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In recent weeks the Legislature as well as the rest of the state has been made aware of the grave situation at the Beatrice State Developmental Center (BSDC). The Department of Justice investigate report sent to the Governor detailed hundreds of cases of severe abuse and neglect to the residents. The report also observed staff that is overworked, underpaid, and not properly trained for the responsibilities of their assignments. This report outlined grave violations of the civil liberties of our state's most vulnerable citizens.
According to the report, numerous conditions and practices at BSDC violate the constitutional and federal statutory rights of its residents. The investigative report states that the BSDC fails to provide residents with adequate protection from harm, training and associated behavior and mental health services, health care, including nutritional and physical management, discharge planning and placement in the most integrated setting.
My time in the Nebraska State Legislature has allowed me various opportunities to meet with members of ARC and other advocacy groups that speak for those with a developmental disability. I have heard what their group is saying loud and clear. According to the Department of Health and Human Services there are 1346 individuals with DD that are not receiving any services and are in need of services, and another 1319 in some sort of community based services but who need more extensive services. These groups continually report the challenges in funding, recruiting and retaining qualified staff. Because of the highly stressful demands on these employees and the low pay, burn out and turnover is rampant. Beatrice is the extreme example of what is occurring in the community based approach in servicing the mentally and physically disabled citizens of our state.
Over the past seven years there has been an awareness of the BSDC situation through multiple reports that have indicated violations. This does not fault any one political office - but everyone who has chosen to ignore this issue. It has been said that a society is judged by how it treats its most vulnerable citizens. The most vulnerable happen to be our family members, our friends, our neighbors and members of our community. They just happen to have a developmental disability. The potential loss of 29 million dollars in federal funding and lawsuits filed against BSDC and the state command our attention and serious efforts to reexamine our community based approach with developmental disabilities and in behavioral health reform.
In response to this report the Nebraska State Legislature, under the leadership of Speaker Mike Flood, introduced LR 283. The resolution calls for seven Senators to be immediately appointed to serve on a commission that will be called the Developmental Disabilities Special Investigative Committee. The Commission would be given subpoena power to investigate the current and past situations with BSDC. The Legislature also adopted two amendments aimed at enhancing BSDC's budget, and their staff situation. The first provided $1.5 million dollars of additional federal funding for hiring bonuses and salary increases. The second amendment provides funding for community based services that are appropriate for those with developmental disabilities to live productive lives in the community.
If you are interested in viewing this report, you can access it online at http://content.omaha.com/media/maps/pdfs/031708kcdojreport.pdf
As always, do not hesitate to contact me with your comments or concerns.
Senator Annette Dubas
State Capitol
PO Box 94604
Lincoln, NE 68509-4604
adubas@leg.ne.gov
402.471.2630
www.annettedubas.com
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