Week In Review

State Capitol Week in Review

LITTLE ROCK – The federal government has gone to court to try to prevent any more children with disabilities from being admitted to the Human Development Center at Conway.

The state Human Services Department and the governor responded quickly and vigorously in defense of the quality of treatment at the Conway HDC. A spokesman for the state attorney general's office, which is defending the center, said expert witnesses will testify that conditions at Conway are legal and constitutional.

Depending on the outcome, the legal dispute could affect admissions and treatment policies at the other HDC's in Arkansas. They are at Warren, Booneville, Jonesboro, Arkadelphia and Alexander.

About 10 percent of the 521 people at the Conway center are children. About 95 percent of the center's residents have severe mental retardation and about 20 percent are in fragile health.

The federal and state governments have been in litigation since January of last year, when the United States Department of Justice alleged violations of federal laws protecting the rights of people in long-term care institutions. Five years ago the U.S. Justice Department notified the state of an investigation into the care of people at the Conway center.

The Justice Department's latest legal move was to file a motion in federal court seeking an order that would prevent any more children from being admitted to the Conway center. The Department said that dangerous conditions existed at the Conway center and that it was investigation accusations that children with developmental disabilities faced "imminent and serious threats" to their safety.

According to the Justice Department, in recent years three residents at Conway have died or suffered organ damage because staff mismanaged their medications. The Department alleged that staff relies too much on mechanical restraints such as straitjackets and chairs with clamps.

The Justice Department is also investigating conditions at the HDC's in Alexander, Arkadelphia, Booneville, Jonesboro and Warren, a spokesman said.

The governor's office said the motive for the U.S. Justice Department actions came down to its different philosophy on the best way of caring for people with severe disabilities. Federal officials are trying to phase out institutional care as much as possible because they believe community care is more effective. State officials say that some people have such severe disabilities that institutional care is the only option for their families.

According to the Disability Rights Center, an advocacy group, the Alexander HDC has 111 adult male residents with developmental disabilities and mental illnesses. The Arkadelphia center has 134 adults whose primary diagnosis is mental retardation. The Booneville center serves 142 people with developmental disabilities and many of them have mental illnesses. At the Jonesboro HDC there is room for 120 children and adults with severe developmental retardation. The Warren Center has 72 people with disabilities.

The number of people living at the HDC's will vary because some move back into the community and other people move into the centers.