El Paso State Center ex-worker alleges abuse of residents

El Paso State Center ex-worker alleges abuse of residents


By Diana Washington Valdez \ El Paso Timeselpasotimes.com

Posted: 05/24/2012 12:00:00 AM MDT



Reporter: Diana

Washington Valdez


El Paso State Supported Living Center

El Paso State Center target of inquiryState investigating complaints against El Paso State Supported Living CenterMissteps at El Paso State Supported Living Center noted in deathA state-supported living center employee who complained about alleged abuses at the facility claims she was fired for speaking out.



Sylvia Burgos said she was fired after she filed a complaint with the state over conditions that she says could endanger residents of the El Paso State Supported Living Center at 6700 Delta.



"They fired me and I'm gone, but I'm worried about the residents who are still there and what might happen to them," said Burgos, a former direct-service provider who had assisted a special-needs resident who was taken to an emergency room with a perforated colon.



"I offered to take a polygraph and requested one to prove that I was telling the truth, but they terminated me instead," she said.



The center, which helps people with special needs and has 145 beds, referred questions about Burgos and her allegations about the center's employees to the Texas Department of Aging and Disability Services, or DADS, in Austin. The department oversees the El Paso center, which has 126 residents and provides 24-hour residential services, including comprehensive behavioral-treatment services and health-care services, including physician, nursing and dental services.



Cecilia Cavuto, a spokeswoman for DADS, confirmed that Burgos, a two-year employee, was fired on May 16.



According to a May 22 report by the Texas Health and Human Services Commission/Office of Inspector General in El Paso, the office received a complaint on April 25 alleging that Burgos made a


false report to a peace officer at the El Paso center. That finding was issued after Burgos filed her report against the state center.

Burgos' says her allegedly false statement became the focus of the investigation by Office of Inspector General Officer Efrain Sianez -- instead of her abuse allegations.



Other center staff members, who asked not to be named because they fear reprisals, said Burgos' firing will have a chilling effect on future reports of abuse by the staff.



The Office of Inspector General report said, "Burgos' accounts of the reported events could not be confirmed during the investigation and evidence was found to indicate that Burgos has filed a false report."



Under the heading of "Actions Taken," the report said, "This matter was referred to Kenneth Owens, General Counsel, Department of Aging and Disability Services and the El Paso District Attorney's Office."



Cavuto said center staffers are encouraged to report any kind of abuse or negligence of residents, even if it involves a small bruise that may be suspicious. She further explained why Burgos' abuse allegation was referred to the district attorney's office.



"Allegations made by DADS staff are referred for independent investigation rarely and only when there are reasonable grounds to believe the allegations are false," Cavuto said. "While it's critical that employees report any reasonable suspicion of abuse, neglect or exploitation, it's also important that we have a system in place to investigate false allegations because they have the potential to end careers and ruin lives."



The center in El Paso is one of several state centers in Texas that the U.S. Department of Justice is actively monitoring for previous complaints of alleged abuse and neglect. The next Justice Department monitoring inspection for El Paso is scheduled for July.



Earlier this year, a Justice Department monitoring report found that the El Paso State Supported Living Center was found to comply with 32 of 171 health and safety requirements.



According to Burgos' affidavit, Burgos said she observed two staffers mistreat two residents verbally and physically on March 25 during an outing. During the trip, a female staffer allegedly yelled to the resident to "shut the (expletive) up."



Burgos told the staffer that resident "Fernie" was being loud because he was in pain.



'Give him the sleeper'



After that, a male staffer "moved behind Fernie and began to squat, and reached over Fernie's head with his left arm and wrapped it around Fernie's neck," while the same female staffer allegedly egged on the male staffer to " 'get (Fernie) ... give him the sleeper, do it like before and shut his (expletive) ass up,' " according to the affidavit.



During the same outing, another resident, identified as John Ferrara, reached out to touch a staffer, which prompted the same male staffer to tell John, " '(J)ust wait til we get back to the cottage, I'm going to kick your ... .' "



Burgos alleged in her affidavit that she tried without success to report other actions by the same male staffer in the past, and that he allegedly "has threatened others about reporting anything."



State documents identified the two staffers as Ivan Martinez and Drena Anderson.



On May 1, resident Ferrara was admitted to Del Sol Medical Center in critical condition with a perforated colon. Two doctors operated on him.



His mother, Joanne Moltane, said she learned that her son was on the verge of dying when he arrived, and that she was grateful to the State Center for getting him to the hospital in time. She said she was told that his injury "was due to constipation."



According to a government report, two staffers were reassigned as a result of an allegation of neglect in February involving Ferrara, who fell down when he tried to stand up from his wheelchair.



An investigation confirmed neglect on the part of the two reassigned staffers, the report said.



Ferrara, 24, is supposed to receive close care and monitoring around the clock to prevent him from injuring himself.



In her affidavit, Burgos said Office of Inspector General investigator Sianez allegedly told her on March 30 that taking a polygraph would help her if her statements came back true.



"I told him to definitely do it; it would clear up everything," said Burgos, who also asked him to check the video of the male staffer and Ferrara recorded by the center's camera.



Burgos complained that the copy of the video Sianez obtained and viewed with her was incomplete, and that Sianez allegedly agreed to pick up the original video at the center.



Sianez later contacted Burgos on April 19 to notify her that there was no evidence to support her statement.



Staffers denied story



"He (Sianez) said the video was not there (at the center), and that the staff ... denied the entire story," Burgos said in her affidavit.



After Burgos insisted on taking a polygraph, Sianez allegedly told her that the results could incriminate the center for tampering with evidence, and that everyone would lose their jobs, including Burgos, "and that the administration people would be arrested."



Burgos said she went after work to visit Ferrara at the hospital on May 9, and was admonished two days later by Veronica "Ronnie" Avitia, associate director at the state center, for doing so.



"I explained that I had been with (Ferrara) every day for almost two years and I was very close to him and I wanted to visit with him and I didn't see anything wrong with it," Burgos said.



Stephanie Goodman, spokeswoman for the state Health and Human Services Commission/Office of Inspector General, said a time-stamped video and witness accounts contradicted Burgos' report of alleged abuse, which prompted the false statement finding against her.



DADS state centers serve people with intellectual and developmental disabilities who are medically fragile or who have behavioral problems. Most residents cannot speak for themselves about what goes on in their environment, and the state is the legal guardian for some of them.



Diana Washington Valdez may be reached at dvaldez@elpasotimes.com; 546-6140.








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