"The settlement brings much-needed closure to a sad chapter in our state’s history," said state Sen. Jane Nelson, R-Flower Mound, chairwoman of the Senate Health and Human Services Committee.
"Abuse and neglect of our most vulnerable citizens must never be tolerated," she said.
Nelson, who is sponsoring legislation to improve oversight at the facilities, known as state schools, said the agreement includes independent monitors to inspect the state schools regularly; new standards for medical and psychological care; safeguards to detect and deter exploitation; and strengthened guidelines for employees’ treatment of inmates.
The improvements are expected to cost the state $112 million over the next five years. The price tag would include $51.2 million that the Legislature would have to add to the state budget for the 2010-11 biennium.
Focus on state agency
A Justice Department report presented to Gov. Rick Perry in December said residents are often victims of abuse, neglect and inadequate medical treatment. At least 53 residents died within the past year because of lapses in healthcare, the report concluded.
The investigation centered on the Texas Department of Aging and Disability Services, which operates 13 large facilities, including one in Denton that houses nearly 5,000 residents.
On Tuesday, the state House, acting on a resolution by Rep. Lon Burnam, D-Fort Worth, voted to permit the family of a resident at the Denton school to sue the state for injuries received nearly seven years ago. Haseeb Chishty was left paralyzed and unable to eat on his own, the family said.
In a letter to Nelson on Wednesday, Deputy Texas Attorney General David S. Morales confirmed that the Justice Department had agreed to a "statewide settlement" stemming from its investigation.
Justice Department and state officials also agreed to file documents in U.S. District Court in Travis County to make the agreement legally binding.
The agreement resulted from discussions between the Justice Department, Perry’s office, the Texas attorney general and Aging and Disability Services officials, according to the letter.
'Emergency’ status
Nelson said she will file a resolution today approving the points of the settlement. Her Senate committee and the House Human Services Committee will meet jointly Friday to review the agreement.
Perry gave Nelson’s Senate Bill 643 "emergency" status at the outset of the legislative session to expedite passage. It was the first bill to pass the Senate; the House approved it Tuesday.
A key element of the bill would create a govern-appointed ombudsman to audit the facilities biannually and be a confidential intermediary for parents, clients and guardians.
The bill would also create a hot line for reporting abuse, neglect and misconduct; mandate surveillance cameras in common areas; and require drug tests, fingerprinting and background checks on employees. Investigations uncovered employees who had criminal records.
The settlement brings much-needed closure to a sad chapter in our state’s history."
State Sen. Jane NelsonR-Flower Mound
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