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Trial Looms Over Man Removed From Parents' Care
Man Put In Group Home Despite Parents' Pleas
POSTED: 3:25 pm CST February 20,
2008
UPDATED: 8:47 am CST February 21,
2008
OMAHA, Neb. -- An Omaha organization that supports people with developmental disabilities has removed one its clients from his parents' home.In spite of some serious disabilities caused by schizophrenia, autism and mental retardation, Andrew Schmidt, 24, had always lived with his parents, according to his mother, Shirley."Everybody thought, 'Oh, he'll never graduate from high school,'" Shirley Schmidt said.
With a lot of nurturing from his family, teachers and friends, Shirley Schmidt said her son thrived."Andrew, being as handsome as he was, mingled with the cheerleaders -- felt important," she said. "That was really kind of neat. And the day he graduated, oh my God. I was so happy," she said.Andrew Schmidt continued to live with his parents after graduation. Shirley Schmidt said they took him on vacations, out to eat and shopping.His parents enrolled him in a day program with the Eastern Nebraska Community Office of Retardation and Developmental Disabilities - ENCOR -- to keep him busy while they worked."And then we noticed in spring 2006, they started to take matters into their own hands, like sending him to the hospital for constipation (by) rescue squad," Shirley Schmidt said. "I thought, there's no need for that."She said that when she started to question ENCOR staff members, they got defensive."Because I was asking her, 'You need to let me know when you do things. I'm his mother,'" Shirley Schmidt said.According to court records, in late 2006, ENCOR accused the Schmidts of over-medicating their son and of neglecting his medical needs and personal hygiene. ENCOR convinced Adult Protective Services to file for guardianship. In December 2006, the Schmidts said that without looking at any of their evidence, Judge Jane Prohaska appointed a temporary guardian. That effectively removed Andrew Schmidt from his parents' home."I know that day, I was so upset, I ran out of the courthouse and refused to speak to anybody," Shirley Schmidt said.Attorney Lawrence Whelan now represents the Schmidts. He told the KETV NewsWatch 7 I-Team that the allegations of abuse and neglect are unfounded, and he has evidence to prove it."To take him out of that family environment, I think, is just extremely wrong," Whelan said. "Everybody who's reviewed this independently has come up with the same conclusion, and that is that Andrew should be returned to his home."In court affidavits, Andrew Schmidt's psychiatrist said, "There is no indication that Andrew has been over-medicated by either of his parents."The family physician said, also in court papers, that Andrew Schmidt has, "A very caring family. There is a strong bond between Andrew and his parents. I have never seen any overt evidence of abuse or neglect."The court-appointed guardian ad litem assigned to the case recommended that "Andrew be returned to the family residence."ENCOR director Bob Brinker and vocational supervisor Sara McCormick said that because of pending litigation and confidentiality, they cannot discuss the case.The I-Team has learned that ENCOR has postponed the trial set for Thursday because it needs to take more depositions."I think they're caught in a position where they may believe they made a mistake and they don't know how to correct it," Whelan said.For now, Andrew Schmidt lives in an ENCOR group home. His parents said they are anxious to get on with the trial. They said they hope their faith in the justice system will can be restored, and they'll get their son back once and for all."He's the light of my life," Shirley Schmidt said.Both sides planned to meet Thursday to come up with a new trial date.
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