Illinois Guardianship and Advocacy Commission Egyptian Regional Human Rights Authority met July 15.
Here are the minutes provided by the commission:
The regular meeting of the Human Rights Authority (HRA) was held via WebEx and in person at Pagliai’s Pizza Meeting Room, 509 South Main St., Carbondale, IL. The meeting was called to order at 5:16 p.m. Chairperson, Paul Jones, read the confidentiality statement. A quorum was present.
Members Present: Paul Jones, Linda LaFoon, Blair Anderson, Rebecca Lewey (participated in person). Beverly Warshawsky and Jessica Wright (participated via WebEx.)
Members Absent: Ryan McAllister
Staff Present: Kim Conway
Guests: Gayla Holbrook and Marlin Cortez from Southeastern Residential Alternatives
Minutes: Linda LaFoon made a motion to approve the May 20, 2021 meeting minutes Rebecca Lewey seconded and it carried.
Communications: Kim Conway shared that Blair’s application was approved by the agency Director. There are still 2 vacancies on the board for a mental health provider or citizen members. The special education training dates will be announced soon but they will be in August and September, Kim will forward as soon as she has them. All members are encouraged to complete the training. Kim Conway shared the HRA Statistics for Fiscal Year 21. The Egyptian region handled 44 cases and benefited 2,078 individuals with disabilities. The statewide HRA totals were 304 cases and 77, 859 persons benefitted. Finally, Kim Conway provided updated COVID-19 information on the state operated facilities in the region.
Other New Business: None
Ratifications: At the May meeting the application of Denise Pippins was approved pending HRA Director approval. The Director stated that since the board slot for developmental disabilities provider is already filled, Denise’s application cannot be approved until her contracting work is completed later this year. Linda LaFoon made a motion to withdraw the approval of Denise’s application until she is no longer a contract employee, at which time her application can be reviewed again. Beverly Warshawsky seconded, and it carried.
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.
22-110-9001 State Operated Mental Health Facility - alleges inappropriate restriction of rights. Patients’ off unit activities and outside walks with staff are dependent on participation in programming. Previously, this was based on behavior and ability to manage maladaptive behaviors. Also, patients cannot have cash on their person on the units. Another issue is the lack of technology being used for treatment such as MP3 players or iPods which could be utilized for calming apps, music etc. There are no community outings occurring. Family can no longer bring in hygiene items, they must be mailed. No food can be mailed in but can be brought and consumed during visits only. Rebecca Lewey made a motion to accept the complaint for investigation, Linda LaFoon seconded, and it carried.
22-110-9002 State Operated Mental Health Facility – alleges inappropriate placement of individuals with intellectual/developmental Disabilities and inadequate treatment planning. No patient names were mentioned in the complaint. It alleges that patients with intellectual/developmental disabilities are placed in the same environment as some very dangerous and volatile patients who prey upon the lower functioning patients. Another concern is that the patients with intellectual/developmental disabilities are not being served as they should be, many are not allowed off unit privileges due to their behaviors. They are not provided education. They are given no engagement which leads to maladaptive behaviors. These behaviors are reportedly triggered by the lack of routine, training of staff, interactions, and positive reinforcement. The board discussed how this case could be investigated without names or releases. The board requested that we attempt to find the number of patients there are at this facility with dual diagnosis and the unit breakdown in case masked records are needed. Linda LaFoon made a motion to table case opening to obtain more information, Blair Anderson seconded, and it carried.
22-110-9003 State Operated Facility – alleges inadequate treatment. The facility wants a medication increase despite no behavioral reason. There is reportedly no treatment occurring to receive fitness for hearing. A release of information was obtained. Blair Anderson made a motion to accept the complaint for investigation, Linda LaFoon seconded, and it carried.
22-110-9004 State Operated Facility – alleges inadequate treatment due to a patient having issues with diet due to Chron’s disease. Patient was on double portions, then double proteins, now extra calories. The nurse reportedly keeps changing what the medical doctor ordered. The patient also had a broken toe that was not being addressed medically. Reportedly, the only treatment provided was to give the patient an ankle brace to wear and the patient was never taken to the hospital for a proper examination. A release was not yet received. Linda LaFoon made a motion to open the case for investigation pending receipt of a release of information, Rebecca Lewey seconded, and it carried.
22-110-9005 State Operated Facility - alleges inadequate treatment. Patient sounds overly medicated during telephone calls. Waiting on a release. Jessica Wright made a motion to open the case for investigation pending receipt of a release of information, Blair Anderson seconded, and it carried.
Unfinished Business: Beverly Warshawsky left the meeting at 6:00 p.m. due to poor internet connection for the Webex. There was still a quorum present. Linda LaFoon made a motion to enter closed session at 6:01 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 Blair Anderson and it carried.
The following summary of items were discussed in the closed session:
Case progress was reviewed for 19-110-9015, 20-110-9003, 20-110-9006, 20-110-9009, 20-110- 9011, 20-110-9015, 21-110-9001, 21-110-9002, 21-110-9005, 21-110-9009, 21-110-9010, 21- 110-9011, 21-110-9012, 21-110-9013, 21-110-9014, 21-110-9015, 21-110-9017, 21-110-9018, 21-110-9019, 21-110-9020 & 21-110-9021. Draft reports were reviewed for 20-110-9005 & 20- 110-9017. Case closures were considered for 18-110-9022 & 20-110-9014. Rebecca Lewey made a motion to return to open session at 9:18 p.m. having taken no action in closed session, Linda LaFoon seconded, and it carried.
Case Progress Reports:
To accommodate guests, cases 21-110-9009 & 21-110-9019 were moved to the top of the agenda for progress reports.
21-110-9009 Southeastern Residential Alternatives - Alleges inadequate treatment planning due to residents not returning to day services once COVID precautions were lifted by the State. Also alleges that in-home services are not occurring consistently, and outings are not occurring. Additional interviews were completed, and chart information was received but still needs to be reviewed. The case is still under investigation.
21-110-9019 Southeastern Residential Alternatives – Alleges lack of guardian involvement and inadequate care and treatment planning due to several injuries and no treatment meetings being held for 2 years. Interviews were completed with some, but still have a few more to complete. The case is still under investigation. Gayla Holbrook and Marlin Cortez left the meeting at 6:17 p.m. following discussion of these two cases.
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 but have recently began again. The CILA home that responded with interest in accepting the recipient did so before his recent diagnosis with a medical condition that must be addressed before pursuing further CILA placement. After discussion, the board agreed to do further review of how the agency is handling the medical condition to prepare him for transfer. Gene Seaman, Managing Administrator for the Southern region, will be taking over the investigation due to a new conflict of interest that arose for Kim Conway.
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.
20-110-9006 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.
20-110-9009 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. The case is ready for report.
20-110-9011 Chester Mental Health – Alleges inadequate medical treatment. The case is ready for report.
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 chart still needs to be reviewed. 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. Records requested have been received and need to be reviewed but the case is ready for report.
21-110-9002 Choate Mental Health – Alleges inappropriate placement and inadequate treatment planning. The chart needs to be reviewed. The case is still under investigation.
21-110-9005 Chamness Care – Board members, Jessica Wright and Blair Anderson have a potential conflict of interest with this case, therefore they left the meeting at 7:38 p.m. during the discussion returning at 7:45 p.m. once discussion had concluded. Alleges inadequate treatment planning. Records subpoenaed were received and need to be reviewed in detail. Kim reported that the board can speak with the facility staff about subpoenaed records. Therefore, a site visit needs to be scheduled. The case is still under investigation.
21-110-9010 Progressive Housing - Alleges inadequate treatment planning due to residents not returning to day 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. The board discussed additional communication from the agency attorney. Records have been requested. The case is still under investigation.
21-110-9011 TDL Group, Inc. - 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. Additional interviews were completed. The case is ready for report.
21-110-9012 Centerstone – Alleges inadequate treatment. The recipient was to have a 10-day treatment period, but she was released before the treatment period was up for being disruptive. It was reported the recipient threw medications, but the recipient denies doing so. The site investigation was completed, and records received. The case is ready for report.
21-110-9013 Choate Developmental Center – alleges inhumane treatment by having locked restrooms on the units. The board reviewed information that was received from the facility. The case is now ready for report.
21-110-9014 Chester Medical Clinic – Alleges inappropriate denial of mental health services due to an outstanding medical bill. Site visit needs to be scheduled.
21-110-9015 Union County Housing – Alleges inadequate accessibility. A release was not received so this case will be a policy review and general investigation. The site visit needs to be scheduled.
21-110-9017 Choate Developmental Center – Jessica Wright has a conflict of interest and was moved to the lobby during discussion of this case from 8:14 p.m. until discussion was completed at 8:17 pm. Alleges inappropriate restriction on telephone communication, inadequate treatment and treatment planning and lack of guardian involvement. The site visit needs to be completed. Lara Davis, Disability Rights Manager, will be handling the investigation due to a new conflict of interest for Kim Conway that arose. Linda LaFoon and Beverly Warshawsky agreed to complete the investigation with Lara. Kim will pass their contact information along to Lara for scheduling purposes.
21-110-9018 Coleman Tri County – Alleges that the proper process set by DHS for returning to day services was not followed. The site investigation was completed. Still need to complete additional interviews and review records. The case is still under investigation.
21-110-9020 Chester Mental Health – Alleges inhumane care due to lack of outside time. Additional documentation needs to be requested and some additional interviews need to be completed. The case is still under investigation.
21-110-9021 Chester Mental Health – Alleges inadequate care and inappropriate restriction of rights. The board discussed information that had been received from the facility. Additional information will be requested. The case is still under investigation.
Draft Report:
20-110-9005 Marshall Browning Hospital – Alleges inadequate treatment and discrimination based on disability. The board reviewed the draft report and had no changes. Linda LaFoon made a motion to approve the draft report as stated, Jessica Wright seconded, and it carried.
20-110-9017 Skystar CILA – Alleges inadequate care and treatment. The board reviewed the draft report and had no additions or changes. Rebecca Lewey made a motion to approve the draft report as stated, Blair Anderson seconded, and it carried.
Closures:
18-110-9022 Lutheran Social Services – Rebecca Lewey and Kim Conway have a conflict of interest and left the meeting at 8:49 p.m. during the discussion, both returning at when the discussion had concluded at 9:00. Alleges inadequate treatment planning. The board reviewed additional information received from the agency. Jessica Wright made a motion to close the case, make the report a part of the public record. Linda LaFoon seconded, and it carried.
20-110-9014 Trade Industries – alleges lack of guardian communication and inadequate care and treatment. The board reviewed the response to the report of findings had no additional comments or concerns. Linda LaFoon made a motion to close the case and make the report a part of the public record. Blair Anderson seconded, and it carried.
Other Unfinished Business: None
The next meeting is scheduled for 5:00 p.m. on September 30, 2021, in Carbondale.
Rebecca Lewey made a motion to adjourn the meeting at 9:18 p.m., Linda LaFoon seconded, and it carried.
https://www2.illinois.gov/sites/gac/Press/Documents/minutes/2021/egypt071521minutes.pdf
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