Court rejects case for disabled

COLUMBIA -- The state Supreme Court refused Thursday to block a cut in home-based services for disabled residents that is effective today, but the high court will take a second look at the matter later this month.

Justice Costa Pleicones signed an order to deny emergency relief in the case filed on behalf of a group of disabled residents.

Their Columbia lawyer, Patricia Harrison, said they could be forced into institutions because of new limits on the number of hours of home-based care they can receive.

Pleicones did not cite any reasons in his two-paragraph order for the denial, but lawyers for state officials sued in the matter contended that the danger of the residents being institutionalized because of the cuts is "grossly overstated."

The case names 15 defendants, including employees and commissioners at the Department of Disabilities and Special Needs and Emma Forkner, director of the state Department of Health and Human Services. All members of the Budget and Control Board also were sued.

The suit alleges that federal stimulus money that Congress intended to preserve services through the recession was illegally shifted to a rainy day fund. The money in question is $31 million from the fiscal year that ended July 1 and another $40 million in the current budget.

As of today, the number of hours that caregivers can provide assistance for disabled residents in their homes will be cut back. The amount varies.

Harrison petitioned the high court to grant emergency relief to stop the cuts today and immediately restore all services that were provided in July 2008, before several rounds of budget cuts that were issued after state tax collections fell dramatically short of projections.

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Attorneys for the Budget and Control Board argued that the money in question is not federal stimulus funds but state funds, and as such is not in violation of any congressional decree.

Additionally, the Columbia firm Davidson and Lindemann, on behalf of officials at the social service agencies, said the request for emergency intervention was made on unnecessarily short notice.

The firm said the disabled residents' legal team should have known about the cuts since the beginning of December at the latest.

The case was filed Dec. 23, and the petition for emergency relief was made Wednesday.

The lawyers also noted that disabled residents can seek hardship exceptions to be immune from the budget cuts.

The Disabilities and Special Needs Department "is not aware of any person who is likely to be institutionalized as a result of the changes set to take effect" today, according to the defendants' response.

The justices must now decide whether they will hear the case. Additional arguments are due Jan. 12.

Bill Stewart of Charleston said he is disappointed that the court did not grant emergency relief, but he is hopeful the justices will see the merit of the case.

The number of hours that he and his wife, Christina, received to help care for their profoundly disabled 9-year-old daughter Camille will be cut almost in half, from about 120 per month to about 68.

The government service is the only option for their family and others with severely disabled children, Stewart said.

"We're really stuck. Most of our children cannot get private insurance, period," he said of families with children who are severely disabled. Camille, who was born prematurely, has cerebral palsy, autism and mental retardation.

Reach Yvonne Wenger at 803-926-7855 or ywenger@postandcourier.com.