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P R E S S R E L E A S E
FOR IMMEDIATE RELEASE
May 18, 2023

FAMILIES SETTLE CLAIMS AGAINST STATE OF IDAHO FOR PERVASIVE ABUSE AND NEGLECT OF INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES AT SOUTHWEST IDAHO TREATMENT CENTER

Settlement includes $1.2M payment, unlimited access to treatment center, corrective plans and reports Boise, Idaho – After a lengthy lawsuit, six families have settled their federal court claims against the state of Idaho for abuse, neglect and maltreatment of individuals with intellectual and developmental disabilities who resided at the Southwest Idaho Treatment Center. Approved by the federal court in Boise, the settlement includes a $1.2 million payment and the state’s promises not to retaliate against the families, comply with all federal and state laws, and provide corrective plans to the families. It also allows DisAbility Rights Idaho unlimited access to the treatment center, records and investigative reports, and attendance at quarterly meetings.

“This culminates a long legal road for families who suffered such unbelievable abuse, injury and death of their loved ones,” said Shamus O’Meara, counsel for the families with the law firm of O’Meara Wagner in Minneapolis. “We are proud to be part of an exceptional multi-state team advocating for this successful outcome for individuals with intellectual and developmental disabilities and their families.”

Co-counsel Char Quade, Managing Partner at CK Quade Law, in Boise, stated, “This settlement speaks to the intolerance of mistreating individuals with developmental disabilities, requiring vital dialog with the disabilities community to ensure the proper operation and management of the state’s treatment center so that no further abuse or neglect will occur to our vulnerable citizens. No family should ever have to worry their loved one will be neglected, abused, or die when seeking services for them in the state of Idaho.”

The lawsuit followed DisAbility Rights’ 2018 investigative report, No Safe Place to Call Home, A Report on the Cycle of Abuse, Neglect and Injury at the Southwest Idaho Treatment Center, finding it “consistently failed to offer the treatment, services and protections that it is by law obligated to provide those in its care” resulting in “woefully inadequate response to acts of abuse and neglect, created a cycle of abuse, neglect, and injury, affecting every person at the facility from the moment they are admitted until their discharge or, in some cases, death.” The Idaho legislature’s 2019 report also found the state “lacks a coherent vision for services to individuals with intellectual disabilities who are in crisis,” with management “winging it” without an effective approach to solving problems.

For more information, please contact

O’MearaWagner, P.A
O’MearaWagner, P.A.
7401 Metro Blvd. Suite 600
Minneapolis, MN 55439
spomeara@olwklaw
952.806.0438

Charlene K. Quade
C.K. Quade Law, PLLC
5519 N. Glenwood St. Suite 110
Garden City, ID 83714
char@charquadelaw.com
208.367.0723

Click here to download a PDF version of this notice.

This notice is to inform you that DisAbility Rights Idaho (DRI) is planning to visit State Hospital West in July of 2023. The purpose of our visit to your facility is to conduct a monitor which includes visiting the facility, speaking with residents and staff, and observing the general atmosphere and environment of the facility to monitor for compliance regarding safety and clients’ rights.

DRI is Idaho’s Protection and Advocacy System (P&A). Each state’s P & A is part of a federally mandated system with the authority and obligation to protect and advocate for the human and legal rights of individuals with developmental disabilities, mental illness and/or other disabilities. Developmental Disabilities Assistance and Bill of Rights Act (PADD), 42 U.S.C. § 15001, et seq.; Protection and Advocacy for Individuals with Mental Illness Act (PAIMI), 42 U.S.C. §10801; and, Protection and Advocacy for Individual Rights (PAIR), 20 U.S.C. §794e. Since our establishment in 1977, we have visited facilities and service providers across the state to monitor the rights and safety of individuals with disabilities.

Under Federal law, the P&A system and all authorized agents of the P&A system must have reasonable unaccompanied access to facilities which may house or render care to individuals with disabilities, including all areas which are used by residents, accessible to residents, and to programs
and their residents at reasonable times – which, at a minimum, shall include normal working and visiting hours. 42 C.F.R. §51.42(c); 45 C.F.R. §1326.27. Such residents that the P&A is to have access to during a monitor include adults and minors who have legal guardians or conservators. 42 C.F.R. §51.42(e); 45 C.F.R. §1326.27(c)(1). DRI also has authority to educate
individuals with disabilities about their rights and available P&A services. 42 C.F.R. §51.42(c)(1); 45 C.F.R. §1326.27(c)(2)(i). Thus, as part of our monitoring, DRI intends to present on and provide materials to educate individuals regarding their rights, services available from DRI, and other
appropriate referrals.

Once we confirm the dates for our visit, we will post a notification on our website (www.disabilityrightsidaho.org). If you have any questions or concerns regarding DRI’s monitoring activities or would like to speak with DRI staff regarding your child’s care and treatment at this facility, please contact a member of our Youth Unit at (208) 336-5353.

Click here to download a PDF version of this notice.