AFFIDAVIT 

 IN SUPPORT OF COMPLAINT FOR RELIEF FROM ABUSE

ORDER PURSUANT TO 33 VSA 6931 et al. I am requesting Emergency Relief
pursuant to 33 VSA6936. 33 VSA 6931 directs the court to 33 VSA 6901 for
definitions of abuse, caregiver, vulnerable adult and definitions relevant to this
complaint: ; so I will reference 33 VSA 6902 in this complaint.

I am Bill Bennett’s mother and I am bringing this complaint as Bill’s legal

guardian (copy of guardianship order provided) .

Bill is currently under Act 248, and in the Commissioner of DAIL’s custody; the
commissioner has placed him in Northeast Kingdom Human Service’s “safe
choices” program and into The Lowell House which is a level three residential care
home licensed by the State of Vermont. So, Bill is a vulnerable adult pursuant to
33 VSA 6902 (13) (A) as he is a resident of Lowell House, and has been so since
on or about March 4, 2011. 33 VSA 134 (D) (ii): Bill has also been called
developmentally disabled by the State of Vermont, and because of his disability he
has an impaired ability to protect himself or others from abuse, neglect or
exploitation and by virtue of Bill's being on Act 248 and receiving services from
NEKHS, both NEKHS and the Commissioner know Bill's status as a vulnerable
adult.

NEKHS is a caregiver pursuant to 33 VSA 6902(2), as it is an agency responsible

for providing subsistence, medical care and other care to Bill who is a vulnerable
adult with a disability; they provide the service by contract with the State of
Vermont.  

333 VSA 6902 (1) (A): The Commissioner of DAIL, as well as NEKHS have
placed Bills life, health and welfare in jeopardy;

33 VSA 6902  1( B):The Commissioner of DAIL and NEKHS  have  committed

conduct with a reckless disregard that such conduct is likely to cause unnecessary
harm; unnecessary pain or unnecessary suffering to Bill;

33 VSA 6902 (1) (C): The Commissioner of DAIL and NEKHS have
unnecessarily confined him;

33 VSA 6902 (1) (E) Intentionally subjecting a vulnerable adult to behavior which
should reasonably be expected to result in intimidation, fear, humiliation,
degradation, agitation, disorientation, or other forms of serious emotional distress:
Facts in support of this complaint:

33 VSA 6902 (1) (A) and 33 VSA 6902 (1) (B) 33 VSA 6902 (1) (C)

Bill suffers from exertion asthma, and his life is at risk if he does not instantly have
his inhaler.  He was diagnosed on 2/21/11 and he was prescribed an inhaler by
Christine Malcolm, Nurse Practitioner for Primary care physician.

On May 4th Dr Tulluckalharry, Bill’ Pulmonary Specialist at Dartmouth, spoke

directly to Tammy Crowe, Case Manager and Rick Devost, Supervisor. This was a
face to face conversation so there was no way that Crowe or Devost could
misunderstand the doctor.  The doctor specifically told Tammy Crowe , and Rick
Devost, in my presence, that BILL NEEDS TO HAVE THE INHALER ON HIS
PERSON AT ALL TIMES. Yet they still kept it in a double lock box, until the
evening of 5/7, afterrepeated pleas from me and requests from Bill.

On 5/2/11 Northeast Kingdom Human Services didn’t bring rescue inhaler to Bill’s
exercise class, thus placing his life at risk. If he had an asthma attack, he could
have died. This particular day the inhaler was left 60 miles away in a lock box.
This was a particularly dangerous act, knowing he would be exercising and has
exertion asthma. It is recommended that the inhaler be used 20 minutes prior to
exercise to prevent attack. This is neglect as defined by DAIL’s “Raising
Awareness” publication: Failure to give prescribed medication and Failure to
follow a Plan of Care when doing so could result in physical or psychological
harm to the adult.

At Lowell House, staff continuously denied Bill his inhaler by keeping his inhaler

double locked: This is in a cabinet, which has a combination lock; and then in a
lock box which has a key or combination lock. In the event of an attack, fractions
of a second are the difference between life and death, and in the time it takes to
alert staff that he is having an attack (if he could even physically alert staff when
he has an attack—which might not be possible if the attack is severe enough) - -he
could have died. Also, what if the combination lock or regular lock jammed up?
This practice was life threatening and was only discontinued after weeks of
resistance with repeated pleas from Bill, me and Doctor’s repeated statements.
NEKHS has displayed a pattern of withholding medical treatment, placing Bill’s
life at risk and is Neglect as defined in DAIL’S “Raising Public Awareness”
Handbook and this causes Bill fear, a sense of helplessness, feelings of
intimidation, humiliation and confusion and disorientation and a sense of “loss of
human dignity”. Abuse as defined in DAIL’S “Raising Public Awareness”
Handbook.

Bill has also been diagnosed with moderately high cholesterol and acid reflux by
Christine Malcolm, Nurse Practitioner for Primary Care Physician Dr. Paul Rogers
MD. One of the treatment recommendations is a low fat diet….. Yet NEKHS
refuses to do this. In March 2011 William verbally informed Tammy Crowe of
NEKHS, that his doctor has recommended a low fat diet due to high cholesterol.
NEKHS was notified again by me, in writing on April 14 2011. NEKHS has said
they need releases of records from the physician before they will comply, yet have
failed to provide me with releases. In early April I signed releases at the
Physician’s office to try to facilitate the process, still no low fat diet.

On 5/4/11 Dr. Tulluckalharry restated to Crowe and Devost that a low fat diet and
minimum of 30 minutes exercise a day is recommended for everyone but with
Bill’s elevated cholesterol and esophageal reflux it was all the more so.

Bill is given bologna sandwiches, sausage, French fries, ground chuck, processed
foods; boxed lasagna, boxed scalloped potatoes, etc. which are known to be high in
sodium, cholesterol and unhealthy . Today 5/7/2011 William reported to me that
tonight his dinner consisted of hot dogs and boxed macaroni and cheese. His is
neglect as defined by DAIL’S “RAISING AWARENESS” Handbook: any
treatment of a vulnerable adult which places his or her life, health, or welfare in
jeopardy or which is likely to result in impairment of health; The Handbook also
states: Vermont law provides a broad definition of “abuse” as it applies to
vulnerable adults.

Abuse is defined as:

Purposeful or Reckless failure or omission of a care giver to: Provide care or

arrange for goods or services necessary to maintain the health or safety of a
vulnerable adult including but not limited to food, clothing, medicine, medical
services unless acting pursuant to the wishes of the vulnerable adult or his/her
representative. DAIL’S “RAISING AWARENESS”

On 5/2/11 Tammy Crowe of NEKH failed to provide food for William

Bennett.  After being picked up by Tammy Crowe and Rick Devost at 7:00 am and
attending a Doctor Pulmonary appointment in Hanover N.H. which ended at 2:15,
I asked Crowe what she had planned for William’s lunch, Crowe responded “I just
thought he’d eat when he got back to Lowell”.  This is a good two hour drive
putting him in Lowell at 4:15, at least 9 hours from his last meal.  Though he is
capable and willing, William is not allowed to purchase or prepare his own food
and is completely dependent on staff to make these preperations. When asked if
they would buy his lunch Crowe and Devost refused.  

Room and Board is taken out of his disability check and should provide for all
meals according to NEKHS “Home Care Handbook”.

NEKHS has made no attempt to facilitate this and has acted to thwart my efforts to
provide any opportunities to improve Bill’s health. Bill’s Doctor has had to put in
writing twice to two different Home Care Providers that Bill needs to have a low
fat diet for elevated cholesterol, asthma and “physical deconditioning” (her
words). Now NEKHS is asking for a “detailed food plan”.

William is unable to even go for a walk although he is perfectly capable physically

and without assistance. Bill has gone for two walks in two months.

Being forced to go to medical professionals over and over requesting that the most
common sense basics of health care be spelled out, in a written request, is
frustrating for the medical professionals treating my son. They make
recommendations and assume the client will take responsibility to follow through.
My son is being prevented from responsibly caring for himself and is being
confined in such a way as to prevent all other interested parties, family and friends
from caring for him as well.

NEKHS has repeatedly refused to tell William or me the amount of money taken
from him for food. NEKHS has refused to let William buy and prepare food which
follows Doctors recommendations.

33 VSA 6902( (1) (E)

On May On 4/22/11 A Day worker from Northeast Kingdom Human Services,

Terri Moore subjected Bill to Emotional Abuse as Defined by DAIL’s “Raising
Awareness” Handbook:  intimidation, humiliation, bullying, and emotional
distress: Terri Moore was asked to transport William to a Doctor’s appointment
for symptoms of a urinary tract infection.   He stated to Bill that he would be
staying in the room during Bill’s exam.  After I instructed Mr. Moore by phone
that he was not to do that, he insisted he would stay in the room anyway.  I drove
60 miles to ensure Bill was not subject to this invasion. Upon my arrival, Terri
Moore stated to me “it’s too bad you had to drive so far, I wouldn’t have gone in
after you instructed me not to”.  At no point before Bill entered the exam did he
indicate to either Bill or me that he hadn’t intended to go in the examination room. 
This has never been the practice in the past. Bill has never been invaded like this
at a Doctor’s office.

Upon leaving the doctor’s (4/22) Mr. Moore received a call in the vehicle and said,
in the presence of Bill, “Yeah he was jerking off with two hands” and laughed with
whoever was on the phone. Apparently this crude remark was a reference to the
fact that Bill may have had a urinary tract infection, which obviously involves
Bill’s genitals. Mr. Moore’s cruel words reduced my son to a sex object. This was
an invasion of privacy, cruel and mentally abusive and my son did not respond in
any way.   I reported this (email communication) to NEKHS and to my knowledge
no action what so ever was taken and Mr. Moore is still Bill’s community support
person.

On April 30th Bill and I had a visit.  Two NEKHS workers accompanying Bill
refused to give me their names until I asked repeatedly. Then, they grudgingly told
me their first names only. (Even Department of Corrections workers have name
tags on with their first and last names) The two unknonwn men followed us closely
as we walked on the bike trail. This behavior caused my son disoriented, fearful
and was intimidating, humiliating, degrading and caused him agitation manifesting
in physical signs of facial twitching, constantly looking over his shoulder, and eyes
darting around.

Our plan was for Bill to take a healthy bike ride on the bike path that starts at the
Gateway Center in Newport.  When we told the workers of our plan to ride his bike
they refused to let him, even with me by his side. It is part of Bill’s exercise
therapy to maneuver his bike around objects to gain balance and coordination in a
way that is enjoyable to him. The workers stood by protesting as I set up a small
obstacle course for him, within 15 ft. of them.

By denying him the right to ride a bicycle, and making him walk/drag his bicycle
around, they humiliated him. He told me that he was afraid to ride his bicycle
because he could get in trouble. The entire experience was very degrading for him
and is abuse as defined in the “Raising Public Awareness” Handbook by DAIL:
“intentionally subjecting a vulnerable adult to behavior which should reasonably
be expected to result in intimidation, fear, humiliation, degradation, agitation,
disorientation, or other forms of serious emotional distress”. Other forms of
emotional distress are fear for his mother, public humiliation and helplessness.
Loss of a sense of pride and autonomy.
33 VSA 6902 (1) (C):

Bill has been confined for no good reason. He spends the vast majority of his time
at Lowell House.  The only times he is permitted to leave is in the presence of two
workers, who bring him to the Troy General Store or to Saul Schonberg’s group
meetings. DAIL has forbidden me, Bill’s Mother and Guardian unsupervised
contact since 4/27. Our time together has gone from Bill spending two to three
days a week in my home, able to see friends and family, to exercise and eat a
healthy diet which he is involved in planning, shopping and preparing, to visits in
parking lots supervised by two staff who follow us around.

On Mother’s Day were forced to meet at NEKHS for a two hour visit. At first I
was told that our visit could only take place if we stayed in a room inside the
building. When I requested that we be able to walk on a nearby walking path to get
exercise and fresh air that request was denied. Dixie McFarland finally agreed to
let us sit at a picnic table off to the side of the building. So Bill’s sister Amber,
brother Nate, Father Pat Bennett and Grandfather, Terry Gilman were able to see
Bill in the parking lot at Northeast Kingdom Human Services. Bill’s Grandmother
is immobile and he has not been able to visit with her. This was distressing for Bill
especially knowing everyone would be going off to have cookouts and enjoy a nice
sunny day together as a family. Abuse: other forms of serious emotional distress,
such as a loss of belonging, sense of community, sense of pride and dignity, loss of
a sense of citizenship of his country.

Every effort I make to help him make the best of a bad situation is squashed by
NEKHS & DAIL. Bill has been driven around by people who won’t even give
him their last names who fail to concern themselves with food, medication and
respect as a human being, and he is completely dependent on them for everything
including his inhaler. This is a very fearful experience for Bill, and causing serious
emotional distress that has a very dangerous effect on his physical and mental
health.

Bill has been subject to continuous interference with legal counsel.  His phone

calls with his attorney, Gertrude Miller are limited to five minute calls interrupted
by minute updates.  Staff refuse to let him take his phone calls in a private area, he
is forced to remain in a open area where it is easy to hear the staff and clients so
they can obviously hear his conversations. Even after repeated instruction from
my attorney, Jay Abramson, Bill’s Attorney and Attorneys for NEKHS.  Lowell
house and NEKHS staff refuse to comply.  He is forbidden to speak to his attorney
on the phone, in private. This is a bold violation of civil rights, which NEKHS
seems completely unconcerned about.  

Each time I question these practices I am told the instructions come from Heather
Allin, public safety specialist for Department of aging and independent living.

They are intentionally trying to provoke my son through humiliating comments,

intimidation and scare tactics and they continue to escalate their attempts. If they
can provoke him to anger they can then file charges against him and create
damaging documentation to use against him, preventing his release.

I have never been allowed inside the Lowell House, I have asked to visit Bill there
but have not been allowed in the house. In this residential model, level Three
Licensed Home According the the Vermont “Best Practices” manual; Supervision
and Treatment of Sex Offenders with Developmental Disabilities 2005, the agency
employs staff to provide round-the-clock (24/7) supervision to one to three
offenders. Bill reports the room when he arrived had no bedding and that the
room was covered in a thick layer of dust which he had to clean and food
containers were strewn around the room. Bill being asthmatic and suspected of
having allergies (which he has not been tested for) was subject to unsanitary living
condition (dirt, bugs, soiled bedding and clothes) examples of NEGLECT set forth
by DAIL’s publication “Raising Awareness”. As Bill’s Legal Guardian I am Court
Appointed to “Exercise general supervision over the ward” which is defined in 14
VSA 3069 (1) the power to exercise general supervision over the person under
guardianship. This includes care, habilitation, education, and employment of the
person under guardianship and choosing or changing the residence, subject to the
requirements of sections 2691, 3073, and 3074 of this title;

Bill remains calm and polite in the face of this hostility.  But it is taking a visible
toll on Bill. He has developed facial twitches over the last several weeks, he
reported to me on May 6th that his jaw was sore when he woke up and upon
questioning him I believe he is grinding his teeth while sleeping, something he has
never done before, is clearly suffering from serious anxiety and is unable to do
anything on his own to remove any of the causes.

33 VSA 6902(1) (A) ( B) and ( E)

Bill is exposed to daily violent psychotic outbursts by another client at the Lowell
House, Charlie, who punches walls screams, and throws anything he can get his
hand on. These rampages and rants can last anywhere between 30 minutes and 2
hours. Some days Charlie has these outbursts several times daily. I often hear the
client screaming and swearing in the background when I call.  Bill reports the
client yells obscene sexual comments at everyone in the house, including him.  It’s
been so bad they’ve had to leave the house. I witnessed this when Bill was told that
he had to leave the house now, while he was on the phone with me. During
Charlie’s psychotic outbursts, Bill sits frozen and afraid to move trying not to catch
the attention of this client when he is shrieking and violent.  Bill is caught in the
middle of this cross fire in a small house holding four clients instead of its intended
three.  This is a serious risk of bodily injury that prisoners in jail are not subject to.
By placing Bill in a home where a danger of abuse as defined by DAIL’s “Raising
Public Awareness” as well as constitutes abuse as defined in 6902 (E)
Intentionally subjecting a vulnerable adult to behavior which should reasonably be
expected to result in intimidation, fear, humiliation, degradation, agitation,
disorientation, or other forms of serious emotional distress;

Robert Short, a 61 year old sex offender who I believe has three convictions of
sexual assault on a minor and three lewd and lascivious with a child and is
attracted to younger, men lives at the Lowell House (I will provide docket sheets
this week). Unlike Bill, who has never been convicted of any crime, Robert Short
is a registered sex offender. Bill is 24 years old, 4 ft. 11 in. tall and is a natural
target for Short. Bill looks very young for his age and weighs just 122 lbs. Bill
has no locks on his bedroom door and anyone, including Robert or Charlie, could
easily come in.  Bill has a disability and is being put at serious risk of sexual
assault. I would like to bring to the Court’s attention that, under 15 VSA 1103(c), a
“Lewd and Lascivious Conduct with a child” is one of the listed offenses that is
relevant to a Relief from Abuse Order (I am quoting from the front page of the
Form 150” Complaint for Relief from Abuse”. So, if conviction for lewd and
lascivious conduct with a child is relevant in a “regular “ relief from abuse action,
surely it is of even more significance in this case, in which the victim , Bill Bennett
is a vulnerable adult, who has an impaired ability to protect himself from abuse,
neglect and exploitation. The Commissioner of DAIL has put Bill in this dangerous
environment showing a total disregard for the welfare of William Bennett.
NEGLECT 6902 (7) (a)(ii) (ii) make a reasonable effort, in accordance with the
authority granted the caregiver, to protect a vulnerable adult from abuse, neglect or
exploitation by others;

Bill lives with another client at the Lowell House, KW, and Bill witnesses KW,
at the Lowell house having up to six major seizures a day that Bill sees. A devise
implanted into the client’s neck is repeatedly swiped with another devise by staff to
stop the seizures.  Bill reports that it doesn’t work but the staffer keeps swiping and
swiping.  Bill said it looks like the guy is choking and he is afraid this man is going
to die right in front of him. At times Bill is the only one in the room when a
seizure comes on and has to get help. This is a violent and very disturbing and
upsetting event for anyone to witness, but much more so for someone with Bill’s
disability. KW falls to the floor arms flailing and choking. Bill is in serious
emotional distress every time it happens. So NEKHS and The State are subjecting
Bill, who has a disability himself, to constantly watch human beings suffer.

NEKHS and DAIL’s actions and inactions as set out above, are retaliatory for
he and I exercising our legal rights:  His attorney Gertrude Miller filed a hebeas
corpus petition in Lamoille Superior Court, right before all these horrible things I
have set forth started to occur. Immediately after hiring an attorney DAIL
motioned to remove me as my sons guardian. The Commisioner of DAIL nor
anyone from her office had any contact with me or my son for over six months
prior to filing the motion. My son’s placement at the Lowell house was a result of
Bill reporting an assault by a Home Care Provider, from Sterling Area Services in
Eden Vermont on February 23, 2011.  After which Bill was kept completely
secluded in an undisclosed location for a week only able to speak to his attorney
at limited times.

Bill on the other hand, has never violated his court order, has never struck anybody
or attempted to elope or run away from custody. There is absolutely no
explanation for the unnecessary confinement Bill has been subjected to. He is
not suicidal and never has been, amazingly he is not depressed.

 After I hired an attorney for Bill in January of 2011 these same practices were
implemented at Sterling as well.  Within a few weeks of hiring an attorney DAIL
moved to remove me as my son’s legal guardian but the motion was dismissed in
Caledonia County Family Court.  On 4/27/11 I received an email from the
commissioner of DAIL removing unsupervised visits because I had stated “My son
is not a sex offender”.

I have been my son’s guardian for the duration of the Act 248 order which he was
placed on in 2006. At no time have I violated the supervision restrictions of the
order.  I feel it needs to be said that at the time the L&L charges arose in 2005, Bill
was voluntarily living in a supported living home through NEKHS which was
supposed to provide “life skills training” when against all agreed upon conditions
he was brought to the Comfort In and Suites with a nineteen year old girl and left
unsupervised.  NEKHS worker states in case notes “Poor Supervision, L&L
Resulting”. (Documentation provided) I bring this up only to show that there is a
demonstrable history of NEKHS using poor judgment and placing my son at risk.

Since Bill was court ordered into the “Safe Choices” program he has had to fight
for a smoke free envirnment. He has been subjected to second hand smoke on a
regular basis. Bill has attempted to quit smoking many times but he is forced to
spend all day with people who smoke. I have a stack of emails dating back to 2008
from NEKHS and Heather Allin, Public Safety Specialist agreeing that yes they’ll
put Bill with non-smokers. My son now has asthma and yes he did smoke but he
has always desired to quit and made many worthy efforts sometimes lasting weeks
or months. Bill was continually put in the position of having to make the request
to his day staff that they not smoke. This was uncomfortable and he expressed his
frustration often. In mid July One of Bill’s day staff went back to his house and
smoked a bong while Bill was waiting. I was not notified by the Agency even
though they knew because Bill reported it to them. On July 12,2010 I questioned
Heather Allin and I was told that it was investigated and Bill was no longer
working with the Day Staff (emailed documentation provided). So the guy was
just moved to another client. This man happened to be the son of a supervisor,
Sandy Garrand, Employment Services Specialist.

I am certain Bill is suffering trauma from the constant harassment, provocation,

witnessing major medical and psychiatric episodes.  A person without a disability
would be traumatized by these conditions.  Bill is being put at risk for mental and
physical bodily injury by NEKHS and Department of Aging and Independent
Living. Bill’s symptoms have worsened over the last several months and it is not
acceptable for NEKHS or DAIL to take it upon themselves to determine which if
any of Bill’s Doctor’s recommendations they should follow. They are not
Doctors.  

Bill has never had a drug problem and is very hesitant even to use the inhaler
because he is afraid the side effects will make it more difficult for him to cope with
his surroundings. This could further endanger his life.

The emotional impact of this on my son is obvious.  He has developed severe

facial twitches, his eyes dart, he’s constantly looking over his shoulder to keep
track of his surroundings and he is shaking.  This is the worst possible environment
considering Bill’s asthmatic condition and esophageal reflux.  He has done nothing
to warrant such harsh treatment.  He is afraid for his safety, saying to me many
times, “I don’t know how much more of this I can take” 
I respectfully request that Your Honor remove William Bennett from this
Dangerous situation and place him in my home at 277 Cliff St in St Johsnbury, Vt
where he and the public will be safe.  There are no children in my home.   My
house is beyond the DAIL’s required distance from schools.  I am prepared to
transport Bill to all appointments DAIL requires and to personally supervise
according to the Court Order 24/7.  I am also prepared to abide by any other
restrictions the court feels necessary until the court proceedings involving the
contested Act 248 review or a -Request for Change of Placement -filed in Lamoile
Superior Court are decided.

To reassure the court of my reliability I am prepared to offer the Judge credible

character witnesses who have spent a great deal of time with me and Bill in our
home and out in the community and can and would testify on my behalf.

Benjamin L. Luna, Esq.

448 Summer St Johnsbury Vt

802-922-0741

Michael P. Cusamano

P.O. Box 74 Cliff St

St Johsnbury Vt

Skye Nacel

Mocean365
Fitness and Adventure Co.

Stowe Vt

802-828-6262