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ARC calls for Beatrice center to close

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By NANCY HICKS / Lincoln Journal Star

Tuesday, Oct 10, 2006 - 12:14:08 am CDT

A statewide advocacy group is calling for the closing of the Beatrice State Developmental Center and the resignation of all top state Health and Human Services System leaders.

The ARC of Nebraska’s call for action is a response to problems at the center discovered during a recent federal inspection, including the potential abuse of restraints and mishandling of abuse and neglect cases.

The state has until Oct. 26 to correct the deficiencies.

Gov. Dave Heineman said Monday he sees no reason to close the center, which has the support of relatives and the local community.

And he won’t consider calling for the resignation of Health and Human Services leadership, a suggestion he called an “overreaction.”

“The governor has shown his willingness to make changes where appropriate,” said Aaron Sanderford, a spokesman for Heineman. “And we will continue to evaluate the situation.”

Patty Smith, president of the ARC of Nebraska, said the state needs a plan to move people now from the center to local communities, and to close the institution in perhaps one or two years.

There are eight states — and the District of Columbia — without any institutions for people with mental retardation. And nine more are moving in that direction, she said.

The ARC,  a support and advocacy organization for people with developmental disabilities and their families, supports de-institutionalization — or the care of people in home communities and not in larger state institutions.

But the governor believes the center — serving about 370 people, mostly adults — provides an important service for  families.

“The facility has the overwhelming support of the families and the community. We see no reason to change on that point,” Sanderford said.

The ARC of Nebraska was part of a lawsuit in the 1970s that led to most people with mental retardation getting placed in community programs.

But another group of parents with adult children in the center opposed its closing.

A settlement allowed the state to maintain the Beatrice center.

Today, the center serves fewer than 400 people, while about 4,000 receive services through community programs. They generally live in apartments, group homes or their own homes.

The settlement gave parents and guardians a choice, said Health and Human Services spokeswoman Kathie Osterman.

“We believe that BSDC plays a valuable role and has the support of family and friends of people who receive those services,” she said.

The ARC of Nebraska also asked the governor to set up an advisory group  independent of the Health and Human Services System — to monitor all programs serving people with developmental disabilities. 

Its news release pointed to the recent closing of Transfiguration, a Lincoln company that provided care to about 130 people in Lincoln and Omaha.  

The company collapsed financially, even though state regulations require annual fiscal audits to ensure financial stability, the news release points out.

The state has a developmental disability advisory committee, and Health and Human Services leaders have asked that group to appoint an ad hoc subcommittee to work with the administration and staff on the Beatrice issues, Osterman said. 

“Changes are under way, and we are putting a plan in place so we can monitor the situation long term,” she said.

Reach Nancy Hicks at 473-7250 or nhicks@journalstar.com.

ARC of Nebraska recommends:

* Close Beatrice State Developmental Center and move clients to local community programs.

* Resignations from HHSS leaders, including members of policy cabinet — Christine Peterson, Dr. Joann Schaefer and Dick Nelson — and Rene Ferdinand, administrator of the Developmental Disabilities System.  

* Create independent oversight commission for needs of people with developmental disabilities.


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Concerned Citizen wrote on October 10, 2006 7:18 am:
" I have a better idea and that is the GOvernor resigns! He is clueless and far from being a true leader. He has never sat foot in the Beatrice Center and I agree some of his department heads are running amuck. Look what is going on in the State Patrol for an example. "

Mary Angus wrote on October 10, 2006 9:13 am:
" The pervasiveness of neglect and abuse in Nebraska's institutions, as evidenced by recent events, is intolerable. It must stop now. There should be widespread outrage. I support The Arc. 'nuff said "

Jan wrote on October 10, 2006 9:29 am:
" I agree. Heineman is not a leader. He has no clue. "

no clue wrote on October 10, 2006 10:50 am:
" You people have no clue as to the individuals served at BSDC. Have you ever been there? Have you ever worked with the types of individuals being placed there? Yea, let's close it & we'll see to it that the violent ones move in right next door to you!!! I know who you are Mary Angus! For once I support Heineman! "

Wp wrote on October 10, 2006 11:14 am:
" One of the many reasons not to vote for Heineman. He hasn't figured out which way the wind is blowing yet!! With the governor and state leadership I don't see why we all aren't at BSDC. I lived a happy life in another state, since moving back, its been stress, stress,stress from tax tax tax. Happiness in this state is NIL. "

win/lose wrote on October 10, 2006 12:02 pm:
" People of the ARC need to actually work with individuals with these disabilities before they pass judgement on institutions. The Federal government survey teams also need that experience. As I recall there have been numerous incidents of sexual abuse, neglect, and violence toward community members from persons living in group homes. Obviously there will be some changes but things aren't as bad as the paper makes them look!It's the individuals who will lose their homes, a place where they are safe and comfortable. "

IDEA>>> wrote on October 10, 2006 12:06 pm:
" Here is an idea why doesn't arc help this facility in securing a grant to pay for more staff at facilities like this or other community based programs. Rather then push to create a "commission" that will only pull money away from care and send it to administrative costs paying people sitting at desks. Better yet why not help get volunteers to expand the program. More people who care in any program like this be it paid staff or volunteers helps to enrich their lives. It is great to have thease "

jdoe wrote on October 10, 2006 12:15 pm:
" Sorry,but people who put down the governor are just sad. I agree with the governor and will back him a 100% . The governor has one of the hardest job there is and I will support his decsions and I hope you people out thier vote for him. We need him for governor.... "

Get the Facts wrote on October 10, 2006 12:48 pm:
" Funny how everything that happens this time of year is turned into a political agenda. What's really sad is a fair share of those who "spout off" fail to get the facts before so doing. Has anyone in the general public seen the full federal report, more importantly have the individuals who wrote this and preceeding articles seen the full federal report? Things are not always what they seem. Pay attention to what "no clue" wrote. Unless you have been there or have seen the full report, how can you pass judgement? "

se wrote on October 10, 2006 1:06 pm:
" The ARC of Nebraska wants the clients at BSDC to have a voice in their decisions and a better life, but some of these individuals are not capable of making such decisions and are very dependent on BSDC. Have you ever witnessed the outbursts from the clients?? They are mentally disabled and can't control these outbursts. Where are you going to find willing communities to place 300+ individuals? I can already imagine the number of home owners who won't want the group homes in their neighborhoods. Will the care in smaller group homes be any better than the care they currently receive?? Perhaps there are some issues that need addressing at BSDC, I won't argue that, but closing it down won't solve anything. Abuse can happen in small group homes as well as large institutions. "

deja vu wrote on October 10, 2006 1:42 pm:
" Blind loyalty to the governor is not admirable, it's frightening. He's hardly a deity. He allowed the some of the most vulnerable of his constituents who count on him for protection to live in substandard conditions in a state care facility in Beatrice. Since it was the second state care facility to be declared substandard by federal inspectors in the past three years he certainly had ample indication that there was a problem that needed careful watching, yet he did nothing. Now, when federal inspectors have judged Beatrice deficient in every way imaginable, his inexplicably lame response is that nobody in leadership was responsible! Amazing. It won't matter, of course, because most of the rest of Nebraska will follow the mindless "I will support his decisions" pledge of mediocrity and vote for him no matter what. Fascinating state, Nebraska. So much misplaced faith. Hahn offers up interesting, needed ideas to benefit the people of the state, not just elites and corporations, yet he's getting killed in the polls by a public that seldom cites any specific evidence to support why it insists on voting for Heineman. One gets the feeling that the state seems as comfortably mediocre as usual with Heineman, so the citizens are just voting for that familiar feeling. Why so complacent? "

moethedog wrote on October 10, 2006 4:19 pm:
" The Arc is made up of parents,sisters, brothers - families of persons with developmental disabilities. So, yes, "they" have seen the conditions, yes "they" have been there, yes "they" have lived the life of caring for and loving a person with behavior problems.Does that mean that a person with behavioral issues doesn't have the right to have his/her own home? Their own neighborhood? Near their own family? Rape, physical and mental abuse - not as bad as it seems? It appears there is a lack of training of staff and lack of management. Yes, I would guess The Arc would gladly assist in getting BSDC back in order. But again, don't those residents have the right to enjoy life other than in an institution? Who will answer if not the persons in charge? "

fed up with ignorance wrote on October 10, 2006 6:25 pm:
" First of all to those people of Arc, Mary Angus, and the others who seem to be so ignorant to say that the closing of BSDC would be best for the individuals. Obviously, you have not spent enough time with the individuals at BSDC or really asked most of them what or how they feel. Has it ever occured to any of you that yes, it may be best for some of these individuals to live in the community but for many of them their "home" is BSDC. They have lived there for years and have their family there. As several of the staff have worked with them for decades. Some of them have more of an independent life at BSDC and are able to go and get their hair cut on their own, or go and get a pop by themselves where as in a community they wouldn't be able to because of limitations. Yes, it may be best for one person to live in the community but that doesn't mean that ALL of them want to live in the community. Do you know how many people have lived in the same place for years and then are taken out of that situation only to pass away less than a year later. Don't tell me that ALL of them want to move! BSDC is for many of them a home that they love so don't tell me that some of these people that I have cared for over a decade are better off without me and others who love them and know them best. How dare you be so ignorant! I invite you not only to come out to BSDC for a day or two but come work there for awhile and see if you'll say the same thing after working with them for a year or so! "

Jon H. wrote on October 10, 2006 8:01 pm:
" The people at ARC of Nebraska are flying off the handle without a basic understanding of what is actually going on at the facility. I have worked there for three years now. Do you think I would work where abuse towards residents was routine? The "facts" being touted by the media are either grossly misrepresented or blown out of proportion. The "misuse" of restraints people are talking about is referring to the fact that we were cited for injuries related the use of restraint (Immediate Jeopardy #3). Persons placed in restraints are not being placed in restraint because they swore. Do the math. Injuries *will* happen. We were also cited for an incident where a "rape" occurred. Policy dictates that all sexual contact between residents cannot be consentual, and therefore must be handled as a rape (Immediate Jeopardy #1). The event would not have happened had staff been doing their job. You got us there. But please don't go running around brandishing the isolated event like it is your empirical evidence that the facility must be shut down. You just look like a ill-informed zealot for doing so. The third Immediate Jeopardy (#2) stated that the facility was not thorough in its investigations of all injuries (known or unknown origins). This pretty much arose from a previous audit where we were cited for having too many unknown injuries. Policies were adjusted to allow for reasonable "Maybe this could have happened" sessions before a report was filed. Now the pendulum is swinging the other way. The whole reason this fiasco even came about is because we are getting more and more residents that are not really DD, but are instead MI. This is the fault of your government. They are continually eroding what community based and psychiatric care facilities we do have. The ARC of Nebraska should be up in arms about that, but I have yet to see a public statement from them condemning that issue. The facility is being forced to adapt to a role of a forensic facility, but we aren't being given supports to ensure that we are doing so. Our staffing across the board has been slashed due to budget concerns. Staff are expected to take on more duties without a support system to compensate for the change in responsibilities. Morale is at an all-time low and nobody cares. I would like to know just what the ARC plans on doing with residents like the ones I take care of who are profoundly disabled, fed via g-tube, and whose skills are extremely limited. I have a suspicion that their solution would be to throw them in a nursing home to rot. Rape, physical and mental abuse - not as bad as it seems? It actually isn't as bad as it seems. Come on down and spend a day in my shoes . . . if you've got the courage to quit being armchair quarterbacks. "

citizenatlarge wrote on October 10, 2006 8:38 pm:
" Might I remind you, that you,the community have deemed many residents that currently reside at BSDC a threat to society and many steps to insure that the community is protected from the many serious sex offenders, rapists, homicidal individuals, firestarters, violent individuals that no court system will ajudicate due to their diagnosis of MR/DD. Sure, there are individuals that could go to nursing homes and at the first sign of behaviors be immediately drugged to oblivion. (Which BSDC does not use medication freely) There are others which could live in a group home with 24/7 watching (with staff being paid $5.15 per hour with no experience that you don't take a sex offender to a skating park during prime children hours-Just like the MR person who lived in a group home who lured the child from Lincoln into his bedroom and stabbed him. And who wouldn't have a few cuts and bruises when one of the individuals stabs someone with a knife or fork only to have it wrestled out of their hands to save another peers life. Many staff who worked out there have taken serious violence against them- bites that rip 3 inch diameter sections out of their arms, fingers about bitten off, hair ripped out of their heads with scalp still attached, knives stuck in their arms,black eyes, dislocated body parts, bruises and all they can do is ask the individuals to please stop and try to redirect them. BSDC is providing a great service to the community and the staff and administrators are keeping you the public safe by teaching the individuals how to act in the community or in their own home then placed when deemed safe. They have many inclusionary activities with the Beatrice community that has opened their hearts to the many BSDC individuals that patron the community in the form of going to the movies, out to eat, shopping, camping, parades, football games, helping the victims of Hallam clean up after the Tornadoes, helping at the humane society, being involved in Special Olympics, jobs, and many other wonderful things. So, if you really think putting the individuals living at BSDC out in the community(many that the guardians and their parents brought them to BSDC for care, quality of life and safekeeping) will help, I am sure you will be the first to donate land and 46 million dollars to make sure these people live in the finest of homes with staff being continually trained and paying them $15.00 per hour to take care of them, then go for it. Otherwise get the facts of the Fed Report (to which was severly and negligently wrong and many of the fed facts were not even based on data or long term trends but one freaky thing happening that never has happened before), get educated, then think about your irrational decisions. "

Patty Smith wrote on October 10, 2006 9:06 pm:
" I am saddened that one more time the Governor accepted unilateral decisions proposed by his staff. Our office contacted HHSS early last week, and before any meetings or discussions could take place, we were informed of some of the decisions articulated in your article. The Governor took no time to review the situation we are faced with, only a fast move was made to take members of the standing Developmental Disabilities Advisory Council and build a new committee from there. Was this advisory body informed of the extreme problems within BSDC prior to the CMS review? What information is the Governor relying on? The Governor continues to rely on the opinion of some families of those who live in the institution. But what about the families of those who have been abused or witnessed abuse? Members of the Beatrice community have a vested interest in supporting the institution since BSDC is one of the largest employers in Beatrice. We all support jobs, and opportunities but never at the expense of the health, wellbeing, rights or dignity of our fellow citizens. Do not forget that community based services with qualified staff can be made available within Beatrice. The Arc is calling for the de-institutionalization of the state-owned institution. We are calling for greater ranges of options and supports for people with disabilities within the community for people with disabilities. The State of Nebraska has failed in the administration of BSDC and resident care. The Governor rejected our call for resignations. The Acting Director of Services is responsible for the overall operation of services to people with disabilities. The Finance Director is responsible for the funding of the program and taking advantage of available funds from the Federal Government. An example would be to apply for a portion of the $7.5 billion allowed by the Federal Government to support Money Follows the Person concept. We still don't know if the director is going to take advantage of this offering from Washington. The Director of Regulations and Licensure is responsible for reviewing and certifying the institution. Indeed, their office found problems in the summer and at a later point, some weeks later, removed the citation. The final position is that of the Director of Developmental Disabilities who has direct responsibility for BSDC and community based supports. Governor Heineman, the paragraph above, at least, calls into question the job performance of your leaders. We also have grave concerns for our elder veterans who reside in the Omaha Veterans Home. We cannot and must not continue to do the same things over and over and expect different results. Not all information is currently available. But, we’ve learned enough to know that we have ignored the needs of our most vulnerable Nebraskans. It is time for vast changes so we do not lie awake at night and wonder what may be happening now. "

Think of them! wrote on October 10, 2006 10:27 pm:
" Really, until you work out at BSDC everyday for awhile and know first hand how these clients are treated and how much they are loved.........BACK OFF! Yes, as the ARC said these clients deserve choices. Some of them can't tell you their choices but ask many of the family members and guardians who KNOW them and know what they want through their expressions and gestures and most of them will tell you that they LIKE their home. It may be a state institution to you guys but it is a HOME to them! Stop thinking of yourselves and how you sound all glorious saying that you are giving them choices by shutting down all institutions and think of them for a change. To most of them it is the only home that they've ever known. How dare you try to take that from them. Do you really care for them??? You must not! "