ARC of Baldwin County is asking a circuit judge to overturn the state’s decision to strip its certification, and the fight over the shutdown of the nonprofit’s group homes and day programs is now drawing public criticism from a Baldwin County judge whose own daughter relied on the organization for 15 years.
The nonprofit, which provided housing, day programming and other services for people with intellectual and developmental disabilities at three centers in Robertsdale, Loxley and Foley, filed a notice of appeal and request for judicial review on July 6 in Baldwin County Circuit Court. The filing asks the court to block the state’s decertification, stop the relocation of ARC’s clients to other providers, and require a hearing where the organization can contest the findings behind the state’s action.
The lawsuit follows a July 1 letter from the Alabama Department of Mental Health ordering ARC of Baldwin County to shut down immediately over what the agency described as serious health and safety concerns. In that letter, ADMH Commissioner Kimberly Boswell said the agency had conducted an investigative review of the organization between January and March that turned up a range of violations, including a failure to follow incident reporting requirements, inadequate supervision, staff training failures, nursing oversight problems and medical care compliance failures. Boswell wrote that those failures had resulted in “critical incidents and death.”
Under the decertification order, residents whose care is paid for through Medicaid waivers are being relocated to other certified providers, and ARC’s day programs were required to close. Unless its appeal succeeds, all of the organization’s services ended as of July 15.
A Judge’s Personal Stake
Among those criticizing the state’s handling of the closure is Baldwin County Judge William Scully. In an interview in Bay Minette, Scully said his 40-year-old daughter, Elizabeth, lived in an ARC of Baldwin County apartment for 15 years. Elizabeth has a genetic disorder and functions at roughly the level of a two-year-old, Scully said, and he credits ARC’s staff with treating her well throughout her time there.
“We always had people who we thought were concerned about her and loved her,” Scully said.
Scully stressed that he is speaking as a frustrated father, not in his capacity as a judge or on behalf of ARC of Baldwin County. He believes the Alabama Department of Mental Health denied the organization its procedural due process rights and a chance to correct any deficiencies before ordering the shutdown.
“I think ARC Baldwin County has done a great job for our community,” Scully said. “It’s been a good citizen in our community for 50 years.”
ARC’s Case: No Warning Before the Decertification Letter
The court filing alleges that ARC of Baldwin County’s executive director, its board members, staff and the families of clients received no advance warning that ADMH intended to decertify the organization before the July 1 letter arrived. According to the lawsuit, neither ARC, its more than 200 employees, nor the families of the more than 90 people it served had any indication beforehand that the state was considering shutting the nonprofit down. The filing also claims ADMH did not follow its own procedures, arguing the department failed to provide a certified copy of the recommendation for decertification to the organization’s executive director and board members before acting.
T. Deven Moore, an attorney representing ARC of Baldwin County, laid out the organization’s position in a July 2 response to ADMH. Moore said the organization has never received any substantial findings of abuse or neglect and disputed that any deaths or critical incidents can be attributed to care provided by ARC of Baldwin County. According to Moore, the organization did not receive an investigative report from the state until the July 1 decertification letter itself arrived.
Scully raised a similar objection, arguing the department invoked emergency powers it had no basis to use.
“They chose to jump the gun with this alleged emergency process, which is provided for in the regulations,” Scully said. “I just think that they are abusing that power. The commissioner has abused that power.”
The State’s Response: Case Filed Too Early
ADMH filed a motion to dismiss the lawsuit on July 17, disputing ARC’s legal claims. In the motion, the department argued it had provided all required notices and had properly followed its own procedures in reaching the decertification decision. State attorneys also contended that ARC’s court challenge was premature, noting that ARC has already requested an administrative hearing and that the appeal process is underway; judicial review, the state argued, is not appropriate until that administrative hearing concludes and the decertification has been upheld.
The motion to dismiss is pending before Judge Byron Brackin. As of July 22, no hearing had been scheduled in the case, and the state’s motion remained unresolved. The Alabama Department of Mental Health declined to comment on Scully’s criticisms of its handling of the closure.
Families Left to Adjust
Scully said his daughter has since successfully transitioned to another provider, but he said other families have told him they are struggling with the disruption caused by ARC’s closure.
“I’m unhappy with the way that our kids have been treated,” Scully said.
A Separate Track: The Administrative Appeal
Apart from the circuit court case, ARC of Baldwin County has a separate administrative appeal underway with ADMH challenging the decertification itself. An ADMH attorney initially said during a July 15 public meeting in Fairhope that the appeal hearing would be open to the public. A department representative later said legal counsel had advised that the hearing will in fact be closed to the public. No date for that hearing has been announced.
The circuit court case and the administrative appeal are proceeding on separate tracks, meaning the underlying question of whether ARC of Baldwin County’s decertification was justified could ultimately be decided in either forum, or both, before the matter is resolved.