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Nebraska Settles With Justice Department Over Alleged Beatrice Mistreatment
By Dave Reynolds, Inclusion Daily Express
July 17, 2008

BEATRICE, NEBRASKA--The state of Nebraska has agreed to settle a lawsuit filed by the U.S. Department of Justice over the treatment of the 300 people with developmental disabilities housed at Beatrice State Developmental Center.

After a visit last October, Justice Department officials reported that they had reason to believe that BSDC residents "were being subjected to conditions that deprived them of their legal rights and of their rights, privileges, and immunities secured by the Constitution of the United States." They included numerous examples of abuse, neglect, overuse of restraints, documentation problems, poor medical care, and lack of follow-through when problems were found.

Justice officials also revealed that, even though 90 percent of the residents had interdisciplinary team recommendations that they be allowed to move into the community, the state had only moved two people out between January and October 2007.

Under the settlement, which was announced on June 30, the state agreed to a five-point plan to make sure the residents are provided with "the protections, supports, and services they need to ensure that their constitutional and statutory rights are protected."

A major part of that plan involves moving dozens of people out of BSDC and into homes in the community.

John Wyvill, director of the Division of Developmental Disabilities, told the Beatrice Daily Sun that the state plans to move up to 100 people out of the facility within the next six months.

"Any admission or readmission to BSDC will be considered short term," he added.

The agreement includes ongoing monitoring for up to four years by an independent expert. The state and the Justice Department agreed on Dr. John J. McGee, who is well known for pioneering the concept of "Gentle Teaching".

The settlement does not involve the U.S. Centers for Medicare and Medicaid Services. That agency withheld more than $28 million in federal funds after inspectors found four violations related to the health and safety of residents, and three situations that presented immediate risk to residents.

State officials admitted no wrongdoing in the settlement.

Related:
"State reaches settlement over BSDC" (Beatrice Daily Sun)

http://tinyurl.com/5jszhj
Text of settlement agreement
http://tinyurl.com/6oekuc

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