Abilene state-supported living center installs fence for security

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Amanda Casanova casanovaa@reporternews.com / 325-676-6730Tuesday, July 21, 2009

A new fence now stretches along Maple Street in front of Abilene’s state-supported living center for people who have mental retardation or developmental disabilities.
The state-funded, $140,000 fence was completed last month, closing in the grounds of a 176-acree facility formerly known as a state school.
“We are making improvements specifically for the safety of our residents on an ongoing basis,” said Cecilia Fedorov, press officer for The Texas Department of Aging and Disability Services.
While the improvements weren’t related to newly passed legislation that calls for upgrading security at the facilities, the Abilene living center will soon be equipped with the increased security measures.
In June, Gov. Rick Perry approved $112 million in legislation to boost security at the facilities with required video surveillance cameras, improved staff training and background checks. Other protective efforts include establishing the Office of Independent Ombudsman, who will oversee all operations; enhancing abuse and neglect investigations; and random drug testing on employees.
The cameras, which will be placed in all common areas, haven’t been installed at the Abilene facility. Also, staff will be required to wear vests of various colors to identify themselves as employees. These vests have not yet been purchased, Fedorov said.
Almost 1,300 people work at the facility in Abilene, which houses roughly 520 people.
“The legislation just passed,” Fedorov said. “We’re still in a preparation phase.”
However, some security measures are already being practiced, such as a nighttime check, where management perform random inspections in the middle of the night “to make sure things are running as they should be.”
“This all means that these agencies are going to continue making these improvements and continuing to focus on the safety and quality of life for our residents,” Fedorov said.
The law also increases penalties for abusive or neglectful employees, or failure to report abuse or neglect. Additionally, the Department of Aging and Disability Services will contract with an independent patient safety organization to conduct mortality assessments to determine if deaths could have been prevented.
Fifty-three residents at the facilities statewide died from preventable conditions stemming from neglect, a state report said.
According to state records, last year nearly 270 employees at Texas’ 13 institutions were suspended or fired for mistreating or abusing residents.
Nearly 5,000 people live in the Texas residential facilities for the mentally and developmentally disabled.

Lubbock State School fires six employees after resident's death in June

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By Sarah Nightingale | AVALANCHE-JOURNAL

Saturday, July 18, 2009
Story last updated at 7/18/2009 - 1:58 am

Six Lubbock State School employees were fired last week for their involvement in the June 6 death of a school resident, a Texas Department of Aging and Disability Services Representative confirmed on Friday.

Donnell Smith, Jessica Santos, Abrisha Henderson, Amiya Harper, Craig Stevenson and Omar Jordan were fired when a Texas Department of Family and Protective Services investigation confirmed their involvement in the "physical abuse and neglect of the patient," said Laura Albrecht, a state press officer for the DADS.

Avalanche-Journal attempts to reach the former employees on Friday were unsuccessful. They were not listed in the city's phone book.

The employees, Albrecht said, worked as mental retardation assistants and were involved in direct patient care. Their positions, she added, ranged from entry level to supervisory, but all worked under the direction of higher grade "unit directors."

The Lubbock Police Department was called to the school, 3401 N. University Ave., to investigate the June 6 on-site death of a 46-year-old male resident. The resident, who cannot be named due to federal privacy laws, fell in his room after a struggle with staff, according to a June 11 Avalanche-Journal report.

Emergency responders were unable to revive him at the school, Albrecht previously told The A-J.

Darrell Azar, spokesman for the DFPS, said Friday his agency was unable to comment on the specific findings of the investigation, which began June 6. The confidential report, he said, was submitted to Department of Aging and Disability Services staff so they could "take the appropriate enforcement action."

Azar said findings of the report were also submitted to school superintendent Kristen Weems, and local law enforcement agents.

Lubbock Police Sgt. Jimmy Pachall said Friday his department closed its criminal investigation of the case when Lubbock County Medical Examiner Sridhar Natarajan concluded the victim did not receive a fatal injury during his June 6 struggle with staff.

Pachall said the investigation had been turned over to the Texas Attorney General's office.

Tom Kelley, press officer for the attorney general's office, said his agency "does not acknowledge investigations at any time."

Azar said it was possible the civil investigation they undertook may not lead to criminal action.

"We look at whether it is likely that abuse or neglect caused a death or a serious injury," he said. "A criminal investigation would have to have a stronger level of proof in order to prosecute."

The Lubbock State School, now officially named the Lubbock State Supported Living Center, houses approximately 300 people with the diagnosis of mental retardation. The 24-hour residential facility sits on a 226 acres site approximately three miles north of the city.

To comment on this story:

sarah.nightingale@lubbockonline.com l 766-8796

shelly.gonzales@lubbockonline.com l 766-8747

Nursing homes get old for many with disabilities

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PROPUBLICA
06/22/2009
ST. LOUIS — Melody Ping never thought she would be trying to move out of a nursing home.She lived in a St. Louis apartment for 19 years and worked as an accountant until two years ago, when she lost her job. Ping, who has multiple sclerosis, couldn't find new work. When her unemployment ran out, she ended up on Medicaid in a nursing home.Ping, 51, is among tens of thousands of people nationwide who want to live on their own, but instead remain in nursing homes, rehab centers or state hospitals, often at a higher cost to taxpayers because of a historic bias toward institutional care.Ten years ago today, the U.S. Supreme Court said that bias amounted to discrimination. Now, as disability advocates celebrate the anniversary of that landmark ruling, they worry the Obama administration is backing away from a pledge to give more people with disabilities the option to live at home.

As a senator, Barack Obama co-sponsored the Community Choice Act, pending legislation that would give Medicaid recipients equal access to services in the community and not force them into institutions. But the administration recently said it would not address the issue as part of its proposed health care overhaul.Disability rights advocates were so angered that at least 90 were arrested during an April protest outside the White House. For some, the dispute was a blunt reminder of how hard it has been to put an end to discrimination even with affirmation from the Supreme Court."I don't think most policymakers see it as a civil rights issue," said Andrew Imparato, president of the American Association of People with Disabilities. "I don't think most people see the ability of getting out of bed and dressing in your own home as a civil right."A spokesman said President Obama continues to support efforts to help people with disabilities move out of nursing homes. About one in five nursing home residents responding to a survey by the Centers for Medicare and Medicaid Services indicated they would prefer to live in their communities. That translates to 270,000 of the nation's 1.35 million nursing home residents.Demand for community services is likely to mushroom in coming decades. Improvements in medical technology help more people survive serious injuries, but often with a disability. Baby boomers entering their retirement years are demanding alternatives to nursing homes. "If you can't hear the thunderstorm coming, you're not listening," said disability advocate Mark Johnson of Atlanta. Living at home "is what people would want for themselves and their families."THOUSANDS WAITINGThat was the motive for the Olmstead case — named for defendant Tommy Olmstead, Georgia's human services commissioner when the case was brought by two mentally disabled women, Elaine Wilson and Lois Curtis. They said they were segregated unnecessarily in a state hospital, and that with proper support, they could live at home.The Supreme Court ruled that funding services for Medicaid recipients only in institutions violated the Americans with Disabilities Act.The decision touched off a wave of hope. The U.S. Department of Health and Human Services recommended that state Medicaid directors draft plans for helping people who wanted to move out of institutions. Twenty-nine states produced plans, but few resulted in actual changes. Many are now out of date.Nationally in 2007, more than 331,000 people were on waiting lists for community services. About two-thirds have developmental disabilities, and the rest have other disabilities or are elderly.In Missouri, where about 48,000 people live in institutions, including nursing homes, about 45 percent of the state's Medicaid long-term spending goes to home services. About 4,000 people are on a waiting list for community services — most are developmentally disabled people, some who do not live in institutions.In Illinois, which has at least 97,000 people in nursing homes and other institutions, about 30 percent of Medicaid long-term spending goes to community services. Disability activists in that state worry that the current budget shortfall may force more people into institutions.Disability advocates blame the slow progress on opposition from the multibillion-dollar nursing home industry and from unions that represent state institution workers. Also, many states have been unwilling to alter budget structures that favor institutions.The American Federation of State, County and Municipal Employees has declined requests by disability groups to endorse the Community Choice Act, which it worries could cost the union's members jobs. The American Health Care Association has never taken an official position on the act, said Susan Feeney, a spokeswoman for the organization representing the nursing home industry. "We do support the ability for individuals with disabilities to receive the care they need in the most integrated setting." But industry groups have opposed measures to make community services mandatory, saying they could jeopardize funding for people who need nursing home services."It's difficult to bring about a cultural change," said Stephen Gold, a Philadelphia lawyer who has handled dozens of lawsuits for people seeking to move out of institutions. "It's like a big ship, and we're slowly turning it."More than 140 lawsuits have been brought across the country. While many led to individuals leaving institutions, they haven't always changed state Medicaid programs.Missouri was among the first states to allow Medicaid funding to follow a resident who leaves a nursing home. Federal grants and pilot efforts have encouraged similar policies.Two obstacles tend to stand in the way of people like Ping: They cannot get or find the services they would need at home, such as an attendant to help them get out of bed, dress or bathe. And they cannot find affordable, accessible housing, which is in short supply.In St. Louis, the waiting list for low-income housing vouchers is "closed indefinitely." And housing options in other Missouri cities can be hard to come by. Peter Lloyd of St. Charles knows how much harder it is to move out of a nursing home than into one. He landed there after being hospitalized by an infection and spent more than a year arranging for services so he could move to his own apartment. "I needed to be around younger people in the same situation," said the 44-year-old Lloyd, who has cerebral palsy. "None of the activities are geared for people my age. How many times a week can you play bingo?" After months of paperwork and phone calls, he got an apartment through the St. Charles County Housing Authority. He also got funding for an aide to help him wash, dress and cook.Seven years later, Lloyd is really on his own. He no longer needs a personal attendant. He drives a van, adapted for his power scooter, to St. Charles Community College, where he is pursuing a degree in English. On the weekends, Lloyd drives to Chesterfield, where he works for a computer help desk.But the chances of making a transition like Lloyd's vary widely from state to state.In Tennessee, only 1 percent of Medicaid long-term funds for disabled and elderly adults went to community services in 2007. By contrast, Arizona spends 64 percent of Medicaid long-term care money on community services. DEBATING COSTSDisability advocates argue that real progress won't come until more is done to keep people at home. They have pinned their hopes on the Community Choice Act.Similar bills have come before Congress for at least a decade. As a senator, Obama cosponsored the bill in 2007.But for now, long-term care is not part of his health care reforms. White House officials cited cost as the reason in a meeting with disability advocates in April.Obama's staff wouldn't say what his current position is on making community programs mandatory. The White House website had said Obama would support the Community Choice Act. Recently, the site was changed to say he would "build on existing efforts to encourage states to shift more of their services away from institutions."Disability advocates say that letting more people have services at home will save money, one of Obama's goals in health care reform. The average annual cost of a nursing home nationally is about $75,000, according to a recent study by AARP. Community services that allow people to remain at home are about $23,000 a year, according to an analysis of Medicaid data by the Center for Personal Assistance Services at the University of California, San Francisco. Critics warn that even if costs are lower in individual cases, overall costs will rise because more people with disabilities will request services if they are available.In Texas, where 18,000 people have moved from nursing homes since 2001, officials say they have seen the savings firsthand. "It certainly does not cost more," said Marc Gold, a state official who directs the Texas Promoting Independence Program.Chris Hilderbrant, of the Center for Disability Rights, said Obama and congressional leaders are missing an opportunity to fix a long-standing injustice. Once again, people with disabilities are left on the sidelines, he said. "We're going to get to you later," Hilderbrant said, "means we're going to get to you never." In St. Louis, Melody Ping is still waiting in a nursing home, longing for a return to apartment life, where she likely will need an attendant to help her."I'm used to making my own choices," Ping said. "Here, they tell you when to get up and when to eat."



ProPublica is an independent, nonprofit newsroom that produces investigative journalism in the public interest.

LaFleur's e-mail address is jennifer.lafleur@propublica.org.

Trials begin for 4 charged in fight club

By CHRISTOPHER SHERMAN Associated Press Writer © 2009 The Associated Press

July 5, 2009, 8:26AM

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McALLEN, Texas — This week jurors in Corpus Christi are expected to watch the graphic abuse of the developmentally disabled on grainy cellphone videos showing the state's most vulnerable wards forced to fight each other for the entertainment of those responsible for protecting them.

Four former employees of the Corpus Christi State School go on trial Monday for their roles in the orchestrated, late-night "fight club" uncovered in March after the disturbing images were found on a lost cellphone.

For the state, the case tears open a subject it has been at pains to close.

At the end of May, the Legislature gave final approval to a $112 million settlement with the U.S. Department of Justice for widespread mistreatment found at the state's 13 residential facilities for the developmentally disabled. As part of the settlement the state plans to hire 1,000 more staff for the facilities. The agency's civil rights investigation found at least 53 deaths from September 2007 to September 2008 stemming from what it considered preventable conditions.

Last month Gov. Rick Perry signed legislation aimed at improving oversight of the facilities that house nearly 5,000 Texans, including installation of video cameras in common areas. It also changed the facilities' name to State Supported Living Centers. And nearly two weeks later, Adelaide "Addie" Horn, head of the agency charged with overseeing the state schools announced she would retire in August.

Laura Albrecht, a spokeswoman for the Department of Aging and Disability Services, said the agency continues making unannounced visits to the Corpus Christi facility and cameras are being installed. She said the settlement with the Justice Department was "a big step that will certainly bring improvements and changes to the system."

But Monday, jurors will meet Timothy Dixon, 30, D'Angelo Riley, 23, and Jesse Salazar, 25, all charged with multiple counts of causing bodily injury to a disabled person. In a separate courtroom, Stephanie Garza, 21, will face a lesser charge of not intervening to stop the fights. Two other former employees are scheduled for trial later this year.

"These people did horrific things," said Jeff Garrison-Tate, of the advocacy group Community Now!, which has called for the closure of the state schools in favor of community-based services. "But they were given silent permission for these heinous acts."

"They need to send a message to all the other state employees in there that they're accountable," he said.

District Attorney Carlos Valdez did not return calls for comment. Defense attorneys for the accused declined to comment, citing Judge Sandra Watts' request that they not speak to the media.

In March, Corpus Christi Police announced that arrests were imminent in what they described as a "fight club" case at the Corpus Christi State School. Nearly 20 videos, dating back to 2007, found on a cellphone turned in to police showed school staff forcing residents into late-night bouts, even kicking to egg them on. Eleven staff members were identified in the videos and six, who were present in videos where investigators believe an injury occurred, were charged.

Dixon is believed to have shot the videos, though other staff members can been seen pointing cellphone cameras toward the brawls. None of those charged still works at the facility, which housed about 340 residents.

At the time, Horn called the fights "unconscionable" and the initial cause appeared to be a lack of supervision on the overnight shift. Guards to provide around-the-clock security were hired and trained. Perry sent his chief of staff Jay Kimbrough to investigate.

Since then, a lawyer representing residents who were involved in the fights has filed sued the state.

There were 229 confirmed allegations of abuse or neglect at the Corpus Christi State School between fiscal year 2004 and fiscal 2008, according to the Texas Department of Family and Protective Services. The agency investigated 5,443 allegations of abuse and neglect at the school during that five-year period.

The school's director remains in place to the consternation of some who say that even if director Iva Benson did not know about the fights, the incidents showed a disturbing lack of supervision.

"They (those charged) were probably the ones instigating the fight clubs, but my concern is how can you have it going on as long as it did without the administration knowing about it?" said Beth Mitchell, the managing lawyer for Advocacy Inc., a non-profit with federal authority to monitor abuse and neglect at the facilities. "Why aren't they being held accountable for not properly supervising their schools?"

Judge may keep key videos out of Texas fight case

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By CHRISTOPHER SHERMAN
Associated Press Writer

CORPUS CHRISTI, Texas — A judge said Monday that she planned to keep a cell phone containing videos of orchestrated fights at a Texas facility for the mentally disabled out of evidence unless prosecutors find case law to change her mind.

District Judge Sandra Watts said she would likely grant a motion by a former employee at the Corpus Christi State School to suppress the evidence because it was essentially stolen property.

In March, almost 20 videos dating to 2007 were discovered on the cell phone that was found at a store and later turned in to police. The videos showed staff at the school forcing residents into late-night bouts, even kicking them to egg them on.

The videos of what police termed a "fight club" would have been prosecutors' most powerful evidence of the abuse. Losing that could make prosecutors' agreement giving another former school employee immunity in exchange for her testimony all the more important.

Eleven staff members were identified in the videos and six were charged. None of those charged still works at the school.

Former employee Timothy Dixon, 30, is believed to have shot the videos and is charged with multiple counts of causing bodily injury to a disabled person. His defense asked that the phone be suppressed.

At this point, Watts' decision would only apply to Dixon because it was his phone, she said. It could theoretically be used in the trials of the other defendants, though similar motions to suppress were expected.

Earlier Monday, David Herrera, who found the phone at a clothing store, testified that he picked it up thinking it was an iPod digital music player. Only after taking it home and finding the videos did he decide to offer it to two television stations. When they both passed on it, Herrera's girlfriend Linda Franco took it to an off-duty police officer, Herrera said.

Corpus Christi Police Officer Greg Shipley testified that Franco, an employee at the hospital where he worked contract security, showed him three videos on the phone.

In one, someone who appeared to be a janitor or staff member was assaulting a patient, Shipley said. On another, a staff member appeared to be squirting shampoo or some other substance onto the heads of patients while they were sleeping, he said.

Prosecutor Doug Mann had compared the phone to a $10 bill found on the sidewalk, arguing that the phone was abandoned and that while it was not initially taken to police, once Herrera saw what was on it, he tried to act.

Later, Watts called Herrera's testimony "extremely devastating to the state."

Mann declined to comment after Watts announced her inclination to suppress the cell phone.

Stephanie Garza, 21, was charged with a lesser crime for failing to intervene in the fights. Judge Jose Longoria, who was assigned her case, refused to transfer it to Watts and also refused to approve her immunity deal with prosecutors. Longoria said that the state could prove its case without giving immunity to someone criminally charged.

Longoria's order will go to an appeals court, where the state hopes to force Longoria to drop the case against Garza. The state obtained a stay on her case.

Ken Botary, Garza's attorney, said his client still had an immunity agreement with the district attorney that would be broken only if she refused to testify in the other cases.

Prosecutors also reached a plea agreement with defendant D'Angelo Riley, 23, another former employee. Riley pleaded guilty to three counts of causing injury to a disabled person, a third-degree felony. Riley's attorney Ray Gonzalez said he hoped to schedule Riley's sentencing for later this week.

The trial of another defendant, Jesse Salazar, was delayed until August.