Nebraska Institution Fails to Implement Agreement

2 July 2009 – Lincoln, NE, USA The Omaha World-Herald reported today that Nebraska State Senator Steve Lathrop, who is chairing the legislative committee in responsible for overseeing changes at Beatrice State Developmental Center, is concerned about the Nebraska’s failure to comply with the agreement to implement change that was put in place one-year ago in the wake of the death of Olivia Manes, an 18-year-old resident of the institution. Senator Lathrop’s concern that efforts to address problems at the institution are moving too slowly was expressed two days after John McGee, the independent expert appointed to the monitor the agreement, issued a report concluding that Beatrice State Developmental Center had failed to comply. The agreement was developed in an effort to hold off a lawsuit filed by the U.S. Department of Justice.

McGee’s report credited the state with making a number of meaningful improvements but also pointed to a number of problem areas. As reported in the Omaha World-Herald, these include:

Ÿ Moving people out of the Beatrice center into nursing homes or other institutions is “worrisome” and might put the state out of compliance with the settlement. Of 166 people who have left the center since October 2007, 54 are in nursing homes and 15 in hospitals. As of June, 179 people remained at the center.

Ÿ A more careful process of approving do-not-resuscitate orders should be adopted. Medical reviewers raised concerns that parents and guardians were being asked to make such decisions in times of crisis and without sufficient information.

Ÿ The amount of restraint use increased this year, after being reduced significantly in the last three months of 2008. Ten residents accounted for 179 incidents of mechanical restraint use from Jan. 1 through March 31. Many of the same residents were subjected to physical holds, as well. “The trend reflects a lack of positive behavioral support, appropriate and adequate psychiatric services and staff training and mentoring.”

Ÿ A number of serious incidents have been reported among former center residents now living in the community. From April 7 through May 31, there were 11 incidents involving nine former residents. Three involved police intervention, including one in which the former resident was Tasered.

Moving people out of the Beatrice center into nursing homes or other institutions is “worrisome” and might put the state out of compliance with the settlement. Of 166 people who have left the center since October 2007, 54 are in nursing homes and 15 in hospitals. As of June, 179 people remained at the center.

A more careful process of approving do-not-resuscitate orders should be adopted. Medical reviewers raised concerns that parents and guardians were being asked to make such decisions in times of crisis and without sufficient information.

The amount of restraint use increased this year, after being reduced significantly in the last three months of 2008. Ten residents accounted for 179 incidents of mechanical restraint use from Jan. 1 through March 31. Many of the same residents were subjected to physical holds, as well. “The trend reflects a lack of positive behavioral support, appropriate and adequate psychiatric services and staff training and mentoring.”

A number of serious incidents have been reported among former center residents now living in the community. From April 7 through May 31, there were 11 incidents involving nine former residents. Three involved police intervention, including one in which the former resident was Tasered.

Tags: Institutional abuse, Institutional care, Neglect, restraints