Crimes Against People with Disabilities

A Clearinghouse

"We couldn't possibly know where it would lead,
but we knew it had to be done."  

-- Betty Friedan, on the Women's Movement            

The purpose of this blog...

(FYI: This blog has a new URL: www.crimesagainstpwd.com)
   

Open abuse registry to public, mom says

She calls dependent adult abuse 'Iowa's dirty little secret' 

Lee Hermiston • Iowa City Press-Citizen • September 2, 2009

Ryan Mulhausen, who suffers from Fragile X Syndrome and autism and has a disorder that gives him seizures, was in his room early last Nov. 11.

At 7 a.m., Ryan, 29, who requires 24-hour care, was visited by a caretaker who came into his room at his Iowa City condominium to give him his medication. Mulhausen didn't want it -- he takes his medicine precisely at 8:30 a.m. and people with Fragile X syndrome are very strict about their schedules, said his mother, Teresa Mulhausen. The caretaker persisted, Teresa Mulhausen said.

She said her son, who has issues with aggression, warned the female caretaker that he would hit her. She came into the room anyway and, true to his word, Ryan hit her, the mother said. The caretaker, employed by Systems Unlimited, hit Ryan Mulhausen back, giving him a black eye, Teresa Mulhausen said.

She says her son was the victim of dependent adult abuse, which she calls "Iowa's dirty little secret." Why? Because although anyone, anywhere and at any time can search Iowa's sex offender registry, the dependent adult abuse registry is not available to the public.

Now, Mulhausen is telling her story to anyone who will listen, including writing letters to Gov. Chet Culver. Mulhausen wants to encourage other parents of dependent adults to speak out.

"I would like to invite other parents to come forward with their stories so we can get a more accurate look at what the dependent adult occurrence is in the state of Iowa," she said.

The case was investigated by the Iowa Department of Human Services, Mulhausen said. In March, the case came back founded -- the worst distinction. When a case is deemed founded, the offender must be terminated and they are placed permanently on the dependent adult abuse registry.

To learn if a person is on the abuse registry, someone has to mail a form to the Department of Human Services. DHS maintains the right to deny requests, however.

"I could look up a sex offender," Mulhausen said. "It's incredible. But, a dependent adult abuser, you can find nothing on."

DHS spokesman Roger Munns said a person must give written consent to have their name checked in the adult abuse registry. The registry is not meant to be secretive, Munns said, but to protect people who haven't been charged with a crime.

"We can't just have anybody out there scouting around in the list," he said. "Of course, it's not a secret. This is a very serious problem. We encourage people to report it if they see it."

Munns said the fundamental difference between the dependent adult abuse registry and the sex offender registry is that the sex offender registry is run by the department of public safety and the adult and child abuse registries are run by DHS. Both registries are used by potential employers, Munns said, but only the DHS-run registries are private.

That's because everyone on the sex abuse registry has been convicted of a crime. In many cases, child and dependent adult abuse are not necessarily crimes and instances of abuse can wind up on the registry with only a "preponderance of evidence."

"That's a very much lower standard than what you need to find for a crime," he said.

This June, there was another incident, according to Mulhausen, again at her son's condominium. She said her son's caretaker left in the night, apparently got drunk and was arrested for drunken driving. It wasn't until 3:30 a.m. that another caretaker from Systems Unlimited took his place at Ryan Mulhausen's condo. Teresa Mulhausen said it was the caretaker's second drunken driving offense.

DHS investigated that case, too. The case came back confirmed. A confirmed means there is a preponderance of evidence the event did occur, but it is unlikely to occur again. The event is recorded in the employee's file and expunged after five years.

The confirmed distinction is Teresa Mulhausen's biggest beef. According to her, when investigating reports of abuse, DHS investigators search for prior history. However, if that prior history is expunged after five years, she said, how do they know about prior offenses?

"I believe that's information that should never leave somebody's record," Mulhausen said.

Munns said the Legislature created the confirmed distinction in the 1990s to have a third category to classify isolated, non-serious offenses that are unlikely to occur again.

"Without that option," Munns said. "it's likely that most of the cases that come back confirmed would be instead unfounded. It's better to have a record."

Systems Unlimited Executive Director Dion Williams said the staff members involved in the November 2008 and June incidents are no longer employed with Systems Unlimited. Williams said his organization takes reports of neglect or abuse seriously.

"Our guidelines we consider to be much stricter than DHS as far as what we will investigate," he said. "If it's something we considered to be bad practices that doesn't rise to the level of abuse, we will investigate it. People can and have lost their jobs for that."

Williams said when an incident is reported, that staff member is immediately suspended without pay while Systems Unlimited investigates the allegations. If the allegations are unfounded, then the staff member is brought back and paid for lost time. However, if Systems Unlimited believes the allegations are true, that person is terminated as of the start of their suspension.

"We take it very seriously," Williams said.

Systems Unlimited, which is headquartered in Iowa City, employs more than 800 people. The organization provides services to children and adults with disabilities, as well as children and families in the child welfare system.

Teresa Mulhausen said she's been asked why she doesn't just switch care providers for her son. She replies to them that she believes all of the service providers to be basically the same. What Mulhausen wants to see is improved training, more certification and better pay to attract a higher level of employees. And, when there is abuse, Mulhausen wants access to that information for everyone.

"We should be able to know who these people are and who they work for," she said.

Neglected: THE NEEDS OF PEOPLE WITH PSYCHIATRIC DISABILITIES DURING AND AFTER HURRICANES KATRINA AND RITA

"As a result of its research, NCD found that much pre-Katrina disaster planning did not contemplate the needs of people with psychiatric disabilities, and as a result, many people died or unnecessarily suffered severely traumatic experiences."

Read the position paper prepared by the National Council on Disability...

RIP Shylae Thomas

Lorrie Thomas, 39, of Flint is charged in connection with the death of her adopted daughter and niece, Shylae Thomas. 

(Detroit Free Press)
April 24, 2008

FLINT, MICHIGAN-- [Excerpt] Genesee County prosecutors today charged the adoptive mother of a quadriplegic 9-year-old girl with second-degree murder, and five other charges, alleging neglect and malnourishment caused the death of the girl who was found dead this week in a storage unit.

Murdered: Michael Ciro Nestoruk, 41

According to the police in Vancouver, Michael Ciro Nestoruk, homeless and a wheelchair user, was found dead outside an elementary school.

From the Canadian Press: Police spokesman Const. Lindsey Houghton says the investigation into Nestoruk's death has been a difficult one for even the most seasoned officers.

Police are asking anyone who may have seen Nestoruk in the hours before his death to contact them.

"Any information, even details that people might not think are important, could be very helpful to assist detectives in establishing a timeline and putting the pieces of this puzzle together," Houghton said.

Related Article:

Man found dead outside Vancouver school remembered by friends

Article: Sexual Violence within the Disabled Community

Here is an article by Amber A. Milks outlines Sexual Violence Within The Disabled Community.

Excerpted from the article are these statistics (which could use some updating):

• Among developmentally disabled adults, approximately 83 percent of females and 32 percent of males are victims of sexual assault. Johnson, I., Sigler, R. 2000. ''Forced Sexual Intercourse Among Intimates,'' Journal of Interpersonal Violence. 15 (1).

• 15,000 to 19,000 persons with developmental disabilities are raped each year in the United States. Sobsey, D. 1994. ''Violence and Abuse in the Lives of People with Disabilities: The End of Silent Acceptance?''

• Of the developmentally disabled victims, 49 percent will experience 10 or more abusive incidents in their lifetime. Valenti-Heim, D., Schwartz, L. 1995. The Sexual Abuse Interview for Those with Developmental Disabilities.

• One study reported that 40 percent of women with physical disabilities reported being sexually assaulted. Young, M.E., Nosek, M.A., Howland, C.A., Chanpong, G. Rintala, D.H. 1997. ''Prevalence of Abuse of Women with Physical Disabilities.'' Archives of Physical Medicine and Rehabilitation Special Issue. Vol. 78 (12 Suppl. 5) S34-s3

• Among persons with psychiatric disabilities, the rate of violent criminal victimization including sexual assault was two times greater than the general population (8.2 percent vs. 3.1 percent) Hidday, V.A., Swartz, M., Swanson, J., Borum, R., Wagner, H.R. 1999. ''Criminal Victimization of Persons with Severe Mental Illness.'' Psychiatric Services 50: 62-68.

• Only 3 percent of sexual abuse cases involving people with developmental disabilities are ever reported. Valenti-Heim & Schwartz, 1995. The Sexual Abuse Interview for Those with Developmental Disabilities.

• Up to 99 percent of women with disabilities who are assaulted know the perpetrator. Network of Victim and Assistance & Berkeley Planning Associates, 1997.

It is vital to remember that it can be extremely difficult for any survivor of sexual violence to report the incident or seek assistance. Victims may carry a stigma believing that they will be blamed for the assault or that they will not be taken seriously. Members of the disabled community have the additional barriers affiliated with their disability that enhance reluctance of reporting.

Iowa agency discovers 21 men, all with mental health issues, housed inappropriately

Iowa agency: Housing disabled men was criminal
By NIGEL DUARA Associated Press Writer © 2009
The Associated Press
Feb. 10, 2009, 1:57PM

It will come as no surprise if the investigation into this reveals that these men were "used" as "laborers" illegally as well.  Time will tell...

Man in wheelchair "subdued" by Chicago Police Officer

WASHINGTON (CNN) -- A Chicago, Illinois, police officer who was videotaped beating a man restrained in a wheelchair at a hospital emergency room pleaded guilty Thursday to using "excessive or unreasonable force" against the victim, Justice Department officials announced.

Read the rest of the article:
By Terry Frieden
CNN Justice Producer

Thank you to Frida Writes for bringing this to my attention

Sex Abuse of Autistic Boy

Dan Morse, a Washington Post Staff Writer, reported on January 13, 2009 this story about a man charged with abuse of an 11-year old boy with autism.

Abdul Mohamed Kudsy has been charged with two counts of third-degree sexual offense and one count of sexual abuse.

Police asked that anyone who has information related to the case or Kudsy call 240-773-5422.

A Resource for People with Disabilities as Victims of Crime

At DisabilityInfo.gov , an online resource for people with disabilities, there are a number of links worth investigating.

MOPD and the Chicago Police Dept. to Hold Town Meeting

as posted on Access Living:

The Mayor’s Office for People with Disabilities and the Chicago Police Department
are teaming up to host a Town Hall Meeting

Wednesday, June 11, 2008
6:30 p.m. to 8:30p.m.

MOPD Field Office
2102 W. Ogden Avenue

MOPD and the Chicago Police Department have been working together to develop policies aimed at improving interactions between the disability community and the Chicago Police Department.

You’re invited to:

·  Meet representatives from the Police Department

·  Hear about how the Police Department is working with the disability community

·  Share your ideas, questions and comments

●●●●●●●●●●●●

Sign Language interpreters will be provided. To request reasonable accommodations, contact MOPD at least 72 hours in advance of the event with your specific request at (312)744-4495 (voice), (312) 744-4780 (TTY) or ldittman@cityofchicago.org.