Hot Topic: Nursing Homes for Sex Offenders & Violent Offenders
Showing posts with label .Michigan. Show all posts
Showing posts with label .Michigan. Show all posts

Retired US justice rules for MI inmate

I love the reason they denied him appointed counsel: "Finally, we deny Mingus’s motion for appointment of counsel pursuant to 6th Cir. R. 34(j)(2)(C). Although the issues raised by this appeal are complex, we find that Mingus has more than adequately represented himself." Love a good jailhouse lawyer...
1-10-2010 Michigan:

Sandra Day O'Connor on 3-judge panel

JACKSON, Mich. (AP) - A lawsuit over a cell for a Michigan prison inmate remains alive, thanks to a retired U.S. Supreme Court justice.

Sandra Day O'Connor was on the three-judge panel that handled an appeal in a lawsuit by inmate Ned Mingus. He says his constitutional rights were violated when he wasn't given a one-man cell to accommodate his bad eyesight.

The 6th U.S. Circuit Court of Appeals said Tuesday that a portion of Mingus' lawsuit can proceed against a nurse who was a health manager at the G. Robert Cotton prison in Jackson.

Mingus acted as his own lawyer. O'Connor and two other judges say he "more than adequately represented himself" and denied a request for court-appointed counsel.

The 72-year-old Mingus is serving a life sentence for criminal sexual conduct in Berrien County. ..Source.. WOOD Tv

Family of raped incapacitated woman accuses senior living facility of negligence

2-25-15 Michigan:

The family of a 69-year-old incapacitated woman raped by a male employee at a Sterling Heights assisted living center says its operators knew of one or more other sexual assaults by the man but failed to stop them.

The woman's representative recently filed a negligence lawsuit against Harbor Chase of Sterling Heights Inc., its parent company and Mazen Zuhairi in Macomb County Circuit Court in Mount Clemens.

The legal action came about two weeks before Zuhairi, 22, was sentenced Feb. 18 in criminal court to two to 30 years in prison by Judge James Biernat Jr.

"If someone sexually molested your mother or grandmother, you would want to kill them," Biernat told Zuhairi. "You're lucky you live here in this time."

The victim's daughter said in court the incident has devastated the family, and physically and mentally damaged her mother "forever." Several family members attended the sentencing.

Michigan prison officials ask appeals court to let air out of inmate's special mattress

10-9-2014 Michigan:

KINGSLEY, Michigan — Should a federal judge decide how a prisoner sleeps?

The Michigan Corrections Department is fighting a decision that allows an inmate to sleep on an air mattress. A judge stepped in after Richard Boone had threatened to kill himself if he didn't get the bed.

The 45-year-old Boone is in a prison near Traverse City. He's had his right hip replaced and major surgery on his other leg. Boone's doctor at the University of Michigan says an air mattress eases pain.

But prison officials took the convicted robber's special mattress away in 2012, saying it was no longer needed. Detroit federal Judge Arthur Tarnow intervened last December and reinstated the bed.

The state says Tarnow shouldn't meddle. Now it's up to an appeals court, which heard arguments Tuesday. ..Source.. by The Republic

MI- Editorial: Protect patients at care facilities

5-8-2009 Michigan:

Congress should pass legislation to prevent criminals from securing jobs in long-term care fields. Those looking to abuse and steal from senior citizens should have to work harder at it than just filling out a job application at a nursing home. The bill would require a comprehensive nationwide program for background checks before a job could be given to anyone seeking elder-care employment. There is an unprecedented demand for long-term care housing because Americans are living longer. That has created more need for caregivers. More protection is needed to safeguard vulnerable residents from those who could do them harm.

While most states like Michigan require background checks for employees of long-term care facilities, there is no national or coordinated database that provides a thorough review of an applicant's criminal history. Too often predators, who frequently change states and jobs, have been able to evade detection because state-based background check systems, overall, are incomplete and inconsistent.

The bill introduced in Congress (HR 2223) by Rep. Joseph Sestak, D-PA and co-sponsored by Rep. Vernon Ehlers, R-Grand Rapids and Rep. Fred Upton, R-St. Joseph, calls for states to establish a cross-referencing system for national and state background checks of prospective employees. The checks would be applied to those people with direct access to patients in the long-term care facilities. Federal matching funds would be provided to help states pay for the system.

State information would be coordinated and applicants screened against the Federal Bureau of Investigation's criminal history database.

This legislation seeks to expand on a seven-state background check pilot program that included Michigan, operated between 2005 and 2007. Checks were done either statewide or for a few counties. As a result of that pilot, administered by the Centers for Medicare & Medicaid Services, more than 7,200 people with criminal histories of violence or abuse were prevented from working as caregivers.

Mr. Ehlers said the pilot has proved successful in Michigan, and he is dead-on about a national background system providing "safety and peace-of-mind to people staying in these facilities, and their families." There needs to be some faith that those entrusted to care for a person or his loved one is not going to kill, beat, rape or rob that person. This bill would be a big step in achieving that confidence. Kent County has 25 licensed long-term care facilities (2,560 beds) and Ottawa County has 14 facilities (908 beds).

There is a strong case for this measure. Besides the pilot program, a 2006 Health and Human Services (HHS) study points out several challenges of individual state registries. In addition, a 2004 national survey of State Adult Protective Services agencies identified more than 500,000 reports of elder abuse, including physical, sexual and financial exploitation.

In 2005, Michigan Attorney General Mike Cox reported that 25 percent of residential care facility employees committing crimes against residents since 2002 had past criminal convictions. His statewide investigation revealed criminal histories that included homicides, armed robberies and criminal sexual conduct. This led to a law that took effect in April 2006, making it a crime not to conduct a criminal background check. The law mandates fingerprint checks and expands the number of crimes that can disqualify a job applicant, including drug and theft offenses. These are important safeguards, but the FBI screening and enhanced state-to-state information from a national database would bolster protections in the state.

America's baby boomers are beginning to turn 65. People who reach that age have a 40 percent chance of entering a nursing home, according to HHS. Those who do will stay there five years or more. According to the Census Bureau, 10.3 percent of Kent County's population was 65 or older in 2007, 10.7 percent of Ottawa County's and 12.7 percent statewide.

The bottom line is that the current background check system is not thorough enough, and allows criminals to slip through. Congress knows that. Now lawmakers need to do something about it so the elderly and disabled are not easy prey for shady characters. ..Source.. Opinion of Grand Rapids Press Editorial Board

MI- Computer program at the Gilbert Residence helps seniors get back in the world

8-31-2008 Michigan:

It's like using a cell phone..

At first, reception is great, but as you move around, you start losing a word here and there, then whole phrases, then, finally, the connection.

That's how it is with your brain.

Gilbert Residence, a nonprofit senior care center in Ypsilanti, has become the first facility in Southeast Michigan to use a science-based computer program intended to help seniors rewire their brains, and tune back in to the world around them.

Unlike most mind-fitness software in an industry that raked in $225 million last year, Brain Fitness is based on medical studies that indicate that, as vision, hearing and fine motor skills worsen with age, people start getting garbled signals, which they eventually just tune out.


In addition, when people retire from work, most stop learning new skills, remembering names, figuring out how to make something work, and actively listening to the people around them.

All of that leads to a loss of what scientists call brain plasticity, its ability to change throughout life.

Five days a week, for eight weeks, four Gilbert residents have been donning headphones that come with the program. They spend an hour listening to prompts, clicking on answers. As their listening skills improve, the program ratchets up the difficulty level.

Contact reporter Susan Oppat at soppat@annarbornews.com
or 734-482-1166.

Some of the Gilbert seniors had computer skills before they started the program, and some didn't. Computer skills aren't necessary ­- users need only be able to point and click.

Once Gilbert CEO Mary Jo Gibbons researched Brain Fitness, she worked out a discounted license and training for it with the Center for Speech and Learning, the Michigan dealer for the program. She doesn't charge residents more to use the program, because she considers it part of Gilbert's wellness program, she said.

She got computers from the Washtenaw Community College computer-building class, and obtained wireless computer access for the whole building through Wireless Ypsilanti.

Four of the first five students have finished about two-thirds of the program, and the next round of students is already signed up, she said.

The fifth student loved the program so much that she finished it in four weeks, even though she was supposed to take eight weeks, to force her brain to "work out" over an extended period of time.

Elaine Seelhorst, 81, said she just couldn't help herself. She plans to restart the program at a new, hard-earned, more difficult level.

She said she had trouble understanding consonants before she blasted through the program that she hopes "put neurons back where they belong" in her brain.

Now, she said, she's able to concentrate and pay more attention to what's going on around her. She said she can follow conversations better, even with people whose speech was previously too fast for her to catch.

She was skeptical of the program before she used it. She said she only tried it out of curiosity.

"But it's fixing my brain," she said.

Howard Brown's daughter, Linda Eggan, feared she was sending her beloved, 92-year-old father to Gilbert to die this summer. He had just lost his wife of 64 years, and has Parkinson's and end-stage heart disease. He was depressed and in hospice care.

After six weeks in Brain Fitness, she said, "he has made this miraculous comeback. He looks good; cognitively, he's bright as a button. He doesn't miss a trick." He's e-mailing, reads the newspaper for the stock reports, she said, and misses working on the program on the weekends.

"It's really made him attentive, again, to all the details and events in life that interested him before. I'm thrilled," Eggan said. "It warms my heart to see him happy.

Brown himself grinned from ear to ear when he said, "I'm a little sharper. I think I remember things better, and have more confidence in a crowd. I'm able to focus more."

He can get frustrated when he's working the program, he said, but that's because the tremors in his hand from Parkinson's sometimes click an answer that he knows is wrong, and he doesn't like to get things wrong.

Next up for Gilbert, Gibbons said, is the planned purchase of a similar Posit Science program called InSight. Where Brain Fitness works with listening skills, InSight attempts to improve the quality and quantity of the information the brain absorbs from the eyes.

Brain Fitness

Controlled, randomized, double-blind studies of 524 people, ages 65-93, with similar baseline cognitive skills were conducted at the Mayo Clinic, the University of Southern California and Posit Science, using the Posit Science Brain Fitness program and conventional cognitive programs. The study indicated:

• The Brain Fitness program may help seniors delay the onset of significant brain deficits for up to 10 years, or regain about 10 years of ability they've lost.

• Users increased their information-processing speed an average of 131 percent, helping them keep up with the speed of speech and improve comprehension and memory.

• About 90 percent of participants reached processing speeds typical of people under age 40.

• Users gained an average of 10 years improvement in memory.

• Users improved in clinical tests of memory, focus, and complex thinking, even though the testing tasks were not used in direct training in the program.

• More than 75 percent of users reported benefits in their daily lives, including remembering a shopping list without writing it down, hearing conversations in noisy restaurants more clearly, and feeling more independent, more self-confident, and better about themselves. ..News Source.. by Susan L. Oppat