Disability Law

A disturbing story in the Dallas Morning News gives details from a state audit finding that Texas has hired caregivers who should have been ineligible due to past records of abuse. Here are excerpts:

The state institutions for people with disabilities are failing to find community-based homes for many patients who want them, and have hired 10 state school employees who should?ve been ineligible because of previous abuse and neglect records, according to a state audit released today.

While the Department of Aging and Disability Services has gotten better about listening to patients who want to move from state schools into the community, the report indicates 70 percent of patients who asked to leave the state schools in fiscal year 2007 weren?t granted their wish.

The audit also found 10 state school workers listed in the state employee misconduct registry ? meaning they had abuse or neglect records that should have made them ineligible for hire. The Dallas Morning News first identified several of these employees in May.

And though the agency investigates the overwhelming majority of high priority abuse and neglect incidents within one day, as required by law, they?re not so timely with ?level two? complaints. Over the last two years, only 41 percent of those were investigated within the required two-week time frame.