Holding Facilities Responsible for Inadequate Supervision of the Developmentally Disabled

It has often been said that one of the best ways to judge a society is by how it treats its weakest, most helpless members. Individuals with significant developmental disabilities rely on their families and society as a whole for care and protection. When these individuals are placed in a specialized care facility, the facility has ethical, moral, and legal duties to protect the residents. As an Oakland law firm for the elderly and disabled, we are ready to advocate on behalf of vulnerable adults when care facilities fail to fulfill their duties. An obvious example of such a failure is when the resident is permitted to wander away from an institution that promised to care for and keep the resident safe. Wandering by developmentally disabled adults is a potentially deadly occurrence and we must hold institutions responsible for the failures that endanger their residents.

Developmentally Disabled Man Missing from Oakland Care Facility
The Oakland Tribune and other news outlets in our region are asking for help locating a missing man. On Thursday October 16 at around 1:30 P.M., Michael Kilroy wandered away from a residential care facility located on the 3200 block of 99th Avenue. Kilroy is 55 years old but has the functional capacity of a typical 6 year-old. He needs medicine that he doesn’t have with him. Police note he is 5’3″ and 150 pounds with blue eyes and gray hair. Anyone who sees him is asked to call the missing persons’ unit at the Oakland Police Department (510-238-3641).

California Law and the Protection of Dependent Adults in Care Homes
California’s criminal and civil laws that address elder abuse also apply to “dependent adults,” a category that includes individuals who have physical and/or developmental disabilities that sharply limit their ability to care for themselves. Section 15600 of the Welfare & Institutions Code, part of the legislative findings at the start of the Elder Abuse and Dependent Adult Civil Protection Act (“the Protection Act”), reads: “The Legislature recognizes that elders and dependent adults may be subjected to abuse, neglect, or abandonment and that this state has a responsibility to protect these persons.” In addition to this general responsibility, California requires that care facilities agree to provide the best possible care to their residents in exchange for Medicare and Medi-Cal funding. Those duties are described in the Care Standards set forth by the California Advocates for Nursing Home Reform.

Together, California’s civil, criminal, and regulatory laws allow the state to hold care facilities responsible when they fail to provide appropriate care to the elderly and the developmentally disabled. Nursing homes and similar facilities must provide adequate supervision to prevent residents from wandering away. This can be especially important since some disabilities are characterized by a tendency to wander. Since, by definition, these individuals are not able to adequately protect themselves, wandering can lead to injury or even death.

An Oakland Law Firm Protecting the Developmentally Disabled
If you have a loved one who is developmentally disabled and was injured because a care facility failed to provide adequate care, our Northern California nursing home neglect attorney can help. Although money damages cannot reverse an injury, monetary compensation can allow you to place your loved one in an excellent facility and provide care aimed at addressing the physical and emotional consequences of neglect. Hitting negligent facilities in the pocketbook can also make them recognize the damage caused and enact meaningful change for the future.

See Related Blog Posts:
California Special Needs Lawyer Comments on Autistic Wandering & Elopement
Resident Missing from Local Assisted Care Facility