LINCOLN — A Norfolk woman is suing a provider of services for the disabled, claiming that an elderly client she cared for was allowed “numerous times” to come home from the provider’s day program covered in feces and smelling of urine.

The woman, Rosanne Ramirez Eagle Feather, who had been paid to house the elderly client in her home, also seeks to remove a rural Wayne man as legal guardian, claiming that he didn’t demonstrate sufficient attention to the problems of “DK” — the initials used in a court filing — and didn’t visit her home once over two years to check up on him.

Eagle Feather is seeking monetary damages for loss of income, attorney fees and losing “her close and loving relationship with DK” from Mosaic, the service provider, as well as from Steve Heller, the guardian, for alleged neglect and abuse.

A state operations director for Mosaic, Rochelle Cross, said she could not comment on the lawsuit, but maintained that the “first concern” of the company, which operated the day program that served DK, “is the safety and health of the people we support.”

Heller, meanwhile, described the legal battle as retaliation for the decision to remove DK from the Eagle Feather home and place him in a group home in Beatrice, where his attorney wrote, “(DK) is thriving” and is “very happy.”

Heller, in a telephone interview, said DK had suffered from incontinence for several years, and that the problem likely grew worse due to a change in his medication. He said he had entrusted Mosaic — where his late wife had served as an administrator — to keep tabs on DK’s care and report any problems.

In court filings, Heller’s attorney compared it to deferring to school officials to do what’s right for DK.

Eagle Feather, in court documents, objected to that characterization, and maintained that Heller didn’t sufficiently care for DK and had only become guardian to “honor [his wife’s] wishes.”

Heller, meanwhile, said Eagle Feather became upset, because he refused to switch DK to another day program provider. He added that she also was upset because she had lost about $6,000 a month to care for and house DK, according to court documents.

Eagle Feather, in court files, maintained that she was only concerned about DK’s well being, not money and that it was Mosaic that had a monetary interest in where DK got services.

Court files also indicated that complaints to the Nebraska Department of Health and Human Services Adult Protective Services against Heller and Mosaic were found to be unfounded. However, Eagle Feather’s attorney, Kathleen Neary, said “only a fool” would not clean up its act in response to an APS complaint.

Eagle Feather’s request to have Heller removed as DK’s guardian has been taken under advisement by Madison County Court Judge Ross Stoffer.

The civil lawsuit, seeking damages from Mosaic and Heller, was filed recently in Madison County District Court and has not yet been set for trial.

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