Illinois Guardianship and Advocacy Commission Egyptian Regional Human Rights Authority met Jan. 26.
Here is the minutes provided by the Commission:
The regular meeting of the Human Rights Authority (HRA) was held at Shawnee Community College Extension, 1150 E. Vienna St., Anna, IL. Chairperson Paul Jones was present but had laryngitis, therefore the consensus agreed to have Ginger McBride act as Chairperson for this meeting. The Secretary, Kathy Rambeau, was absent so the members present agreed to have Kim Conway take the minutes for this meeting. Ginger McBride called the meeting to order at 5:21 p.m. and read the confidentiality statement. A quorum was not present.
Members Present: Victor Metzger, Ginger McBride, Paul Jones and Kay Phillips. Members Absent: Ryan McAllister, Linda LaFoon and Kathy Rambeau Staff Present: Kim Conway Guests: Dawn Lamp, Coleman Tri County
Heather Casner
Minutes: Since there was not a quorum present, the November 17, 2016 meeting minutes could not be approved.
Communications: Kim Conway shared the link to the comptroller’s website where members can check on the status of their outstanding travel vouchers. Kim shared three articles with the group one regarding the medical cannabis pilot program and how it applies to group homes, the second was regarding the use of restraint and seclusion in schools and the final article discussed the status of the Ligas settlement and how case coordination agencies will handle recipients who are on the list to be transferred but are not progressing towards that goal. Kim then discussed the agency’s goal of increasing community awareness about our agency and asked board members if they would be interested in attending expos and other outreach events and also to let Kim know of any they are aware of that the HRA might be involved in. Finally the board was notified that Rebecca Lewey and Mary McMahan had both turned in their resignation from the board due to their current employment and the demands related to that. Rebecca has expressed interest in returning later in the year if there is a vacancy at that time.
Ratifications: None
New Complaints:
17-110-9008 State Operated Mental Health Facility – Alleges inappropriate admission. A person with a developmental disability as his only diagnosis was placed in the mental health facility rather than a facility serving individuals with developmental disabilities after receiving a detail and evaluate order from a judge due to aggressive behavior at his CILA home. A signed release has been received. Kay Phillips made a motion to accept the complaint for investigation, Paul Jones seconded and it carried.
17-110-9009 State Operated Mental Health Facility – Alleges a recipient’s phone privileges have been excessively restricted. The recipient made a call in April to a staff person who had previously filed a complaint against him. Since then, the recipient has had to get permission from a Unit Director and Social Worker to make a phone call and his calls have to be made in his therapist’s office. The complainant felt this violated the recipient’s right to make private calls.
When the recipient has inquired with his treatment team about how long the restriction will continue, he is told it can last forever. A restriction of rights is completed every 30 days and the restriction is renewed. The HRA has a signed release. Paul Jones made a motion to accept the complaint for investigation, Kay Phillips seconded and it carried.
17-110-9010 State Operated Mental Health Facility – Alleges a recipient’s emergency preferences were not followed and the recipient was placed in restraints without meeting criteria. The recipient’s emergency preferences are seclusion, medication and then restraints. During this incident, the recipient was placed in restraints and given emergency medication. The HRA has a signed release. Victor Metzger made a motion to accept the complaint for investigation, Kay Phillips seconded it and it carried.
17-110-9011 State Operated Mental Health Facility – Alleges communication is hampered because mail is not delivered on weekends or state holidays when the post office is open. Kim Conway checked with two other state operated facilities on their mail policy and neither of them delivers mail on weekends or state holidays. Kim also checked with this facility’s policy which stated that mail is only delivered Monday through Friday. The Mental Health Code requires “reasonable” access to communication by mail, telephone and visitation. After discussion, the board contended that Monday through Friday mail delivery was reasonable considering the fact that recipients still have access to telephones and visitation during that time. Paul Jones made a motion to not accept the complaint for investigation, Victor Metzger seconded and it carried.
Other New Business: The board met the new applicant, Heather Casner. After discussions, the board did not have any concerns with her application and the consensus decided to recommend her to the agency Director for formal appointment to the board.
Unfinished Business: Kay Phillips made a motion to enter into closed session at 6:05 p.m. pursuant to Section 21 of the Guardianship and Advocacy Act (20 ILCS 3955/21) and Section 120/2 (c) (4) of the Open Meetings Act (5 ILCS 120/2); the motion was seconded by Victor Metzger and it carried. The following summary of items was discussed in the closed session: case progress was reviewed for 16-110-9014, 16-110-9016, 16-110-9017, 17-110-9001, 17-110- 9002, 17-110-9003, 17-110-9004, 17-110-9005 and 17-110-9006; the draft reports were reviewed for 16-110-9012 and 16-110-9013. Case closure was considered for 16-110-9005. Paul Jones made a motion to return to open session at 8:18 p.m. having taken no action in closed session, Victor Metzger seconded and it carried.
In Order to accommodate guest, Dawn Lamp from Coleman Tri- County, the board discussed the draft report for 16-110-9013 first.
Draft Report:
16-110-9013 Coleman Tri County – Alleges discrimination based on disability involving a spring dance for recipients and inadequate care and treatment. The board shared their findings with Ms. Lamp noting that there was one substantiated finding. Ms. Lamp presented the board with information she believed contradicted the finding. Kim Conway encouraged her to include that in her written response for the board to consider. Ms. Lamp left the meeting at 6:30 p.m. The board discussed one of the suggestions included and revised it slightly. Victor Metzger moved to accept the draft report as revised, Paul Jones seconded and it carried.
Case Progress Reports:
16-110-9014 Chester Mental Health – Alleges emergency medication was given when criteria was not met. Also alleges inadequate care due to meal plans not being followed which results in lack of caloric requirements in meals. The HRA toured the cafeteria and units to compare menus to what was being served for a third time. Some staff interviews were also completed along with a detailed chart review. The case is ready for report.
16-110-9016 Chester Mental Health – Alleges a recipient did not receive treatment to attain fitness after 90 days of being at the facility and a recipient was denied access to his chart. The recipient has been transferred from the facility. The chart review was completed. The case is ready for report.
16-110-9017 Chester Mental Health Center – Alleges inhumane care due to negative staff interactions which violate the code of conduct policies and also alleges lack of active mental health treatment. Chart reviews were completed. Staff training records were received on the new DHS policy on staff code of conduct. Ongoing complaints about staff treatment continue to be received. Staff interviews need to be conducted once chart information is reviewed in detail. The case is still under investigation.
17-110-9001 Integrity of Anna – Alleges inadequate care and treatment due to a stroke patient not getting the necessary treatment to fully recover. The site investigation was completed and additional information and policies were requested. The case is still under investigation.
17-110-9002 Franklin County Jail – Alleges inadequate treatment of a person with mental illness. Medical records have been received from the jail. Once a detailed review has been completed, the case may be ready for report.
17-110-9003 Chester Mental Health – Alleges inappropriate seclusion for 11⁄2 hours for talking in the lunch line and/or hallway and no restriction of rights form given when property was restricted. The site visit was completed and the chart reviewed. Pertinent staff persons were also interviewed. The chart information needs to be reviewed in detail and then the case will be ready for report.
17-110-9004 Chester Mental Health – Alleges a recipient is not being served in the least restrictive environment. The chart review was completed and the information received needs to be reviewed in detail. The case is still under investigation.
17-110-9005 Hamilton Memorial Hospital - Alleges a patient with a disability was discriminated against and received inadequate medical treatment. The HRA met with the guardians as well as the hospital administration and staff. Additional interviews may need to be completed. Chart information was received and needs to be reviewed. The hospital also sent the HRA a copy of the report from the Health Department’s investigation and that information was shared with the board members. The case is still under investigation.
17-110-9006 Oblong Elementary School - Alleges a child’s educational and behavioral programs were not properly followed, a teacher was not properly trained to work with students with disabilities and the school failed to communicate with the parent/guardian. The release was received in January after a second request was made. The site investigation needs to be scheduled. The case is still under investigation.
Draft Report:
16-110-9012 Choate Developmental Center – Alleges recipients with no guardian and lacking decisional capacity, have been given medication without signed consent or a court order. It also alleges that petitions for guardianship were not filed properly. The board reviewed the draft report and had no additional comments or suggestions. Kay Phillips made a motion to approve the draft report as stated, Victor Metzger seconded and it carried.
Closure:
16-110-9005 Chester Mental Health – The board reviewed the additional information received regarding service of individuals at Chester for court dates. The board had no additional concerns. Kay Phillips made a motion to close the case and make the report public, Victor Metzger seconded and it carried.
Other Unfinished Business:
The vote on whether or not to keep executive minutes from July, September and November, 2016 confidential was on the agenda for this meeting. However, since there was not a quorum present, a vote could not be obtained. The board will vote on all the minutes at the next meeting.
The next meeting is scheduled for 5:00 p.m. on March 23, 2017 at Bandana BBQ meeting room, 309 East Main St., Carbondale, Illinois.
Kay Phillips made a motion to adjourn the meeting at 8:28 p.m. Victor Metzger seconded and it carried.
https://www.illinois.gov/sites/gac/Press/Documents/minutes/2017/egypt01262017minutes.pdf
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