On April 19, 2007, CMS, while conducting an inspection of the Beatrice State Developmental Center, a state operated institution in Nebraska, met with HHSS Officials and notified them of the issuance of an Immediate Jeopardy (IJ) in:  “the facility’s system to prevent and detect abuse, neglect and mistreatment failed to adequately protect individuals from harm or potential harm. The facility did not thoroughly investigate all allegations of abuse, neglect, mistreatment and injuries of unknown source; the facility failed to ensure that sufficient safeguards were in place during the course of these investigations; and, the facility failed to take appropriate corrective action when a violation was verified” (CMS report, dated April 20, 2007).

The Arc of Nebraska had heard that an Immediate Jeopardy Citation has been issued and tried to obtain a copy of the report. We were unable to access the report from any source. The Arc of Nebraska did then submit a Freedom of Information Act request to the regional CMS office.

The only information that The Arc of Nebraska did receive was a copy of an email which had been sent to Nebraska State Senators which noted the “amazing change” and “tremendous progress” at BSDC. It also stated that while an Immediate Jeopardy (IJ) for the Condition for Client Protections has been issued, “There was no serious harm to anyone which usually triggers the Immediate Jeopardy finding” (email from HHSS to Nebraska State Senators, April 20, 2007). It is clear from reading the IJ report, that there was serious harm resulting from abuse and neglect of residents of the Beatrice State institution.

According to the Omaha World Herald (May 12, 2007) the immediate jeopardy citation and the state’s response were released by CMS after the Omaha World-Herald filed a Freedom of Information Act Request.

Once again, The Arc of Nebraska voices a unified vote of concern regarding the ability of officials in HHSS to both oversee and be held accountable for services provided to Nebraskans with intellectual and developmental disabilities. The Arc of Nebraska finds that it is imperative that an Independent Oversight Commission must be established with the requisite scope and authority to carry out actions necessary to provide for the well-being of people with disabilities through the provision of quality supports and services. An Independent Oversight Commission (IOC) is necessary to act as a sentinel body to end the crises we continue to watch unfold. The Arc of Nebraska recommends that the Independent Oversight Commission be established with at least fifty-one percent (51%) membership of self-advocates, family members, advocacy organizations and, including but not limited to community members, professionals outside HHSS and legislators. The Arc of Nebraska is committed to working with the Department, policy makers and others to create a high quality of supports and services for people with intellectual and developmental disabilities.

It is well past time for Nebraska to move forward, “Out of the Darkness” to ensure that all people have the fundamental moral, civil and constitutional rights to live, learn, work, play and worship in safe and healthy communities of their choosing. The $27.5 million federal Money Follows the Person Demonstration Grant received by the State of Nebraska to assist people to move from institutional facilities into the community is a positive action for meaningful change. It is time Nebraska move forward in recognition that people with developmental disabilities have the same constitutional rights to live in the community, safely and with a quality of life that we all expect and deserve.