Mental Health, DISID revert back to GovGuam

AUTHORITY over the Department of Mental Health and Substance Abuse and the Department of Integrated Services for Individuals with Disabilities will soon end for a federally-appointed management team, or FMT, and transition back under the government of Guam, Judge Consuelo B. Marshall ordered yesterday in the District Court of Guam.

After five years of court-appointed federal control and monitoring over the departments, the local government will regain its authority over DISID effective immediately, and DMHSA effective Dec. 3.

Following a status report presentation yesterday by FMT member Dr. James Kiffer, Judge Marshall issued a number of orders and responses to several motions filed in the case, which included the request by plaintiffs’ attorney Daniel Somerfleck and defendant Gov. Eddie Calvo for a replacement of the FMT.

Earlier this month, Gov. Calvo proposed the appointment of Superior Court Senior Pro Tempore Judge Elizabeth Barrett-Anderson as a replacement. Judge Marshall deemed it unnecessary to replace the FMT, thus denying both parties’ motions. Instead, the court found that the most efficient way to return duties and powers to the departments’ directors is to allow the present FMT to complete its ongoing work during the limited transitional period.

According to the court order, Dr. Kiffer will remain for a limited transitional period until Dec. 3. The authority will then be turned over to DMHSA Director Wilfred Aflague. Meanwhile, control over DISID will be transferred from Dr. Kiffer to DISID Director Ben Servino, effective immediately.

Funding

In addition to the court order, the director of DISID has agreed to transfer the funding and administrative responsibilities of the Community Habilitation Program and the Respite Program to DMHSA. The transfer must take place on or before Sept. 3.

“This is the first huge victory in my desire for the people of Guam to take back control after years of federal takeovers because of bad service,” Gov. Calvo stated in a press release. “We will continue demonstrating to the court our focus and resolve to deliver the highest quality services to the people, whether at [the Guam Department of Education, Department of Corrections, Guam Waterworks Authority, or the solid waste division at the Department of Public Works].”

In addition to the court orders, Gov. Calvo was tasked to appoint members of DMHSA’s advisory council no later than Oct. 15 to be considered for confirmation by the Legislature. To assist in the effort, Dr. Kiffer and Aflague are to provide the governor a list of suggested appointees no later than Sept. 14.

“We believe this indicates the court’s trust in the governor’s ability and sincerity to fix the problems and deliver the services for the consumers of Mental Health and DISID,” Governor’s Chief Legal Counsel Maria Cenzon stated. She added the Governor’s Office will be working closely with the directors of DMHSA and DISID on its next steps to improve services.

It was ordered by the court that DMHSA file a report no later than Nov. 15 identifying the specific steps DMHSA needs to take in its first 12 months in order to achieve full compliance with the amended permanent injunction.

Cenzon also said the Governor’s Office will continue its close collaboration with plaintiffs' counsel to ensure the delivery of services at the highest levels.

Meanwhile, Sen. Dennis Rodriguez Jr., health committee chairman, echoed the governor's sentiments and applauded the District Court's decision to end the FMT.

“This is not just a victory for the consumers and employees of both DMHSA and DISID, but for the entire island of Guam,” he stated. “This ruling, although it does come with certain conditions by which we must abide in the provision of services, reaffirms that our local government is ready and capable of delivering appropriate and quality mental health services for our people.”