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Caregiver hired despite failing background check 12/16/18, 11:50 AM The case highlights what experts say is a significant and growing problem in the U.S. — financial exploitation of elderly people by caregivers. Many cases go unreported and accurate estimates are hard to pin down, but studies suggest there are at least tens of thousands of such cases each year. July 22, Judge Colleen O'Brien dismissed the family's claims against ResCare, that included counts of breach of contract and fraud. The judge ruled that the signed contract between the parties, not any verbal assurances that might have been given, is what's legally binding. The written contract included a clause that said it "contains the entire understanding of the parties," and it didn't say anything about a background check. But in dismissing the family's claims under the Consumer Protection Act, O'Brien said the lawsuit had not included which sections of the act ResCare allegedly violated and did not spell out sufficient details to support the claim. Now, the family has filed a motion seeking to amend their complaint with respect to the Consumer Protection Act, setting out details to support what they say are seven violations of that law by ResCare, a huge national firm with a Rochester office that the Calcaterra family dealt with. The claims mostly relate to allegedly false or misleading claims by ResCare about the quality of their background checks and employees and failure to disclose important information. "After Tangie finished stealing all of Frank and Jonnie's money and possessions, the family was stunned to learn that at the time of her hiring Tangie was wanted on two felony charges and had been convicted of two misdemeanors," the family said in an Aug. 26 court filing, "ResCare's failure to do a thorough background check ... resulted in a predator being placed into Frank and Jonnie's home." ResCare has yet to respond to the motion in advance of a hearing set for Sept. 16, but the company has argued Tangie Coleman (Photo. Southfield in court that Calcaterra breached the contract with ResCare when he hired Coleman on a personal contract — Police Department) cutting out ResCare --- about three months after she was sent to his home. "All of the complained of conduct occurred well after ResCare was terminated," ResCare attomey Scott Murphy of Grand Rapids argued at a July 22 hearing, according to a transcript. https://www.freep.com/storylnews/local/michigan/oakland/2015/09/06/caregiver-hired-despite-failing-background-check/71578820/ Page 2 of 3