Pages

Showing posts with label abuse and neglect. Show all posts
Showing posts with label abuse and neglect. Show all posts

Friday, September 25, 2009

Pennsylvania law to protect vulnerable adults stuck in legislature

Pennsylvania is one of five states lacking a law to protect adults with intellectual and developmental disabilities, according to this article. It tells the story of Michael Ferrara, 25, who cannot identify who abused him, but suffered injuries in a February 2008 assault while living in a group home.

Michael's doctor said that the injuries indicated Michael was "subjected to choking and trauma to the head, face and neck".

Because no charges were filed, the person responsible is free to continue to work with vulnerable adults since there is no protection under the law for those between 18 and 59 living in private residences.

Related: An Assessment of the Need for an Adult Protective Services Program (pdf)

Monday, August 24, 2009

DOJ report cites abuse at New York State juvenile detention centers

A nearly 2-year investigation by the Department of Justice into New York's juvenile residential centers may result in a takeover of the states youth detention system if problems are not addressed. The report revealed that "children at four juvenile detention centers were so severely abused by workers that it constituted a violation of their constitutional rights".

Workers at four locations routinely used physical force to restrain residents under 16 years of age against the rules, with serious resultant injuries such as broken teeth and bones, for infractions that were as minor as seeking an extra cookie, refusing to stop laughing and glaring at a staff member.

Officials at the centers also routinely failed to follow state rules requiring that instances in which force is used be reviewed after the fact. In some cases, the same staff member involved in an episode conducted the review. And even when a review determined that excessive force had been used, the staff members responsible sometimes faced no punishment.

The report also found that state officials failed to provide youths in detention with adequate counseling and mental health treatment, something the vast majority of residents require. Three-quarters of residents enter New York’s juvenile justice system with drug or alcohol problems, more than half have diagnosed psychological problems and a third have developmental disabilities, according to figures published by Office of Children and Family Services.


Wednesday, July 1, 2009

BBC reports "veterinary approach"used in Greek mental care facilities

A BBC reporter writes that twenty years after a scandal about care conditions in Greek mental care facilities, she witnessed patients tied up in a building in so much disrepair that it appeared to be abandoned.

Chloe Hadjimatheou went to the Women's Clinic at the Dromokraitio Psychiatric Hospital in Athens, which houses about 300 patients. When she saw wide leather straps and buckles next to the beds, the head nurse told her:


"We have to keep some patients tied at night to prevent them wandering around and waking the other patients," Head Nurse Maria Makraki explains.

Dr Astrinakis interrupts her: "Just like a dog you tie up to stop it wandering off… this could be considered the veterinary approach to psychiatry."

He points to buckets below the beds that act as make-shift toilets.

...

Nurse Makraki tells me that staff shortages mean that there are usually only two nurses caring for around 30 patients.

That is half of what is required to provide basic care.

Stella Galianos, a psychologist, estimates that in every clinic at Dromokraitio hospital there are around three to four people tied to their beds.

I ask her if the woman I saw could end up tied to her bed for years.

"Yes definitely."

And, although the Athina Residential Home was pointed out to the reporter as an example of reform, the staff there went unpaid for six months last year. In light of the issues, the European Union has told Greece that "if it does not come up with roadmap for psychiatric reform by next month, EU funding will be cut from social projects across the board."


Friday, May 22, 2009

Report: widespread abuse of Irish children in Catholic institutions

A 9 year report covering decades of abuse in Catholic institutions for children in Ireland, including reform schools and orphanages was released yesterday, reports the Christian Science Monitor. The abuse included beatings, rape and molestation.

The report found that sexual abuse was “endemic” in boys’ institutions, and throughout the system children were “frequently hungry” and “lived with the daily terror of not knowing where the next beating was coming from.” The investigation spanned incidents from the 1930s to the 1990s. Many of the institutions have since closed. The government has vowed to increase unannounced inspections of those still open.

The Wall Street Journal reports:


The Sisters of Mercy, one of the religious orders named in the report, offered an apology on its Web site to the people who "were hurt and damaged while in our care."

The report criticizes Ireland's Department of Education, which had legal responsibility for children in industrial and reformatory schools, for failing to stop the beatings and rapes. It says department officials were aware of abuse in schools, but the department's inspections were inadequate and it failed to exercise its "ample" legal powers, such as removing schools' managers.


This is beyond shameful. The descriptions of the systemic abuse turn one's stomach. Sadly, living in these conditions results in damage and hurt that can never be fully healed for the victims.

The report states that:

"Nevertheless, each instance of sexual abuse was treated in isolation and in secrecy by the authorities and there was no attempt to address the underlying systemic nature of the problem. There were no protocols or guidelines put in place that would have protected children from predatory behaviour. The management did not listen to or believe children when they complained of the activities of some of the men who had responsibility for their care. At best, the abusers were moved, but nothing was done about the harm done to the child. At worst, the child was blamed and seen as corrupted by the sexual activity, and was punished severely.

The Victim's Group has urged the Vatican to take action after the release of the report, including that the Vatican should "publicly rebuke the religious order that fought to keep abusers' names out of a damning report that details thousands of crimes against minors in Ireland."

There has been a call for a National Day of Repentance, according to the Irish Catholic newspaper, including a "a liturgy to be organised ''as an expression of sorrow to God for the clerical abuse of children''.

Wednesday, May 20, 2009

Domestic abuse and women with disabilities posters

Women's Aid has posters up featuring women with disabilities and domestic abuse issues. They address situations that can and do occur in situations where a spouse who is a caregiver abuses or neglects a woman with a disability, such as people thinking he is a saint for taking care of them and "are reluctant to criticize" or "think he could be doing these terrible things". Another poster addresses a husband taking a woman's money or failing to give her medication.

You can view the posters at the above link.

Thursday, April 23, 2009

Southern Poverty Law Center files suit against Mississippi children's detention center

The Southern Poverty Law Center has filed a federal lawsuit this week against Mississippi County to stop "shockingly inhumane" conditions for children at the Harrison County Juvenile Detention Center, which is run by a private company.

The suit was filed in the U.S. District Court for the Southern District of Mississippi on behalf of a 17-year-old boy who, despite attempting suicide while in the facility, has received no mental health treatment. He has been subjected to physical abuse and filthy conditions, and has been forced to sleep on the floor in an overcrowded, insect-infested cell.

Filthy conditions, assaults by guards and inadequate medical and mental health care are cited in the complaint.

Mississippi Protection and Advocacy Inc., a congressionally authorized nonprofit organization that enforces the civil rights of people with disabilities, is also a plaintiff in the suit. It is demanding access to the facility, to which it is entitled under federal law.

Tuesday, March 31, 2009

Mencap report on death by indifference

A reader has asked to post a link on this.

Mencap has issued a report on death by indifference cases involving people with disabilities. Serious failure to provide minimal health care, such as feeding or assessment of physical care, led to the death of these six individuals. Full reports are linked to at the site.

The site also includes an audio version of the report.

Friday, February 6, 2009

Abuse Found at NY Psychiatric Hospital

From the NY Times:

After a yearlong investigation, the Department of Justice portrayed the unit at Kings County Hospital Center as a nightmarish place where patients were not treated for suicidal behavior, were routinely subdued with physical restraints and drugs instead of receiving individualized psychiatric treatment, and were frequently abused by other patients.

........

The investigators found that the psychiatric service operated like a prison. The report said that instead of meaningful treatment and diagnosis, the patients received frequent visual checks by the staff, and that even when patients were supposedly under watch, violence and attempted suicides occurred.

Sunday, January 25, 2009

Where is our moral compass: nursing home abuse

I was reading about the case of teenagers who are being charged with abusing elderly nursing home patients under their care. Two of the teens were arraigned on Thursday and the newspaper dubbed them "mean girls". I am disturbed by the headline because it inappropriately sensationalizes the story.

Brianna Broitzman, 19, and Ashton Larson, 19, reportedly spit at, poked and rubbed the genitals of at least seven residents at the Good Samaritan Society nursing home in Albert Lea, Minn., according to a criminal complaint filed in December and obtained by ABCNews.com.


And there's more - more teens involved, some of whom failed to report the incidents. Allegations of patting of a patient's buttocks, spanking a patient with a cane on the buttocks, lying in bed with a patient and inserting a finger into a patient's rectum, poking a patient in the breasts and taking videos and pictures of patients.

The abuse allegedly went on between January and May 2008 and happened to patients with Alzheimers and dementia, a vulnerable population that can't even speak up. If they do, people assume they are imagining what is seen as a bizarre story.

The case is also being called an "abuse for thrills" case, continuing the theme that this is more about those who abused, than those who were abused. It is as if our desire to understand the "why it happened" exceeds our interest in looking at ways to prevent it again. There is no information in the article about any changes made in the level of supervision of nursing assistants who work with such a vulnerable population at this nursing home or any other.

The director of the nursing home is quoted as saying

"Our hearts are in the right place. We're moving forward. Our heads are held up high."

Not so fast. Let's rewind the tape here. It's time for society, for all of us, to own our accountability when the most vulnerable among us are treated this way, especially when we fail to enact change so it doesn't happen again.

Prosecutors say that those charged put their fingers in residents’ mouths and noses to quiet their cries and screams, hit and rubbed their breasts and genitals, and sexually “humped” some residents. The aides allegedly called the abuse “work fun or to get a good laugh.”

This story is not just about those who are being tried for these allegations. It is about those in nursing homes and institutions who remain vulnerable. We need to ask the tough questions here before we move on. In order to do that, we need to get past "mean girls" headlines. We need to figure out why there is more supervision and accountability in jobs at Best Buys and McDonald's, where if an employee walked up to a customer and violated boundaries like this, the police would be called and there might be a store camera filming it too. But that's different, some might say. It's a public place.

Exactly. Which is why there need to be more protections in place for those who are isolated and away from the public view. For those who may not even be able to speak. We need a higher level of accountability and transparency when dealing with caregivers of vulnerable populations, not a lower one.

The question asked by a watchdog group "Where is the moral compass of these employees?" needs to become where is our society's moral compass? What importance do we, as a society, give to the care of those who are most vulnerable? Is their safety our responsibility and, if so, how do we provide ways and means to ensure that? Is their dignity important to us? Is their well being our responsibility?

And, if we answer yes (and I hope we do), what can we do? Can the fact that our government monies go toward paying for this care be used to set in place better protection and advocacy for patients and their families? Shouldn't we scrutinize the level of supervision set in place? Should we have cameras in institutions for better oversight and accountability?

These questions aren't easy ones. But let's not move on until we at least ask them.

Wednesday, November 14, 2007

MDRI accuses Serbia of abusing mentally disabled children and adults

A report by the US based group Mental Disability Rights International outlines horrific abuses against institutionalized children and adults in Serbia after a four year study.

""Torment not Treatment: Serbia's Segregation and Abuse of Children and Adults with Disabilities" describes children and adults tied to beds or never allowed to leave their cribs - some for years at a time. In addition, filthy conditions, contagious diseases, lack of medical care, rehabilitation and judicial oversight renders placement in a Serbian institution life threatening for both children and adults."
-via Mental Disability Rights Int'l site

According to Fox News,

"Serbia is not alone in mistreating the mentally handicapped, the group said. Mental Disability Rights International has released similar reports on facilities in Romania, Hungary, Mexico, Peru, Russia, Turkey, Uruguay, Argentina and Serbia's province of Kosovo.
...
Some children and adults with disabilities never leave their beds or cribs and some are tied down for "a lifetime" to keep them from harming themselves, it said. The report said the most extreme human rights violations "are tantamount to torture."

"They eat, they go to bathroom and die in those cribs," Laurie Ahern, MDRI's investigator, said as the group showed a graphic video of the patients and poor conditions in Serbia's mental institutions." -via Foxnews.com

One boy with Down Syndrome was reportedly kept in a crib for 11 years.

The rest of the article is available at http://www.foxnews.com/story/0,2933,311726,00.html

TIME magazine also covers the story in an article at http://www.time.com/time/world/article/0,8599,1683763,00.html

Saturday, September 8, 2007

Oregon State Board of Nursing protected nurses over patients...

Not Dead Yet reports about nurses stealing drugs from patients and two cases where nurses "assisted" a patient with suicide, although family members doubt any request was made by the patient.

They quote from the Portland Tribune article by Peter Korn, which states:

"In some cases, nurses in the monitoring program were allowed to continue in their jobs even after multiple instances of stealing medications from patients.

The state report issued Wednesday supported the Tribune’s stories and found even more problems. According to the report, even cases of alleged sex abuse and attempted rape that came before the nursing board were not referred to criminal
authorities.

And, the report found, the nurse monitoring program “does not protect the public as effectively as it protects a participant’s license to practice.”

Click above for their post.

Friday, August 24, 2007

Home health care aides sold illegal certificates in NY

"Attorney General Andrew M. Cuomo announced guilty pleas on Thursday from the former operators of two schools for home health aides who sold state certifications to hundreds of people who never received proper training."
Via NY Times

The schools were described as "certification mills" in the article that sold the certificates for about three or four hundred dollars.

Sunday, June 24, 2007

The elder care crisis, nursing home abuse and lack of in home care...

..are topics Ken Connor, an attorney who handles nursing home abuse cases, discusses in his article at LifeNews. (Click above)

He writes:

"Because of deliberate short-staffing, many of my clients were left to languish in urine for so long that it dried in brown rings in their beds and in feces for so long that it dried hard to their skin. They often went for days without baths. Despite their repeated cries for help, they were frequently left unattended and their call lights went unanswered.... I've had elderly clients who endured beatings and sexual assaults in their rooms. Some were warehoused in roach infested facilities that had maggots in the mattresses and a urine odor so strong you could smell it from the parking lot....Yet although these kinds of incidents happen regularly in nursing homes across America, few people know about it, and fewer still seem to care. Many simply dismiss the growing problem because they buy into the lie that such suffering is the inevitable consequence of old age and ill health.
...
...our culture has adopted a "disposable-man" ethic that rates people on a sliding "quality of life" scale to determine whether they are worthy of life. Those who rate poorly on this scale, including the unborn, the handicapped, and the aged, frequently find themselves at significant risk of attacks on their dignity."

Via LifeNews

In addition to educating about the current level of abuse and neglect in some nursing homes, he highlights both the denial of the problems and the fact that as the graying of America continues, we will face a growing crisis since we aren't pursuing alternatives such as inhome care.

Thursday, June 7, 2007

Woman convicted of neglect of disabled relative

"A Fayette County woman faces up to 35 years in prison after being convicted of neglecting her mentally retarded cousin, who was found naked and covered in waste and sores in a camper-trailer on the woman's property.

A seven-men, five-women jury convicted Jewel Parsons on a charge of intentional neglect of an elder person on Tuesday after more than three hours of deliberations. Parsons, 44, of Fayetteville, also was found guilty of intentional neglect of an elder person, misappropriation of funds that belonged to an elder person and embezzlement by misuse of a fiduciary relationship, all felonies"

Via FoxNews

Her attorney argued to the jury that she gave her relative the same kind of care anyone else in her family did and that no one else wanted to do it. She brought her a meal every day and claimed she wanted to give her relative privacy.

The woman also misappropriated her cousin's money, spending it on items for herself such as tennis shoes and DVD's.

The cousin died a week after being found.

Friday, March 23, 2007

From bad behavior to criminal: when a pca crosses the line

I've received some email and comments describing behavior by personal care assistants that crosses the line from "bad behavior" to criminal behavior. I'd like to make a few comments.

1. It is never okay when a pca threatens you with physical injury and "rages" at you to intimidate you
2. It is never okay when a pca hits you, your pet, throws objects around or displays violent behavior
3. It is never okay for a pca to manhandle you - force feed you , handle you roughly, drop you deliberately or engage in other abusive behavior to "teach you a lesson".
4. It is never okay for a pca to steal money from you, run up long distance charges on your phone, use your cash to buy things for themselves without your permission or take your car or bank card
5. It is never okay for a pca to sexually abuse you, fondle or touch you inappropriately or force you into having sex with them or anyone else


When a pca crosses the line into abusive and criminal behaviors, calling the police is appropriate so that you are protected and your safety is assured. See a doctor to report any injuries and have them treated.

Sometimes agencies not only fail to take proper action, but according to many people, the person with a disability is "punished" by having no aide sent. All care is withdrawn which is neglect.

The appropriate response is that these aides be reported to authorities and properly charged. In the meantime, your services from the agency should continue uninterrupted. You are not the one who crossed the line. Reporting this behavior will help stop them from doing this to someone else.

Many states have disability ombudsman offices and Offices for Protection and Advocacy for the Disabled. There is also free counseling available for crime victims. If you are unsuccessful getting help on a state or local level, consider contacting NARPA, a national organization for protection and advocacy. Their link is above.

Monday, March 12, 2007

"Only the tip of the iceberg"

Via DisStudies Temple U

Carol Marfisi writes about how the public :

"... should not express any less shock or demand any less purposeful and immediate action against the living conditions that demoralize people with disabilities and the elderly who live in facilities in situations that would never be tolerated by these in power if they were themselves to residence of the same facilities.."

...than they do to the conditions facing Iraqi vets.

Paperwork glitches slow care, equipment requests for all people with disabilities

The headlines are full of stories about Iraqi vets who are undergoing serious delays in receiving treatment or care because of paperwork glitches and other problems in the system. It's a disgrace. No doubt about it.

Those of us with disabilities are all too familiar with these issues.

Two of my close friends have been denied requests for wheelchairs although neither one can walk. They received insurance denial letters basically stating they could get a $300 30 plus pound wheelchair (which neither can push), but may not receive a lightweight wheelchair, which is the kind they have used for many years.

Our first reponse to this was that perhaps insurance companies did not want to pay for titanium wheelchairs as opposed to aluminum ones. But even requests for aluminum ones are being denied.

One friend resubmitted her request with a letter from a doctor stating she needed the wheelchair. Not only was her request denied but she received several other letters denying it. She's unsure if the medical provider also resubmitted the request- perhaps out of shock after measuring her for the chair and seeing the extent of her disability.

Meanwhile her wheelchair is now over five years old. It creaks and squeaks. It no longer fits her. She is in it all day and, quite frankly, it's a hazard waiting to happen - a screw falling off, etc. And it's not as if she has thousands of dollars sitting around to just order a new wheelchair. Due to the extremely high markup on some wheelchairs (up to 400 per cent - they use bike parts), very few people can afford to buy their own.

The paper chase continues.

Nor is this a new situation. I've heard story after story from people with disabilities over the years about long waiting periods for care and equipment.

So when our response to the current headlines is "We knew that", it's not that we think vets should have to wait and endure these delays.

We don't think anyone with a disability should have to live like that.

Friday, March 2, 2007

Shortage of home health care aides

This NY Times article discusses the shortage in the context of elder care, not those of us with disabilities who are greatly affected. It points out how some are opting to use the gray market, hiring aides who do not work for agencies due to cost factors. It mentions how often no criminal background checks or proper training is provided to these workers.

Make no mistake about it - this is one of the most important issues facing the disabled community. Without adequate home care, many of us face institutionalization.

I am always reluctant to mix the issues of aging and disability in discussions because there is a tendency on the part of our social system to provide the same services to young people with disabilities as they do to elders, thus making it very difficult for those of us with disabilities to have the ability to participate in any meaningful work, whether it be paid or volunteer, have a social life or any kind of life.

I have experienced this in my own life and have continually struggled against being pigeonholed into the same services designed for an elderly person. For example, when I need meal assistance and someone suggests a service which requires me to be home every day at the same time to receive a meal, that literally puts me under a form of 'house arrest'. I may need the service, but because there is no program for a younger person with a disability, it doesn't work for me.

I have had home health care aides who will not provide me with times when they are coming, but the rule is I have to be home when they come. This also limits my mobility, income and lifestyle greatly. Because of the shortage and the extent of my disability, I sometimes have had to make this compromise. (My primary aide does not treat me this way but she is the exception in this area, not the rule.)

A shortage also results in less bargaining power with aides for consumers and increases abuse. If I want an aide to go to work with me, he or she may turn my hours down and take hours from someone else who requires less assistance. Aides have told me they will do "one thing" (pick from eating, being clean or getting dressed- forget opening mail or anything else)and then have sat down and watched my TV, telling me to "go ahead and work, it won't bother them". ** Some aides have demanded more and more money from consumers. I know of one aide who worked for a friend with MS. She would walk in, open my friend's wallet and take all the cash in it to "supplement" her pay.

So what about finding other kinds of help? Volunteers through social programs will come, but the programs are set up where you have to commit to the same time on the same day - every week since they are also set up for the elderly who are retired. If you're disabled , this means you have to do a workaround all of the time in order to participate in any of these programs, rather than being allowed to work out a schedule with the volunteer on a one to one basis - or give up this volunteer help, which can help supplement the shortage of aides situation.

This is a serious and growing problem for people with disabilities. We can invoke the ADA to increase our access to opportunities, but for those of us dependent on care and aides, this shortage can mean we have no way to get dressed, eat or showered - and will keep us in our homes or, worse yet, put us in institutions.

**Descriptions of these situations are to show the kinds of behavior I've seen and are not meant to imply that either I, or anyone else, should put up with it or settle for this kind of treatment because there is a shortage.

Saturday, February 17, 2007

No one wanted these kids....

Last night before I went to bed, I visited Planet of the Blind during my "blog rounds". Connie had posted about the case of the disabled children caged by their foster parents. She commented that she was surprised that there wasn't more chatter in the disability bloggers community about the case .

Then I went over to David's blog , Growing Up with a Disability, and noticed there was Connie in the comments section, discussing the case again.

I wanted to blog about it. I really did. I sat here for an hour. I watched videos online. I read some more news. I read some more blogs.

And I couldn't do it.

Today I went over to Planet of the Blind and Steve posted about it. He writes:

"People with and without disabilities should be up in arms about this story. But being up in arms requires that we repudiate the past twenty seven years of social policy. That's harder than asserting that the medical ethicists who were associated with the "Pillow Angel" case were basically forgetting the first rule of medicine which is of course, "to do no harm"." (via Planet of the Blind)

He's right, of course. When Ashley X hit the news, I was able to blog about it. But with this case, I'm sitting here mute. It takes alot to shut me up.

Why is this so hard? I think Steve hit the nail on the head.

Social policy is so ingrained regarding the treatment of those with disabilities that it's not only part of a system of assumptions widely held, but it's become a class and caste system. I know and feel this unconsciously - and consciously -every time I use a social service. My "role" within this social service system is well defined and when I step out of it, (which I often do) I am told about it. I enter a class and caste system when I accept social services. I hate that the social system presently defines me as "lesser than" those who extend the help to me.

If I feel that vulnerable, God help the children with disabilities in the system.

So what do we learn from this? Tacit acceptance on any level of the system as it is makes me - and all of us - a part of the problem.

What were we to do? asked the foster parents . No one wanted these kids. We gave them a home. The cages were necessary for this reason or that reason.

That comes from a class/caste system. How on earth were they doing these kids a favor by treating them abusively? In what barbarous society can neglect constitute care?

When testimony at the trial by caseworkers reveals that they knew about the caging and some thought it improved the childrens' behavior, how can we deny that the problem stems from our social system?

Neglect is rampant all over our social system for both kids and adults with disabilities. It flourishes in a society where we've defined those with disabilities as unwanted. It flourishes in a society where we demand that children with disabilities be grateful to have a "home" no matter how they are treated . It flourishes in a society when adults with disabilities are punished by receiving diminished benefits or threatened with loss of benefits when they speak up about inadequate care.

What does "it" look like every day?

- When we are given substandard meals in social programs and told to "be grateful you have something to eat"
-When we ask for more hours of caregiver assistance and are threatened with institutionalization if we "cannot manage by ourselves"
-When children with disabilities are left in abusive and neglectful homes and visiting workers ignore what they see
-When we are denied technology or devices we need to stay in our homes and/or work
-When we are told we are being "unrealistic" about wanting to work with our level of disability
-When we are unable to go to college, not because we do not meet the entrance requirements, but because there are inadequate services and assistance for the disabled
-When we are sent to nursing homes and other institutions against our will


And it looks like this - little faces staring out of bars, innocent and vulnerable children unable to speak for themselves.