Nebraska parents want oversight of developmental disability center after deaths; Governor says it should remain open

From The AP. The Governor of Nebraska wants the center to stay open.

LINCOLN, Neb. -- Tina Manes is sure her 18-year-old daughter died because she was neglected at the troubled Beatrice State Developmental Center, and she wants state lawmakers to help prevent more tragedies.

"There's not anyone out there overseeing what needs to be done," Manes told a legislative committee on Feb. 9, crying as she testified for the need for more oversight.

Manes wasn't alone. Other parents and family members, along with current and former staff of the center, said they've lost confidence in management of the center for developmentally disabled people and cried out for lawmakers to continue providing oversight.

Federal investigators have cited hundreds of cases of alleged abuse and neglect at the state-run center. And, 45 residents were recently moved to hospitals after Olivia Manes' death prompted the state's chief medical officer to declare the center unsafe for "medically fragile" residents.

Last year, the Legislature formed a special committee to investigate problems at the center, now home to about 200 people. It released a scathing report that criticized the state's strategy for getting back in the good graces of the federal government, which decertified the center and decided to yank its $29 million in annual federal funding. The state appealed those decisions, but is expected to lose later this year in light of the recent decision by the chief medical officer that it's too dangerous for some residents.

Under the measure (LR11) considered and advanced to the full Legislature on Monday, the legislative committee would continue to provide oversight of the center. It's work officially ended with the release of its report in December.

"We need legislative oversight because the lives of people at BSDC are at stake," said Sen. Steve Lathrop of Omaha. He introduced the measure calling for reconstitution of the committee, which he chaired last year.

Said Joan O'Meara, whose daughter lived at the center for 45 years before being moved to a hospital after the chief medical officer's order: "We really have to buckle down and get people in there that know what they're doing."

A national search for a new CEO is currently under way. On Monday, Claire Mahon of Flemington, N.J., was named interim CEO, starting Feb. 16.

A "cultural change" is needed at the center along with new leadership, Gov. Dave Heineman said during an interview Monday with KLKN-TV in Lincoln.

He has not ruled out shutting down the center, but has said he preferred it stay open. He stressed the latter on Monday, saying "there is a role for BSDC."

One issue the committee is expected to research -- if the Legislature decides it should continue its work -- is whether, and how, current residents could be moved to community-based programs. State officials have said they want to help expand those programs so they can safely handle more people. Critics say there is a limit to what can be done.

Robert Campbell, who works at the center, told the legislative committee on Monday that some of the residents of the center would be in prison
if not for their medical prognoses.

"There are people out there you can't put in these programs," Campbell said. "You're putting the public at risk, you're putting them at risk."

The decision last week to move fragile residents was prompted by a state investigatory report that revealed questionable treatment of Manes when she had a seizure on Jan. 15. Center staffers waited 15 minutes before seeking medical help, weren't aware of her medical history and were not all trained to handle seizures -- even though 17 of the 18 residents in the unit had a history of them -- according to the state investigatory report.

Not all staff were aware of the facility's procedures on handling an emergency, and the nurse who finally arrived broke off a syringe needle in one of Manes' legs when trying to provide medicine, then she left to get more medicine.

After properly administering it, the nurse reportedly left the other staffers with no instructions on how to care for the person.

Manes died about three hours after her seizure began.

Tina Manes and her husband have complimented rank-and-file staff of the center for providing their daughter with good care over the years, but say management has failed.

"My daughter died because there was not an emergency response system," she said.

The transfer of some residents to hospitals was criticized by some who encouraged lawmakers to continue providing oversight of the center. Many of the residents, they say, thrive on routine and have been rattled by the move.

They also questioned whether hospitals are equipped to provide them with the rehabilitative services they got at the Beatrice center.

If the proposal is approved by the full Legislature, the committee could exist for the next two years.