The Guardian Blog : Arizona Nursing Home Lawyer & Attorney : Solomon & Relihan Law Firm : AZ Assisted Living Neglect & Abuse : The Guardian Blog

The judge stated that the governor’s efforts were illegal. One group of in-home workers argued that if these plans were set in motion, it would mean some patients could not receive the care they required especially if their caregivers were friends and/or family that had a conviction. In the current state law, people that have convictions of child or elder abuse and fraud are not allowed to work in the In-Home Supportive Services program.

While the governor’s intentions may have been good, the argument that elderly and disabled adults would not have the care they require is valid. Some opponents argue that more and more elderly and disabled adults would be required to be placed in nursing homes if these laws pass. The laws currently in place that do not allow people with abuse and fraud convictions to provide in-home care seem to be sufficient in preventing fraud and/or elder abuse.
 

These incidents included one involving a caretaker whipping a patient with a key lanyard and another incident where an autistic man walked out of the facility into a nearby home. The report states these incidents are the result of the fact that state laws in Michigan exempt residential foster care homes from local zoning laws. These homes that have six or fewer people living in them are not bound by the same zoning laws as state mental institutions. For that reason, many residents of the Michigan town where this home is located are asking for stricter zoning laws. By changing zoning laws, homes such as this one would be required to function as an institution and not a regular home. This would mean the home would need to be modified in order to prevent incidents like those that have occurred to date.

This decision seems to make sense as changing zoning laws for group homes would essentially ensure the safety of residents in the group home as well as neighboring homes. Enforcing stricter zoning laws would force these homes to modify the homes to comply with those laws in a way that would be beneficial to residents in the home. The incidents that have occurred to date would occur far less if the zoning laws were to change. However, on the other hand, certain zoning laws may restrict the freedom that some residents of group homes currently have. They may force residents to remain in the house in order to prevent any dangerous situations from occurring. This is where the debate stems from as there is always two sides to every coin.

The state began its investigation into the group home, Johnston House, after receiving a complaint. The complaint stemmed from an incident in which several boys were confined for hours in  a room without air conditioning in order to get a confession about the theft of clothing. While investigating the incident, state officials also discovered several instances of inadequate facilities, including toilets that could not be flushed and malfunctioning showers. The malfunctioning showers had caused staff to take the boys to a local YMCA for showers.

Inadequate facilities is a frequent and serious problem in group homes. They can both interfere with residents' quality of life and lead to serious illness and injury. In the case of Johnston House, officials reported smelling backed up waste in the restrooms due to the malfunctioning toilets. This not only makes the group home an unpleasant place to live for the residents, but is also unsanitary and could possibly lead to illness.

The confinement of the boys is an even more serious issue. While it is important for group home staff to maintain order and investigate issues such as theft, confining the boys in a room without air conditioning in the middle of summer is not a proper way to handle the situation.

For more information on group home abuse and neglect issues, please visit Solomon & Relihan's Group Home Abuse website.

According to the Philadelphia Inquirer, pedophile Charles Koons, whose mother was an employee of the school, was allowed to frequently visit the Milton Hershey School in Hershey, PA for over 20 years before his arrest in 2008.  He first came to the attention of Hershey police in 1998 when the mother of a student said he had revealed in therapy that he had been molested by Koons in 1989.  The boy was 8 at the time of molestation.  Hershey police investigated the case and notified school officials, but the case was closed without an arrest and the school officials did not take any action against Koons or his mother.

The case lay dormant until 2008, when police in a neighboring town arrested Koons on 17 counts of molestation that occurred between 2002 and 2008.  Koons pleaded guilty earlier this year to the 17 counts and is serving a 35- to 100-year prison sentence.

The Milton Hershey School is a prestigious and nationally renowned boarding school for disadvantaged youth.  It was founded 100 years ago by Hershey Company founder Milton Hershey and his wife.  The campus houses 1,800 students in 145 family-style group homes.

This case demonstrates why is it important for family members of residents in nursing homes, group homes, and assisted living facilities to be diligent in looking for and reporting suspicions of abuse and neglect.  Many people think that police and state and local licensing agencies will protect their loved ones from such egregious acts as sexual abuse, but these agencies cannot catch every act of abuse. 

If you believe your loved one is being abused, it is always a good idea to contact an attorney who is experienced in these types of abuse cases, who can help get justice for your loved one and prevent others from being abused.  For more information on group home abuse, visit Solomon & Relihan's Group Home Abuse website.