2002 Haseeb Chishty, a resident of Denton State School with developmental disabilities but no physical issues, is beaten so badly by staff that he is now nearly paralyzed, is confined to a wheelchair, and is unable to eat by mouth.
2005 US Department of Justice begins investigating the Lubbock State School.
2006 DOJ issues report savaging the Department of Aging and Disability Services and the Lubbock State School.
2008 DADS finally allows the Chishty family to bring their son home. New federal report reveals 53 medically preventable deaths in DADS facilities in the previous year.
2009 House passes Senate Bill 643, reforming the state school system, and House Concurrent Resolution 22, allowing the Chishtys to sue DSS, DADS, and the State of Texas.
So what took so long? SB 643 sponsor Rep. Patrick Rose, D-Dripping Springs, explained, “This population is uniquely susceptible to abuse and neglect. I think the state has done a poor job of ensuring that systems are in place to protect these individuals.”
The reforms in SB 643 are extensive, and Rose admitted that he’ll have to get used to saying “state supported living centers” rather than the misleading “state schools.” That’s probably the smallest change here. The agency gets a dedicated assistant commissioner for residential facilities, plus a new office of independent ombudsman for anonymous reporting of abuses. They’ll both spearhead what lawmakers hope is a new era of oversight and resident protection, with biennial inspections and audits, increase staff training and refresher courses, and proper compliance with Federal law.
Importantly, Rose added, with an end to self-inspection in private facilities, residents “will no longer have [allegations] investigated by the people who commit the abuse.”
Rose said he was “pleased that the House version extends greater accountability to the community settings, while also making great strides in the state school settings, to make sure that abuse, neglect and exploitation are investigated thoroughly, promptly, and proactively prevented.” Staffing levels are being dealt with separately, with $50 million extra for hiring and retention.
However, anyone with any experience of such case work knows that false or accidental accusations against staff are a risk. Rose sought to allay worker fears of being sacked or suspended on false grounds. “They’ll continue to have the ‘for just cause’ protections they enjoy today,” he said, “but I contend that concern has to be balanced against the concern of evidence of abuse has to be reported in a timely way, and I don’t think we’re doing that.”
This article appears in May 15 • 2009.
