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              Tennesse Center Endangers Children

WASHINGTON, D.C.--The state of Tennessee has agreed to remedy the
substandard life-threatening conditions at the Arlington Developmental
Center, under a remedial order filed today in federal court by both the
state and the Justice Department.

In November 1993, the U.S. District Court in Memphis, ruled that the
Arlington Center failed to provide even minimal care to its more than
400 developmentally disabled residents.  It stated that substandard care
at the facility, located outside Memphis, "resulted in deaths that were
entirely preventable." The ruling came after a lengthy trial in which
Justice Department experts, former employees of the Center and family
members of residents testified about the abuse and neglect suffered by
the Center's residents.

"We remain committed to ensuring that the rights of citizens with
developmental disabilities living in state institutions are protected,"
said the Justice Department's Assistant Attorney General for Civil
Rights Deval L. Patrick.

Under the remedial order, the state commits to making a number of
systemic changes to ensure that the residents of the Center are
protected from harm and, where appropriate, are placed in more home-like
settings in the community.  The order also requires the state to:

    hire investigators and train and deploy staff to ensure that
     residents are protected from abuse, mistreatment and neglect;

    institute safeguards to prevent inappropriate use of drugs and
     physical restraints, as well as unsafe feeding and physical
     therapy practices;

    hire a sufficient number of adequately trained nurses,
     physicians, psychologists, physical therapists and other
     professional staff to provide adequate care;

    train staff to feed and care for residents properly, and
     conduct reviews to determine whether any staff should continue
     to be employed at the facility;

    comply with the federal Individuals with Disabilities Education
     Act and applicable Tennessee law regarding the education of
     school-age children residing at the Center;

    place appropriate individuals in community-based homes and
     ensure that their individual needs are met there, giving
     priority to the placement of children and effectively reducing
     the population of the facility to 200 persons or fewer by
     September 30, 1997.

The remedial order also provides for oversight of the facility by a
court-appointed monitor and permits the Justice Department to inspect
and ensure compliance with the order.

The Court has not yet ruled on the Justice Department's request that the
state be held in contempt for not complying with the Court's initial
order issued in November 1993.

[Justice Department Obtains Agreement From Tennessee to Correct Facility
for Developmentally Disabled, DOJ, 8/31/94]

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