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ED263712.Pdf DOCUMENT RESUME ED 263 712 EC 180 982 TITLE Care of Institutionalized Mentally Disabled Persons. Joint Hearings before the Subcommittee on the Handicapped...and the Subcommittee on Labor, Health and Human Services, Education, and Related Agencies...United States Senate, Ninety-Ninth Congress, First Session, on Examining the Issues Related to the Care and Treatment of the Nation's Institutionalized Mentally Disabled Persons. Part 1 and Part 2 (April 1-3, 1985). INSTITUTION Congress of the U.S., Washington, D.C. Senate Committee on Appropriations.; Congress of the U.S., Washington, D.C. Senate Committee on Labor and Human Resources. REPORT NO Senate-Hrg-99-50-Pt-1 PUB DATE Apr 85 NOTE 951p. PUB TYPE Legal/Legislative/Regulatory Materials (090) EDRS PRICE MT06/PC39 Plus Postage. DESCRIPTORS *Child Abuse; *Civil Rights; Hearings; *Institutionalized Persons; *Institutions; Mental Disorders; *Mental Retardation ABSTRACT The proceedings of public :earings on issues related to the care and treatment of institutionalized mentally disabled persons are presented. Among the issues addressed are physical abuse and maltreatment of residents, excessive restriction of patients' liberties, absence of programing, and efforts to remedy these problems. Documentation appended to Part 1 includes a report of the Joint Commission on Accreditation of Hospitals, and the responses of W. Bradford Reynolds to questions submitted by Senator Weicker on the report: "Staff Report on the Institutionalized Mentally Disabled." The staff report (printed separately as Part 2) presents findings from a study of environmental conditions and physical health and safety in state mental hospitals. Staff visited 31 facilities and conducted an estimated 600 interviews with staff, patients, residents, facility administrators, state and federal officials and others in the field. It was concluded that on many wards, parents/residents are vulnerable to abuse and serious physical injury; that hospital staff are also at risk of serious physical injury; and that living conditions in many institutionsare unacceptable. Interviews also suggested that there is little treatment other than medication provided in many institutions. Monitoring information is reported in terms of accreditation and certification of state hospitals for the mentally ill, certification of institutions for the mentally retarded, and the Civil Rights of Institutionalized Persons Act. Further considerations for institutionalization of both the mentally ill and the mentally retarded are noted. The federal government's role with mental health systems is examined, including agency programs and federal initiatives. The final chapter reviews judicial decisions on constitutional rights of the mentally disabled, the right to treatment, and the right to refuse treatment. (CL) S. HRG. 99-50, Part 1 CARE OF INSTITUTIONALIZED MENTALLY DISABLED PERSONS JOINT HEARINGS BEFORE THE SUBCOMMITTEE ON THE HANDICAPPED OF THE COMMITTEE ON LABOR AND HUMAN RESOURCES AND THE SUBCOMMITTEE ON LABOR, HEALTH AND HUMAN SERVICES, EDUCATION, AND RELATED AGENCIES OF THE COMMITTEE ON APPROPRIATIONS UNITED STATES SENATE NINETY-NINTH CONGRESS FIRST SESSION ON EXAMINING THE ISSL..,S RELATED TO THE CARE AND TREATMENT OF THE NATION S INSTITUTIONALIZED MENTALLY DISABLED PERSONS U.S. DEPARTMENT OF EDUCATION NATIONAL INSTITUTE OF EOUCATION APRIL 1, 2, AND 3, 1985 EOUCATIONAL RESOURCES INFORMATION CENTEROKI hit document has been reproduced as recerved from the person or organization PART 1 ouginafing It t I Minor changes have been mad* to improve reproduction Quabty. Points of view or opinions stated in this &cu ment do not netessargy represent official NIE pobtion or Printed for the use of the Committee on Labor and Human Resources and the Committee on Appropriations U.S. GOVERNMENT PRINTING OFFICE 48-281 0 WASHINGTON : 1985 2 COMMITTEE ON LABOR AND HUMAN RESOURCES ORRIN G. HATCH, Utah, Chairman ROBERT T STAFFORD, Vermont EDWARD M. KENNEDY, Htu3sachuutts LAN QUAYLE, Indiana CLAIBORNE PELL, Rhode bland DON NICKLES, Oklahoma HOWARD M. METZENBAUM, Ohio PAULA HAWKINS, Florida SPARK M. MATSUNAGA, Hawaii STROM THURMOND, South Carolina CHRISTOPHER J. DODD, Connecticut LOWELL P. WEICKER, JR., Connecticut PAUL SIMON, Illinois MALCOLM WALLOP, Wyoming JOHN F. KERRY, Massachusetts CHARLES E. GRASSFL1, Iowa 110:4ALD F. Doom!, Staff Director KATHRYN O'L. limoms, Minority Staff Director SUBCOMMITTEE ON THE HANDICAPPED LOWELL P. WEICKER, JR., Connecticut, Chairman ROBERT T. STAFFORD, Vermont JOHN F. KERRY, Massachusetts DON NICKLES, Oklahoma PAUL SIMON, Illinois STROM THURMOND, South Carolina EDWARD M. KENNEDY, Massachusetts ORRIN G. HATCH, Utah (Ex Officio) JANE Wm Professional Staff SALLY Youu, Minority Pr,fessional Staff COMMITTEE ON APPROPRIATIONS MARK 0. HATFIELD, Oregon, Chairman TED STEVENS, Alaska JOHN C. STENNIS, Mississippi LOWELL P WEICKER, JR., Connecticut ROBERT C. BYRD, West Virginia JAMES A. McCLURE, Idaho WILLIAM PROXMIRE, Wisconsin PAUL LAXALT, Nevada DANIEL K. INOUYE, Hawaii JAKE GARN, Utah ERNEST F. HOLLINGS, South Carolina THAD COCHRAN, Mississippi LAWTON rHILES, Florida MARK ANDREWS, North Dakota J. BENNETT JOHNSTON, Louisiana JAMES ABDNOR, South Dakota QUENTIN N. BIADICK, North Dakota ROBERT W. KASTEN, JR., Wisconsin PATRICK J. LEAHY, Vermont ALVONSE M. D'AMATO, Now York JIM SASSER, Tennessee MACK MATTINGLY, Georgia DENNIS DECONCINI, Arizona WARREN RUDMAN, New Hampshire DALE BUMPERS, Arkansas ARLEN SPECTER, Pennsylvania FRANK It LAUTENBERG, New Jersey PETE V. DOMENICI, New Mexico TOM HA SKIN, Iowa J. KEITH KENNEDY, Staff Director and Chief Clerk REBECCA M. DAvws, Deputy Stoll Director FRANCIS J. SULLIVAN, Minority Staff Director SUBCOMMITFLE ON DEPARTMENTS OF LABOR, HEALTHAND HUMAN SERVICES, EDUCATION, AND RELATED AGENCIES LOWELL P. WEICKER, JR., Connecticut, Chairman MARK 0. HATFIELD, Oregon WILLIAM PROXMIRE, Wisconsin TED STEVENS, A'.;Iska ROBERT C. BYRD, West Virginia MARK ANDREWS, North Dakota ERNEST F. HOLLINGS, South Carolina WARREN RUDMAN, New Hampshire LAWTON ("MILES, Florida AP.LEN SPECTER, Pennsylvania QUENTIN N. BURDICK, North Dakota. JAMES A. McCLURE, Idaho TOM HARKIN, Iowa PETE V. DOMENICI, New Mexico DANIEL K. INOUYE, Hawaii Majority Professional Staff JOHN A DOYLE, RIKI POSTER SHEEHAN, CAROL ORTEGA,JAMES J. SOURWINE, STEVEN BONGARD, and TERRY MUILENBURG Minority Professional Staff Tom VAN DER VOORT and MARION R. MAYER Administrative Support PATRICIA F FAIRLY, NANCY C, ANDERSON, SUSAN GORMAN, and BARBARAL. RHODEN 4 CONTENTS STATEMENTS TUESDAY, APRIL 1, 1985 Page Cockerman, Mr. and Mrs. Harold, andson Chris, Fort Worth, TX; Wilbur Savidge and son Jonathan, Hurst, TX, ar.d DavidFerleger, Esq., Phi ladel- phia, PA 5 Prepared statement , Ferleger, David, Esq., prepared statement 36 Kelly, Maureen, Trenton, NJ 179 Prepare.l statement 185 Pharis, David B., coordinator, R.A.J. review panel,Austin, TX; and Clarence J Sundram, chairman, New York State Commissionon Quality of ,;are for the Mentally Disabled 235 Prepared statement 239 Ravencl, Arthur, Jr., State senator, State of South Carolina 209 Prepared statement (with attachments) 216 Sands, Carol, assistant deputy advocate, Departmentof the Public Advocate, State of New Jersey 78 Prepared statement (with attachments) 83 Savidge, Wilbur 1'L, prepared statement 17 Stafford, Hon. Robert T., a U.S. Senator fromthe State of Vermont, prepared statement 64 Sundram, Clarence J., chairman, New York StateCommission on quality of Care for the Mentally Disabled, prepared statement 268 Tolaka, Jenni. R.N., State of New JerseyDepartment of Human Services, Bureau of Mental Health Services, Trenton, NJ 192 Prepared statement 196 Weicker, Hon. Lowell P., Jr.,a U.S. Senator from the State of Connecticut, prepared statement 1 APRIL 2, 1985 Colson, Denise, East Lansing, MI 337 Goldstein, Bruce, Esq., Bouvier, O'Connor, Gegielski& Levine, Buffalo, NY 353 Prepared statement 355 Mathis, Vivian, adviser, Recipients Rights Office,Northville, MI 293 Prepared statement 295 Olenick, Yvonne, Middletown, CI' 361 Roee, Elena, Buffalo, NY 361 Tinsley, Mary, volunteer advocate, Roswell, GA 341 Prepared statement 344 Thompson, Barbara A., parent, prepared statement 369 Wellwood, Richard, president, Justice inMental Health Organization, Inc, East Lansing, MI 322 Prepared statement 327 WEDNESDAY, APRIL 3, 1985 Albanese, George J, commissioner, Department of Human Services, State of New Jersey, prepared statement 578 Baker. Milton, Syracuse Developmental Center,Syracuse, NY, and Lyle Van- dagr. iff, Metropolitan State Hospital, Norwalk, CA 462 Prepared statement 466 5 VI No Baade, Dena, Oklahoma City, OK, prepared statement 636 Barbett, Cynthia, Scranton, PA, prepared statement 562 Barthuly, Kaye, social worker, State of Kansas, prepared statement 612 Bell, Jeanne, prepared statement 647 Bruggeman, Robert, parent, prepa,red statement 551 Cirocco-Clinton, Alan, Troy, OHprepared statement 654 Croesmaker, Maureen, prepared statement.... 597 Cuomo, Frank G., chief executive officer, Trenton Psychiatric Hospital, pre- pared statement 581 Davies, Sue, exec.itive director, Berks County Mental Health Association, PA 552 Prepared statement 555 Deiker, Thomas, administrator, New Mexico State Hospital, Las Vegas, NM 533 Prepared statement 539 Fritz, Marti P., student, Wichita State University, Wichita, KS, prepared statement 621 Jones, Elizabeth, prepared statement 594 Kennedy, Hon. Edward M., a U.S. Senator from the State of Massachusetts, prepared statement 397 Kennedy, Michael, the Center on Human Policy, Syracuse University,
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