M.M. v. Department of Developmental Services, et al. (Lawyers Weekly No. 11-012-14)

NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us       12‑P‑1592                                                                             Appeals Court   M.M.[1]  vs.  DEPARTMENT OF DEVELOPMENTAL SERVICES & another[2] No. 12‑P‑1592. Middlesex.     June 11, 2013.  ‑  February 18, 2014. Present:  Berry, Katzmann, & Rubin, JJ.   Department of Developmental Services.  Intellectually Disabled Person.  Administrative Law, Hearing, Findings, Substantial evidence.  Guardian.  Notice.       Civil action commenced in the Superior Court Department on July 27, 2011.   The case was heard by Bruce R. Henry, J., on a motion for judgment on the pleadings.     Stephen M. Sheehy for the plaintiff. Iraida J. Álvarez, Assistant Attorney General, for the defendants.       KATZMANN, J.  Through his guardians, M.M., a profoundly intellectually disabled individual who resides at the Fernald Developmental Center (FDC), challenges a Superior Court judge’s affirmance of the decision of the Division of Administrative Law Appeals (DALA) approving his transfer to the Wrentham Developmental Center (WDC).[3]  See G. L. c. 123B, § 3.  Our analysis here involves whether, during the DALA hearing, the Department of Developmental Services (DDS) presented the administrative magistrate with substantial evidence to support his decision that the interfacility transfer would result in improved services and quality of life for M.M. and be in M.M.’s best interest.  After reviewing the administrative record and the parties’ submissions, we affirm the judgment of the Superior Court approving DALA’s decision.  See G. L. c. 30A, § 14(7). 1.  Background.  M.M. is forty-nine years old and has resided at FDC since the age of five.  He is profoundly intellectually disabled and cannot care for himself.  He has nonspecified psychosis and suffers from episodes of anger and self-injurious behavior.   DDS has proposed to transfer M.M. from his residence at FDC to Heffron Hall B apartment 3, at WDC.  On June 10, 2010, DDS, as required by 115 Code Mass. Regs. § 6.63 (2009), issued a forty-five day notice and request for proposed facility transfer to M.M.’s guardians.[4]  The guardians objected to the transfer, and DDS then referred the case to DALA.  A DALA magistrate conducted an evidentiary hearing and concluded that DDS’s proposed transfer of M.M. to WDC was in his best interest.  On July 19, 2012, a Superior Court judge affirmed the DALA magistrate’s decision.  M.M., through his guardians, then filed a timely notice of appeal to this court. 2.  Standard of review.  This is an appeal under G. L. c. 30A, § 14.  By statute, therefore, we must review the conclusion […]

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