio. Further, APSI has been under investigations previously by the government. In July 2011, a state audit of APSI found a discrepancy totaling $1.3 million of misused Medicaid funds.

Please publish our story to let taxpayers and citizens of Ohio know what is happening with their tax dollars and, most of all, to help us free Danielle before it is too late.

Sincerely,

Danielle’s Advocates:
Christina Hill, MA
CLHill0220@yahoo.com

L. Roanhorse
LRoanhorse@ymail.Com

As Danielle’s advocates and family, we are hoping for groundswell of support to free her from APSI guardianship. We are in communication with Congressmen Tim Ryan, Senator Sherrod Brown, Congressmen Ben Quayle, Congressmen Dave Schweikert, and numerous organizations and media outlets to help free Danielle!

Danielle’s Information:

• Name: Danielle Rene Murphy

• Born: 1/11/1998

• Special Needs: Danielle has Autism and numerous medical challenges noted below

• APSI Group Home Address: 4464 W. 28th Ave, Cleveland, OH 44109

• APSI receives government funds of $300,000/year for Danielle’s care

• Current Case Numbers investigating APSI: T#12-000983 and T#CU12-14778

Immediate Concerns:

1. Danielle’s safety and welfare — Danielle’s care within APSI has been marked by a history of physical assault/battery, sexual abuse, and physical and chemical restraints.

2. Danielle’s medical care — Danielle’s health is has been neglected and her life is now at risk due to neglect.

3. Danielle’s isolation — Danielle has been isolated from family, friends, school, and church. Requests to visit are not responded to and gifts and presents withheld or taken.

4. APSI’s history of mismanagement of funds and legal maneuvering — Over $300,000 in funds are at stake here for APSI, which they receive for Danielle’s care. Danielle’s guardianship is under investigation as a violation of Ohio’s ARS 24-12301.

Danielle’s Medical Challenges:

·♦ Specific learning challenges: speech, comprehension, and analytical reasoning — Danielle has not received any evaluation or therapy in these areas under APSI care

♦ Hearing impairment: Danielle has a history of recurring ear infections and has had tubes put in but needs regular evaluation for recurring problems as well as an abnormal balance — Monitoring and care have been denied except in emergency situations

♦ Vision: Danielle has not had her vision evaluated and glasses replaced in 4 years

♦ Orthopedic challenges: Danielle has scoliosis, lordosis, barrel chest, and an abnormal gait — all needing regular evaluation and treatment, which has been denied

♦ Chronic Juvenile Rheumatoid Arthritis: Danielle needs evaluation and treatment, which has been denied

♦ Cardiovascular: Danielle needs regular evaluation and treatment based on a previous abnormal baseline stress treadmill test as well as anemia and a previous abnormal lipid profile from blood tests

♦ Respiratory: Danielle has asthma and low lung capacity that needs evaluation and treatment

♦ Digestive: Danielle has chronic constipation and history of bowel obstruction and is denied use of preventive meds

♦ Adverse Reactions: Danielle has side effects from current meds that are not addressed

♦ Proper Nutrition: Danielle’s weight 5 years ago when entering APSI was 110-115 pounds (waist 24-25″ and BMI less than 21). After 5 years of APSI care, Danielle is now morbidly obese, weighing up to 220 pounds (waist of 30+” and BMI greater than 30).

Danielle’s Rights that have been Violated as of 1/1/13:

♦ No Phone Calls (2008- Nov 2011 and June 2012-present)

♦ No visitors (1/09- present with exception of approx 4 visit with Nancy)

♦ Told what could and could not talk about at visits

♦ Not allowed personal belongings (1/09-present)

♦ No mail (2010-present)

♦ No doctors appts when Danielle requests them for illness (1/09-present)

♦ No proper dental-pull teeth instead of filling (1/09-present)

♦ No attorney (Req in 2008 and 2010 denied both times)

♦ Not allowed to choose where she lives (1/09-present)

♦ Not a resident of Cuyahoga County (2008)

♦ DPOA and other advanced directives not followed(Est. prior to Danielle deemed incompetent)

♦ No recording of hearing (12/08-4/09 no notice of hearings since then)

♦ Less Restrictive Alternative (1/09-present)

♦ Independent Evaluation (ever)

♦ Counsel and Evaluator appointed by court at court expense (ever)

♦ Not allowed to graduate or go to school (2008-present was 6 months from graduating)

♦ No Training (1/09-present)

♦ Not present at hearings (2008 – 4/16/09)

♦ Does not get to benefit from Services (1/09-present)

♦ No access to recreation or entertainment (1/09-present)

♦ Cannot communicate Freely with people of her choosing (1/09-present)

♦ No privacy (1/09-present)

♦ No Barrier free environment (1/09-present)

♦ Not allowed to determine own future/make life choices (1/09-present)

♦ Fear of Retaliation (1/09-present)

♦ Not allowed to practice faith attend church (1/09-present)

♦ No Due Process (2008-4/16/09)

o Not allowed to appear at hearings

o Not allowed to speak on her behalf

o Not allowed her own attorney

♦ Abuse (physical (08), sexual(08), medical (08 to present), mental and emotional (1/09-present))

♦ Conflict of Interest (DODD or APSI Atty claimed to be Danielle’s Atty)(08-09)

♦ Theft of multiple cell phones(2008, 2010, 2011, 2012)

♦ Theft of CD player (Dec 2012)

♦ Theft of jewelry, clothing, shoes, books, purses and gifts dropped off for Danielle (1/09-present)

♦ Obstruction of Justice and interference in Police investigations (2008)

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