U.S. Justice Dept. report: Texas not protecting developmentally disabled people in state facilities

From the Houston Chronicle:

AUSTIN — Texas is failing to protect developmentally disabled residents from abuse and neglect at all 13 state-operated facilities, a U.S. Justice Department investigation has found.

Problems that federal investigators identified several years ago at the Lubbock State School are systemwide, the department said in a letter to Gov. Rick Perry released Dec. 2.

"Unfortunately our current findings indicate that serious problems and deficiencies in care similar to those found at Lubbock currently exist throughout the facilities," said Grace Chung Becker, acting assistant attorney general for the Justice Department's Civil Rights Division.

Those problems put nearly 5,000 residents with mental retardation and other disabilities living in 13 facilities at risk of harm. Lacking adequate behavioral services, residents are subject to unnecessary or inappropriate restraints. They suffer from poor medical care and are not being served in settings most integrated into the community as required by federal law.

The 62-page letter noted that more than 800 employees have been suspended or fired for abusing residents since 2004. It noted that many of the facilities' difficulties stem from high attrition rates and vacancies, especially for direct care staff and clinicians.

"Until the facilities can successfully retain, train and supervise their staff, they will face enormous difficulties in addressing the identified deficiencies," said Becker.

The findings will increase pressure on the Legislature to either improve conditions or close some of the institutions.

A House select committee has been studying the future of the state schools and is expected to report to the full House in coming weeks.

Cecilia Fedorov, a spokeswoman for the Texas Department of Aging and Disability Services, said the agency is in negotiations with the Justice Department to reach an agreement that could avoid litigation over conditions in the facilities.

"We are continuing and will continue to collaborate in good faith," she said.