Lawmakers may revamp protocol for abuse cases at state schools

Corpus Christi 'fight club' revealed flaws in system, legislator says.

By Corrie MacLaggan
AMERICAN-STATESMAN STAFF 
Thursday, April 02, 2009

The fights that police say employees of Corpus Christi State Schoolorganized for more than a year among residents with mental disabilities revealed serious flaws in the state's system of reporting and investigating abuse and neglect, a key lawmaker said.

"Clearly, something broke down," said state Rep. Patrick Rose, D-Dripping Springs, chairman of the House Committee on Human Services. The behavior "wasn't reported; it wasn't investigated; it wasn't prosecuted" — until police happened to come across a cell phone last month with videos of the incidents.

Harry Cabluck/ASSOCIATED PRESS (enlarge photo) Rep. Patrick Rose says fights showed system's flaws.

The committee is expected to vote as early as next week on a measure that would revamp how abuse and neglect cases are reported and investigated at the 13 state schools that are home to nearly 5,000 Texans.

Rose said he's working on a new version of House Bill 1317 that would increase the role of the Health and Human Services Commission Office of Inspector General in abuse and neglect investigations. Jay Kimbrough, chief of staff for Gov. Rick Perry, said he agrees with that provision because that office has law-enforcement expertise.

"Let the cops deal with it up front," Kimbroughsaid. "Time is of the essence in these kinds of investigations. "

Rose said that under current policy, the decision on whether to alert high-level state school officials sometimes depends on a low-level worker, such as one of those whom police say forced residents to fight. HB 1317 would require that a new independent ombudsman evaluate that reporting and investigating process.

But Cecilia Fedorov, a spokeswoman for thestate's Department of Aging and Disability Services, said that all cases of possible abuse and neglect are required to be reported.

"Every single time there's even the slightest, tiniest possibility that something occurred because of abuse or neglect, it is mandatory that that be called int o (the Department of Family and Protective Services) for investigation, " she said.

Rose's bill — designated emergency legislation by Perry — is similar to Senate Bill 643, which has passed the Senate. Both call for video surveillance in common areas and an independent ombudsman. But whereas the Senate bill focuses on increasing oversight of state schools, the House version also seeks to do so at community homes.

And Rose said he plans to introduce several new provisions to the House version, including:

• Increasing criminal penalties for failing to report abuse and neglect.

• Relocating to Mexia State School residents of state schools around Texas who have been accused of crimes but were deemed unable to stand trial because of mental disabilities. (The Senate version says they should be at a single facility but does not specify which one.) There are now 200 such residents around the state. Rose is proposing moving them only if they present substantial risk of harm to others; they or their guardians would be able to appeal the decision to relocate them.

• Changing the name "state schools" to "state supported living centers" (the Senate version would change it to "state developmental centers").

cmaclaggan@statesman.com; 445-3548