Case: DOJ CRIPA Investigation of the Northwest Habilitation Center, St. Louis, Missouri

No Court

Filed Date: May 30, 2007

Closed Date: 2012

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Case Summary

On May 30, 2007, the Department of Justice Civil Rights Division (DOJ) opened an investigation of the Northwest Habilitation Center (Northwest), a state-run, residential care facility in St. Louis, Missouri that provided services to individuals with developmental disabilities. The facility housed up to 80 individuals while it was operational. The investigation appears to have been in response to two deaths at the facility: in November 2005, one resident—who required constant supervision—died af…

On May 30, 2007, the Department of Justice Civil Rights Division (DOJ) opened an investigation of the Northwest Habilitation Center (Northwest), a state-run, residential care facility in St. Louis, Missouri that provided services to individuals with developmental disabilities. The facility housed up to 80 individuals while it was operational. The investigation appears to have been in response to two deaths at the facility: in November 2005, one resident—who required constant supervision—died after swallowing a pen; and in March 2006, another resident died from burns he suffered when a staff member placed him in a dangerously hot shower.

On August 27–29, the DOJ conducted an on-site review of the facility with expert consultants. They reviewed pertinent documents and policies, interviewed administrators and staff, and visited residents.

On August 12, 2008, the DOJ issued its findings letter and provided notice to the Governor of Missouri, alleging violations of the Civil Rights of Institutionalized Persons Act (CRIPA) and Americans with Disabilities Act (ADA). The DOJ reported that Northwest failed to address serious harm in a timely manner, adequately protect residents with pica, or collect reliable risk management data. While Northwest had sufficient policies in place, the DOJ found that staff failed in practice to implement proper intervention strategies in a timely manner or document incidents of injury or use of restraints. Despite the high ratio of supervising staff to residents, the DOJ found residents were still at risk of inflicting self-harm and assaulting one another. The DOJ also found that residents at the facility were subjected to treatments without adequate informed consent from residents' guardians. The report highlighted a particularly egregious example where Northwest staff had a resident's toe amputated despite objection from the resident's family and court-appointed guardian. The report concluded that the facility provided inadequate staff training, program monitoring, and data. It suggested that the facility develop and implement adequate systems and policies to ensure compliance.

In 2010, this investigation was listed as part of the DOJ's compliance with President Obama's "Year of Community Living" initiative—a program to improve facilities and living arrangements for individuals with developmental disabilities.

Based on a DOJ spreadsheet acquired in a Freedom of Information Act request, the DOJ did not file a complaint in response to these allegations. In 2012, the state of Missouri closed the Northwest Habilitation Center and moved residents into community-based homes and other private and state-run institutions that year. This was part of the effort to move developmentally disabled individuals into "community settings." According to the DOJ's fiscal year 2012 report, the investigation subsequently closed on May 31, 2012.

Summary Authors

Chelsea Rinnig (8/29/2018)

People


Attorney for Plaintiff

Becker, Grace Chung (District of Columbia)

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Documents in the Clearinghouse

Document

Findings Letter

Aug. 12, 2008

Aug. 12, 2008

Findings Letter/Report

Docket

Last updated Aug. 30, 2023, 2:46 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Missouri

Case Type(s):

Intellectual Disability (Facility)

Key Dates

Filing Date: May 30, 2007

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Department of Justice Civil Rights Division, to enforce the rights of individuals housed in the Northwest Habilitation Center.

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Northwest Habilitation Center (St. Louis), State

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Special Case Type(s):

Out-of-court

Available Documents:

None of the above

Outcome

Prevailing Party: None Yet / None

Source of Relief:

None

Issues

General:

Failure to supervise

Failure to train

Incident/accident reporting & investigations

Informed consent/involuntary medication

Neglect by staff

Restraints : physical

Staff (number, training, qualifications, wages)

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Habilitation (training/treatment)

Assault/abuse by staff (facilities)

Disability and Disability Rights:

Mental impairment

Cerebral palsy

Developmental disability without intellectual disability

Intellectual/developmental disability, unspecified

Mental Illness, Unspecified

Medical/Mental Health:

Intellectual/Developmental Disability

Self-injurious behaviors

Type of Facility:

Government-run