Blog Topic

Qualifications for Group Home Residents
Posted by: Craig A. Knapp
February 09, 2012

A Phoenix mother spent years staying at home, trying to help her lovable 12-year-old son with severe Autism. His violent outbursts were often times too difficult for her to handle, but she was afraid that looking into a group home for her child would seem like she had given up and that she was a bad mom. One day, when she was driving her son to school, he began hitting her while she was driving. As a smaller kid, she was able to manage his outbursts, but at the age of 12, she couldn't control his anger anymore. With two other sons in the house constantly walking on eggshells to keep their brother calm, this Phoenix mom was faced with a choice: get her son the help he needs by sending him to a group home or continue to endure his violent outrages and hope for the best.

Although it is an extremely difficult decision to make, a group home is sometimes the best option for children with severe disabilities. The Department of Developmental Disabilities (DDD) in Arizona provides support and services to eligible people with autism, cerebral palsy, epilepsy, or cognitive disabilities. Below are some details regarding qualifications for receiving assistance:

-Must be an Arizona resident with a social security number

-Person of any age who applies voluntarily

-If your child is under 3 years old: must exhibit significant developmental delay or is at risk for developmental disability

-If you child is between 3 to 6 years old: at risk for developmental disability

-If your child is 6 years or older:

1.) Has diagnosis of: Cerebral Palsy (CP), Autism, Epilepsy, or Cognitive Disability

2.) Disability must occur prior to age 18

3.) Must have "substantial functional limitations" in 3 of 7 areas:

-Self care (bathing, hygiene, eating, etc...)

-Receptive & expressive language

-Learning (acquiring & processing information)

-Mobility

-Economic self sufficiency

-Capacity for independent living

-Self direction (making financial and independent decisions)

For more information on receiving support and services from the DDD, click here.

Group homes can be beneficial in helping you and your loved one get the help you both need. Before entering your loved one in a group home, make sure you do your research to find the right one for you. Knapp & Roberts has experience in group home abuse and neglect cases. Search our blog for tips on finding the right group home for you.

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Prevent Choking in Group Homes
Posted by: Craig A. Knapp
January 09, 2012

In a recent investigation into the state care system in New York, The New York Times came across some shocking finds. In our last blog, When Around Water: Insist on One to One (1:1) Care, we explored their results when researching unnatural death cases and drowning cases in the state. In this same study, The New York Times found that a quarter of all 222 death cases they reviewed were the result of choking. This number is astounding when considering the simple measures that can and should be taken to prevent choking.

In June 2010, Cynthia Dupas, 51, left her room one morning in a state run group home in New York and wandered into the kitchen. Although the kitchen was supposed to be locked to prevent residents from coming in without supervision, someone had failed to do so the night before. The fridge contained a large piece of London broil marinating for the next day's meal. She bit off a piece of the raw beef and collapsed outside her bedroom where she died.

Cynthia is one case among dozens of others who died due to lack of supervision and carelessness in operation standards. The New York Times found that "in each case, the response suggested by the Commission on Quality of Care was mostly limited to the place where the death occurred." The workers who made mistakes were disciplined in some way or retrained.

However, some other states took broader action in order to prevent recurring instances. Ohio officials issued a statewide alert in 2006 upon seeing an increase in choking deaths. In 2007, California noticed a rise, as well, and started an educational program that effectively reduced deaths.

In many death cases, an underlying contributing factor in recurring choking instances is a lack of understanding in terminology. For instance, "bite-size" and "chopped" can be easily confused. Because of this, The Commission on Quality of Care asks individual homes to regularly revisit those terms, but the state has not resolved varying interpretations.

Connecticut was running into a similar problem, therefore the state compiled training materials that precisely define those terms with photographs and dimensions. Since implementation, the state has seen a reduction in choking which they believe is due to their training manual.

Arizona does not currently have a standard of measurement like Connecticut has. Because of this, it's vital that you take every step possible to clarify and communicate your loved one's needs to their caretaker and group home. Some basic guidelines to follow are:

1.) Be specific. As you can see, many deaths result due to lack of understanding in terminology. Rather, than say "bite-size" pieces, clarify by saying "dime-size." Also, instead of saying "supervision while eating," specify if they need "one-on-one supervision while eating."

2.) Reiterate. It may feel obnoxious to repeat your self, but it's the most effective way to ensure understanding and enactment of your loved one's needs. Therefore, in addition to verbally telling their caretaker their needs, it's best to show them, and most importantly, write it down. Writing down your requests is the best way to hold someone legally accountable for their actions if their actions differ from your written request.

 3.) Ask questions. If your loved one is a choking victim, make sure you ask specific questions to avoid accidents. For instance, "What measurements are taken to prevent choking in your group home? Are the kitchens locked at night? Are alarms set? Are their video cameras in the home monitoring the residents? What's the minimum amount of caretakers working at one time? What's the patient/caretaker ratio? Has there been choking incidents before and if so, what measurements were taken to avoid them in the future?" Asking specific questions helps you understand what kind of care your loved one is receiving. Getting documented proof of their functionalityand promises is also a great way to legally ensure you're getting what you were told.

Despite all steps you take to ensure the proper care of your loved one, incidents can still happen. If you feel as though your loved one was neglected or mistreated resulting in medical problems or fatality, seek help. Knapp & Roberts has the experience and knowledge to help you through this difficult time and ensure that others do not endure the same mistreatment you received. We care about the well-being of those who can't help themselves. Give us a call.

Source: In State Care, 1,200 Deaths and Few Answers

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Ensuring Fire Safety in Group Homes
Posted by: Craig A. Knapp
January 04, 2012

There are so many things that able-bodied and able-minded people don't consider from day-to-day. It's common to take for granted the ability to walk, understand, communicate, rationalize, and problem-solve--all of which work together to help in various potentially dangerous scenarios.  Due to the ease and automation of these functions, it's easy to not even consider possible disastrous scenarios such as a fire and the safety measures a group home should take to ensure functionality in exiting procedures. However, a study by The New York Times proves the importance in considering evacuation and fire safety in a group home.  

A grassy field and driveway serve as a sad reminder to surrounding neighbors in a small Adirondack town of Wells, New York. About two and a half years ago, this field was the home of nine developmentally disabled residents. In March 2009, shortcomings in this home's safety measures caused the house to burn to the ground when a fire started one morning, killing four of the residents in the home. 

According to The New York Times, "The fire revealed shortcomings in staff training and safety standards. And the home's evacuation plans were based on unrealistic expectations that developmentally disabled residents would be able to flee in an emergency." Incidents like the March 2009 fire are an opportunity for the state to learn from and set more strict standards on smaller group homes regarding fire safety, especially considering that smaller group homes now hold a majority of New York's developmentally disabled population. However, as of now, only larger institutions have extensive fire safety measures. The group home from the March 2009 fire had some safety features, like sprinklers in various parts of the house, but was permitted to meet building codes for homes with able-bodied residents who know they should flee from a fire. 

Additionally, the fire department was not made aware that they were being called to a house with nine developmentally disabled residents. Therefore, they arrived ill prepared. Upon further investigation following the fire, state investigators also found that fire drills were being faked and implausibly speedy times were being claimed. Lastly, The New York Times found that, "The staff also seemed unprepared; time was spent battling the fire with an extinguisher instead of evacuating residents."

All of these shortcomings resulted in a fatal outcome for this group home, and they're not the only ones. Fire safety is exceedingly important in homes containing those who are disabled. When looking for a home for your loved one, it's important to ask questions regarding instances that could arise, such as a fire. This is why it?s vital to do your research before choosing a home for your loved one and to ask as many questions as possible. Since the above fire, tighter rules have been implemented guiding new construction, and outside supervisors for fire drills have been brought in, as well as outside experts for inspections.

In every incident of neglect and abuse in a group home, a positive outcome can come resulting in protection for future residents. If your loved one has been the victim of a similar abuse or neglect incident in a home, seek help. Although you can't take back what happened to your loved one, you can prevent the same thing from happening to someone else. Had the March 2009 fire not been investigated further, new building codes and safety measures would not have been implemented, which could result in another fatal fire. Knapp & Roberts is committed to helping those who can't stand up for themselves. Please reach out if your loved one has endured abuse or neglect in a group home. We have the experience to assist in guiding you through this difficult time. We care, let us help.   

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Finding a Group Home For Your Loved One With Special Needs
Posted by: Craig A. Knapp
June 01, 2011

Every parent wants the best for their child. They want their child to be happy and feel loved. They want their son or daughter to do succeed in life and participate in things they enjoy doing. Most importantly, though, a parent wants their child to be safe. Moms and dads go through great lengths to ensure their child's safety.

As parents age and their special needs child reaches adulthood, it becomes increasingly important that their special needs son or daughter has someone to watch over them, care for them, and love them after their parents are gone.

Maybe you're not the parent of a special needs person. Maybe you're the sibling, grandparent, cousin, or relative of a special needs person and you've been taking care of them. Sometimes a special needs loved one requires constant supervision, and as much as you'd like to be able to take care of your loved one, it is difficult to dedicate all your time to do so and still be able to take care of yourself. What's more, it can seem even more difficult to find a place for your loved one to stay and be taken care of the way you want them to be taken care of.

We at Knapp & Roberts understand that finding a group home can be difficult, stressful, and exhausting, and we want to help. Below are a few ways to find the safest group home for your loved one that feels right:

-Do your research. Find group homes around the area you want, and do some research on them. Type the group home's name into a search engine and see what information comes up. This is an easy first step to ruling out group homes that have outstanding or past cases against them, or that have had bad publicity or reviews against them.

-Check it out. Visit the facility and see how it feels. Contact the facility and ask if you can take a look inside. Don't be afraid to see how the caretakers interact with other people's loved ones. Take a look at how well-maintained the facility is. Is it clean? Is it inviting? Does it seem like the right environment for your loved one?

-Meet the workers. The people working atthe group home will be the ones spending time with your loved one everyday. Talk to them. The best way to find out if your loved one will be comfortable with them is to find out if you are comfortable with them. Find someone you get along with. Chances are, if you find someone similar to you that you get along with, your loved one will feel more comfortable with them, too.

-Contact DDD. Ask DDD (Department of Developmental Disabilities) questions about the group home. For instance, has the home had any investigation findings of abuse or neglect? Are they under investigation now for any allegations of abuse or neglect? Have they been sued in the past for abuse or neglect? Also ask DDD to see the file of the group home. There is a lot of information about staff training, citations, care issues, and other things you may find helpful.

These are only a few ways to find a group home for your loved one that is safe and feels right. Despite every measure you take to be involved and find the right home for your special needs loved one, abuse and neglect can still take place in a group home. If you or your loved one has been a victim of abuse or neglect in a group home, give Knapp & Roberts expert attorneys a call. We want to make sure that no one with special needs is mistreated....now or in the future. We care about your loved one. Let us help.

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