NY top court won't open nursing homes to lawyers
Lawyer Blogs
New York's top court is refusing to order nursing homes to give state lawyers access to hundreds of psychiatric patients so they can advocate for alternative treatments, living conditions or even release.
The Court of Appeals, divided 4-3, says the New York's Office of Mental Health decided not to license the nursing homes. Therefore lawyers for the Mental Hygiene Legal Service lack jurisdiction.
State mental institutions began discharging patients in 1996 to nursing homes for continued but lower-level care.
The MHLS was established to guard the rights of the mentally disabled in institutions. It sought access to all those patients. The nursing homes said no, citing privacy rights.
Related listings
-
Court won't hear appeal from Lupe Fiasco mentor
Lawyer Blogs 04/05/2010The Supreme Court won't hear an appeal from rap artist Lupe Fiasco's mentor, who was convicted on drug charges despite complaints that his jurors weren't asked whether they had any biases against firearms.The high court on Monday refused to hear an a...
-
Court Requires Warning About Deportation Risk
Lawyer Blogs 04/01/2010The Supreme Court ruled on Wednesday that lawyers for people thinking of pleading guilty to a crime must advise their clients who are not citizens about the possibility that they will be deported. Likening deportation to the punishments of banishment...
-
High court restricts whistleblower lawsuits
Lawyer Blogs 03/31/2010The Supreme Court on Tuesday placed limits on existing whistleblower lawsuits alleging local governments misused federal money, in a decision that produced newcomer Sonia Sotomayor's first dissenting opinion.But the just-enacted health care overhaul ...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.