Abuse and Neglect
On October 3, 2008, Arkansas Attorney General Dustin McDaniel issued an opinion regarding Disability Right Center's authority under the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI) to access the records of a deceased individual who died while on the psychiatric ward of a private hospital, e.g. an autopsy report. The Attorney General found that "it would appear to be not only 'appropriate' but further mandatory as a matter of preemptive federal law for the prosecuting attorney to release the autopsy report" to the Disability Rights Center. To read the Attorney General’s full opinion click http://ag.arkansas.gov/opinions/docs/2008-149.pdf
In 1994, Dick Sobsey's book, Violence and abuse in the lives of people with disabilities: The end of silent acceptance? reported the conservative estimate by many experts that people with disabilities are at least four times more likely to be victimized than people without disabilities. Sobsey and other experts agree that individuals with cognitive impairments are at greatest risk of victimization.
People with disabilities have the right to be free from abuse, neglect and violations of their rights. DRC's Quality Assurance Team monitors conditions and treatment of people with disabilities receiving services in programs and facilities in Arkansas. There are other agencies in Arkansas that investigate allegations of abuse and neglect and two hotlines have been established:
| Child Abuse Hotline: | (800) 482-5964 | TTY (800) 843-6349 |
| Adult Abuse Hotline: | (800) 482-8049 | |
For complaints of abuse or maltreatment in long term care facilities, such as nursing homes, intermediate care facilities for the mentally retarded (ICFs/MR), and residential care facilities (RCFs), contact Department of Human Services, Office of Long Term Care at (800) 582-4887.
WHO MUST REPORT SUSPECTED ABUSE?
There are certain people who are required by state law to report suspected abuse or neglect. A list of people required to report suspected child abuse under Arkansas law can be found at the following website: http://www.arkansas.gov/reportARchildabuse/mandated_reporter.html
The requirement for reporting suspected abuse of an adult is very similar. A list of people required to report suspected adult abuse under Arkansas law can be found at the following website: http://www.aradultprotection.com/WhoReports.htm
Abuse & Neglect Investigations
- 6/6/2005: Three-month investigation concludes Arkansas State Hospital abuses patients
- 6/21/2005: Investigation finds death at the Arkansas State Hospital Preventable
DRC Priorities for Abuse/Neglect in Fiscal Year 2010
- DRC will assist people with disabilities in institutions, community settings and psychiatric programs in advocating receipt of services and supports in a safe environment.
- Monitor community settings and public and private facilities and investigate cases of suspicious deaths and claims of abuse, neglect, unlawful commitment, seclusion, physical or chemical restraint, and violations of rights.
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