Vermont agency cleared in death of developmentally disabled woman from hypothermia; caregiver arrested in October

From the Times Argus in Vermont:

BARRE, Vt. — Caregiver Julie Davis has been accused of neglecting a developmentally disabled adult who died soon after being taken to the hospital. But the state body that investigates neglect of vulnerable adults says the agency that hired Davis did nothing wrong in the incident, according to a state official.

Davis, 45, of Calais, pleaded innocent to neglect of a vulnerable adult by a caregiver last Thursday in Vermont District Court in Barre after Jean Lemire, a 47-year-old developmentally disabled woman who was living at Davis' home, died of hypothermia in August.

Lemire was the second developmentally disabled person to die while in Davis' care, court records state.

Police have said there was no evidence that Lemire, who was found with cuts, bruises and a broken rib, was abused, but authorities believe Davis neglected to properly care for Lemire, who apparently hit herself and wandered around the woods without clothes in the rain. Lemire had also refused to drink or eat food, and she ate grass and mud.

Davis told police she didn't stop Lemire from doing these things because she couldn't control her.

Last March Davis was hired to care for Lemire by Lincoln Street, Inc., a private nonprofit agency care agency based in Springfield that was founded in 1980. Lincoln Street is contracted by the state to care for people with developmental disabilities. Lemire, who was developmentally disabled and diagnosed with a personality disorder and other conditions, had been a client of Lincoln Street for 24 years.

According to Joan Senecal, the commissioner of the Vermont Department of Disability, Aging and Independent Living (DAIL), Lincoln Street followed the proper procedures in hiring Davis and has not been found negligent.

DAIL, which is within the state's Agency of Human Services, is the oversight agency for Vermont residents who are elderly, have disabilities or are in vocational rehabilitation.Adult Protective Services is a department within DAIL and conducted the investigation into Lemire's death along with Vermont State Police.

Senecal said Adult Protective Services found that Lincoln Street took all the necessary steps to vet Davis when they hired her, including five separate background checks, along with three reference checks.

Lemire had a case manager who worked for Lincoln Street who was in contact with Davis in the days leading up to the death. The case manager, Karen Daley-Regan, was also Davis' supervisor. Daley-Regan told police that if she had known Lemire's condition, she would have intervened.

Davis admitted to police she should have been clearer about the urgency of the situation, according to the affidavit. But Davis also said she tried to reach Daley-Regan through her cell phone and pager on the day Lemire died, but could not get ahold of Daley-Regan.

Davis also told one of Lemire's family members that she needed to come and get Lemire, Davis told police.Lincoln Street and Lemire's family members have declined to comment on the death of Lemire.According to court records and Senecal, Doug Lafrance died of pneumonia on Davis' watch, but that incident didn't prevent her from continuing to be a caregiver.

"We take on lots of people with compromised medical and health conditions," said Senecal. "Many of these people are very frail and have lots of medical problems. It does happen once in awhile."

"Whenever there is a death, there always is a look back into the situation," Senecal continued, "and nothing that came out of (Lafrance's death) raised anyone's concerns."

A complaint was made to Adult Protective Services accusing Davis of verbally abusing Lemire at a local drugstore, according to court records. Senecal said on Friday that she did not know if that report, which was made by a customer at the drugstore, was ever investigated.

Adult Protective Services has seven investigators that cover the state, and in fiscal year 2008 the department received 1,648 reports of alleged abuse, neglect or exploitation of a vulnerable adult, Senecal said.When reports are received, more information is gathered to determine if it is worth investigating.

Senecal said investigators determined that 830 complaints in fiscal year 2008 deserved an investigation, and in 63 cases the claims of abuse were substantiated. In those cases the caregiver's name was placed on a registry.

About 2,200 Vermonters with developmental disabilities receive care through the state each year, Senecal said, and most of those individuals live in caregivers' homes as Lemire did."That's the backbone of our system," said Senecal.

Caregivers such as Davis don't have to be licensed by the state, and Senecal said agencies that hire the caregiver — such as Lincoln Street — determine if a caregiver is qualified.Lincoln Street is subject to state regulations, and the state has contracted with Lincoln Street since the agency began in 1980, according to Senecal.

Lemire's death will not be prompting any changes to the system that cares for developmentally disabled individuals, Senecal said.

"I wouldn't say there are changes; I'd say people are being more vigilant … and I think that's a proper thing to be doing," she said. "It's just very tragic, and everyone feels awful about it."

Rescue workers responded to Davis' 911 call on Aug. 9 and found Lemire near death at Davis' Calais home. Lemire was transported to Central Vermont Medical Center and taken off life support by her family soon after. Authorities conducted an investigation over the next month and a half, interviewing at least 26 people about the incident, and Davis was arrested in October.