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PUERTO RICO TO IMPROVE CONDITIONS AT ITS MENTAL RETARDATION

WASHINGTON, D.C. -- Disabled residents living in Puerto Rico's six residential mental retardation facilities will be free from abuse and neglect and will receive adequate care and treatment, under an interim settlement agreement reached today with the Justice Department.

The agreement, filed with a lawsuit in U.S. District Court in San Juan, Puerto Rico, requires the Commonwealth to take immediate steps to upgrade conditions at its six residential mental retardation facilities. Under the interim agreement, the Commonwealth will address the most serious conditions and practices at the facilities while they work with the Justice Department to negotiate a more comprehensive settlement.

"It is very important that we protect the rights of persons with mental retardation and ensure that they receive necessary services," said Bill Lann Lee, Acting Assistant Attorney General for Civil Rights. "We are very pleased with today's agreement and look forward to continuing to work in the same spirit of cooperation to accomplish positive change throughout Puerto Rico's mental retardation service system."

The Justice Department began investigating the facilities under the Civil Rights of Institutionalized Persons Act (CRIPA) after receiving complaints about conditions and practices in the facilities. Under CRIPA, the Justice Department has the authority to investigate public institutions, including mental retardation facilities, to ensure that residents are receiving adequate care and treatment.

Under today's agreement, the Commonwealth will:

protect residents from staff abuse and neglect;

provide residents with adequate food, medications, clothing, and ensure that they are adequately bathed, washed and groomed;

provide residents with adequate and appropriate medical, nursing, and mental health care and provide residents who need them with adequate wheelchairs;

ensure that restraints are not used as punishment or for the convenience of staff;

provide enough direct care and professional staff to ensure that residents are adequately supervised, protected, and receive necessary care and services based on their individualized needs;

ensure that all staff are appropriately trained to adequately implement the terms of the agreement; and,

make necessary repairs in the mental retardation facilities to remedy problems with plumbing, toilets, electrical wiring, and leaky roofs.

The Commonwealth has also agreed to develop a community-based service system plan to help transition appropriate residents from institutional care to community care. The plan will be submitted to the Justice Department for approval.

In addition to today's agreement, which must be approved by the Court, the parties have agreed to negotiate for the next six months to reach a more comprehensive settlement agreement that will address other concerns identified during the Justice Department's investigation.

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