Polk and White Haven – PA Hearings

How did we come to this decision and we didn’t ask the residents or the families – and they are first”  Senator Brooks

Find out more information regarding the importance of listening to the residents, their families, guardians, care givers, community members and legislators.  There are many quality testimonies which provide a variety of different aspect of the importance of these communities.

Public hearing on the Closures of the Polk and White Haven State Centers

PA Senate Helath and Human Services Committee

A Pennsylvania Senate Health and Human Services Committee held a public hearing to address the issues of civil rights violations imposed on individuals and their families who are residents of Polk and White Haven Centers.

Thank you to the members of the Senate Health and Human Services Committee for holding this meeting.  Our voices are being heard and we appreciate the understanding and questioning for accountability and transparency from the Department regarding the process they took in their decision to evict people from their homes.

“Real life matters”  Senator Brooks

Teresa Miller, Secretary, Department of Human Services

“We’re not going to rush this process, we’re going to do it right”

I suppose this could be evidenced by how they handled the problems from Blossom:

Tragic abandonment of residents in Blossom

“This is beyond tragic. This man did not have to die, ” said Kathy Sykes, former director of intellectual disability services in Philadelphia. “This is a colossal failure of responsibility to provide basic care and supervision, a colossal systemic failure to manage a transition, a breach of trust for those who were promised their sons and daughters would be cared for, let alone have an everyday life.”

Sherry Landis, CEO, The Arc of PA testified in favor of closure of two of the 4 state Intermediate Care Facilities (ICFs).  If people’s lives were not at stake, some of her comments and inconsistent attempts to answer questions could be comical.

When questioned how the non-profit that advocates for civil rights for folks can endorse saying all centers should be closed and hence taking away the civil rights of individuals and families who’ve made a decision that this is the best option for them, Ms. Landis answered that it has always been the mission of the Arc of PA to ensure the families and the individuals are included in the community.

“It has nothing to do with being a non-profit but it has everything to do with the people that are families and members of who we represent.  This is their desire, it’s not my desire Senator, it’s their desire ”

“They can’t be isolated if they are in a neighborhood”

Sherry Landis, CEO, The Arc of PA

Clearly, The Arc of PA does not represent the residents of Polk and White Haven Centers since it is not their desire to move – this is an action that is being imposed on them and violates their civil rights.

5:35.0 – 10:41 Dr. James Latronica

10:53 – 16:08  Celia Feinsten, Exec. Director, Temple Institute on Disabilities

16:20 – 19:50  Sherry Landis, CEO, The Arc of PA

19:59 – 29:14Carl Solano, Attorney, and Former Guardian

29:42 – 37:11 Gregory Smith, MS, President of White Haven Center Board of Trustees, Consultant and Behavioral and Health Care Services

40:10 – 43:37 Rep. James comments and question to doctor regarding healthcare outcomes and the response.

43:50  – 46:32  Senator Hutchinson questioning Sherry Landis, CEO, The Arc of PA

47:05 – 53:11  Senator Street asking question – Mr. Solano answered regarding previous situations with trying to find community homes. Senator Brooks asks follow up to Celia Feinsten and Sherry Landis

53:21 – 55:41  Rep Gerald Mullery questions trauma transfer – Dr. Latronica gives excellent answer

55:50 – 1:05:54 Rep Toohil has questions for panel regarding isolation in private settings –  Sherry Landis gives her response “to be isolated when living in neighborhood is difficult”

When questioned about the under trained staff and high turnover rate – a high rate which would mean the staff are not trained and experienced, Ms. Landis responded:

“under trained staff member?” I can’t answer for the providers – we’re not a provider but I can honestly say a provider is going to do an extremely good job and make sure their staff is trained if they are going to put the lives of their people in their hands? “

Senator Brooks wraps up with concerns regarding mortality rate and cherry picking data.

1:06.50  – 1:17.30 John Hirschauer, Fellow, National Review

1:17.40 – 1:26.30    Susan Jennings – Keeping Individuals with Intellectual Disabilities Safe (KIIDS)

1:26.45 – 1:27.19  Irene McCabe Says “Thank You” – sister of Polk resident

1:27.23  – 1:43.45    Hugh Dwyer, Exec Director, Voice of Reason (VOR)

  • 1:35.35 – 1:37.35- Appendix J for Federal Regulations and Group Homes are left up to the state.

1:43.38 – 1:47.50  Rep James has a question regarding Olmstead Act – answers provided by Hugo Dwyer, Susan Jennings and John Hirschauer

1:48.52 – 1:52.12  Bill Bailey, Psychological Support Specialist – Polk State Center

1:52.13 – 1:55.45  Maria Ferrey, Qualified Intellectual Disability Professional (QIDP),  Residential Services Supervisor, White Haven State Center

1:55.55  – 1:59.34  Darrin Spann, Assistant Director, AFSCME Council 13

1:59.42 – 2:01.38  Bill Hill, President AFSCME 2334 White Haven State Center,  impassioned speech about professional skills and community

2:01.50  – 2:04.36 Tammy Luce, Residential Service Aide, Polk State Center, President of AFSCME 1050

2:07.30  – 2:16.55 Randy Seitz, President/CEO Penn-Northwest Developmental Corporation – economic impact in the community if Polk Center closed

2:18.00 – 2:35.17 Teresa Miller, Secretary, Department of Human Services and Kristin Aherns, Deputy Secretary, Office of Developmental Programs

2:35.18 – 2:43.40 –  Senator John Yudichak  – questions Secretary Miller regarding community and closure, the department is taking the choice away from residents

2:46.46 – 2:53.27    Senator Lisa Baker questions the decision making process

2:53.35 – 2:56.55  Rep. R. Lee James – questions Teresa Miller, Secretary on resident choices

2:57.04  – 3:05.53   Rep.  Gerald Mullery – Criticism of decision is well deserved- report is due on November 1 to the Governor but the Secretary knows nothing about it or that data is even being collected.

3:05.54 -3:11.02  Senator Hutchinson questions Teresa Miller

I’m even more dismayed now about how this decision was made than I was when I walked in here.  Who made the decision? Senator Hutchinson

In closing,  do you think that it’s an accurate portrayal to talk about the declining populations at the state centers when admissions have virtually closed down?

Hit the Pause Button

Abuse and Neglect in the Hospital

I am beside myself with anger, frustration and helplessness regarding the situation with our friend, Kevin.
Kevin has not been “on hold” in the ER at PeaceHealth St. Joseph Medical Center in Bellingham, Washington since April 24, 2019 (for this episode)

PeaceHealth

Below are messages that I received from Kevin’s mom and legal guardian last night and this afternoon.  Kevin is a 26 year old young adult.  Kevin is autistic and is a vulnerable adult with a legal guardian.

“Cheryl, the hospital let Kevin leave the hospital and he was on scrubs and no shoes running down one of the busiest streets in town. He made it to the respite bed where he was a couple of weeks ago. He ran in the middle of cars for 2 miles. They called me and let me know he was there, the hospital called me after the respite bed told them he was there. He had blood blisters in his feet. Then they had the audacity to tell Tom (respite care administrator) that Kevin checked himself out of the hospital. The police came later and took him.

“The police took him back to the hospital and told the ER manager that Kevin is gravely disabled and should not be let go in streets like this.

I have asked for a DMHP assessment, but they are giving me the run around

He has blisters on his feet and sticks stuck in his skin – the doctor is supposed to see him sometime today.

They just called me and said they will let him leave again. I guess the DMHP assessment was not done because it was done when he first got to the ER.

It’s a never-ending mess.”

I went to the Bellingham police station and they said that when they drop him off at the ER they let the hospital know that he is a danger to himself and others and needs to be in involuntary confinement.  The hospital disagrees.  I hope he does not escape again tonight – it was a miracle that he didn’t get hit by a car yesterday.

This ongoing nightmare has been reported to the DD Ombudsman, Adult Protective Services, the Department of Health and Developmental Disabilities Administration yet no action is taking place and the hospital is continuing to neglect Kevin and put his life at risk.

As a mother, nurse and advocate I am totally appalled and sickened by the lack of attention and concern that these state agencies, which are there to provide protection and care and the hospital which is to provide safe, appropriate healthcare continue with this neglect.

This is more than insane – is anyone listening?  Does anyone have any solutions?

Kevin’s mother has requested over and over again to allow Kevin to return to Fircrest Residential Habilitation Center (one of our States’ Intermediate Care Facilities) but DDA has continued to refuse saying there are no beds.  If this is an entitlement and there is “no refusal” how can DDA say there are no beds?

Is the only choice to let the hospital and state agencies continue to neglect their duties until Kevin runs into the street and gets killed by a car?  Then what?

Susannah Frame – King 5 Investigator – Please read this and help!

 

Kevin – 34 days trapped, restrained, drugged and traumatized in a hospital

Why is traumatizing an autistic man allowed to happen?

How is Kevin going to heal from this abuse?

drug addiction

Kevin’s 33rd day in a hospital room. (Now it’s 34 days as of Feb 13, 2019)

The last 4 days Kevin has become increasingly desperate. The nursing staff at the Medical Care Unit where he is are such a great group of professionals. They have tried to keep him occupied, even taking him on wheel chair rides around the floor, but each day that passes he grows more restless. Kevin is a 5 year old (6’2” tall) that wants to go back to his safe/familiar room, surrounded by his things. He also wants to go for hikes, to the store, the movie theater, and the library. Now he is hitting himself in the stomach and legs with such force that his legs and abdomen are completely covered with purple and black bruises. This is the only way that he can deal with this overwhelming stress. He is limping because he hurt his left leg during the self-injuring actions that now are happening continuously throughout the day. Yesterday he became increasingly anxious with each passing hour, pleading for his “Bellingham house”. He began to scream, hit his room door and window and security was called. Kevin hit his RN and one of the security guard during the incident when they attempted to keep him safe in his room. Throughout the day he was heavily medicated with no success. At night, he managed to escape from his room and run downstairs to the hospital lobby and then outside where he was wrestled by security until Bellingham police arrived.
After he was guided back to his room by the police he was finally medicated with an IM injection of B52 (Benadryl/Haldol/Lorazepam). He has been asleep since then, in a way I feel this is better for him to stop his mental anguish and physical self-inflicted pain.

This situation is a disgrace, my child deserves better from our system. He will severely injure hospital staff or will be gravely injured by medication administration and/or being restrained.

Please contact legislator:
Sharon Showmake at 360 7867854
Luann Van Werner at 360 7867980
Doug Erickson at 360 7867682

Plead for my son to be able to go to a respite bed where he can have physical activity outside of his room, He is unable to comprehend what or why this is happening to him. He needs a less restrictive environment where he can feel free and safe.
please feel free to share!

Marcia Alspaugh

DD Ombudsman

Hopefully soon, Washington State will have a Developmental Disabilities Ombudsman.

This past year legislation was passed (thank you  Senator O’Ban,  the legislative champion for SB 6564, providing protections for the most vulnerable people from abuse and neglect) which will provide funds to develop The Office of Developmental Disabilities Ombudsman.

dd-ombudsman

There has been a great need for this type of oversight for all people with developmental disabilities but especially for those who live in an intermediate care facility (ICF).  While the Long-Term Care Ombudsman can help in situations for those who live in a skilled nursing facility, group home, assisted living or other long-term care facility, the Long-Term Care Ombudsman is not available to assist the residents in the ICF.

These residents have been without an adjudicator if concerns regarding their care  or other issue are not addressed appropriately.  This is especially true for those residents in a state operated ICF.  Without an independent authority to help mediate differences between the person and the state, these residents may not have had an objective investigation of their concerns.

Allegations of neglect and harm have been ignored or swept under the carpet by the state agency when conducting investigations of state facilities.  The DD Ombudsman will help prevent some of this injustice to our most vulnerable citizens.

I contacted the Department of Commerce last week to inquire into the development of the Office of the DD Ombudsman given that the bill was passed last legislative session.

Below is the response that I received from a spokesperson for the Disability Workgroup:

“A stakeholder meeting was held September 29th and written comments were accepted through October 15th.

I am currently drafting the solicitation to be released later in November. Evaluations of the bid responses will be in January 2017 and an announcement of the winning proposal probably in February 2017.

That organization will need to create the office, hire staff, train volunteers, etc. I anticipate them starting their ombuds duties sometime in the summer of 2017.

I hope this helps. Thanks for asking.”