Illinois Guardianship and Advocacy Commission Egyptian Regional Human Rights Authority Met Nov. 19.
Here is the minutes provided by the authority:
The regular meeting of the Human Rights Authority (HRA) was held via WebEx and in person at Union County Counseling, 204 South St., Anna, IL. The meeting was called to order at 5:33 p.m. Chairperson, Kathy Rambeau, read the confidentiality statement. A quorum was present.
Members Present: Kathy Rambeau, Victor Metzger and Ryan McAllister (in person). Rebecca Lewey and Beverly Warshawsky participated (via WebEx.)
Members Absent: Linda LaFoon, Mary McMahan and Paul Jones
Staff Present: Kim Conway
Guests: None
Minutes: Ryan McAllister made a motion to approve the September 17, 2020 meeting minutes Victor Metzger seconded and it carried.
Communications: Kim Conway informed the board that special education training would be continuing in the new year and they could expect to receive communication from the trainer in our Peoria office regarding webinar type training dates. There is one vacancy on the board and the members present discussed possible candidates to reach out to, the opening is also posted on the agency Facebook page. Kim shared the legislative agenda for the Spring 2021 session where some of HRA initiated bills will be presented regarding state operated facility transfers and supported decision making and other topics.
Ratifications: None New Complaints:
Due to the meeting having a mixture of in person participants and WebEx participants, all board members voted individually in agreement with each of the below motions.
21-110-9003 CILA Home – alleges inappropriate restriction of rights and inadequate treatment planning. This case was opened pending receipt of release of information at the September meeting. While attempting to obtain a release, it was discovered that this home was not in the regional coverage area for the Egyptian HRA. Therefore, Victor Metzger made a motion to not accept the new complaint for investigation, Rebecca Lewey seconded, and it carried.
21-110-9004 Inpatient Drug and Alcohol Treatment Center – alleges inhumane living conditions, breach of confidentiality and inadequate care and treatment. The complaint alleges there is black mold, broken toilets, showers and floors and that recipients are running out of mental health medications. Case opening was tabled at the September meeting to allow time for releases to be received. The releases were received but at least one of them had several names and signatures. A follow up letter was sent for single releases to be signed but were not received. The board discussed opening with the releases received that were for one person each. Victor Metzger made a motion to accept the complaint for investigation, Ryan McAllister seconded, and it carried.
21-110-9005 CILA Home – alleges inadequate treatment planning. An individual from the CILA home was admitted to the hospital. Upon admission the CILA staff that he could make his own decisions and sign his own paperwork. The individual signed a do not resuscitate order (DNR) and his health continued to decline. The CILA home then stated he could not make that decision as he did not fully understand the implications of a DNR order and attempted to have a power of attorney for medical put into place allowing the CILA home to make medical decisions. The individual is now deceased and had no guardian, so for the HRA to investigate, since a release cannot be obtained, the HRA would have to subpoena records. Kathy Rambeau made a motion to accept the complaint for investigation, Victor Metzger seconded, and it carried. Ryan McAllister made a motion to have the records needed from the hospital, CILA home and Independent Service Coordination agency subpoenaed, Victor Metzger seconded, and it carried.
21-110-9006 Community Eye Physician – alleges service is being refused to residents in CILA homes due to COVID precautions, however, reportedly the optometrist is seeing patients from the general public just not those in CILA homes. An informal resolution was pursued, and the physician responded with a letter which was shared with the board stating they have resumed seeing CILA home residents. This was confirmed with the CILA home. Ryan McAllister made a motion to not accept the complaint due to an informal resolution of the matter, Kathy Rambeau seconded, and it carried.
21-110-9007 Social Service Agency – alleges inadequate care due to an agency not scheduling an appointment with a physician for a gender change. According to the complainant, other appointments have been scheduled. There may also be some issues around the agency not providing bill paying services and mail delivery. Since it is not known what services the agency is supposed to provide to the individual, Kathy made a motion to table case opening to gather more information and pursue an informal resolution, Beverly Warshawsky seconded, and it carried.
21-110-9008 State Operated Facility – alleges inadequate discharge planning due to the recipient not receiving all personal items upon discharge. The HRA obtained the policy on personal property but was told it was under revision. The policy was shared with the board and after discussion, Ryan McAllister made a motion to table case opening and request a copy of the revised policy. Victor Metzger seconded, and it carried.
21-110-9009 CILA Home – alleges inadequate treatment planning due to residents not returning to day training services once COVID precautions were lifted by the State. Also alleges that in-home services are not occurring regularly, and outings are not occurring, including those that would be considered safer outings such as van rides, drive through restaurants or outdoor activities that could be socially distanced. Victor Metzger made a motion to accept the complaint for investigation, Ryan McAllister seconded, and it carried.
21-110-9010 CILA Home - alleges inadequate treatment planning due to residents not returning to day training services once COVID precautions were lifted by the State. Also alleges that in-home services are not occurring regularly, and outings are not occurring, including those that would be considered safer outings such as van rides, drive through restaurants or outdoor activities that could be socially distanced. Rebecca Lewey made a motion to accept the complaint for investigation, Victor Metzger seconded, and it carried
21-110-9011 CILA Home - alleges inadequate treatment planning due to residents not returning to day training services once COVID precautions were lifted by the State. Also alleges that in-home services are not occurring regularly, and outings are not occurring, including those that would be considered safer outings such as van rides, drive through restaurants or outdoor activities that could be socially distanced. Victor Metzger made a motion to accept the complaint for investigation, Beverly Warshawsky seconded, and it carried
Other New Business: None
Unfinished Business: Ryan McAllister made a motion to enter closed session at 6:41 p.m. pursuant to Section 21 of the Guardianship and Advocacy Act (20 ILCS 3955/21) and Section 120/2 (c) (4) of the Open Meetings Act (5 ILCS 120/2); the motion was seconded by Victor Metzger and it carried. The following summary of items were discussed in the closed session:
Case progress was reviewed for 18-110-9022, 19-110-9015, 19-110-9021, 20-110-9003, 20-110-9005, 20-110- 9006, 20-110-9008, 20-110-9009, 20-110-9011, 20110-9014, 19-110-9015, 20-110-9017, 21-110-9001 & 21- 110-9002. Draft report was reviewed for 19-110-9019. Case closures were considered for 20-110-9001 & 20- 110-9007. Victor Metzger made a motion to return to open session at 7:23 p.m. having taken no action in closed session, Ryan McAllister seconded, and it carried.
Case Progress Reports:
18-110-9022 Lutheran Social Services – Alleges inadequate treatment planning due to the agency not completing required visits to the home to check on a special need’s child in foster care placement, not providing a service plan to address maladaptive behaviors and not providing the foster parent with a visitation schedule. The HRA coordinator handling this case, Jodi Russell-Baum, indicated that this report is in progress, therefore no further discussion was necessary, and none occurred.
19-110-9015 Choate Developmental Center – Alleges a recipient is not being served in the least restrictive environment. Due to COVID-19 precautions, all transfers were placed on hold and have recently began again. The receiving CILA home was trained on the recipient’s behavior plan recently. The home is in the process of acquiring an additional home which this resident will reside. The recipient is not interested in looking for another CILA home and currently is choosing to wait for this one. This case is still under investigation.
19-110-9021 – Choate Developmental Center – Alleges the facility is not communicating with a recipient’s guardian and recipients are not receiving adequate outside fresh air time. The report is in progress and should be ready for the January meeting.
20-110-9003 Chester Mental Health - Alleges inadequate treatment due to a recipient seeing his social worker infrequently and not being enrolled in any groups or rehabilitation classes. The case is ready for report.
20-110-9005 Marshall Browning Hospital – Alleges inadequate treatment and discrimination based on disability. Interviews with community counseling agency still need to be scheduled. The board discussed scheduling a phone conference to get this accomplished. The case is still under investigation.
20-110-9006 Choate Mental Health – Alleges inadequate admission process. Allegedly, the recipient waited approximately 11-12 hours for the facility to admit her even though there was a court order for her to be admitted to the facility. The case is ready for report.
20-110-9008 East Side Primary School – Alleges the school is not following a student’s Individualized Education Plan. The case is ready for report.
20-110-9009 Choate Mental Health – Alleges a recipient is not being allowed time to finish his meals and that he was denied access to his trust fund money. Additional complaints have been received of continued issues during meal time, particularly with a certain staff person. The HRA discussed scheduling an interview with this staff person. The case is still under investigation.
20-110-9011 Chester Mental Health – Alleges inadequate medical treatment. The case is ready for report.
20-110-9014 Trade Industries CILA – Alleges lack of communication with guardians and inadequate care and treatment. The site investigation was completed and some of the requested information was received and additional information has been received since the September meeting. The information needs to be reviewed to see if anything else is needed. The case is still under investigation.
20-110-9015 Choate Developmental Center – Alleges lack of guardian communication about legal status and that the facility is not allowing telephone communication. Also concerns that the recipient may not be in the least restrictive environment. The site investigation still needs to be scheduled, however the facility is still closed to visitors due to COVID-19 precautions. If the facility does not open soon for visitors, the board discussed scheduling a video conference. The case is still under investigation.
20-110-9017 Skystar CILA – Alleges inadequate care and treatment. The site investigation was recently completed along with an initial chart review. Chart documentation that was requested has been received and needs to be reviewed to see if anything else is needed. The case is still under investigation
21-110-9001 Chester Mental Health – Alleges inadequate treatment due to recipient’s privileging level being reduced after a change in therapists. The site investigation needs to be scheduled, however in person visits cannot be completed at this time due to COVID-19 precautions. The board discussed scheduling a video conference if visits are not allowed soon. The case is still under investigation.
21-110-9002 Choate Mental Health – Alleges inappropriate placement and inadequate treatment planning. Patients with dual diagnoses of mental illness and intellectual disabilities are sent to the mental health unit which is several hours away from family and friends. Then, when discharged they are remaining in the Southern region rather than returning close to support systems. The board discussed several video conference meetings that have been occurring regarding these issues with the Department of Human Services and the facility administration. Once the facility is reopened for visitation, the chart review and additional interviews will be scheduled. If it is not reopened soon, the board discussed scheduling video conferences. The case is still under investigation.
Draft Reports:
19-110-9019 Choate Mental Health – alleges recipients were inappropriately admitted to the mental health unit and are not being served in the least restrictive environment. The board reviewed the draft report with substantiated findings and discussed the proposed suggestion to be added. Victor Metzger made a motion to approve the draft report as revised by adding the proposed suggestion, Ryan McAllister seconded, and it carried.
Closures:
20-110-9001 Chester Mental Health – Alleges inappropriate discharge of three recipients. The facility requested an extension of time to respond to the report of findings. Victor Metzger made a motion to allow a 30 day extension of time to respond to the report of findings, Beverly Warshawsky seconded, and it carried.
20-110-9007 Chester Mental Health – Alleges inadequate medical treatment due to seizure medication not being given as prescribed by a community physician prior to admission. The facility requested an extension of time to respond to the report of findings. Victor Metzger made a motion to allow a 30 day extension of time to respond to the report of findings, Ryan McAllister seconded, and it carried.
Other Unfinished Business: The board scheduled the 2021 meetings. The next meeting is scheduled for 5:00 p.m. on January 21, 2021, tentatively in Carbondale, IL
Ryan McAllister made a motion to adjourn the meeting at 7:46 p.m., Victor Metzger seconded, and it carried.
https://www2.illinois.gov/sites/gac/Press/Documents/minutes/2020/egyptminutes111920.pdf
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