[D+111] responsibility negated

Disabled - care facility in lower Austria omission filed a law suit against home critics
Responsibility for the illegal home - out of litter and maintenance deficiencies will continue to be negated

On 4.4.2005, the then 16-year - old Katja, a severe need for more disabled girl with high care was thrown, after only seven weeks of stay, without prior notice and with immediate effect, therefore, a violation of the law from a disabled care facility out, after their families, care, care, Hygiene and structure, identifying deficiencies and the compliance with legal provisions and agreements demanded. Since then, Katja lives again, as previously for 15 years with her (now former) foster parents, Charlotte and Gerhard Lichtenauer. Background report, see: http://katja.at/blog/1465/verantwortung-erkennen ^[1]

On 4.4.2008 the foster-father, Katie's, Gerhard lichtenauer, filed a criminal Pölten display at the Prosecutor's office of St.. The allegation is on body injury and risk to health of minors by professionally-skilled and professional is not legally authorized (”precarious”) to care for intensive care of vulnerable people.
In addition, professional fraud is suspected “” Mr lichtenauer, because for intensive care by ‘senior management’ is settled, this skilled nursing care must be to-care-for legal reasons, not exercised, can and wants to.
Some departments of the country lower Austria is accused of abuse of office, the “illegal nursing home operation” for years, initiated, and covered, as well as to be responsible for the illegal kicking Katie's.
The Prosecutor's office is investigating since then, whether the disabled device has “neglected its commitment to the care and custody of grossly” and whether the authorities have “neglected their Supervisory and examination duty or knowingly misused”.

On 21.10.2008 the ‘Salzburger Nachrichten’ on the “allegations against the nursing home”. See: http://katja.at/blog/908/sn-artikel ^[2]

On 19.11.2008 Mr Lichtenauer on the part of the criticized facility for people with disabilities legal action was threatened because of the allegedly “defamatory statements”. See: http://katja.at/leben/pflege/maulkorb-versuch ^[3]

For 20.10.2008 announced and on 15.12.2008 emitted ORF-topic - post reported on the actual care of the damage to Katja, the immediate Support to break to three and a half years and a severe, multiple disabilities residents, Samuel, who was taken from his mother in the spring of 2008 due to maintenance deficiencies of this institution. See: http://katja.at/verantwortung ^[4]

Responsibility will continue to be negated

The complaining operator of facilities for the disabled leads to a total of twelve Disabled group homes in Vienna and lower Austria. According to the self-representation of these communities as “inclusive living”, to be referred to care facilities to “mental, physical, or multiple impairments, predominantly of severely impaired people,” with a “basal care needs and high care needs” specialized.

The nursing home operator sees himself as “a in your area well-renowned in the professional world and the authorities are very-recognized care facility, which leads to the living and the integration of groups with a high level of nursing and, of course, in accordance with recognized and legally prescribed rules of the medical art and science, and the applicable standards of care.”

On 20.1.2009 was charged, despite the uncompleted state of legal investigations and in spite of, on the part of the ORF-issue - editorial-researched and in TV post on 15.12.2008 reported overt care of the damage claim. Because of the allegations of endangerment of minors by defects in the disabled device and the assertion of the illegality of the player being kicked out Katie's was, as announced ^[3]from the home operator a cease and desist brought a case against Mr lichtenauer at the regional court of St. Pölten.

Here is the Klagsschreiben, uncommented copy (Original, scanned in and converted to readable PDF):
2009-01-20_Unterlassungs-und_Feststellungsklage_HABIT_vs_lichtenauer_ocr.pdf ^[5]

Download (PDF, 58KB) ^[5]

To 3.3.2009, the defence has to be made that will be posted here also.

Addendum on 3.3.2009:
On 2.3.2009 the response to the complaint was an injunction by Mr Lichtenauer. See:
http://katja.at/blog/1821/klagebeantwortung ^[6]

Translated by Yandex.Translate and Global Translator