Our vision statement: Disability Rights California will change the system so it values diversity, culture and each individual

Publications

California report on restraint and seclusion in schools expands into national issue

Excerpted from our 2008 Annual Report

Investigations Unit staff continued its work to prevent abusive restraint and seclusion practices in school settings.

Our investigation of these practices in California schools triggered in-depth coverage of the issue in 2008 by CNN and CBS, a nationwide report by the National Disability Rights Network, and interest in federal legislation to regulate school district practices. We have continued legislative efforts to upgrade state law to closely regulate the use of these dangerous practices, and are helping to remedy the impact of seclusion and restraint on students whose parents have complained to us.

In one case, a 16 year old female student was assaulted by an aide in her classroom. The aide hit the student in the stomach and knocked her backward to the floor. The aide then threw two chairs onto the student as she lay on the ground in a fetal position. Although the principal had the aide removed from the classroom, he did not notify the student’s parents that the aide had assaulted her. The district did not require that parents be notified when a student is the victim of an assault or suspected child abuse.

Investigations Unit staff worked to ensure that the student received appropriate services, and that the district modified its policy.

On the legislative front, we sponsored SB 1515 (Kuehl), to regulate the use of seclusion and restraint. The bill was vetoed by the Governor.

We plan to reintroduce legislation this year.

Abuse in skilled nursing facilities

The Investigations Unit also began looking into abuse committed by staff against people living in skilled nursing facilities. Based on reviews of 10 incidents, we concluded that there is an alarming pattern of under-reporting abuse and a lack of interest in pressing charges against the perpetrators. Some of the cases we are pursuing include:

  • Despite a large skin tear and adamant objections, a male resident was forced into a whirlpool bath where his sensitive skin tore during transfer. Although he screamed about the pain and demanded to be taken out, staff insisted he remain;
  • A nursing resident reported her rape to two members of the housekeeping staff and identified the alleged perpetrator. The housekeeping staff notified the charge nurse, who failed to make a report because she was “too busy,” and because she assumed housekeeping staff had followed up; and
  • Several incidences where direct care staff were observed pinching or slapping residents’ sexual organs; crashing frail, elderly wheelchair-using residents into walls; or leaving residents unattended, knowing they required supervision.

 

May 18, 2011