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Outside counsel warns of safety, staffing and regulatory risks; Waterford trustees vote to end ENCORE adult day program

Waterford Township Board of Trustees
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Summary

After an attorney’s review citing staffing shortfalls, facility deficiencies and recent elopements, the Waterford Township board voted to end township operation of the ENCORE Adult Day Services program, targeting Aug. 27, 2025, unless staffing or contracts require a different timeline.

WATERFORD TOWNSHIP, Mich. — Waterford Township trustees voted to end township operation of the ENCORE Adult Day Services program following a presentation by outside counsel that warned of safety, staffing and regulatory risks.

Attorney John Gulick, retained by the supervisor, told trustees that his review of documents and interviews showed persistent problems including minimal staffing, building deficiencies and safety incidents. “It can result in significant legal liability for the township and extremely significant and unforeseen economic expenses going forward,” Gulick said, recommending that the township “with an advanced notice of 90 days cease the further operation of the program” contingent on staffing availability and contractual obligations.

Gulick said ENCORE serves about 30–35 people daily, roughly 14 of whom are Waterford residents, and operates Monday through Friday from 8 a.m. to 4 p.m. He said staffing often only met minimum state guidance and that some standards call for a 5-to-1 staff-to-participant ratio. “Minimum is minimum,” Gulick said, arguing the population served — including people with Alzheimer’s and dementia — requires staffing above the minimum.

Trustees heard that the township took the program over from the school district on Jan. 1, 2025, and that multiple facility issues were identified by a fire marshal during an initial inspection, including 40-plus violations that the township has been working to remedy. Gulick also described two elopement incidents since May 9 and raised concerns about medication handling in a setting where township staff are not licensed to dispense medications.

Board members expressed both gratitude for the report and concern for participants. Supervisor Bartletta said the board must prioritize safety: “If we can’t do it right, we shouldn’t be doing it,” he said. Trustee Sam, who moved the motion to end the program, told the board the shutdown decision is difficult but necessary given the report’s findings.

On a motion presented by a trustee and seconded by another, the board voted to end township operation of the ENCORE program, setting Aug. 27, 2025, as the target shutdown date unless additional time is needed to satisfy contractual requirements or unless staffing shortages force an earlier closure. Gulick told trustees there are state and county resources to assist residents and that participants would likely find other placements for services if the township discontinues direct operation.

The board did not adopt a detailed transition plan during the meeting; trustees said staff will follow up on contract obligations and coordinate placement options with county and state partners. The motion and vote concluded the board’s discussion; additional follow-up and implementation steps were not specified at the meeting.