COLUMBIA, S.C. - A probate judge's effort to
make sure federal relief checks for mentally ill and disabled
Hurricane Katrina refugees aren't stolen or mishandled was nixed
after she said the U.S. attorney's office in South Carolina
threatened a lawsuit.
That judge's order raised concerns that people needed to "prove
they were not mentally deficient," to get their money, U.S. Attorney
Johnny Gasser said.
At a minimum, the local plan added another level of bureaucracy,
Gasser said. The Federal Emergency Management Agency "and the U.S.
attorney's office didn't think that was fair to the evacuees," he
said.
More than 1,600 evacuees - some of them mentally ill - are
getting help at a Columbia refugee center from the Red Cross,
Federal Emergency Management Agency and other agencies. Most of them
told FEMA to send their initial $2,000 relief checks to
Columbia-area hotels serving as temporary housing.
During the past week, mental health professionals working at the
center had "serious concerns that these individuals were going to be
taken advantage of," Probate Judge Amy McCulloch said.
On Thursday, McCulloch ordered hotels handling FEMA checks for
refugees to return them to the central facility "where the
assessment and screening of evacuees will take place before the
distribution of the checks."
FEMA wanted to hold Columbia to its original agreement to
distribute checks to hotels, Gasser said.
McCulloch amended her order and later dropped it entirely.
Determining whether evacuees with mental illnesses or
disabilities can handle financial affairs "should have been done on
the front end," McCulloch said. The payments refugees are getting
"may be the largest sum of money they have received in some
time."
The judge had planned voluntary hearings to decide if some
refugees needed temporary conservators to handle their financial
affairs.
In Houston, which quickly became a refugee hub, "no one has run
into that issue," said Randy Sorrels, president of the Houston Bar
Association. The American Bar Association also said it had not heard
of that issue arising in other states.
McCulloch dropped her order, saying it "appears that the United
States attorney for the district of South Carolina has threatened to
instigate litigation."
Gasser said McCulloch did not have the legal jurisdiction to stop
FEMA from distributing the checks. The two had several "upbeat and
friendly" conversations, he said, but "there was never a threat to
take Judge McCulloch to court."
Federal authorities "haven't thought through these issues," said
Samuel Tenenbaum, who is leading volunteer efforts at the refugee
center along with Columbia Mayor Bob Coble.
All refugees, even those without disabilities, should have the
checks handed to them in person, Coble said.
"This is a classic example of a bureaucratic mess," Coble
said.
One refugee said mentally ill evacuees probably needed the
judge's order.
"If the person's not sound here," New Orleans refugee Mohmad
Hirsi said pointing to his head, "let them do it."
