Decisive action
needed to protect vulnerable adults
A FEW YEARS AGO, Solicitor Barney Giese had to call in SLED to
get Richland County officials to notify police rather than doing
their own internal investigations of assaults and other crimes
committed at the county jail — some allegedly by jail employees.
The solicitor had to intervene because the county was violating
the public trust in a most basic way: You don’t allow someone with a
stake in the outcome to determine whether a crime has been
committed. People investigating their own organization too often
will give their colleagues the benefit of the doubt; at worst, the
practice can lead to a cover-up.
But according to a disturbing new report, this principle is
routinely ignored with allegations of abuse and neglect in the state
system that cares for those who are least able to defend themselves
— people with mental retardation, autism and developmental
disabilities.
The report, by the government-funded oversight group Protection
and Advocacy for People With Disabilities, found “a breakdown in
investigating widespread incidents of sexual and physical abuse and
neglect among South Carolinians with disabilities under the care of
state-funded agencies.”
Troubling cases of abuse and neglect had already come to light at
the private Babcock Center and the state-run Midlands Center. But
this report, which reviewed a sample of 50 cases over a two-year
period, dispelled any notion that those were isolated problems, and
underlined the need for reform of the laws and the culture
throughout the state’s residential care system.
The Department of Disabilities and Special Needs, which oversees
this system, responded by saying it follows the law — a law that
allows the agency to decide which allegations are serious enough to
be reported to police, and which it will handle internally, if at
all.
But even if that is true — and the report says it isn’t — it is
no excuse. The law merely allows the agency to investigate some
allegations internally; it does not mandate it. Nothing prevents the
agency from reporting all allegations to police.
The fact that it chooses not to do this — and that it sees
nothing wrong with the way it handles the abuse of those in its care
— underlines our concern that there is a serious problem in the
culture of the agency. And it suggests new management may be
needed.
The agency’s director works at the pleasure of an eight-member
board of part-time commissioners — a system Gov. Mark Sanford and
some advocates for the disabled correctly contend allows it to get
away with providing inadequate protection for those in its care. But
while we agree that the department should report directly to the
governor, Mr. Sanford already has the tools to force change: State
law allows him to replace every member of that governing board with
new commissioners dedicated to protecting the disabled rather than
protecting the agency and its contractors.
This report suggests that, unless agency officials can make a
better case than they have so far, the governor should do just that.
And when the Legislature convenes in January, it should make sure
that vulnerable adults in state care are protected. That should
start with requiring that independent investigators review all
allegations of abuse and neglect to determine whether they are
serious enough to be reported to police.
One way to judge the values of a society is to look at how it
treats its most vulnerable members. In light of this report, our
society does not look very
good. |