A Mississippi disability rights group is suing another nonprofit, the Palmer Home for Children, which serves as the state’s protection and advocacy system, for denying the group access to its children and campuses.
In a federal complaint filed May 28 in the U.S. District Court for the Northern Mississippi in Aberdeen, Disability Rights Mississippi alleges that Palmer Home violated federal law by denying it “reasonable unescorted access” to conduct monitoring and investigations.
Civil complaints represent only one side of a legal argument.
According to the lawsuit, DRMS received reports indicating possible abuse and neglect at the Palmer Home in late 2023. DRMS Litigation Director Greta Martin told The Dispatch on Thursday that those reports came from an anonymous source.
Greta Martin
“We received a complaint about Palmer Home from an anonymous source who was concerned about the treatment of children in their care. We said we would come and inspect the facility, but they refused to let us in, saying they were not providing care or treatment to the children in their care and that there were no children with disabilities,” Martin said.
According to the complaint, the first contact occurred in January 2024. According to email correspondence between DRMS and Palmer Homes representatives attached to the complaint, DRMS initially attempted to set up a monitoring visit to the Palmer Homes site.
Palmer Home is located in DeSoto County and its principal place of business is listed at 152 Brickerton in Columbus.
Amanda Tollison
Amanda Tollison of the law firm Butler Snow, who represents Palmer Homes, contacted DRMS and initially suggested a date for DRMS to visit.
But when Tollison asked for information to “facilitate a productive meeting,” Martin outlined DRMS’s authority as a protection and advocacy system, including a list of federal regulations that give DRMS ”reasonable sole access” to service provider facilities, and said visits do not require advance notice.
On March 22, Tollison countered that Palmer Home does not fall under the definition of an “institution or service provider” under the federal law cited by Martin because it “does not provide care or treatment services to prevent, identify, mitigate or stabilize mental illness or emotional disturbance” for its residents. Tollison denied DRMS access to Palmer Home’s facilities.
On April 9, Martin sent Tollison an email notifying him that DRMS was opening an investigation into possible abuse or neglect.
“It is widely known that up to 80% of children placed in foster care suffer from significant mental health issues, including post-traumatic stress disorder and severe depressive episodes. Furthermore, approximately 60% of children living in congregate settings exhibit clinical or behavioral problems,” the notice launching the investigation states. “As such, in addition to our initial complaints about Palmer Home, we are currently troubled by the lack of services being provided to children in its care, either as required or through contractual arrangements with third parties.”
In the email, Martin said DRMS has been in contact with the Mississippi State Department of Health, who confirmed that investigators observed children with disabilities on campus during their previous visit to Palmer Home.
In an April 10 letter, Tollison argued that because Palmer Home does not consider itself a mental health services provider and refers children with severe mental illnesses and developmental disabilities to other facilities, the organization is outside the purview of DRMS.
“Contrary to DRMS’s unfounded assumptions, the fact that a child residing at Palmer Home has experienced prior trauma does not mean that the child suffers from a significant mental illness, emotional disturbance, developmental disability, or other disorder,” Tollison wrote.
Tollison also wrote that Palmer Home was following the directions of Child Protective Services, which has the authority to investigate allegations of child abuse or neglect. Palmer Home again denied Child Protective Services access to its facilities, residents or records.
DRMS’ lawsuit seeks a permanent injunction against Palmer Homes requiring timely and reasonable access to the facility and payment of attorney’s fees.
“The Palmer Home does not have the authority to determine who oversees their work,” Martin told the Dispatch. “We have the same authority as a state agency to make sure the children in their care are getting the services and treatment they need. Unfortunately, their wishes do not supersede Congress’ authority, and we intend to argue for exactly that in federal court.”
Drake Bassett
Palmer Home CEO Drake Bassett told the Dispatch on Wednesday that Palmer Home cannot give other agencies access to its records or facilities without proof that they have the authority to maintain the confidentiality of the children it serves.
“It’s our responsibility to protect the children that we serve and it’s our responsibility to demand legal proof or legal evidence that they have this right,” Bassett said.
Tollison told the Dispatch on Friday that DRMS’ claims are “baseless,” “completely unfounded” and “frankly confusing.”
“Palmer Home does not treat or serve individuals diagnosed with severe mental illness, developmental disabilities or other significant disabilities,” Tollison said, “which is why we want to bring this excessive end to its course as quickly as possible.”
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