Illinois Guardianship and Advocacy Commission Human Rights Authority Peoria Region met Jan. 25.
Here are the minutes provided by the commission:
The regular stated meeting of the Peoria Regional Human Rights Authority (HRA) was called to order at 10:02am Wednesday, January 25, 2023, at the Chillicothe Public Library 430 N. Bradley Ave. Chillicothe, Il 61523. Some members attended via Webex call-in information: Meeting number (access code): 2468 504 4161 Telephone: 1-312-535-8110.
ROLL CALL
Present: Tracy Wright and Jim Runyon those attending via Webex: Shannon Dault, Mandy Swartzendruber, Meri Tucker, and Sandy Anton
Absent: Joan Rice and Heather Choi
Staff: Erin Nowlan
Gene Seaman
Guests: Connie Hardy
Melanie Riley
Mitchell Kavanagh
Tracy Wright read the confidentiality statement: Illinois law protects the privacy of those persons with disabilities on whose behalf the Human Rights Authority conducts investigations. The Authority welcomes concerned citizens wishing to present information. We remind all citizens and guests that public reference to any name, description, or other information, which would identify an eligible person or the family without consent, is strictly prohibited.
Introductions were made.
The motion was made by Jim Runyon to enter closed session at 10:11am am pursuant to Section 120/2 (c) (4) and (10) of the Open Meetings Act (5 ILCS 20), Section 3955/10 of the Guardianship and Advocacy Act (20 ILCS 3955) and Section 110/5 of the Mental Health and Developmental Disabilities Confidentiality Act (740 ILCS 110); the motion was seconded by Meri Tucker and carried. Connie Hardy joined at 10:11am. Left at 10:31am. Melanie Riley joined at 10:32am. Melanie Riley left at 10:42am. Mitchell Kavanagh joined at 10:46am. Mitchell Kavanagh left at 10:49am. Sandy Anton left closed session at 11:40am. The purpose of the closed session was to discuss confidential aspects of cases with guests attending representing their agency. Board returned to Open Session at 12:09pm.
MINUTES
Jim Runyon made a motion to approve the November 15, 2022 Open Meeting Minutes with no additions and one correction to a typo. Seconded by Sandy Anton. Motion passes.
Motion to approve and keep confidential the September 21, 2022 and November 15, 2022 Executive Meeting Minutes made by Jim Runyon. Seconded by Meri Tucker. Motion passes. There were no Executive Meeting Minutes for July 20, 2022 due to not having quorum.
Ratifications:
None
New Cases:
23-090-9004 - County Jail Inadequate Mental Health and Medical Care, the allegation states a detainee has hyperactive thyroid as a medical condition and is in need of blood work to ensure his medication is at the correct dosage. The detainee also has a bipolar diagnosis and is not receiving medications to treat this diagnosis. Motion to close case due to not receiving a consent to release information made by Jim Runyon. Seconded by Meri Tucker. Motion passes. Case closed.
23-090-9005 County Jail - Inadequate medical care, the complaint alleges the jail failed to accommodate an immunocompromised detainee who asked for shoes when walking through the metal detector during booking process. The jail also failed to provide anti-rejection medication for a detainee who was post-kidney transplant and required timely medications. The medications had been provided to the jail but were not given at the ordered 9am time. The medications ended up being doubled later in the evening. Motion to close case due to not receiving a consent to release information made by Jim Runyon. Seconded by Shannon Dault. Motion passes. Case closed.
23-090-9009 - Behavioral Health Provider, (1)Improper involuntary admission process, a patient arrived to the ED for behavioral health care after experiencing an adverse reaction to opioid medication that had been prescribed for pain management after a surgery procedure. The patient's treatment process evolved into a voluntary admission for mental health treatment. The patient felt coerced to sign the paperwork out of fear that they would be hospitalized for 90 days and made to go in front of a judge. The patient was hospitalized from 7 days in early February 2022. The patient had the wrong name on the admitting paperwork, as well as the wrong birthdate. The hospital did not do their diligence to ensure they knew who they were treating.
(2) Rights violation occurred when a patient was not allowed to communicate with a family member, a patient was hospitalized for behavioral health care. The patient had a sibling come to the hospital in an attempt to locate the patient due to having four children who were not in the patient's care due to the hospitalization. Staff at the hospital refused to allow the patient to speak to their sibling and told them they did not believe that the person was related to the patient. The sibling became angry and upset, yelling at staff and then left the hospital.
(3) Improper medical care and use of emergency medications, a patient was given unknown medications during their mental health evaluation. The patient has since been experiencing non- epileptic seizures and pain in leg and arm. The patient received a bruise on their arm from a blood pressure cuff being used too tightly. The patient also recalls having 20 tubes of blood drawn in one sitting, for unknown reasons, which is excessive.
(4) Improper discharge procedure, a patient was discharged from the hospital after a hospitalization to a community placement in a mental health facility. The patient recalls talking with the social worker about the discharge to the mental health facility but the patient did not want to go there due to having their own apartment, school obligations and four children to take care of. The patient felt that the hospital assumed they were homeless due to being black and felt discriminated against. Due to the patient being admitted to the mental health facility as their discharge plan this impacted food stamps and children's medical card. Motion to open case and investigate complaints 1, 2, and 3 (not 4) made by Jim Runyon. Seconded by Meri Tucker. Motion passes.
23-090-9010 - CILA Provider - (1) Inhumane treatment, the complaint alleges a resident of a CILA was not allowed to return to the CILA house after being around a person who had covid like symptoms, maybe covid. The service recipient was made to stand in a garage when the temperature was around 28 degrees until they could be picked up. They were in the garage for 4- 5 hours. (2) Inadequate communication, the complaint alleges guardians are unable to contact the CILA home directly as staff are continually leaving the phone on "fax" mode. (3) Inadequate treatment planning, the complaint alleges the Individual Service Plan is not being followed, a resident is not allowed to cook for themselves, staff are not providing day program activities nor actively searching for day program services, and a guardian's concerns are not adequately addressed by staff. Motion to open case made by Jim Runyon. Seconded by Meri Tucker. Motion passes.
23-090-9011 - Hospital ED - (1)Improper physical restraint, the complaint alleges that a patient was transported to a local hospital by ambulance and required emergency treatment in the ED they were placed in four-point restraints and were not given a clear reason why restraint was used in the ED nor was the patient given a notice of rights restriction for the use of physical restraint. (2) Inadequate treatment, complaint alleges that during emergency treatment received in the ED a patient was allegedly given an incorrect name on their patient wristband while being treated for respiratory distress, altered mental status and a psychiatric evaluation. The patient is under evaluation for having a suspected seizure disorder and the hospital was treating for a drug overdose but the patient does not use drugs. Motion to open case and investigate allegation 1 with informal review of allegation 2 made by Meri Tucker. Seconded by Mandy Swartzendruber. Motion passes.
23-090-9012 - Jail – (1) Inadequate treatment, the complaint alleges a detainee with a DSM-5 diagnosis is not receiving mental health care or medications. (2) Inadequate grievance process, the complaint alleges a detainee with a disability is being restricted from using the grievance process. This is a violation of jail standards. (3) Inhumane treatment, the complaint alleges a detainee, who was not receiving mental health services, was injured by jail staff resulting in a brain bleed and shoulder injury that required surgery. Since the injuries the detainee is being held in an unclean separate area of the jail, in a cell used for medical care/treatment. The complaint alleges the cell is being used as punishment and not for medical care. Motion to open case made by Jim Runyon. Seconded by Tracy Wright. Motion passes.
23-090-9013 - Special Education Program - Improper use of and documentation of a physical restraint, the complaint alleges school staff used a physical restraint on a 15 year old student with Down Syndrome. The student had three staff "holding him down" in a crowded area. The student reported that their heart hurt and felt scared. The school staff completed a restraint form but the document has incorrect times listed. The document alleges the student was restrained for 6 minutes from 11:00am-11:06am but in reality, was physically restrained for up to 30 minutes. A parent received a phone call at 11:12am and it is a 16 minute drive for them to drive to where the incident occurred. When the parent arrived the student was still in restraint. Motion to table case opening and send another made by Meri Tucker. Seconded by Jim Runyon. Motion passes.
23-090-9014 - Inadequate mental health care and patient right to care violation, the complaint alleges that a patient had concerns with a male nurse who was assigned to their care during a shift. The patient did not want to take medications from this nurse. Patient felt that this nurse had violated a patient's HIPAA rights earlier in the shift when the nurse approached the patient, who was sitting at a table with others, and asked the patient about a fall that had occurred in the shower. The complaint further alleges that a patient asked to take medications from another nurse but two other nurses told the patient they had to take medications from this particular nurse. Motion to table case opening pending consent to release information made by Meri Tucker. Seconded by Shannon Dault. Motion passes.
Draft Report:
22-090-9002 - UnityPoint Healthcare Methodist/Proctor - motion to approve draft report and send to provider made by Meri Tucker. Seconded by Mandy Swartzendruber. Motion passes.
23-090-9003 - McLean County Jail - motion to approve draft report and send to provider made by Jim Runyon. Seconded by Meri Tucker. Motion passes.
Case Closures:
21-090-9019 - UnityPoint Healthcare Methodist/Proctor - motion to grant requested extension, table case closure pending response made by Meri Tucker. Seconded by Mandy Swartzendruber. Motion passes.
21-090-9022 - Carle BroMenn Hospital - motion to table case closure pending further second response made by Jim Runyon. Seconded by Meri Tucker. Motion passes.
22-090-9003 - Dunlap School District - motion to table case closure pending third response made by Jim Runyon. Seconded by Meri Tucker. Motion passes.
Other Business:
23-090-9002 - Peoria County Jail, board voted to send meeting follow-up letter to State's Attorneys attention along with other jail contacts and request documents be sent to the HRA prior to the next meeting, by 3/10/23.
23-090-9001 - Peoria County Courthouse, public website was reviewed by board on how to make an ADA Accommodations request. Board is satisfied with public website. Will ask if an easier link or tab could be added to each courthouse's official website.
23-090-9008- RCAP, board reviewed the CILAS training log and curriculum on special diets and received confirmation that Ambu-bags have been purchased for their homes and staff trained
ADJOURNMENT
23-090-9001 - Peoria County Courthouse, public website was reviewed by board on how to make an ADA Accommodations request. Board is satisfied with public website. Will ask if an easier link or tab could be added to each courthouse's official website.
23-090-9008- RCAP, board reviewed the CILAS training log and curriculum on special diets and received confirmation that Ambu-bags have been purchased for their homes and staff trained
ADJOURNMENT
Tracy Wright adjourned the meeting at 1:04pm.
https://gac.illinois.gov/content/dam/soi/en/web/gac/press/documents/minutes/2023/Peoria01252023Minutes.pdf
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