Consultants to join CVTC probe

By Cynthia Pegram

Published: November 5, 2008

A team of three consultants from a California company will shadow investigators from the Department of Justice when they come to the Central Virginia Training Center in Madison Heights next month.

‘We have no clear idea of why the Department of Justice is coming — we have broad categories outlined in the letter.’
— Teja Stokes,
Commissioner of special projects for the Department of Mental Health, Mental Retardation and Substance Abuse Services

The hiring of H&W Independent Solutions of La Quinta is consistent with a national standard of practice during such investigations, said Teja Stokes, commissioner of special projects for the Department of Mental Health, Mental Retardation and Substance Abuse Services.

“The consultant team is able to come in and help look at things that cause concern,” said Stokes. The consultants know what kinds of questions may be asked, and what CVTC staff may want to look at, and what to expect.

“We have no clear idea of why the Department of Justice is coming — we have broad categories outlined in the letter,” said Stokes.

The visit is set for Nov. 18-21.

The Department’s Civil Rights Division notified Gov. Timothy M. Kaine by letter in August that an investigation would commence into the “care and treatment of residents at the Central Virginia Training Center.”

The letter said, “We are obliged to determine whether there are systemic violations of the Constitution or laws of the United States in the conditions at CVTC. Our investigation will focus on protection of residents from harm and habilitation, and treatment programming.”

This will be the first Department of Justice investigation of CVTC, a state residential program for people with intellectual disabilities. About 460 people live there. Many are also physically disabled and cannot walk.

Stokes said that Department of Justice findings are not reported for 12 to 18 months after a visit.

“Our consultant team will shadow the DOJ experts,” said Stokes. The shadowing, she said, means that an action plan can be crafted and implementation begin “while waiting for final findings.”

Making that effort, she said, shows that the state is proactive about issues that may be uncovered.

Although the state doesn’t know what triggered the Department of Justice investigation, Stokes said it represents “an opportunity for us to improve what we’re doing and the services we provide for people.”

Cost for H&W Independent Solutions will “not exceed more than $2,000 per day per expert excluding travel time, or $250 an hour for office-based work that does not equate to a full day’s work,” Meghan McGuire, state mental health department spokeswoman, said by e-mail after requests for the information by The News & Advance.

On its first request, The News & Advance was told the payment information was not available because it is protected as an “attorney work product.” The News & Advance contended that since the investigation is of a state facility, and being conducted under federal civil rights law and by a federal agency, any payment to a private group should be public information.

Virginia is not the only state to have a state-owned mental retardation facility investigated or to seek help from private consultants.

Tamie Hopp is director of governmental relations and advocacy for the Voice of the Retarded, a 25-year-old national advocacy organization that supports living options that include appropriate placement in large state facilities.

Hopp, based in South Dakota, said many, but not all, states use consultants when preparing for Department of Justice Investigations.

“We’ve recommended that to families in the past ... not so much to prepare, but to have another set of eyes alongside of DOJ while it’s happening.”

Hopp said, “Our experience is that DOJ is not eager to file a lawsuit and will work with a state to address concerns.”

At CVTC, consultants met last month with officers of Friends and Families of CVTC as well as selected CVTC staff and state representatives.

“The family perspective is unique,” said Hopp. “Not only are they another set of eyes and ears, they are intimately concerned with what’s going on in a facility. They very much hold the position of ‘fix it, don’t close it.’”

Families, she said, are not blind to the problems in facilities, but “they’re not willing to put up with anything but excellent care for loved ones.”

The degree to which families are satisfied, she said, “speaks volumes about the quality of care.”

Mark Wiesel, co-owner of H & W Independent Solutions, referred a request for an interview to Jane Hickey of the Virginia Attorney General’s office. Hickey did not respond to a telephone request for an interview, but a spokesman from the Attorney General’s office referred the call back to the state mental health department.