Jul 14, 2009


The Moreland Tier Case was heard in District Court today. The attorneys
representing the plaintiffs (Holland and Knight Law Firm), presented their
case. The plaintiff's attorneys are hoping to overturn the Tier system or at
least be granted a stay.

The ICG assessment was called into question as the Judges were aware that
there is a new tool, the QSI, that is being used. The Judges were asking if
APD is standing behind the ICG, why is there a new assessment? APD talked
about the use of an assessment process, not just an assessment instrument.

The Judges questioned as to why APD did not enter the Waiver Handbook into
evidence. APD stated that the Handbook was referenced so many times that
they did not believe they had to enter it.

John Newton from APD informed the court that "the right to seek review is
not theoretical" and Mr. Newton reiterated all the rights of the individuals
that are served in this system as they have a right to due process. Mr.
Newton made the point several times that these are government funded

The Judges questioned as to why the individuals that were on the FSL were
never assessed they just were just offered the FSL and then were stuck in
Tier 4.

There were many questions regarding all of the changes that have occurred in
this system over time with more rules in the near future to be promulgated.

If the court does not write up something extensive, the ruling could be
tomorrow or if the court desires to make more extensive comments the ruling
could be delayed.

Deborah Linton
Executive Director
The Arc of Florida
2898 Mahan Drive, Suite 1
Tallahassee, Florida 32308
850/921-0460, 850/921-0418 (FAX)
Email: dlinton@comcast.net