The Center for Disability Rights, Law, and Advocacy

FOR INFORMATION CONTACT: Timothy F. Shaw, CEO 402-474-3183

E-mail: tim@nas-pa.org

May 17, 2007

The recent survey of the Beatrice State Developmental Center (BSDC) and resulting notification of Immediate Jeopardy by the federal Center for Medicare and Medicaid Services raises serious questions regarding the ability of the Nebraska Health and Human Services System to protect Nebraska’s vulnerable citizens in its care and custody. Nebraska Advocacy Services, Inc., the Center for Disability Rights, Law and Advocacy (NAS), calls upon Governor Heineman to demonstrate bold leadership in addressing the conditions in state operated residential facilities not only for people with developmental disabilities, but for people with mental illness and veterans as well. NAS Chief Executive Officer, Timothy F. Shaw, states, "Repeated surveys of conditions at state operated regional centers and veteran facilities have documented the failure of the Nebraska Health and Human Services System to permanently resolve serious deficiencies that threaten the health, safety, and lives of residents who are there to receive care and treatment. It is time for Governor Heineman to issue an Executive Order to create the Nebraska Governor’s Commission on Care and Treatment of Residents in State Operated Facilities. The Commission should develop recommendations addressing the previously documented serious systemic and facility-based issues and deficiencies that impede the protection and safety of the residents who live in state operated facilities."

Such a bold move is not without precedent. Forty years ago this year Governor Norbert Tiemann, a Republican, established a Citizens Study Group on Mental Retardation in response to concerns regarding deplorable conditions at the Beatrice State Home. The consequences of Governor Tiemann’s vision and leadership in establishing the Citizens Study Group were remarkable. During the next few years Nebraska enacted numerous legislative and policy changes that led to the development of the first system of community based services for people with mental retardation in the United States. "It is time for Governor Heineman to rise to the challenge and exercise bold leadership that ensures the protection and safety of Nebraska’s most vulnerable citizens.", concluded Mr. Shaw.

The Center for Disability Rights, Law, and Advocacy

Mr. Shaw, stated, "Nebraska Advocacy Services, Inc. (NAS), is conducting a comprehensive investigation of the conditions for Nebraska citizens who reside at BSDC which includes an extensive review of policies, procedures, and practices; an analysis of hundreds of incident reports involving peer to peer violence; staffing patterns on particular residential units and the continued level of violence at these identified residences. In July, NAS will release a report that identifies recommendations for systemic and legislative changes to improve conditions; ensure the protection and safety of residents; and secure the constitutional and civil rights of Nebraska’ citizens who are under the care and treatment of the Nebraska Health and Human Services System."

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