October 27, 2005
Dear Elected Officials and Citizens of South Carolina:
South Carolina cannot wait to improve the protection of its most vulnerable
citizens: persons
with disabilities who reside in facilities across the state. The enclosed
report, Unequal Justice
for South Carolinians with Disabilities: Abuse and Neglect Investigations,
clearly shows the need
for an independent system within criminal justice to investigate ongoing
abuse, neglect, and
exploitation.
For many years, investigations of abuse, neglect, and exploitation have been
entrusted to state
agencies, particularly the Department of Disabilities and Special Needs, and
organizations with
whom they contract. These entities are failing to protect the individuals
with disabilities whom
they are charged to serve. As you will learn from the report, we cannot
continue to excuse the
current system by saying that incidents of abuse, neglect, and exploitation
are infrequent or
trivial or that incidents are being adequately investigated. This is clearly
not the case.
This report includes one homicide, two deaths from choking1, physical
injuries with excruciating
pain, and other shocking examples of abuse and neglect. The injured
individuals include people
who are non-verbal and unable to tell their own stories. This report sets
out some of the stories
from a sample population. Based on the cases we have reviewed, we believe
that procedures for
preventing and investigating the abuse and neglect of individuals with
disabilities are totally
inadequate. The State's "out of sight, out of mind" inadequate response must
end now.
A major problem identified by this report is that agencies investigate
themselves, with little
external oversight. Law enforcement is rarely contacted. Agencies use their
own standards rather
than following the state's comprehensive Omnibus Adult Protection Act, which
was designed to
protect vulnerable adults. Investigators in provider agencies and local law
enforcement lack
expertise in the abuse and neglect of people with disabilities. While the
process for
investigating abuse and neglect of vulnerable adults is often described as a
system, in fact
there is no system at all.
1 The choking death mentioned in the September 13, 2005 Wall Street Journal
is not included in
this report.
Protection and Advocacy for People with Disabilities, Inc. (P&A) calls on
the Governor,
Lieutenant Governor, and members of the General Assembly to move this issue
to the top of the
agenda for action this year. P&A also asks the media to assure that this
disgrace is in the
public eye until addressed. Investigation of abuse and neglect can no longer
be left to be
handled by the service providers themselves.
Since we completed the review, a member of the press contacted me about an
August 2005 death of a
middle-aged person residing in a group home. The staff on duty documented
that during the shift
ending at 11:30 p.m. the resident was making "girgling" (sic) sounds in his
chest. Rather than
contacting medical personnel, the resident was simply placed on fifteen
minute checks. On the
following shift, another staff person found the resident unresponsive and
contacted
administrators before contacting medical personnel. It appears that there
was an additional delay
of approximately an hour before 911 was called. When paramedics arrived they
determined that the
resident was dead; a coroner's report is pending.
Some of South Carolina's most vulnerable citizens are needlessly suffering,
even dying. They will
continue to do so until South Carolina has the will, backed by the funds, to
protect persons with
disabilities by demanding an effective, independent investigation system to
address these often
criminal activities. Those least able to speak for themselves deserve no
less.
P&A knows that elected officials, family members, the media, and other
concerned citizens care
about the very vulnerable people who reside in group homes, residential
facilities, and long-term
care institutions. The data in this report offers the necessary information
to begin making
desperately needed changes. We are ready to assist in this process and await
the opportunity to
explore the next steps with all interested parties.
Thank you for your immediate attention to this unequal justice for South
Carolinians with
disabilities.
Very truly yours,
Gloria M. Prevost
Executive Director
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