Colorado human services officials violated the “privacy, dignity and respect” of people with disabilities — disregarding state policy and federal law — during body checks to determine whether residents at state-run group homes had been abused, the state public health department said Friday.
The report, from the Colorado Department of Public Health and Environment, was another blow for embattled human services director Reggie Bicha, already under fire after 84 state lawmakers signed a letter last month calling for leadership changes at his department.
The health department’s findings, based on interviews with group-home staffers and residents’ guardians, said human services officials failed to adhere to polices regarding “mistreatment, abuse, neglect and exploitation.”
Human services officials “could not provide a specific explanatory catalyst” for the body inspections, which happened in late March, the report said. Relatives of the residents complained that 62 people were “strip-searched” at 10 community group homes and a day center for people with developmental disabilities.
Human services officials did not allow the patients or their guardians to “give informed consent to inspections of their bodies,” the health department found. Also, the “body audits” or skin checks were conducted without adequately informing patients of their purpose.
“It was found in numerous instances that the search was conducted in such a way as to cause significant distress,” according to the findings.
Bicha, in an e-mailed statement, said he regretted not asking for guardian permission before the skin checks but that he had “significant factual basis to believe residents in all 10 group homes and the day program were subject to unacceptable and imminent risk to their health and safety.”
Among those searched, 40 residents previously were found incompetent in court to make decisions about their own health. Their guardians were not contacted, investigators found.
Patients who are nonverbal indicated through “behaviors” that they did not want to participate, “yet the inspections were conducted in spite of the persons’ protests,” state health officials said. “Ultimately, the body inspections resulted in the persons being confused, scared, and some were distraught to the point it negatively affected their behavior.”
The state health department investigation was prompted by a March 30 complaint alleging medical staffers entered the Pueblo Regional Center group homes “in mass” and “strip-searched” all of the residents.
State health officials called for a corrective action plan from human services officials, who released the plan in conjunction with the release of the investigative findings.
Human services executives in February and March learned of several allegations of resident abuse by center staffers — including some not reported to state health officials or law enforcement, Bicha said. There were reports that words were scratched into the backs and stomachs of nonverbal residents, that two unsupervised residents stole a vehicle, and that staffers had struck, choked, shoved and humiliated residents, he said.
“Due to the significance and severity of the allegations that had come to our attention, we needed to take swift action to ensure the safety and well-being of our residents,” Bicha said. “However, in hindsight, I wish we would have engaged the parents and guardians sooner.”
The body checks uncovered 10 suspected incidents of maltreatment. Pueblo County Sheriff Kirk Taylor recently announced he is seeking charges against seven current or former Pueblo Regional Center staffers who were involved in six cases of abuse, neglect or sexual misconduct.
As part of its corrective-action plan, the human services department will appoint a committee to review incident reports, medication and nutrition at the group homes. The department will create a “standardized consent process” for body checks. Also, staffers will have to report any allegations of abuse or exploitation to department executives within 24 hours.
Jennifer Brown: 303-954-1593, jenbrown@denverpost.com or twitter.com/jbrowndpost
