SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
This. Must. End.

Friday, Jun 29, 2012

* Yesterday, we discussed the Belleville News Democrat’s story about how the Inspector General for the Department of Human Services refused to investigate suspicious deaths of people in home care because they were dead and, therefore, under his insane interpretation of state law, no longer qualified for DHS services.

As you might imagine, legislative reaction has been furious

“It is very disturbing to say the least,” said Sen. William Haine, D-Alton. “I think the OIG owes each and every member of the General Assembly a full explanation of these facts … I think this calls for some supplemental legislation that should involve other stakeholders like state’s attorneys and coroners.”

State Rep. Greg Harris, D-Chicago, chairman of the House Human Services Committee, refuted the OIG’s interpretation of the 2000 law that gave it increased powers to investigate abuse and neglect of disabled adults who live outside of state facilities.

“It doesn’t seem to be that there’s any lacking of specificity in the law,” Harris said. “I don’t see this nonsense about, well, “We can’t provide services once they’re deceased.”

The OIG should be looking into cases of neglect and abuse of a disabled person, especially when a death follows an allegation, Harris said. The agency has a responsibility to investigate, Harris said, and to turn over cases where neglect or abuse is suspected of being involved to law enforcement.

“We need to find out how this is being allowed to happen,” Harris said. “We need to find out if it’s a failure of individuals, we need to figure out if it’s a failure of the system. Or, if it’s a failure of how a law or rule is drafted, whichever one of those it is or all three of them, we have to fix it.”

State Rep. Dwight Kay, R-Glen Carbon, said the OIG’s main purpose is to investigate abuse and neglect of the disabled.

“That someone dies is a lame reason not to follow through. They have always been tasked with this,” Kay said. “If we don’t have the ability to pursue causes of death in these cases to their logical end, then we should take it out (of the law). But it seems it was put there for good reason.”

* Meanwhile, the DHS Inspector General is expected to issue some sort of statement today. I’ll have it for you if it ever materializes. But I want to go back to a passage that was in the story we looked at yesterday

Top state officials declined to talk about how the agency operates. OIG Director William M. Davis, a retired Illinois State Police regional commander, initially agreed to an interview, but [DHS spokeswoman Januari Smith-Trader] later said that neither Davis nor his boss, Department of Human Services Secretary Michelle R. B. Saddler, were available.

In subsequent emails, Smith-Trader accused a reporter of possibly breaking state and federal privacy laws by being in possession of private case summaries not open to the public. [Emphasis added.]

It seems to me that DHS was trying to kill a hugely unflattering story by using an empty threat of prosecution against two of this state’s best investigative reporters. Rather than rectify their incredibly stupid behavior, DHS lashed out at the people who were trying to expose this despicable policy to the public. It was a clear act of desperation on the part of DHS, and they need to be called out on it.

The governor also needs to be dragged into this mess. He needs to be pressed on it until he agrees to push DHS into compliance with the law. Some firings wouldn’t be a bad idea, either.

And, frankly, the entire Inspector General concept needs to be revisited by the General Assembly. You’ve got some IG’s making sure people don’t eat sandwiches at their desks and others refusing to investigate deaths.

Enough, already.

- Posted by Rich Miller        


21 Comments
  1. - OneMan - Friday, Jun 29, 12 @ 11:01 am:

    Perhaps Quinn has been to busy trying to avoid a Congressman from Peoria to comment?


  2. - OneMan - Friday, Jun 29, 12 @ 11:04 am:

    State Rep. Dwight Kay, R-Glen Carbon, said the OIG’s main purpose is to investigate abuse and neglect of the disabled.

    “That someone dies is a lame reason not to follow through. They have always been tasked with this,” Kay said. “If we don’t have the ability to pursue causes of death in these cases to their logical end, then we should take it out (of the law). But it seems it was put there for good reason.”

    Good but this would have been better

    “That someone dies is a lame the stupidest excuse ever developed by the human mind and I for one think we are all dumber for having heard it as a reason not to follow through.


  3. - thechampaignlife - Friday, Jun 29, 12 @ 11:06 am:

    Pardon my ignorance and perhaps this was discussed in yesterday’s comments but why is the OIG performing these investigations in the first place? Isn’t abuse another word for aggravated assault? Shouldn’t local law enforcement or, in the case of a death, the coroner be performing these investigations? I mean, if I drag an able bodied person across a floor giving them scrapes and bruises, I’d surely be prosecuted for assault. Why is it any different for a disabled person? Sure, they may not be able to report it themselves or testify themselves but the person that does end up reporting it (a family member, nurse, etc) and the cops’ investigation should lead to prosecution just the same. Am I missing something?


  4. - OneMan - Friday, Jun 29, 12 @ 11:17 am:

    thechampaignlife I don’t think anyone is really expecting the OIG to do a criminal investigation, but it seems that stopping all action because of death seems more than a bit daft.

    For example it would appear using their logic if lets say a care provider was accused of abusing a client and that client soon dies due issues not related to the abuse that the abuse investigation would just end. I would like to think the entity responsible for investigating the abuse would not just stop.

    It would seem that any entity charged with investigating abuse (as it appears these guys are) should not stop because the victim died.

    That is just asinine.


  5. - Michelle Flaherty - Friday, Jun 29, 12 @ 11:17 am:

    What if you die eating a sandwich at your desk without your supervisor’s consent?


  6. - langhorne - Friday, Jun 29, 12 @ 11:19 am:

    totally outrageous. indefensible. stupid.

    everyone up the chain of command needs to be held publicly accountable–including quinn. starting now. throw simon into the mix too, she doesnt have much to do and this is in her backyard.

    rich, you have your next column if you havent covered this there already.


  7. - amalia - Friday, Jun 29, 12 @ 11:20 am:

    @thechampaignlife + 1

    while I do think there is some investigative capacity of the OIG that would take a hit at the administrators, I would think a call to the police etc. would be most appropriate for the immediacy of the death. could be a bad employee, as in a criminal, and I’d want the police to investigate that.


  8. - Commonsense in Illinois - Friday, Jun 29, 12 @ 11:36 am:

    Memo to: Michelle Saddler…it’s not the event that gets you, it’s the COVER UP!


  9. - Sunshine - Friday, Jun 29, 12 @ 11:37 am:

    Perhaps we have seen “the height of incompetence” achieved? I for one am for firing all of those idiots!!


  10. - Arthur Andersen - Friday, Jun 29, 12 @ 11:43 am:

    About what I would expect from Ms. Januari. She was interviewed for a position at my agency. After an underwhelming performance, we indicated that we were probably going to keep interviewing. Within hours, the threatening calls from Emil Jones on her behalf started.


  11. - wordslinger - Friday, Jun 29, 12 @ 11:45 am:

    Surely there must be some Mushrooms with time on their hands who could call some hearings and compel some testimony. Exercise some oversight while you’re waiting to be told how to vote. It’s an important part of the job.


  12. - Wensicia - Friday, Jun 29, 12 @ 11:46 am:

    “What if you die eating a sandwich at your desk without your supervisor’s consent?”

    Your death does not excuse or prevent immediate disciplinary action which may be imposed on your heirs.


  13. - Crime Fighter (fka Honestly) - Friday, Jun 29, 12 @ 11:59 am:

    Rich: Thanks for staying on top of this. This is just but one example where the level of dysfunction in this administration has jeopardized peoples’ health and safety.

    @ Michelle Flaherty =What if you die eating a sandwich at your desk without your supervisor’s consent?= Awesome hypothetical!

    Maybe Director Saddler, who had overwhelming legislative support, could assign Deputy Carol Kraus to handle the inspectors - she has experience.


  14. - Duck Duck Goose - Friday, Jun 29, 12 @ 12:12 pm:

    While it certainly doesn’t excuse any of the actions by DHS or the IG, I think that there is a valid question as to if, how, and why reporters are able to get reports that contain personal and intimately private information about people.


  15. - Secret Square - Friday, Jun 29, 12 @ 12:17 pm:

    “Shouldn’t local law enforcement or, in the case of a death, the coroner be performing these investigations?”

    Yes, but I would suspect that an agency investigation, since it doesn’t involve imposing criminal penalties (merely referring cases to law enforcement for further action), requires a less strict standard of proof than a criminal investigation.

    For example, say a mentally and physically disabled adult accuses their caregiver of hitting them (physical assault) or fondling them (sexual abuse). Which is easier and quicker to accomplish: getting the caregiver fired via an agency investigation which declares the abuse allegations “founded”, or getting the caregiver arrested, tried and jailed for assault or criminal sexual abuse? Hopefully, BOTH will be done, of course; but chances are the victim will have an easier time proving his/her case to the agency than in a courtroom.


  16. - Just a Citizen - Friday, Jun 29, 12 @ 12:19 pm:

    Thanks for keeping the spotlight on this issue beyond the normal 24 hour news cycle. This behavior by DHS and/or the IG needs to be investigated.


  17. - Mouthy - Friday, Jun 29, 12 @ 12:35 pm:

    A few years back, on the introduction of the first newly appointed IG in our office, I asked him a couple of questions. I first asked if it was true he was appointed by the boss for 4 years, any reports of wrongdoing would be reported to the boss, we would never know what the investigation revealed nor what action, if any, was taken, didn’t have any set hours, made 106K a year, and didn’t have to answer to anyone. He said yes.

    I then knew that the position was “worthless” to all except the IG and the boss. That’s the legislature’s idea of reform. Geez.


  18. - Sam - Friday, Jun 29, 12 @ 1:17 pm:

    Hmmmm…,.is program that cares for these disabled adults the same one that was subject to the controversy a few years ago about how the home care workers were being organized after an executive order?

    http://articles.chicagotribune.com/2009-09-03/news/0909021191_1_caregivers-organized-labor-union-dues

    In, any case, I think something similar will be happening to those MFTD kids next year. While the state is planning to kick some of them out of their homes, 75% of those that remain are projected to be cared for by unlicensed home care personal assistants like those who “cared” for these adults, even though they are much more fragile medically, instead of the nurses who currently care for them.

    I wonder if we’ll be reading similar stories about these kids next year…


  19. - What The - Friday, Jun 29, 12 @ 1:35 pm:

    Representative Greg Harris is also charged with oversight? Some of the spotlight needs to shine on the General Assembly and the Committees charged with oversight.


  20. - Newsclown - Friday, Jun 29, 12 @ 1:55 pm:

    The Inspector’s logic reminds me of something said by a criminal defense attorney, regarding hit-and-runs. Based on the rules of the game, he said, you get a much lower sentence for backing up and finishing a guy off, than for trying to save him or letting him live with injuries. I think the IG hired some people who work on that kind of logic.


  21. - Yellow Dog Democrat - Friday, Jun 29, 12 @ 3:35 pm:

    @DuckDuckGoose -

    I agree with you in part. However, I can’t imagine an interpretation of privacy laws that would find a reporter in violation for accepting confidential information. The person who delivered it might have broken the law, but the First Amendment offers protection.

    Threatening reporters is never an advisable p.r. strategy.


Sorry, comments for this post are now closed.


* False equivalence taken too far
* The weekend in Facebook
* Subscribers Only - Events list (use last week's password)
* Question of the day
* Republicans look to the future
* *** UPDATED x1 - Beer tickets? *** OEIG: Rednour solicited a big gift, Bliefnick improperly accepted gifts
* Rauner investing heavily in campaign infrastructure
* Yet another stumble
* Yesterday's blog posts

Support CapitolFax.com
Visit our advertisers...

...............

...............


Search This Blog...

Search the 98th General Assembly By Bill Number
(example: HB0001)

Search the 98th General Assembly By Keyword

          
        * Samsung confirms Tizen phone delays
        * Favr.tt Brings On CEO To Raise Funding For Its Social Shopping App
        * Samsung Galaxy Alpha hardware details pick up new support
        * Swipify simplifies switching between apps on Android Wear
        * Rovio shows Angry Birds Transformers teaser vid at Comic Con
        * NPR One Delivers A Curated Public Radio Stream For The Smartphone Era
        * The Beautiful Game Just Got Its Own Meme Generator

        * This Chart Shows Which Companies Have the Best 401(k) Benefits
        * ​Check Your Restaurant Bill On Vacation to Avoid Double-Tipping
        * Hilton Initiative Opens Hotel Rooms With Smartphone
        * Apple to buy Swell, a talk-radio app, for $30 million, report says
        * Nokia X Platform Receives Update
        * How to Be More Interesting When Meeting New People
        * London Mayor Promises 5G In London Before 2021

        * White Sox Minor League Update: July 27-Aug. 2
        * New draftee Rodon tops White Sox updated Top 20
        * White Sox focused on long-term at Trade Deadline
        * White Sox focused on long term at Trade Deadline
        * Carroll strong but bullpen falters in finale
        * Parental love common thread among Hall inductees
        * Carroll strong but bullpen falters in finale


        Main Menu
        Home
        Illinois
        YouTube
        Pundit rankings
        Obama
        Subscriber Content
        Durbin
        Burris
        Blagojevich Trial
        Advertising
        Updated Posts
        Polls

        Archives
        July 2014
        June 2014
        May 2014
        April 2014
        March 2014
        February 2014
        January 2014
        December 2013
        November 2013
        October 2013
        September 2013
        August 2013
        July 2013
        June 2013
        May 2013
        April 2013
        March 2013
        February 2013
        January 2013
        December 2012
        November 2012
        October 2012
        September 2012
        August 2012
        July 2012
        June 2012
        May 2012
        April 2012
        March 2012
        February 2012
        January 2012
        December 2011
        November 2011
        October 2011
        September 2011
        August 2011
        July 2011
        June 2011
        May 2011
        April 2011
        March 2011
        February 2011
        January 2011
        December 2010
        November 2010
        October 2010
        September 2010
        August 2010
        July 2010
        June 2010
        May 2010
        April 2010
        March 2010
        February 2010
        January 2010
        December 2009
        November 2009
        October 2009
        September 2009
        August 2009
        July 2009
        June 2009
        May 2009
        April 2009
        March 2009
        February 2009
        January 2009
        December 2008
        November 2008
        October 2008
        September 2008
        August 2008
        July 2008
        June 2008
        May 2008
        April 2008
        March 2008
        February 2008
        January 2008
        December 2007
        November 2007
        October 2007
        September 2007
        August 2007
        July 2007
        June 2007
        May 2007
        April 2007
        March 2007
        February 2007
        January 2007
        December 2006
        November 2006
        October 2006
        September 2006
        August 2006
        July 2006
        June 2006
        May 2006
        April 2006
        March 2006
        February 2006
        January 2006
        December 2005
        April 2005
        March 2005
        February 2005
        January 2005
        December 2004
        November 2004
        October 2004

        Blog*Spot Archives
        November 2005
        October 2005
        September 2005
        August 2005
        July 2005
        June 2005
        May 2005

        Syndication

        RSS Feed 2.0
        Comments RSS 2.0
        WordPress

        Loading


        * Attorney: effort to block PCB's brought on by p.....
        * New law expands state Holocaust Commission - Th.....
        * Election 2014: Dissecting Pat Quinn's, Bruce Ra.....
        * Quinn, supporters stake out differences in Evan.....


        * Illinois communities scramble to find road salt
        * Illinois coal exports dip in 2013 after sharp rise
        * Illinois fair managers fined for free beer tickets
        * More Illinois state workers making over $100,000
        * Carpentersville man pleads guilty to bomb threats
        * Suspect killed after scuffle with Chicago officer
        * Beijing, Chicago architects to design Lucas Museum
        * Developmental center closure could take time
        * Police: Chicago men arrested for shooting boy
        * Virus drugmaker fights pediatricians' new advice

        * Cutbacks in annual pension increases unconstitutional, Schimpf says
        * Illinois State Fair manager fined by ethics commission for accepting free beer tickets
        * Quinn: Landfill's PCB approval may be withdrawn
        * New law expands state Holocaust Commission
        * To fight crime, Chicago tries wiping away arrests
        * Quinn, Rauner budget plans debatable
        * Back pay, OT pushes state government’s ‘$100,000 club’ to 7,800
        * Back pay, OT pushes state government's '$100,000 club' to 7,800
        * Quinn signs $1B plan for road repair in Illinois
        * Rauner meets with county GOP

        * McDonald's pulls meat from China restaurants amid supplier probe
        * Dollar Tree to buy Family Dollar in $8.5 billion deal
        * Another local tax inversion? Hospira in talks for Danone unit
        * Democratic candidate for Illinois Treasurer needs on the job training
        * Tribune Publishing CEO: We're buying newspapers


        * Photographer outraged at social media censoring of photos of moms, kids
        * Man dead, police officer wounded after shooting in Bucktown
        * Man accused of stealing kid’s bike charged with hitting dad
        * 2 teens killed, 2 hurt in crash
        * Horses on parade: Statues to honor fallen police officers, raise money
        * Man charged in Orange Line robbery
        * Los Angeles man arrested in 1992 murder of Skokie teen
        * ‘I have faith and hope,’ Lisa Stebic’s sister says
        * Prosecutor: Shooter knew rival wasn’t in crowd but fired anyway
        * Women at work: Balancing life’s load as electricians


        * Hammond police seek 2 in shooting of Addison family
        * Chicago alderman arrested for DUI
        * Chicago alderman arrested for DUI
        * State fair managers punished in free beer ticket scandal
        * State fair managers punished in free beer ticket scandal
        * Lawndale, River North shootings wound 2
        * Bitcoin? There's an ATM for that
        * 4 teens among 5 injured in Loop crash
        * Hearing today for 2 men charged in shooting of boy, 3
        * 5 shot in separate Sunday attacks


        * Exoneree Diaries: "You've got anger issues, Dad."
        * Clout On The Business Side of Medical Marijuana
        * So, when is it Jane Byrne's turn?
        * Seven Months And Two Storms Later, Executive Mansion Gets Mini-Fix
        * State Police Cancels New Trooper Training, Citing Budget
        * Feds' Immigrant Numbers For Illinois May Not Tell Whole Story
        * Listen to State Week - July 25, 2014
        * Inspector General Discloses Political Hiring Investigation
        * Man Robbed By Fake Police On I-55
        * Business, Labor Leaders Urge Quinn Administration To Finish Fracking Rules


        * Illinois communities scramble to find road salt
        * Illinois State Fair manager fined by ethics commission for accepting free beer tickets
        * New law expands state Holocaust Commission
        * Quinn, Rauner budget plans debatable
        * Angie Muhs: Who will be the next First Citizen?
        * Tony Leone: Put the ALPLM under federal control
        * Back pay, OT pushes state government’s ‘$100,000 club’ to 7,800
        * Bernard Schoenburg: Schneider stresses fiscal issues in seeking GOP wins
        * Our Opinion: No harm in Houston changing his mind
        * Statehouse Insider: That’s not a tax hike, is it?


        * Coroner identifies man found dead in Swansea lake at local photographer
        * LIVE! Big Ten Media Days
        * B1G Media Day - Mark Dantonio
        * B1G Media Day - Jerry Kill
        * Two weekend campus robberies reported
        * Street closures listing
        * Not in my backyard: US sending dirty coal abroad
        * Coroner identifies man found dead in Swansea lake
        * Beckman talks QBs
        * B1G Media Day - Kyle Flood


        * Indiana surgeon faces attempted murder charges
        * Tyson Foods tosell Latin America assetsaAmid foreign losses
        * Children with special needs go through knight training at Medieval Times
        * Beijing, Chicago architects to design Lucas Museum
        * Comic-book convention organizers clash over name

        * Scaletta Armoring Hosts Congressman Dan Li...
        * Congressman Dan Lipinski to host 3 events ...
        * House passes Lipinski bill for Herbie John...
        * Renaming of Mount Greenwood post office in...
        * Rep. Lipinski's Bill Improving Internation...
        * Rep. Lipinski Announces $206428 Grant for ...
        * Rep. Lipinski's Bill Renaming Mount Greenw...
        * Immigration reform rally - WGNtv.com
        * Scaletta Armoring Hosts Congressman Dan Li...
        * Congressman Dan Lipinski to host 3 events ...

        * YouGov finds rosy picture for GOP in Senat......
        * Dem leaders urge minimum wage hike, critic......
        * ATF Efforts Raised in Chicago...
        * ATF Efforts Raised in Chicago...
        * Rand Paul Talks to Black and Democrats Fli......

        * Sen. Rose: Quinn too little, too late to C......
        * Councils bid to electrify Doncaster-Cleeth......
        * Kirk again calls for removal of VA hospita......
        * On ADA anniversary, retiring Harkin promis......
        * Content about Alaska...

        * The [Tuesday] Papers
        * Local TV Notes: Candid Camera Chicago
        * Grand Opening For Aodoke Asian Bistro On Thursday
        * The law's interest in contracts and marriage [video]
        * GOP has midterm engagement advantage, but less than in 2010
        * Businesses don't leave the U.S. because of lack of patriotism
        * Cavuto vs. Schakowsky on Minimum Wage Debate [video]
        * Religion Remains a Strong Marker of Political Identity in U.S.
        * The Weekend In Chicago Rock
        * Democrat U.S. Senator John Walsh plagiarism, color-coded


        * Governor Quinn Reminds Drivers to Take Caution in Work Zones, Directs State Agencies to Redouble Efforts to Protect Public and Workers - Encourages Public to Increase Vigilance Following I-55 Tragedy
        * Governor Quinn Proclaims “Frank Thomas Day” in Illinois - Honors “The Big Hurt” and the Class of 2014 Hall of Famers
        * Governor Quinn Signs Legislation to Expand the Holocaust and Genocide Commission - Commission Works to Increase Public Awareness Through Educational Programs, Events and Outreach
        * Governor Quinn Breaks Ground on New Pullman Community Center in Chicago - Center will Increase Year-Round Recreational Opportunities for Chicago’s South Side and Create Jobs
        * Governor Quinn Announces Investment for Broadview Park Project - New Development Will Create Jobs and Improve Recreational Facilities




            Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller