A Critical Examination of State Agency Investigations into ...
A Critical Examination of State Agency Investigations into ... A Critical Examination of State Agency Investigations into ...
Diagram of the Anderson School campus in Staatsburg, New York, fromand front entrance sign (right).Web site (left)As a voluntary agency, the Anderson School is certified by OMRDD, whichissues an operating certificate for the residential components of the Anderson School,among other programs. The State Education Department licenses the private schoolcomponent.6It should be noted, in April 2004, CQC identified concerns regarding the care ofchildren at the Anderson School and alerted OMRDD. Both agencies independentlyvisited the Anderson School in attempt to correct some of these concerns. In May 2004,OMRDD conducted a survey of the Anderson School. A Statement of Deficiencies wasissued which cited the Anderson School for a number of shortcomings, including seriousand systemic deficiencies in the areas of investigations, incident review processes,6 8 NYCRR Part 200.42
medication administration, storage, and handling, and some physical plant conditions.The May 2004 Statement of Deficiencies also cited the agency for failing to immediatelyinitiate an investigation for serious reportable incidents and allegations of abuse and forallowing residence managers to investigate incidents in their own residences. “Thispractice presents an obvious conflict of and potential loss in objectivity,” according to thereport.It should also be noted that the OMRDD Division of Quality Assurance facilitatesmonthly “Early Alert” meetings to ensure strong internal communication betweenstakeholders regarding voluntary programs with significant or systemic issues. TheAnderson School was placed on “Early Alert” status, according to OMRDD Early Alertmeeting minutes, virtually every month from June 2004 through February 2007.APPLICABLE LAWS AND REGULATIONSThe Anderson School is governed by Mental Hygiene Law and by OMRDDregulations. The Mental Hygiene Law requires, among other things, that OMRDD isresponsible for delivering comprehensively planned care, treatment, and rehabilitation tothose with developmental disabilities; ensuring that consistent, high quality services areprovided and consumers’ personal and civil rights are protected; notifying lawenforcement if it appears that a crime may have been committed, reporting andinvestigating untoward incidents, and conducting inspections of facilities. 77 Mental Hygiene Law §§ 13, 16.43
- Page 2 and 3: Pursuant to Executive Law § 53, th
- Page 4 and 5: INVESTIGATION BY THE TACONIC REGION
- Page 6 and 7: The alleged abuse began in Septembe
- Page 8 and 9: Michael and Lisa Carey. Along with
- Page 10 and 11: The Careys filed a complaint with t
- Page 12 and 13: The Taconic Regional Office’s Inv
- Page 14 and 15: egulatory violations identified in
- Page 16 and 17: compared to consumers in state-oper
- Page 18 and 19: determined that Jonathan’s treatm
- Page 20 and 21: Statements from CQC executives and
- Page 22 and 23: investigating agencies or the Gover
- Page 24 and 25: 7. There is no justification for a
- Page 26 and 27: Legislative RecommendationThe Inspe
- Page 28 and 29: and give positive reinforcement for
- Page 30 and 31: separate reports. Taconic’s was i
- Page 32 and 33: 4. Did the investigating agencies e
- Page 34 and 35: in the Department of Special Educat
- Page 36 and 37: III. BackgroundNEW YORK STATE SERVI
- Page 38 and 39: abuse or maltreatment within New Yo
- Page 40 and 41: certain OMRDD-certified facilities,
- Page 42 and 43: instances in which the Anderson Sch
- Page 44 and 45: appropriateness of the Dutchess Cou
- Page 48 and 49: Additionally, the Mental Hygiene La
- Page 50 and 51: Among the protections offered in th
- Page 52 and 53: To ensure the safety of the residen
- Page 54 and 55: The reports are shared with the fam
- Page 56 and 57: esident’s physical condition, inc
- Page 58 and 59: He could also become physically agg
- Page 60 and 61: RESIDENCY AT THE ANDERSON SCHOOLIn
- Page 62 and 63: Shortly after his admission, Jonath
- Page 64 and 65: a snack such as cereal or verbal pr
- Page 66 and 67: weekend, his behavior was so bad, s
- Page 68 and 69: Experts retained by the Inspector G
- Page 70 and 71: The October 9, 2004, Anderson Schoo
- Page 72 and 73: eally losing it, going bananas basi
- Page 74 and 75: document indicated that Jonathan at
- Page 76 and 77: notified and she consented to the m
- Page 78 and 79: The Anderson School Executive Direc
- Page 80 and 81: naked to prevent him from leaving t
- Page 82 and 83: Anderson School Weekly Body Check F
- Page 84 and 85: continues. Does he take a multivita
- Page 86 and 87: Executive Director stated that arou
- Page 88 and 89: OMRDD regulations, OMRDD called the
- Page 90 and 91: CQC investigator’s notes reflecte
- Page 92 and 93: the psychiatrist wrote (in part),
- Page 94 and 95: V. State Agency Investigations of A
Diagram <strong>of</strong> the Anderson School campus in Staatsburg, New York, fromand front entrance sign (right).Web site (left)As a voluntary agency, the Anderson School is certified by OMRDD, whichissues an operating certificate for the residential components <strong>of</strong> the Anderson School,among other programs. The <strong>State</strong> Education Department licenses the private schoolcomponent.6It should be noted, in April 2004, CQC identified concerns regarding the care <strong>of</strong>children at the Anderson School and alerted OMRDD. Both agencies independentlyvisited the Anderson School in attempt to correct some <strong>of</strong> these concerns. In May 2004,OMRDD conducted a survey <strong>of</strong> the Anderson School. A <strong>State</strong>ment <strong>of</strong> Deficiencies wasissued which cited the Anderson School for a number <strong>of</strong> shortcomings, including seriousand systemic deficiencies in the areas <strong>of</strong> investigations, incident review processes,6 8 NYCRR Part 200.42
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