'He Will Find Me': The Story of a Woman, Her Killer, and How California Courts Fail to Disarm Abusers
How to Shelter in Place if You Live With Domestic Abuse
'Hurtful, Offensive and Heartbreaking': Major Patient Abuse Scandal Hits S.F.'s Laguna Honda Hospital
My Sister Can’t Speak, But She Makes Herself Heard
In the Wake of the #MeToo Movement, a Former Abuser Apologizes
Abuse Findings Continue at California Centers for the Disabled, Despite Scrutiny
Who's Protecting the Abused Elderly?
State Threatens to Shut Down Disability Center Amid Patient Abuse
Release of Uncensored Developmental Center Citations Ordered
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The four-story steel structure with its light granite exterior boasts 10 courtrooms, large flat-screen monitors and a glass-skinned atrium. The \u003ca href=\"https://www.courts.ca.gov/facilities-madera.htm\">courthouse opened in 2015\u003c/a> in this county of 160,000, part of a decades-long effort to shift funding and oversight of local courts to the state and ensure equal access to justice for all Californians.\u003c/p>\n\u003cp>“The Madera Courthouse was designed to demonstrate the transparency and dignity of democracy, providing a place to facilitate the workings of the American ideals of justice,” the \u003ca href=\"https://www.acmartin.com/portfolio/madera-county-courthouse\">architect’s website\u003c/a> says.\u003c/p>\n\u003cp>Calley Garay, a 32-year-old mother of three young boys, came here in June 2020 seeking protection against a husband she said was abusive.\u003c/p>\n\u003cp>Julio Garay warned her that a restraining order was nothing more than a piece of paper and wouldn’t keep him away, court records say.\u003c/p>\n\u003cp>But the beatings were getting worse, the threats more ominous, and local law enforcement was still investigating her allegations. She needed help. So, planning for a new life with her children free from his control, Calley filled out the standard domestic violence restraining order request. Hers was one of \u003ca href=\"https://www.courts.ca.gov/documents/2021-Court-Statistics-Report.pdf\">72,000 such forms\u003c/a> Californians — mostly women — filed statewide that fiscal year, including 211 in Madera County.\u003c/p>\n\u003cp>\u003cem>We are now married or registered domestic partners.\u003c/em> Check.\u003c/p>\n\u003cp>\u003cem>We are the parents together of a child or children under 18.\u003c/em> Check.\u003c/p>\n\u003cp>\u003cem>I believe the person…owns or possesses guns, firearms, or ammunition.\u003c/em> Check.\u003c/p>\n\u003cp>The answer to that last question on Calley’s form told the court her case could be particularly dangerous. Research shows the presence of a firearm increases the likelihood \u003ca href=\"https://jhu.pure.elsevier.com/en/publications/armed-prohibited-and-violent-at-home-implementation-and-enforceme\">domestic violence will turn deadly\u003c/a>. It’s why people who are the subject of a restraining order in California — even a temporary one — aren’t allowed to have guns. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=6389.\">By law\u003c/a>, they are supposed to surrender their weapons to law enforcement or a licensed dealer within 24 hours of being served.\u003c/p>\n\u003cp>And if a simple check box wasn’t enough to grab a judge’s attention, Calley attached to the form more than a dozen pages of horror, including descriptions of assaults and photos of bruises on her leg, back and chest.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Calley Garay, in court documents\"]'He has always told me that a restraining order is not bulletproof and that he will find me.'[/pullquote]Through it all was mention of a gun — a gun in his pocket when he yelled at her outside their son’s school. A gun when he threatened to take her into the orchards and kill her.\u003c/p>\n\u003cp>What happened to Calley Garay — a story that culminated in the Madera courthouse last November — is about more than one woman. It’s about California’s inability to disarm abusers, a longstanding failure that judges, advocates and law enforcement have been warning about for years.\u003c/p>\n\u003cp>CalMatters spent months combing through government reports, reviewing case files in various counties, and interviewing people across the state. The reporting shows that equal access to justice is still elusive. The protections domestic abuse survivors get from the courts vary widely, depending on where they live or the judge handling their case.\u003c/p>\n\u003cp>And California, with arguably the toughest gun control measures in the country, too often struggles to enforce those laws.\u003c/p>\n\u003cp>In July, \u003ca href=\"https://calmatters.org/justice/2021/07/california-gun-law-failing/\">CalMatters reported\u003c/a> on the state Justice Department’s difficulty clearing a backlog of cases in its Armed and Prohibited Persons System, a database of known gun owners who are barred from having firearms because of a conviction or other court order. At the start of last year, 24,000 people were in the system, including nearly 4,600 because of a restraining order. Those are just the people California knows have guns. It doesn’t include the many people — like Julio Garay — whom abuse survivors say possess unregistered firearms.\u003c/p>\n\u003cp>In her request for a restraining order, Calley ended her description of a May 7, 2020, attack — the one that drove her to leave — by telling the court about fear.\u003c/p>\n\u003cp>“He has always told me that a restraining order is not bulletproof and that he will find me,” she wrote.\u003c/p>\n\u003cp>A month later, he did.\u003c/p>\n\u003ch2 style=\"text-align: center;\">I\u003c/h2>\n\u003cp>Calley Jean Garay realized she had to escape in May of 2020. Everything was getting worse.\u003c/p>\n\u003cp>The beatings were frequent and with whatever was at hand: June 2019, a belt. August 2019, a steel-toe boot. November 2019, a screwdriver. February 2020, a fire poker. May 2020, a black metal bar. In one attack, her 6-foot, 260-pound husband hit her so hard with a hair brush that it broke and flew behind her dresser.\u003c/p>\n\u003cp>CalMatters pieced together Calley’s story through interviews, state and federal court filings and sworn testimony. An attorney for Julio Garay said his client wouldn’t talk for this article.\u003c/p>\n\u003cp>Records show that almost anything could set him off. A misplaced receipt, coffee that was too hot, a truck that wouldn’t start. The first time he hit her — punching her glasses off her face while sitting in a Taco Bell drive-thru in December 2012, shortly after they'd started dating — was after arguing on the phone with his prior wife. Another time he beat Calley because some men had cheated him in a car deal and Julio blamed her for not having his back.\u003c/p>\n\u003cp>[aside postID=\"news_11898155,news_11890534,news_11877217\" label=\"Related Stories\"]Calley said he had a signal when he felt she was disobeying him and a beating was coming. He’d start tapping his foot on the ground.\u003c/p>\n\u003cp>If she stayed, there was only one way it was going to end.\u003c/p>\n\u003cp>“She was terrified that she was going to die if she didn’t get out of there and her kids were going to be killed as well,” said Sarah Rodriguez, 37, Calley’s cousin, who grew up with her in Chowchilla, a city of 18,000.\u003c/p>\n\u003cp>Rodriguez’s mother, Terry Bassett, lived near the Garays in the quiet neighborhood of well-kept single-family homes. Bassett’s son was in the front yard in early May of 2020 when Calley — who might have lived a world away for how little she saw of the family by then — made a quick U-turn in front of him and told him to have her aunt come by to talk, Rodriguez said.\u003c/p>\n\u003cp>That conversation kicked off a flurry of calls and activity in Calley’s large family. They were getting their girl back, but she needed help.\u003c/p>\n\u003cp>Rodriguez said she and her mother rented a black Toyota SUV out of town and parked it away from the house. They reached out to a local victim services organization, which helped arrange for a hotel room for Calley and the boys, then ages 1, 4, and nearly 6.\u003c/p>\n\u003cp>The day of the escape would be May 15, 2020, when Julio, a truck driver for Save Mart, was working in Monterey. There would be a window between 3 a.m. and 5 a.m. when he wouldn’t be checking in by phone to make sure she was home.\u003c/p>\n\u003cfigure id=\"attachment_11902155\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01-.jpeg\">\u003cimg class=\"size-medium wp-image-11902155\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--800x533.jpeg\" alt=\"A mugshot of a man with a black shirt in Madera County Department of Corrections.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--800x533.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1020x680.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--160x107.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1536x1024.jpeg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--2048x1366.jpeg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1920x1280.jpeg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Julio Garay’s booking photo from the Madera County Department of Corrections. \u003ccite>(courtesy of the Madera County district attorney’s office)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Bassett stood by the front window in the dark early morning, waiting to see Calley come out of the house. But the time began to tick away: 4 a.m. ... 5 a.m. ... 5:30.\u003c/p>\n\u003cp>Bassett was in constant contact with Rodriguez. They wondered if they should knock on the door. But what if he’d come back?\u003c/p>\n\u003cp>Calley had tried to escape once before in 2015, the year the couple married. She went to the Chowchilla police and had criminal domestic violence charges filed against him. She also sought a restraining order from the family court in Madera, alleging he threatened to shoot her head “clean off.” But she had a 1-year-old son and was pregnant with a second, and gave up on the restraining order, records show. Calley’s family believes he found out where she was hiding and forced her home.\u003c/p>\n\u003cp>Julio took a plea deal in the criminal case. The same day in 2016 that she was in a Fresno hospital giving birth, he was in a Madera courtroom pleading no contest to disturbing the peace “by loud and unreasonable noise.” He got off without jail time.\u003c/p>\n\u003cp>At 6 a.m. on May 15, 2020, Calley finally emerged from the house. It turned out, she had forgotten to pack Julio chips in his lunch and he’d called to yell at her, telling her he was going to put her in the morgue, Rodriguez said.\u003c/p>\n\u003cp>The aunt rushed over, and they loaded the three sleepy boys into the rented SUV and drove straight to the Chowchilla police station.\u003c/p>\n\u003cp>Officer Ernest Escalera took the report. Over the course of an hour, she told him about the assaults and how Julio had warned that a restraining order wasn’t bulletproof, he would later testify.\u003c/p>\n\u003cp>“She was crying and stated that he was going to try and kill her,” Escalera said. They did the interview in the lobby of the station because of COVID and Calley seemed distracted — watching the passing cars and saying she expected to see him. A female sergeant took photos of the bruises over Calley’s body.\u003c/p>\n\u003cp>The family then drove Calley and the children to the hotel.\u003c/p>\n\u003ch2>Threats. Beatings. Escape plans. Secret hotel rooms\u003c/h2>\n\u003cp>This is the reality for domestic violence survivors every day across California. Many, like Calley, connect with a local nonprofit to help navigate the justice system.\u003c/p>\n\u003cp>In Sacramento County, these survivors end up on the third floor of a modern office building, at the \u003ca href=\"https://www.sacramentofjc.org/\">Sacramento Regional Family Justice Center\u003c/a>. Like the victim services organization that helped Calley, this is where police and prosecutors in the capital city often refer abuse survivors for everything from counseling and shelter to filling out court forms and legal advice. The center is conveniently located above the county’s child support services and across the street from family court.\u003c/p>\n\u003cp>Some people end up here on their own. In fact, many women and men experiencing abuse choose not to involve law enforcement for a variety of reasons, experts say, including fear of police, concern about the impact on child support, and the risk of further antagonizing a dangerous partner. Instead, they might seek only protection via a family court-issued domestic violence restraining order. That means a family court judge might be the only official to ask about a gun and try to ensure an abuser is disarmed.\u003c/p>\n\u003cp>On a recent morning at the Sacramento office, a handful of women sat in a waiting room for their turn to speak with a counselor or attorney. Inside, others were in private rooms — named after domestic violence homicide victims — sharing their tales of abuse and getting help filling out a state form called a \u003ca href=\"https://www.courts.ca.gov/documents/dv100.pdf\">DV-100\u003c/a>, the court system’s restraining order request form. A golden Labradoodle named Buddy wandered the office, trained to nuzzle up to those in emotional distress.\u003c/p>\n\u003cp>The office sees as many as three dozen people each day, mostly women. Hanging from the ceiling in one wing of the suite are stuffed sea creatures that a detective brought in, a cheerful addition for the kids who often accompany the abuse survivors and who sometimes must share their own stories in special interview rooms.\u003c/p>\n\u003cfigure id=\"attachment_11902182\" class=\"wp-caption aligncenter\" style=\"max-width: 1200px\">\u003cimg class=\"size-full wp-image-11902182\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2.jpg\" alt=\"A box filled with papers.\" width=\"1200\" height=\"801\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-1020x681.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-160x107.jpg 160w\" sizes=\"(max-width: 1200px) 100vw, 1200px\">\u003cfigcaption class=\"wp-caption-text\">A box of past temporary restraining orders from the court waiting to be picked up by clients at the Sacramento Regional Family Justice Center in Sacramento on Nov. 1, 2021. The center provides support for survivors of domestic violence and elder abuse. \u003ccite>(Salgu Wissmath/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The center’s case managers and attorneys always ask new clients whether their abuser has guns and to make sure to include that information on restraining order request forms, said Faith Whitmore, the center’s chief executive officer.\u003c/p>\n\u003cp>But, she said, judges there don’t seem to follow up — failing to ask detailed questions or use their power to try to force abusers to comply. Among those powers: Family courts are empowered to hold hearings to check on the status of guns, and judges can hold abusers in contempt if a firearm isn’t surrendered.\u003c/p>\n\u003cp>Whitmore acknowledged it can be difficult for courts to know whether an abuser is actually armed. Many guns are unregistered, invisible in a background check. And sometimes victims believe there’s a gun but lack proof.\u003c/p>\n\u003cp>Still, the stakes are so high the courts should be trying harder — asking questions, holding hearings, checking for receipts, she said.\u003c/p>\n\u003cp>“If it is the law — and there’s a reason there is a law and the courts are the ones to enforce that — it seems that throwing up one’s hands should not be the default response,” Whitmore said.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Ayano Wolff, attorney, Legal Aid Foundation of Los Angeles\"]'We haven’t seen any kind of proactive approach from the courts to ensure that the individual has relinquished their guns.'[/pullquote]Social worker Yolanda Torres sat in on two recent cases in which victims alleged their abusers were armed. In one case, the gun was surrendered, Torres said. In the other, the abuser claimed to have sold the gun but “there was no follow-through,” she said — the court simply took the man’s word and moved on.\u003c/p>\n\u003cp>In Southern California, attorneys working with people experiencing domestic violence tell a similar story.\u003c/p>\n\u003cp>“We haven’t seen any kind of proactive approach from the courts to ensure that the individual has relinquished their guns,” said Ayano Wolff, an attorney with the \u003ca href=\"https://lafla.org/\">Legal Aid Foundation of Los Angeles\u003c/a>, or LAFLA.\u003c/p>\n\u003cp>California has no statewide statistics on how often armed abusers violate a restraining order and kill their partner, though it appears to be rare. The state Justice Department identifies about 50 \u003ca href=\"https://data-openjustice.doj.ca.gov/sites/default/files/2021-06/Homicide%20In%20CA%202020.pdf\">domestic violence-related homicides\u003c/a> each year in which the killer used a firearm. That’s compared to nearly 80,000 restraining order requests. More common appears to be the kind of terror CalMatters heard about in January from one of LAFLA’s clients, a 24-year-old woman who was staying at a domestic violence shelter after getting a restraining order against her husband.\u003c/p>\n\u003cp>The woman didn’t want her name used out of fear for her safety. But case filings showed that she told the court her husband had multiple guns and had threatened her with them.\u003c/p>\n\u003cp>“I have never done anything bad in my life,” she said through an interpreter, sobbing. “This man has made my life hell. I want justice.”\u003c/p>\n\u003cp>Nine months after that interview, she still was too fearful to use her name. Nothing in the court records indicates that her abuser, who admitted to having guns, has surrendered them.\u003c/p>\n\u003cp>One of her attorneys, Brenton Inouye, said it’s not surprising: “It’s really spotty as to whether it gets enforced or not.”\u003c/p>\n\u003ch2>Years of warnings about flaws in the system\u003c/h2>\n\u003cp>Judges, law enforcement professionals and advocates have been warning for years about such flaws in the system.\u003c/p>\n\u003cp>A 2005 report from a state attorney general’s task force indicated that California was \u003ca href=\"http://www.ncdsv.org/images/CA-AG_DVKeepingThePromiseVictimSafetyAndBattererAccountability_6-2005.pdf\">failing to disarm abusers\u003c/a>.\u003c/p>\n\u003cp>A state court system task force in 2008 found that people seeking restraining orders “erroneously believe that when the court orders the restrained person to relinquish firearms, either law enforcement or the courts will take steps to ensure that the order is followed.” Instead, the \u003ca href=\"https://www.courts.ca.gov/documents/dvpp_rec_guidelines.pdf\">onus is on gun owners\u003c/a> to comply, the report said.\u003c/p>\n\u003cp>A 2019 report from Sacramento County’s Domestic Violence Death Review Team flagged the issue, saying “proactive enforcement” of firearm relinquishment orders was \u003ca href=\"https://www.sacda.org/wp-content/uploads/2020/07/DVDRT-2019.pdf\">“currently nonexistent.”\u003c/a>\u003c/p>\n\u003cp>And last year, \u003ca href=\"https://lhc.ca.gov/\">California’s independent watchdog commission\u003c/a> said the state could \u003ca href=\"https://lhc.ca.gov/sites/lhc.ca.gov/files/Reports/256/Report256.pdf\">do more to recover guns\u003c/a> from abusers it knows possess registered firearms.\u003c/p>\n\u003cp>The focus has led to some changes, including laws aimed at identifying armed abusers. But experts say it’s not enough. Much of the problem — and potential solution — lies with family courts.\u003c/p>\n\u003cp>State law requires the courts to do\u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=6306.\"> a background check\u003c/a> on alleged abusers before issuing a restraining order, including a search for legally purchased firearms. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120SB1433\">The requirement\u003c/a> only applies to courts with the resources to afford such background checks, and the state Judicial Council — the court system’s policy-making body — was legislatively tasked with determining which courts couldn’t comply. But as \u003ca href=\"https://calmatters.org/justice/2021/07/california-gun-law-failing/\">CalMatters reported\u003c/a> in July, that analysis was never done.\u003c/p>\n\u003cp>The council provided a statement to CalMatters, saying, “The council does not have a mandate to track which superior courts are conducting the background checks related to firearms relinquishment nor the authority to ensure enforcement of the relinquishment provisions.\"\u003c/p>\n\u003cp>Only 28 superior courts — fewer than half — have access to the state Justice Department’s web portal that would allow them to see whether an alleged abuser owns a legally purchased weapon, according to the attorney general’s office. While some courts told CalMatters their local sheriff’s office checks firearm registration for them, others acknowledged they don’t regularly get such records.\u003c/p>\n\u003cp>And even when courts do get information that an alleged abuser is armed with a registered — or unregistered — firearm, judges often fail to confirm that the guns are surrendered or to punish individuals who refuse to comply, interviews and case filings show.\u003c/p>\n\u003cp>“We have to come up with a better way of doing this. The honor system is not working,” said Paul Durenberger, a retired Sacramento County prosecutor who was in charge of his office’s family violence bureau.\u003c/p>\n\u003ch2 style=\"text-align: center;\">II\u003c/h2>\n\u003cp>The day after Calley made her report to Chowchilla police in May 2020, Julio Garay was arrested for assault, domestic violence, child abuse and making threats. The district attorney’s office didn’t immediately file charges.\u003c/p>\n\u003cp>Julio bailed out and was placed on the non-complaint calendar. That meant law enforcement would keep investigating and prosecutors could charge him before his scheduled court date of July 13.\u003c/p>\n\u003cp>On June 9, Chowchilla detective Brian Boivie went to the shelter to interview Calley. She told him about more instances of abuse, including some involving a gun, he later testified.\u003c/p>\n\u003cp>She told the detective that in November 2018, Julio returned home from the grocery store angry that their credit card was declined. He began beating her and then loaded her and the kids into the car and drove northwest out of Chowchilla just across the Merced County line.\u003c/p>\n\u003cp>She said Julio pulled into an orchard, angling the car so it would be easy to drive away. He grabbed a handgun and told her to get out.\u003c/p>\n\u003cp>“He then exited the vehicle himself with the firearm in his hand and pulled her out of the … passenger side of the vehicle and began kicking her and hitting her and forcing her down to her knees at the back of the vehicle,” Boivie testified she told him. “He mentioned that he was going to splatter her brains all over the kids, so tell them goodbye.”\u003c/p>\n\u003cp>He put the gun to the side of her head and pulled the trigger.\u003c/p>\n\u003cp>“She knew that the trigger was pulled because she heard the metal-on-metal click,” Boivie said.\u003c/p>\n\u003cp>CalMatters was unable to find evidence that Calley’s story about the orchard increased the urgency with which law enforcement approached the case. The Chowchilla Police Department denied requests for an interview and records because of ongoing court proceedings.\u003c/p>\n\u003cp>The department did not get any search warrants after her domestic violence complaints, law enforcement officials said.\u003c/p>\n\u003cp>The police did get Calley an emergency protective order after her initial May 15 report to police, which is a short-term restraining order that threatens abusers with criminal charges if they don’t stay away from the protected party.\u003c/p>\n\u003cp>On the form, filled out by a police officer, a box is checked stating that firearms were “searched for.”\u003c/p>\n\u003cp>It’s unclear what that means. The Chowchilla police chief declined to say. He called CalMatters’s questions about what his department did to disarm Julio Garay and why the investigation seemed to take so long “offensive.”\u003c/p>\n\u003cp>By mid-June, Calley was still in limbo, living at a shelter and reconnecting with family.\u003c/p>\n\u003cp>The Chowchilla Police Department, a small agency with one detective, was still looking into the abuse allegations — an investigation now in its fourth week — and the emergency protective order was set to expire.\u003c/p>\n\u003cp>A few days after her June 9 interview with Detective Boivie, Calley Garay turned to the family court in the hope a restraining order might protect her from her husband and his gun.\u003c/p>\n\u003ch2>How many weapons are surrendered after restraining orders? There's no data\u003c/h2>\n\u003cp>California has no data on how often alleged abusers surrender their weapons after a restraining order. The state court administration doesn’t track such information.\u003c/p>\n\u003cp>CalMatters asked the Los Angeles Superior Court, which handles a quarter of restraining order requests in the state, for records of domestic violence restraining order cases to attempt to compile such data. The court declined, saying it “does not fulfill individual data requests.”\u003c/p>\n\u003cp>CalMatters was able to review cases in four jurisdictions with more advanced case management systems. In Orange County, for instance, the search identified 219 domestic violence restraining order requests filed the same month that Calley Garay filed her request in Madera County.\u003c/p>\n\u003cp>The Orange County records show that in 25 cases, an allegedly armed abuser was ordered to stay away from someone — either temporarily or for as long as a few years — and turn in any firearms or ammunition they owned while the order was in effect.\u003c/p>\n\u003cp>In only one of those cases did the restrained party file paperwork indicating they had turned in guns. (In several instances, the accused abuser wasn’t formally served and the temporary order expired.)\u003c/p>\n\u003cfigure id=\"attachment_11902184\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902184\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_21-2-e1642798644210.jpg\" alt='A box of papers that says \"Confidential.\"' width=\"1920\" height=\"1282\">\u003cfigcaption class=\"wp-caption-text\">A box of past temporary restraining orders from the court waiting to be picked up by clients at the Sacramento Regional Family Justice Center in Sacramento on Nov. 1, 2021. \u003ccite>(Salgu Wissmath/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Among the individuals who didn’t was a 28-year-old Garden Grove man who allegedly texted his ex-girlfriend, threatening to shoot into her house, and later drove by firing into the air, according to her request for a restraining order (CalMatters doesn’t name victims without their consent). The court granted the ex-girlfriend a full restraining order. Court records show the man didn’t attend the hearing, and there’s nothing in the file indicating the court followed up on the gun allegations.\u003c/p>\n\u003cp>A 30-year-old Pasadena man did attend the hearing on his ex-girlfriend’s restraining order request. She accused him of texting “I have my gun, so if you want to involve your brother, I’ll shoot to kill.”\u003c/p>\n\u003cp>“I’m going to execute you today. You’ll be gone forever. The minute you come outside, I’m going to shoot you,” he texted.\u003c/p>\n\u003cp>A transcript of the hearing shows the judge asked the man for his side of the story.\u003c/p>\n\u003cp>“Your Honor, I don’t dispute anything that she said,” the man stated. Despite the admission, the judge didn’t ask a single question about the supposed gun, nor did the judge tell the man he had to surrender his firearms.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Jane Stoever, director, Domestic Violence Clinic at UC Irvine School of Law\"]'For there to be that many cases of known firearms in the home and then that lack of follow-through when there is an opportunity for safety — we're failing.'[/pullquote]A month after that hearing, the man allegedly violated the order by contacting her again. He was charged criminally with violating the restraining order 11 times from late July through August of 2020. The case is still open.\u003c/p>\n\u003cp>CalMatters also reviewed cases from the first two weeks of 2020 to see whether there was a difference pre-pandemic. In nine cases where judges issued a full restraining order after a hearing against someone accused of being armed, none of the files included proof that any guns were surrendered.\u003c/p>\n\u003cp>“It’s devastating to hear this,” said Jane Stoever, a law professor who directs the Domestic Violence Clinic at UC Irvine School of Law. “For there to be that many cases of known firearms in the home and then that lack of follow-through when there is an opportunity for safety — we’re failing.”\u003c/p>\n\u003cp>CalMatters provided the list of cases and questions to the Orange County Superior Court.\u003c/p>\n\u003cp>A spokesperson returned written responses, saying judges are limited in what they can do without evidence and that the court is “not an investigating or prosecuting agency.”\u003c/p>\n\u003cp>“The Court has no enforcement authority. This is a basic fact of the Constitutional separation of powers,” according to the statement. \"Judges may hold [a] review hearing, if it is brought to their attention by law enforcement or one of the parties that a restrained person has a firearm.”\u003c/p>\n\u003cp>A court spokesperson declined to talk about specific cases.\u003c/p>\n\u003ch2 style=\"text-align: center;\">III\u003c/h2>\n\u003cp>When Calley Garay filled out the restraining order request form, she checked the boxes saying Julio had a firearm and that he’d threatened her with it. And she included 11 single-spaced pages of abuse allegations, including the story about him putting a gun to her head in the orchard.\u003c/p>\n\u003cp>The court immediately issued a temporary restraining order, which told Julio he couldn’t have guns or ammunition and told him to surrender them to a licensed dealer or to law enforcement.\u003c/p>\n\u003cp>“The judge will ask you for proof that you did so,” the order stated.\u003c/p>\n\u003cp>Three days later, on June 15, a hearing took place in front of Judge Brian Austin, a former police officer elected to the bench in 2018.\u003c/p>\n\u003cp>A transcript of the proceedings shows there was talk about custody and hearing dates.\u003c/p>\n\u003cfigure id=\"attachment_11902152\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902152\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/092821_JulioGaray_LV_sized_01-e1642798946208.jpg\" alt='The outside of a building that says \"Superior Court of California County of Madera.\"' width=\"1920\" height=\"1280\">\u003cfigcaption class=\"wp-caption-text\">Madera County Superior Court. \u003ccite>(Larry Valenzuela/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The judge — who had indicated on the record that he reviewed Calley’s filing — asked just one question about guns.\u003c/p>\n\u003cp>“Sir, there’s no information that you have any guns or firearms or ammunition. Do you think you have any of these items?” the judge asked.\u003c/p>\n\u003cp>“No,” Julio Garay replied.\u003c/p>\n\u003cp>Judge Austin declined to comment for this story, citing ongoing court proceedings.\u003c/p>\n\u003cp>The next hearing was July 6. The judge asked no questions about the gun; the issue of firearms didn’t come up, according to a transcript of the hearing.\u003c/p>\n\u003cp>The judge continued the case to the end of the month and told Julio that he still had to stay away from Calley and the kids. In the courtroom, Julio turned in his seat toward his wife, a witness later testified. He started tapping his foot.\u003c/p>\n\u003cp>There was not a third hearing.\u003c/p>\n\u003ch2>Some courts do better than others\u003c/h2>\n\u003cp>Even the advocates acknowledge that family courts are limited. Judges aren’t law enforcement officers; they don’t go out to search people’s homes. And experts say many don’t have enough resources to do more, given the volume of cases.\u003c/p>\n\u003cp>Still, some courts do have clear protocols to at least attempt to enforce firearm relinquishment orders.\u003c/p>\n\u003cp>Take Mendocino County on California’s North Coast. CalMatters reviewed 19 cases filed in Mendocino County’s Superior Court the same month that Calley filed her request in Madera. The records reveal a clear and consistent process for handling firearm relinquishment in restraining order cases.\u003c/p>\n\u003cp>Cindee Mayfield has been a Mendocino County judge for almost 24 years, including 10 in family court. She praised the state Judicial Council for educating judges about firearm issues and said such training encouraged her to develop her court’s approach.\u003c/p>\n\u003cp>After a temporary restraining order is issued or a hearing set, her court does a background check on an alleged abuser, looking for registered firearms. The search is noted in every case docket. If there is a registered firearm, or the person asking for the order indicates the abuser is armed, the judge will ask about alleged guns at a hearing to make a record of the issue. If alleged abusers deny owning a gun, the court has them sign a statement under penalty of perjury saying they don’t have guns. If there is evidence of a gun and no proof of surrender, the judge holds a special hearing.\u003c/p>\n\u003cp>In the three cases CalMatters found where the court issued a full restraining order against an allegedly armed abuser, two of the men filed proof they surrendered guns. In the third case, Mayfield held a special hearing because the man didn’t file such proof.\u003c/p>\n\u003cp>Mendocino is a rural county where hunting and ranching are a way of life, so the issue comes up often, Mayfield said.\u003c/p>\n\u003cp>“We have a lot of people that do have registered firearms,” she said. “They’re sometimes kind of loath to give them up. And so sometimes we do have to do follow-up hearings with people just to verify the fact they’ve complied with the law.”\u003c/p>\n\u003cp>Mayfield said it’s important to have clear, consistent policies.\u003c/p>\n\u003cp>“I do kind of feel bad sometimes because they want them for wildlife or snakes or what have you on their ranches,” she said. “But it’s like, at this point for the next three years, I’m sorry, you’re just not going to have guns because it’s not safe.”\u003c/p>\n\u003cp>The Legislature has made some efforts to force all courts to act more like Mendocino. A 2019 bill would have required family court judges \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billVersionsCompareClient.xhtml?bill_id=201920200AB465&cversion=20190AB46597AMD\">to hold special hearings\u003c/a> on firearm relinquishment, among other changes. As it stands, such \u003ca href=\"https://www.courts.ca.gov/cms/rules/index.cfm?title=five&linkid=rule5_495\">hearings are optional\u003c/a> in family court. (Criminal court judges can also issue protective orders when an abuser is charged with a crime. Those criminal court judges don’t have the same discretion and \u003ca href=\"https://www.courts.ca.gov/cms/rules/index.cfm?title=four&linkid=rule4_700\">must hold hearings\u003c/a> on firearms if they believe the subject of such a protective order is armed.)\u003c/p>\n\u003cp>The Judicial Council \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=201920200AB465\">opposed the bill\u003c/a>, saying it presented “workload challenges” and that significant procedural changes could affect court operations and lead to delays. The bill was ultimately gutted and replaced with something else.\u003c/p>\n\u003cp>Lawmakers came back at the issue this past year. The Judicial Council worked with the author to resolve “the procedural problems” of the prior legislation, according to the council’s statement. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB320\">That bill\u003c/a> — a more modest effort that still doesn’t require special firearm hearings — passed without council opposition.\u003c/p>\n\u003ch2 style=\"text-align: center;\">IV\u003c/h2>\n\u003cp>Julio’s 2020 date to appear before a criminal court judge was pushed back from mid-July to Sept. 14 because law enforcement needed time to interview the children, according to the district attorney. In texts to her cousin Rodriguez, Calley expressed frustration at the pace, mentioning COVID-related delays and including an angry, swearing emoji.\u003c/p>\n\u003cp>With her husband still out there and armed, Calley and the kids stayed holed up in a secret shelter outside the city, her family said.\u003c/p>\n\u003cp>“They were together,” her mother, Jodie Williams, said in a recent interview. “That’s all that mattered.”\u003c/p>\n\u003cp>Text messages between Calley and Rodriguez show the young mother’s hope for the future.\u003c/p>\n\u003cp>“Today we are celebrating freedom in many ways!!!” Calley wrote on July 4, 2020.\u003c/p>\n\u003cp>In another, she texted: “All the things he wouldn’t let me wear,” along with a photo of earrings, makeup and nail polish.\u003c/p>\n\u003cp>Calley was searching for apartments out of the area, near police stations, in case he ever came looking for her, Rodriguez said. And despite life in hiding, she was taking care of herself. She’d lost weight and scheduled a doctor’s appointment at Camarena Health in Madera for July 14, records show.\u003c/p>\n\u003cp>The day before that appointment, a receptionist at the health center called the number in the clinic’s system to confirm the date and time.\u003c/p>\n\u003cp>A man answered.\u003c/p>\n\u003cp>Julio hung up his cellphone after telling the receptionist that he would take a message for his wife. Calley would be at Camarena Health on East Almond Avenue in Madera at 1:15 p.m. the next day. He started getting his affairs in order. There wasn’t much time.\u003c/p>\n\u003cp>From a friend, he borrowed a white Chevy pickup truck with a pink crown decal in the back window and a dent on the rear passenger side. The morning of July 14, 2020, he arrived at the county clerk’s office right when it opened at 8 a.m. Visitor logs show he was the fifth person in the door.\u003c/p>\n\u003cp>There, he filed paperwork to have the home he was living in transferred to his adult daughter from a prior marriage. Then he went to an auto parts store to buy car window shades, which he’d need for what he did next.\u003c/p>\n\u003cp>Julio drove into the parking lot on East Almond Avenue sometime before 10:45 a.m. That’s when an administrative assistant at a dialysis center, which shares a parking lot with Camarena, went to Starbucks. The worker later testified that he saw a white pickup parked next to his and a man sitting behind the wheel.\u003c/p>\n\u003cp>The truck was backed into a spot and Julio had a clear view of the health center door. The window shades would have obscured his face from passersby but also shielded him from the midday sun. He sat there for hours in the 90-degree heat.\u003c/p>\n\u003cp>Sometime after 1 p.m., he watched the 2007 white Toyota Sienna minivan pull up and let Calley out with their two youngest boys, who were wearing matching jersey-style T-shirts, red with black sleeves. He saw her walk in and watched the minivan pull away to get gas and then return a short time later, parking a few spaces from the front doors of the clinic.\u003c/p>\n\u003cp>His oldest son, then 6, was in the parked minivan, a victim services worker in the driver seat. They talked about the boy’s favorite TV show until he fell asleep.\u003c/p>\n\u003cp>At 2:28 p.m, Calley exited the health center holding her 1-year-old in one arm with the 4-year-old walking next to her. She opened the sliding door on the passenger side so the older boy could get in. She leaned in to put the 1-year-old in his car seat.\u003c/p>\n\u003cp>Calley must have heard something because she whipped her head around. She shouted, “No,” before scrambling into the van, shielding her boys from their father, who was running toward them with a .380 pistol, arm outstretched, firing.\u003c/p>\n\u003cp>Julio Garay fired six times, hitting his wife in the head and chest — at one point placing his hand on the car for support as he leaned into the vehicle. Calley died between the front seat and middle row, her children in their car seats.\u003c/p>\n\u003ch2 style=\"text-align: center;\">Coda\u003c/h2>\n\u003cp>Police tracked Julio’s phone to a motel in Marina, two hours away in Monterey County. The local police there, including a SWAT team, arrested Julio that night. He surrendered peacefully.\u003c/p>\n\u003cp>The Madera police and district attorney’s office threw a team of skilled, veteran investigators at the case. In the end, they recovered an overwhelming amount of evidence. There were fingerprints, enhanced video showing the crown decal on the borrowed truck captured by the health center’s surveillance camera, partial DNA.\u003c/p>\n\u003cp>They searched the home where Calley and Julio lived, finding the broken hair brush behind a dresser — right where Calley had told them it flew during a beating. They got Julio’s adult son from a previous marriage to talk about the time Julio allegedly took that wife into the orchards and threatened to shoot her — just like the threat Calley had reported. And they talked to the girlfriend of another adult son who told them about Julio showing off a .380 pistol — the same caliber as the murder weapon. All of it corroborated what Calley had told them more than a month before.\u003c/p>\n\u003cp>All of it was too late.\u003c/p>\n\u003cp>A top prosecutor in the district attorney’s office, Eric DuTemple, expertly laid out the evidence over the course of three weeks, starting in late September. Julio Garay didn’t testify in his own defense, and family members, who attended the trial, declined to participate in this story. The jury deliberated for a day before finding Julio Garay guilty on all counts and enhancements. He was sentenced to life in prison without the possibility of parole.\u003c/p>\n\u003cfigure id=\"attachment_11902154\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902154\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/092821_JulioGaray_LV_sized_11-e1642799754505.jpg\" alt=\"A man wearing a white button down shirt and mask is sitting with his elbows on a desk.\" width=\"1920\" height=\"1280\">\u003cfigcaption class=\"wp-caption-text\">Julio Garay listens to testimonies with his tattoo of his wife’s name, Calley, visible on his hand inside the Madera County Superior Court in Madera, Sept. 29, 2021. \u003ccite>(Larry Valenzuela/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>After the verdict, Calley’s mom, Jodie Williams, stood outside the courthouse and talked about her daughter.\u003c/p>\n\u003cp>“She loved to laugh, and she was just a good kid. She’s a really good kid. Really beautiful spirit,” Williams said. “She gave her life for her children.”\u003c/p>\n\u003cp>\u003ca href=\"https://www.fresnobee.com/news/local/article248131480.html\">Calley’s death spurred legislation\u003c/a> aimed at protecting medical, education and other records from abusers. There’s been no discussion, however, about why Julio was armed and how to better disarm abusers.\u003c/p>\n\u003cp>After the conviction, Madera District Attorney Sally Moreno — a former police officer and Army reservist — talked about the case. As in many areas, domestic violence is a big problem in the community, she said.\u003c/p>\n\u003cp>“It’s been a rising issue the last several years. But it’s always an issue,” she said. “And it’s always going on in the background.”\u003c/p>\n\u003cfigure id=\"attachment_11902157\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902157\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/Sanchez-32-scaled-e1642799856229.jpg\" alt=\"Three women stand together with one woman in the middle with her arms around the other two.\" width=\"1920\" height=\"1445\">\u003cfigcaption class=\"wp-caption-text\">Jodie Williams, Calley's mother (left), and friends begin to cry as speakers remember Calley in October 2021. \u003ccite>(Zaydee Sanchez/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Moreno spent years working domestic violence cases. Convictions are tough because the abuse often happens in private and witnesses sometimes stop cooperating. Moreno said she and the office did some soul-searching after the killing.\u003c/p>\n\u003cp>“We did look at it and it was painful to tear it apart and to hope that we hadn’t failed her somewhere,” Moreno said, adding that she doesn’t think they could have done anything to prevent the tragedy, given the lengths to which Julio was prepared to go.\u003c/p>\n\u003cp>She said there was no way to keep him in custody and the more serious allegations — which would have gotten him a longer prison sentence — took time to investigate.\u003c/p>\n\u003cp>She also said retrieving guns can be difficult. Law enforcement needs probable cause to get a warrant. And the sad reality is that “there are enough guns on the street and whatnot that if somebody wants to get a gun, they’re going to be able to do it.”\u003c/p>\n\u003cp>“We’d like to be able to confiscate people’s guns, but we have a long history of respecting people’s homes and property,” she said. “And so there’s a lot of hurdles to go over before we do those things, and the law tries to balance that.”\u003c/p>\n\u003cp>Law enforcement never was able to find Julio’s gun, which the prosecutor DuTemple mused during trial “is probably at the bottom of Monterey Bay right now.”\u003c/p>\n\u003cp>Law enforcement did find open boxes of bullets in Julio’s Cadillac Escalade with its vanity plate “GARAY1” when they arrested him in Marina.\u003c/p>\n\u003cp>They also found a manila folder on the floorboard behind the console. Inside was a copy of the domestic violence restraining order signed by a Madera County Superior Court judge — just a piece of paper after all.\u003c/p>\n\u003cfigure id=\"attachment_11902192\" class=\"wp-caption aligncenter\" style=\"max-width: 1100px\">\u003cimg class=\"size-full wp-image-11902192\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/Sanchez-5-2-e1642799963885.jpg\" alt='A fence with balloons that says \"Calley Jean Strong.\"' width=\"1100\" height=\"733\">\u003cfigcaption class=\"wp-caption-text\">At a domestic violence awareness rally, balloons spell out \"Calley Jean Strong,\" in honor of Calley Garay, on Oct. 23, 2021. \u003ccite>(Zaydee Sanchez/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cem>If you or a loved one is experiencing domestic violence and need help, call the National Domestic Violence Hotline at (800) 799-SAFE (7233) or the California Partnership to End Domestic Violence at (916) 444-7163. You can also find local organizations in California at \u003c/em>\u003ca href=\"https://www.cpedv.org/domestic-violence-organizations-california\">\u003cem>this site\u003c/em>\u003c/a>\u003cem>.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Outgunned, a CalMatters series, is supported by a grant from the Cohn family.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"When California judges fail to ask detailed questions or use their power to disarm abusers, domestic violence survivors can face potentially deadly consequences.","status":"publish","parent":0,"modified":1643737516,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":166,"wordCount":6985},"headData":{"title":"'He Will Find Me': The Story of a Woman, Her Killer, and How California Courts Fail to Disarm Abusers | KQED","description":"When California judges fail to ask detailed questions or use their power to disarm abusers, domestic violence survivors can face potentially deadly consequences.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"'He Will Find Me': The Story of a Woman, Her Killer, and How California Courts Fail to Disarm Abusers","datePublished":"2022-01-21T21:27:24.000Z","dateModified":"2022-02-01T17:45:16.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11902140 https://ww2.kqed.org/news/?p=11902140","disqusUrl":"https://ww2.kqed.org/news/2022/01/21/he-will-find-me-the-story-of-a-woman-her-killer-and-how-california-courts-fail-to-disarm-abusers/","disqusTitle":"'He Will Find Me': The Story of a Woman, Her Killer, and How California Courts Fail to Disarm Abusers","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/f2cab76e-aeb1-4c5e-b156-ae24017629ad/audio.mp3","nprByline":"\u003ca href=\"https://calmatters.org/author/robert-lewis/\">Robert Lewis\u003c/a>\u003cbr>\u003ca href=\"https://calmatters.org/\">CalMatters\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","path":"/news/11902140/he-will-find-me-the-story-of-a-woman-her-killer-and-how-california-courts-fail-to-disarm-abusers","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">E\u003c/span>\u003c/p>\u003cp>ighteen miles south of the Central Valley home that was her prison, down Highway 99 past almond orchards and trucks overloaded with hay bales, sits the Madera County Superior Court. The four-story steel structure with its light granite exterior boasts 10 courtrooms, large flat-screen monitors and a glass-skinned atrium. The \u003ca href=\"https://www.courts.ca.gov/facilities-madera.htm\">courthouse opened in 2015\u003c/a> in this county of 160,000, part of a decades-long effort to shift funding and oversight of local courts to the state and ensure equal access to justice for all Californians.\u003c/p>\n\u003cp>“The Madera Courthouse was designed to demonstrate the transparency and dignity of democracy, providing a place to facilitate the workings of the American ideals of justice,” the \u003ca href=\"https://www.acmartin.com/portfolio/madera-county-courthouse\">architect’s website\u003c/a> says.\u003c/p>\n\u003cp>Calley Garay, a 32-year-old mother of three young boys, came here in June 2020 seeking protection against a husband she said was abusive.\u003c/p>\n\u003cp>Julio Garay warned her that a restraining order was nothing more than a piece of paper and wouldn’t keep him away, court records say.\u003c/p>\n\u003cp>But the beatings were getting worse, the threats more ominous, and local law enforcement was still investigating her allegations. She needed help. So, planning for a new life with her children free from his control, Calley filled out the standard domestic violence restraining order request. Hers was one of \u003ca href=\"https://www.courts.ca.gov/documents/2021-Court-Statistics-Report.pdf\">72,000 such forms\u003c/a> Californians — mostly women — filed statewide that fiscal year, including 211 in Madera County.\u003c/p>\n\u003cp>\u003cem>We are now married or registered domestic partners.\u003c/em> Check.\u003c/p>\n\u003cp>\u003cem>We are the parents together of a child or children under 18.\u003c/em> Check.\u003c/p>\n\u003cp>\u003cem>I believe the person…owns or possesses guns, firearms, or ammunition.\u003c/em> Check.\u003c/p>\n\u003cp>The answer to that last question on Calley’s form told the court her case could be particularly dangerous. Research shows the presence of a firearm increases the likelihood \u003ca href=\"https://jhu.pure.elsevier.com/en/publications/armed-prohibited-and-violent-at-home-implementation-and-enforceme\">domestic violence will turn deadly\u003c/a>. It’s why people who are the subject of a restraining order in California — even a temporary one — aren’t allowed to have guns. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=6389.\">By law\u003c/a>, they are supposed to surrender their weapons to law enforcement or a licensed dealer within 24 hours of being served.\u003c/p>\n\u003cp>And if a simple check box wasn’t enough to grab a judge’s attention, Calley attached to the form more than a dozen pages of horror, including descriptions of assaults and photos of bruises on her leg, back and chest.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'He has always told me that a restraining order is not bulletproof and that he will find me.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Calley Garay, in court documents","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Through it all was mention of a gun — a gun in his pocket when he yelled at her outside their son’s school. A gun when he threatened to take her into the orchards and kill her.\u003c/p>\n\u003cp>What happened to Calley Garay — a story that culminated in the Madera courthouse last November — is about more than one woman. It’s about California’s inability to disarm abusers, a longstanding failure that judges, advocates and law enforcement have been warning about for years.\u003c/p>\n\u003cp>CalMatters spent months combing through government reports, reviewing case files in various counties, and interviewing people across the state. The reporting shows that equal access to justice is still elusive. The protections domestic abuse survivors get from the courts vary widely, depending on where they live or the judge handling their case.\u003c/p>\n\u003cp>And California, with arguably the toughest gun control measures in the country, too often struggles to enforce those laws.\u003c/p>\n\u003cp>In July, \u003ca href=\"https://calmatters.org/justice/2021/07/california-gun-law-failing/\">CalMatters reported\u003c/a> on the state Justice Department’s difficulty clearing a backlog of cases in its Armed and Prohibited Persons System, a database of known gun owners who are barred from having firearms because of a conviction or other court order. At the start of last year, 24,000 people were in the system, including nearly 4,600 because of a restraining order. Those are just the people California knows have guns. It doesn’t include the many people — like Julio Garay — whom abuse survivors say possess unregistered firearms.\u003c/p>\n\u003cp>In her request for a restraining order, Calley ended her description of a May 7, 2020, attack — the one that drove her to leave — by telling the court about fear.\u003c/p>\n\u003cp>“He has always told me that a restraining order is not bulletproof and that he will find me,” she wrote.\u003c/p>\n\u003cp>A month later, he did.\u003c/p>\n\u003ch2 style=\"text-align: center;\">I\u003c/h2>\n\u003cp>Calley Jean Garay realized she had to escape in May of 2020. Everything was getting worse.\u003c/p>\n\u003cp>The beatings were frequent and with whatever was at hand: June 2019, a belt. August 2019, a steel-toe boot. November 2019, a screwdriver. February 2020, a fire poker. May 2020, a black metal bar. In one attack, her 6-foot, 260-pound husband hit her so hard with a hair brush that it broke and flew behind her dresser.\u003c/p>\n\u003cp>CalMatters pieced together Calley’s story through interviews, state and federal court filings and sworn testimony. An attorney for Julio Garay said his client wouldn’t talk for this article.\u003c/p>\n\u003cp>Records show that almost anything could set him off. A misplaced receipt, coffee that was too hot, a truck that wouldn’t start. The first time he hit her — punching her glasses off her face while sitting in a Taco Bell drive-thru in December 2012, shortly after they'd started dating — was after arguing on the phone with his prior wife. Another time he beat Calley because some men had cheated him in a car deal and Julio blamed her for not having his back.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11898155,news_11890534,news_11877217","label":"Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Calley said he had a signal when he felt she was disobeying him and a beating was coming. He’d start tapping his foot on the ground.\u003c/p>\n\u003cp>If she stayed, there was only one way it was going to end.\u003c/p>\n\u003cp>“She was terrified that she was going to die if she didn’t get out of there and her kids were going to be killed as well,” said Sarah Rodriguez, 37, Calley’s cousin, who grew up with her in Chowchilla, a city of 18,000.\u003c/p>\n\u003cp>Rodriguez’s mother, Terry Bassett, lived near the Garays in the quiet neighborhood of well-kept single-family homes. Bassett’s son was in the front yard in early May of 2020 when Calley — who might have lived a world away for how little she saw of the family by then — made a quick U-turn in front of him and told him to have her aunt come by to talk, Rodriguez said.\u003c/p>\n\u003cp>That conversation kicked off a flurry of calls and activity in Calley’s large family. They were getting their girl back, but she needed help.\u003c/p>\n\u003cp>Rodriguez said she and her mother rented a black Toyota SUV out of town and parked it away from the house. They reached out to a local victim services organization, which helped arrange for a hotel room for Calley and the boys, then ages 1, 4, and nearly 6.\u003c/p>\n\u003cp>The day of the escape would be May 15, 2020, when Julio, a truck driver for Save Mart, was working in Monterey. There would be a window between 3 a.m. and 5 a.m. when he wouldn’t be checking in by phone to make sure she was home.\u003c/p>\n\u003cfigure id=\"attachment_11902155\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01-.jpeg\">\u003cimg class=\"size-medium wp-image-11902155\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--800x533.jpeg\" alt=\"A mugshot of a man with a black shirt in Madera County Department of Corrections.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--800x533.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1020x680.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--160x107.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1536x1024.jpeg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--2048x1366.jpeg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/111521-Julio-Garay-Mugshot-CM-Background-01--1920x1280.jpeg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Julio Garay’s booking photo from the Madera County Department of Corrections. \u003ccite>(courtesy of the Madera County district attorney’s office)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Bassett stood by the front window in the dark early morning, waiting to see Calley come out of the house. But the time began to tick away: 4 a.m. ... 5 a.m. ... 5:30.\u003c/p>\n\u003cp>Bassett was in constant contact with Rodriguez. They wondered if they should knock on the door. But what if he’d come back?\u003c/p>\n\u003cp>Calley had tried to escape once before in 2015, the year the couple married. She went to the Chowchilla police and had criminal domestic violence charges filed against him. She also sought a restraining order from the family court in Madera, alleging he threatened to shoot her head “clean off.” But she had a 1-year-old son and was pregnant with a second, and gave up on the restraining order, records show. Calley’s family believes he found out where she was hiding and forced her home.\u003c/p>\n\u003cp>Julio took a plea deal in the criminal case. The same day in 2016 that she was in a Fresno hospital giving birth, he was in a Madera courtroom pleading no contest to disturbing the peace “by loud and unreasonable noise.” He got off without jail time.\u003c/p>\n\u003cp>At 6 a.m. on May 15, 2020, Calley finally emerged from the house. It turned out, she had forgotten to pack Julio chips in his lunch and he’d called to yell at her, telling her he was going to put her in the morgue, Rodriguez said.\u003c/p>\n\u003cp>The aunt rushed over, and they loaded the three sleepy boys into the rented SUV and drove straight to the Chowchilla police station.\u003c/p>\n\u003cp>Officer Ernest Escalera took the report. Over the course of an hour, she told him about the assaults and how Julio had warned that a restraining order wasn’t bulletproof, he would later testify.\u003c/p>\n\u003cp>“She was crying and stated that he was going to try and kill her,” Escalera said. They did the interview in the lobby of the station because of COVID and Calley seemed distracted — watching the passing cars and saying she expected to see him. A female sergeant took photos of the bruises over Calley’s body.\u003c/p>\n\u003cp>The family then drove Calley and the children to the hotel.\u003c/p>\n\u003ch2>Threats. Beatings. Escape plans. Secret hotel rooms\u003c/h2>\n\u003cp>This is the reality for domestic violence survivors every day across California. Many, like Calley, connect with a local nonprofit to help navigate the justice system.\u003c/p>\n\u003cp>In Sacramento County, these survivors end up on the third floor of a modern office building, at the \u003ca href=\"https://www.sacramentofjc.org/\">Sacramento Regional Family Justice Center\u003c/a>. Like the victim services organization that helped Calley, this is where police and prosecutors in the capital city often refer abuse survivors for everything from counseling and shelter to filling out court forms and legal advice. The center is conveniently located above the county’s child support services and across the street from family court.\u003c/p>\n\u003cp>Some people end up here on their own. In fact, many women and men experiencing abuse choose not to involve law enforcement for a variety of reasons, experts say, including fear of police, concern about the impact on child support, and the risk of further antagonizing a dangerous partner. Instead, they might seek only protection via a family court-issued domestic violence restraining order. That means a family court judge might be the only official to ask about a gun and try to ensure an abuser is disarmed.\u003c/p>\n\u003cp>On a recent morning at the Sacramento office, a handful of women sat in a waiting room for their turn to speak with a counselor or attorney. Inside, others were in private rooms — named after domestic violence homicide victims — sharing their tales of abuse and getting help filling out a state form called a \u003ca href=\"https://www.courts.ca.gov/documents/dv100.pdf\">DV-100\u003c/a>, the court system’s restraining order request form. A golden Labradoodle named Buddy wandered the office, trained to nuzzle up to those in emotional distress.\u003c/p>\n\u003cp>The office sees as many as three dozen people each day, mostly women. Hanging from the ceiling in one wing of the suite are stuffed sea creatures that a detective brought in, a cheerful addition for the kids who often accompany the abuse survivors and who sometimes must share their own stories in special interview rooms.\u003c/p>\n\u003cfigure id=\"attachment_11902182\" class=\"wp-caption aligncenter\" style=\"max-width: 1200px\">\u003cimg class=\"size-full wp-image-11902182\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2.jpg\" alt=\"A box filled with papers.\" width=\"1200\" height=\"801\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-1020x681.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_23-2-160x107.jpg 160w\" sizes=\"(max-width: 1200px) 100vw, 1200px\">\u003cfigcaption class=\"wp-caption-text\">A box of past temporary restraining orders from the court waiting to be picked up by clients at the Sacramento Regional Family Justice Center in Sacramento on Nov. 1, 2021. The center provides support for survivors of domestic violence and elder abuse. \u003ccite>(Salgu Wissmath/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The center’s case managers and attorneys always ask new clients whether their abuser has guns and to make sure to include that information on restraining order request forms, said Faith Whitmore, the center’s chief executive officer.\u003c/p>\n\u003cp>But, she said, judges there don’t seem to follow up — failing to ask detailed questions or use their power to try to force abusers to comply. Among those powers: Family courts are empowered to hold hearings to check on the status of guns, and judges can hold abusers in contempt if a firearm isn’t surrendered.\u003c/p>\n\u003cp>Whitmore acknowledged it can be difficult for courts to know whether an abuser is actually armed. Many guns are unregistered, invisible in a background check. And sometimes victims believe there’s a gun but lack proof.\u003c/p>\n\u003cp>Still, the stakes are so high the courts should be trying harder — asking questions, holding hearings, checking for receipts, she said.\u003c/p>\n\u003cp>“If it is the law — and there’s a reason there is a law and the courts are the ones to enforce that — it seems that throwing up one’s hands should not be the default response,” Whitmore said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'We haven’t seen any kind of proactive approach from the courts to ensure that the individual has relinquished their guns.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Ayano Wolff, attorney, Legal Aid Foundation of Los Angeles","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Social worker Yolanda Torres sat in on two recent cases in which victims alleged their abusers were armed. In one case, the gun was surrendered, Torres said. In the other, the abuser claimed to have sold the gun but “there was no follow-through,” she said — the court simply took the man’s word and moved on.\u003c/p>\n\u003cp>In Southern California, attorneys working with people experiencing domestic violence tell a similar story.\u003c/p>\n\u003cp>“We haven’t seen any kind of proactive approach from the courts to ensure that the individual has relinquished their guns,” said Ayano Wolff, an attorney with the \u003ca href=\"https://lafla.org/\">Legal Aid Foundation of Los Angeles\u003c/a>, or LAFLA.\u003c/p>\n\u003cp>California has no statewide statistics on how often armed abusers violate a restraining order and kill their partner, though it appears to be rare. The state Justice Department identifies about 50 \u003ca href=\"https://data-openjustice.doj.ca.gov/sites/default/files/2021-06/Homicide%20In%20CA%202020.pdf\">domestic violence-related homicides\u003c/a> each year in which the killer used a firearm. That’s compared to nearly 80,000 restraining order requests. More common appears to be the kind of terror CalMatters heard about in January from one of LAFLA’s clients, a 24-year-old woman who was staying at a domestic violence shelter after getting a restraining order against her husband.\u003c/p>\n\u003cp>The woman didn’t want her name used out of fear for her safety. But case filings showed that she told the court her husband had multiple guns and had threatened her with them.\u003c/p>\n\u003cp>“I have never done anything bad in my life,” she said through an interpreter, sobbing. “This man has made my life hell. I want justice.”\u003c/p>\n\u003cp>Nine months after that interview, she still was too fearful to use her name. Nothing in the court records indicates that her abuser, who admitted to having guns, has surrendered them.\u003c/p>\n\u003cp>One of her attorneys, Brenton Inouye, said it’s not surprising: “It’s really spotty as to whether it gets enforced or not.”\u003c/p>\n\u003ch2>Years of warnings about flaws in the system\u003c/h2>\n\u003cp>Judges, law enforcement professionals and advocates have been warning for years about such flaws in the system.\u003c/p>\n\u003cp>A 2005 report from a state attorney general’s task force indicated that California was \u003ca href=\"http://www.ncdsv.org/images/CA-AG_DVKeepingThePromiseVictimSafetyAndBattererAccountability_6-2005.pdf\">failing to disarm abusers\u003c/a>.\u003c/p>\n\u003cp>A state court system task force in 2008 found that people seeking restraining orders “erroneously believe that when the court orders the restrained person to relinquish firearms, either law enforcement or the courts will take steps to ensure that the order is followed.” Instead, the \u003ca href=\"https://www.courts.ca.gov/documents/dvpp_rec_guidelines.pdf\">onus is on gun owners\u003c/a> to comply, the report said.\u003c/p>\n\u003cp>A 2019 report from Sacramento County’s Domestic Violence Death Review Team flagged the issue, saying “proactive enforcement” of firearm relinquishment orders was \u003ca href=\"https://www.sacda.org/wp-content/uploads/2020/07/DVDRT-2019.pdf\">“currently nonexistent.”\u003c/a>\u003c/p>\n\u003cp>And last year, \u003ca href=\"https://lhc.ca.gov/\">California’s independent watchdog commission\u003c/a> said the state could \u003ca href=\"https://lhc.ca.gov/sites/lhc.ca.gov/files/Reports/256/Report256.pdf\">do more to recover guns\u003c/a> from abusers it knows possess registered firearms.\u003c/p>\n\u003cp>The focus has led to some changes, including laws aimed at identifying armed abusers. But experts say it’s not enough. Much of the problem — and potential solution — lies with family courts.\u003c/p>\n\u003cp>State law requires the courts to do\u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=6306.\"> a background check\u003c/a> on alleged abusers before issuing a restraining order, including a search for legally purchased firearms. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120SB1433\">The requirement\u003c/a> only applies to courts with the resources to afford such background checks, and the state Judicial Council — the court system’s policy-making body — was legislatively tasked with determining which courts couldn’t comply. But as \u003ca href=\"https://calmatters.org/justice/2021/07/california-gun-law-failing/\">CalMatters reported\u003c/a> in July, that analysis was never done.\u003c/p>\n\u003cp>The council provided a statement to CalMatters, saying, “The council does not have a mandate to track which superior courts are conducting the background checks related to firearms relinquishment nor the authority to ensure enforcement of the relinquishment provisions.\"\u003c/p>\n\u003cp>Only 28 superior courts — fewer than half — have access to the state Justice Department’s web portal that would allow them to see whether an alleged abuser owns a legally purchased weapon, according to the attorney general’s office. While some courts told CalMatters their local sheriff’s office checks firearm registration for them, others acknowledged they don’t regularly get such records.\u003c/p>\n\u003cp>And even when courts do get information that an alleged abuser is armed with a registered — or unregistered — firearm, judges often fail to confirm that the guns are surrendered or to punish individuals who refuse to comply, interviews and case filings show.\u003c/p>\n\u003cp>“We have to come up with a better way of doing this. The honor system is not working,” said Paul Durenberger, a retired Sacramento County prosecutor who was in charge of his office’s family violence bureau.\u003c/p>\n\u003ch2 style=\"text-align: center;\">II\u003c/h2>\n\u003cp>The day after Calley made her report to Chowchilla police in May 2020, Julio Garay was arrested for assault, domestic violence, child abuse and making threats. The district attorney’s office didn’t immediately file charges.\u003c/p>\n\u003cp>Julio bailed out and was placed on the non-complaint calendar. That meant law enforcement would keep investigating and prosecutors could charge him before his scheduled court date of July 13.\u003c/p>\n\u003cp>On June 9, Chowchilla detective Brian Boivie went to the shelter to interview Calley. She told him about more instances of abuse, including some involving a gun, he later testified.\u003c/p>\n\u003cp>She told the detective that in November 2018, Julio returned home from the grocery store angry that their credit card was declined. He began beating her and then loaded her and the kids into the car and drove northwest out of Chowchilla just across the Merced County line.\u003c/p>\n\u003cp>She said Julio pulled into an orchard, angling the car so it would be easy to drive away. He grabbed a handgun and told her to get out.\u003c/p>\n\u003cp>“He then exited the vehicle himself with the firearm in his hand and pulled her out of the … passenger side of the vehicle and began kicking her and hitting her and forcing her down to her knees at the back of the vehicle,” Boivie testified she told him. “He mentioned that he was going to splatter her brains all over the kids, so tell them goodbye.”\u003c/p>\n\u003cp>He put the gun to the side of her head and pulled the trigger.\u003c/p>\n\u003cp>“She knew that the trigger was pulled because she heard the metal-on-metal click,” Boivie said.\u003c/p>\n\u003cp>CalMatters was unable to find evidence that Calley’s story about the orchard increased the urgency with which law enforcement approached the case. The Chowchilla Police Department denied requests for an interview and records because of ongoing court proceedings.\u003c/p>\n\u003cp>The department did not get any search warrants after her domestic violence complaints, law enforcement officials said.\u003c/p>\n\u003cp>The police did get Calley an emergency protective order after her initial May 15 report to police, which is a short-term restraining order that threatens abusers with criminal charges if they don’t stay away from the protected party.\u003c/p>\n\u003cp>On the form, filled out by a police officer, a box is checked stating that firearms were “searched for.”\u003c/p>\n\u003cp>It’s unclear what that means. The Chowchilla police chief declined to say. He called CalMatters’s questions about what his department did to disarm Julio Garay and why the investigation seemed to take so long “offensive.”\u003c/p>\n\u003cp>By mid-June, Calley was still in limbo, living at a shelter and reconnecting with family.\u003c/p>\n\u003cp>The Chowchilla Police Department, a small agency with one detective, was still looking into the abuse allegations — an investigation now in its fourth week — and the emergency protective order was set to expire.\u003c/p>\n\u003cp>A few days after her June 9 interview with Detective Boivie, Calley Garay turned to the family court in the hope a restraining order might protect her from her husband and his gun.\u003c/p>\n\u003ch2>How many weapons are surrendered after restraining orders? There's no data\u003c/h2>\n\u003cp>California has no data on how often alleged abusers surrender their weapons after a restraining order. The state court administration doesn’t track such information.\u003c/p>\n\u003cp>CalMatters asked the Los Angeles Superior Court, which handles a quarter of restraining order requests in the state, for records of domestic violence restraining order cases to attempt to compile such data. The court declined, saying it “does not fulfill individual data requests.”\u003c/p>\n\u003cp>CalMatters was able to review cases in four jurisdictions with more advanced case management systems. In Orange County, for instance, the search identified 219 domestic violence restraining order requests filed the same month that Calley Garay filed her request in Madera County.\u003c/p>\n\u003cp>The Orange County records show that in 25 cases, an allegedly armed abuser was ordered to stay away from someone — either temporarily or for as long as a few years — and turn in any firearms or ammunition they owned while the order was in effect.\u003c/p>\n\u003cp>In only one of those cases did the restrained party file paperwork indicating they had turned in guns. (In several instances, the accused abuser wasn’t formally served and the temporary order expired.)\u003c/p>\n\u003cfigure id=\"attachment_11902184\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902184\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/20211101_CalMatters_FamilyJusticeCenter_A_21-2-e1642798644210.jpg\" alt='A box of papers that says \"Confidential.\"' width=\"1920\" height=\"1282\">\u003cfigcaption class=\"wp-caption-text\">A box of past temporary restraining orders from the court waiting to be picked up by clients at the Sacramento Regional Family Justice Center in Sacramento on Nov. 1, 2021. \u003ccite>(Salgu Wissmath/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Among the individuals who didn’t was a 28-year-old Garden Grove man who allegedly texted his ex-girlfriend, threatening to shoot into her house, and later drove by firing into the air, according to her request for a restraining order (CalMatters doesn’t name victims without their consent). The court granted the ex-girlfriend a full restraining order. Court records show the man didn’t attend the hearing, and there’s nothing in the file indicating the court followed up on the gun allegations.\u003c/p>\n\u003cp>A 30-year-old Pasadena man did attend the hearing on his ex-girlfriend’s restraining order request. She accused him of texting “I have my gun, so if you want to involve your brother, I’ll shoot to kill.”\u003c/p>\n\u003cp>“I’m going to execute you today. You’ll be gone forever. The minute you come outside, I’m going to shoot you,” he texted.\u003c/p>\n\u003cp>A transcript of the hearing shows the judge asked the man for his side of the story.\u003c/p>\n\u003cp>“Your Honor, I don’t dispute anything that she said,” the man stated. Despite the admission, the judge didn’t ask a single question about the supposed gun, nor did the judge tell the man he had to surrender his firearms.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'For there to be that many cases of known firearms in the home and then that lack of follow-through when there is an opportunity for safety — we're failing.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Jane Stoever, director, Domestic Violence Clinic at UC Irvine School of Law","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>A month after that hearing, the man allegedly violated the order by contacting her again. He was charged criminally with violating the restraining order 11 times from late July through August of 2020. The case is still open.\u003c/p>\n\u003cp>CalMatters also reviewed cases from the first two weeks of 2020 to see whether there was a difference pre-pandemic. In nine cases where judges issued a full restraining order after a hearing against someone accused of being armed, none of the files included proof that any guns were surrendered.\u003c/p>\n\u003cp>“It’s devastating to hear this,” said Jane Stoever, a law professor who directs the Domestic Violence Clinic at UC Irvine School of Law. “For there to be that many cases of known firearms in the home and then that lack of follow-through when there is an opportunity for safety — we’re failing.”\u003c/p>\n\u003cp>CalMatters provided the list of cases and questions to the Orange County Superior Court.\u003c/p>\n\u003cp>A spokesperson returned written responses, saying judges are limited in what they can do without evidence and that the court is “not an investigating or prosecuting agency.”\u003c/p>\n\u003cp>“The Court has no enforcement authority. This is a basic fact of the Constitutional separation of powers,” according to the statement. \"Judges may hold [a] review hearing, if it is brought to their attention by law enforcement or one of the parties that a restrained person has a firearm.”\u003c/p>\n\u003cp>A court spokesperson declined to talk about specific cases.\u003c/p>\n\u003ch2 style=\"text-align: center;\">III\u003c/h2>\n\u003cp>When Calley Garay filled out the restraining order request form, she checked the boxes saying Julio had a firearm and that he’d threatened her with it. And she included 11 single-spaced pages of abuse allegations, including the story about him putting a gun to her head in the orchard.\u003c/p>\n\u003cp>The court immediately issued a temporary restraining order, which told Julio he couldn’t have guns or ammunition and told him to surrender them to a licensed dealer or to law enforcement.\u003c/p>\n\u003cp>“The judge will ask you for proof that you did so,” the order stated.\u003c/p>\n\u003cp>Three days later, on June 15, a hearing took place in front of Judge Brian Austin, a former police officer elected to the bench in 2018.\u003c/p>\n\u003cp>A transcript of the proceedings shows there was talk about custody and hearing dates.\u003c/p>\n\u003cfigure id=\"attachment_11902152\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902152\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/092821_JulioGaray_LV_sized_01-e1642798946208.jpg\" alt='The outside of a building that says \"Superior Court of California County of Madera.\"' width=\"1920\" height=\"1280\">\u003cfigcaption class=\"wp-caption-text\">Madera County Superior Court. \u003ccite>(Larry Valenzuela/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The judge — who had indicated on the record that he reviewed Calley’s filing — asked just one question about guns.\u003c/p>\n\u003cp>“Sir, there’s no information that you have any guns or firearms or ammunition. Do you think you have any of these items?” the judge asked.\u003c/p>\n\u003cp>“No,” Julio Garay replied.\u003c/p>\n\u003cp>Judge Austin declined to comment for this story, citing ongoing court proceedings.\u003c/p>\n\u003cp>The next hearing was July 6. The judge asked no questions about the gun; the issue of firearms didn’t come up, according to a transcript of the hearing.\u003c/p>\n\u003cp>The judge continued the case to the end of the month and told Julio that he still had to stay away from Calley and the kids. In the courtroom, Julio turned in his seat toward his wife, a witness later testified. He started tapping his foot.\u003c/p>\n\u003cp>There was not a third hearing.\u003c/p>\n\u003ch2>Some courts do better than others\u003c/h2>\n\u003cp>Even the advocates acknowledge that family courts are limited. Judges aren’t law enforcement officers; they don’t go out to search people’s homes. And experts say many don’t have enough resources to do more, given the volume of cases.\u003c/p>\n\u003cp>Still, some courts do have clear protocols to at least attempt to enforce firearm relinquishment orders.\u003c/p>\n\u003cp>Take Mendocino County on California’s North Coast. CalMatters reviewed 19 cases filed in Mendocino County’s Superior Court the same month that Calley filed her request in Madera. The records reveal a clear and consistent process for handling firearm relinquishment in restraining order cases.\u003c/p>\n\u003cp>Cindee Mayfield has been a Mendocino County judge for almost 24 years, including 10 in family court. She praised the state Judicial Council for educating judges about firearm issues and said such training encouraged her to develop her court’s approach.\u003c/p>\n\u003cp>After a temporary restraining order is issued or a hearing set, her court does a background check on an alleged abuser, looking for registered firearms. The search is noted in every case docket. If there is a registered firearm, or the person asking for the order indicates the abuser is armed, the judge will ask about alleged guns at a hearing to make a record of the issue. If alleged abusers deny owning a gun, the court has them sign a statement under penalty of perjury saying they don’t have guns. If there is evidence of a gun and no proof of surrender, the judge holds a special hearing.\u003c/p>\n\u003cp>In the three cases CalMatters found where the court issued a full restraining order against an allegedly armed abuser, two of the men filed proof they surrendered guns. In the third case, Mayfield held a special hearing because the man didn’t file such proof.\u003c/p>\n\u003cp>Mendocino is a rural county where hunting and ranching are a way of life, so the issue comes up often, Mayfield said.\u003c/p>\n\u003cp>“We have a lot of people that do have registered firearms,” she said. “They’re sometimes kind of loath to give them up. And so sometimes we do have to do follow-up hearings with people just to verify the fact they’ve complied with the law.”\u003c/p>\n\u003cp>Mayfield said it’s important to have clear, consistent policies.\u003c/p>\n\u003cp>“I do kind of feel bad sometimes because they want them for wildlife or snakes or what have you on their ranches,” she said. “But it’s like, at this point for the next three years, I’m sorry, you’re just not going to have guns because it’s not safe.”\u003c/p>\n\u003cp>The Legislature has made some efforts to force all courts to act more like Mendocino. A 2019 bill would have required family court judges \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billVersionsCompareClient.xhtml?bill_id=201920200AB465&cversion=20190AB46597AMD\">to hold special hearings\u003c/a> on firearm relinquishment, among other changes. As it stands, such \u003ca href=\"https://www.courts.ca.gov/cms/rules/index.cfm?title=five&linkid=rule5_495\">hearings are optional\u003c/a> in family court. (Criminal court judges can also issue protective orders when an abuser is charged with a crime. Those criminal court judges don’t have the same discretion and \u003ca href=\"https://www.courts.ca.gov/cms/rules/index.cfm?title=four&linkid=rule4_700\">must hold hearings\u003c/a> on firearms if they believe the subject of such a protective order is armed.)\u003c/p>\n\u003cp>The Judicial Council \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=201920200AB465\">opposed the bill\u003c/a>, saying it presented “workload challenges” and that significant procedural changes could affect court operations and lead to delays. The bill was ultimately gutted and replaced with something else.\u003c/p>\n\u003cp>Lawmakers came back at the issue this past year. The Judicial Council worked with the author to resolve “the procedural problems” of the prior legislation, according to the council’s statement. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB320\">That bill\u003c/a> — a more modest effort that still doesn’t require special firearm hearings — passed without council opposition.\u003c/p>\n\u003ch2 style=\"text-align: center;\">IV\u003c/h2>\n\u003cp>Julio’s 2020 date to appear before a criminal court judge was pushed back from mid-July to Sept. 14 because law enforcement needed time to interview the children, according to the district attorney. In texts to her cousin Rodriguez, Calley expressed frustration at the pace, mentioning COVID-related delays and including an angry, swearing emoji.\u003c/p>\n\u003cp>With her husband still out there and armed, Calley and the kids stayed holed up in a secret shelter outside the city, her family said.\u003c/p>\n\u003cp>“They were together,” her mother, Jodie Williams, said in a recent interview. “That’s all that mattered.”\u003c/p>\n\u003cp>Text messages between Calley and Rodriguez show the young mother’s hope for the future.\u003c/p>\n\u003cp>“Today we are celebrating freedom in many ways!!!” Calley wrote on July 4, 2020.\u003c/p>\n\u003cp>In another, she texted: “All the things he wouldn’t let me wear,” along with a photo of earrings, makeup and nail polish.\u003c/p>\n\u003cp>Calley was searching for apartments out of the area, near police stations, in case he ever came looking for her, Rodriguez said. And despite life in hiding, she was taking care of herself. She’d lost weight and scheduled a doctor’s appointment at Camarena Health in Madera for July 14, records show.\u003c/p>\n\u003cp>The day before that appointment, a receptionist at the health center called the number in the clinic’s system to confirm the date and time.\u003c/p>\n\u003cp>A man answered.\u003c/p>\n\u003cp>Julio hung up his cellphone after telling the receptionist that he would take a message for his wife. Calley would be at Camarena Health on East Almond Avenue in Madera at 1:15 p.m. the next day. He started getting his affairs in order. There wasn’t much time.\u003c/p>\n\u003cp>From a friend, he borrowed a white Chevy pickup truck with a pink crown decal in the back window and a dent on the rear passenger side. The morning of July 14, 2020, he arrived at the county clerk’s office right when it opened at 8 a.m. Visitor logs show he was the fifth person in the door.\u003c/p>\n\u003cp>There, he filed paperwork to have the home he was living in transferred to his adult daughter from a prior marriage. Then he went to an auto parts store to buy car window shades, which he’d need for what he did next.\u003c/p>\n\u003cp>Julio drove into the parking lot on East Almond Avenue sometime before 10:45 a.m. That’s when an administrative assistant at a dialysis center, which shares a parking lot with Camarena, went to Starbucks. The worker later testified that he saw a white pickup parked next to his and a man sitting behind the wheel.\u003c/p>\n\u003cp>The truck was backed into a spot and Julio had a clear view of the health center door. The window shades would have obscured his face from passersby but also shielded him from the midday sun. He sat there for hours in the 90-degree heat.\u003c/p>\n\u003cp>Sometime after 1 p.m., he watched the 2007 white Toyota Sienna minivan pull up and let Calley out with their two youngest boys, who were wearing matching jersey-style T-shirts, red with black sleeves. He saw her walk in and watched the minivan pull away to get gas and then return a short time later, parking a few spaces from the front doors of the clinic.\u003c/p>\n\u003cp>His oldest son, then 6, was in the parked minivan, a victim services worker in the driver seat. They talked about the boy’s favorite TV show until he fell asleep.\u003c/p>\n\u003cp>At 2:28 p.m, Calley exited the health center holding her 1-year-old in one arm with the 4-year-old walking next to her. She opened the sliding door on the passenger side so the older boy could get in. She leaned in to put the 1-year-old in his car seat.\u003c/p>\n\u003cp>Calley must have heard something because she whipped her head around. She shouted, “No,” before scrambling into the van, shielding her boys from their father, who was running toward them with a .380 pistol, arm outstretched, firing.\u003c/p>\n\u003cp>Julio Garay fired six times, hitting his wife in the head and chest — at one point placing his hand on the car for support as he leaned into the vehicle. Calley died between the front seat and middle row, her children in their car seats.\u003c/p>\n\u003ch2 style=\"text-align: center;\">Coda\u003c/h2>\n\u003cp>Police tracked Julio’s phone to a motel in Marina, two hours away in Monterey County. The local police there, including a SWAT team, arrested Julio that night. He surrendered peacefully.\u003c/p>\n\u003cp>The Madera police and district attorney’s office threw a team of skilled, veteran investigators at the case. In the end, they recovered an overwhelming amount of evidence. There were fingerprints, enhanced video showing the crown decal on the borrowed truck captured by the health center’s surveillance camera, partial DNA.\u003c/p>\n\u003cp>They searched the home where Calley and Julio lived, finding the broken hair brush behind a dresser — right where Calley had told them it flew during a beating. They got Julio’s adult son from a previous marriage to talk about the time Julio allegedly took that wife into the orchards and threatened to shoot her — just like the threat Calley had reported. And they talked to the girlfriend of another adult son who told them about Julio showing off a .380 pistol — the same caliber as the murder weapon. All of it corroborated what Calley had told them more than a month before.\u003c/p>\n\u003cp>All of it was too late.\u003c/p>\n\u003cp>A top prosecutor in the district attorney’s office, Eric DuTemple, expertly laid out the evidence over the course of three weeks, starting in late September. Julio Garay didn’t testify in his own defense, and family members, who attended the trial, declined to participate in this story. The jury deliberated for a day before finding Julio Garay guilty on all counts and enhancements. He was sentenced to life in prison without the possibility of parole.\u003c/p>\n\u003cfigure id=\"attachment_11902154\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902154\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/092821_JulioGaray_LV_sized_11-e1642799754505.jpg\" alt=\"A man wearing a white button down shirt and mask is sitting with his elbows on a desk.\" width=\"1920\" height=\"1280\">\u003cfigcaption class=\"wp-caption-text\">Julio Garay listens to testimonies with his tattoo of his wife’s name, Calley, visible on his hand inside the Madera County Superior Court in Madera, Sept. 29, 2021. \u003ccite>(Larry Valenzuela/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>After the verdict, Calley’s mom, Jodie Williams, stood outside the courthouse and talked about her daughter.\u003c/p>\n\u003cp>“She loved to laugh, and she was just a good kid. She’s a really good kid. Really beautiful spirit,” Williams said. “She gave her life for her children.”\u003c/p>\n\u003cp>\u003ca href=\"https://www.fresnobee.com/news/local/article248131480.html\">Calley’s death spurred legislation\u003c/a> aimed at protecting medical, education and other records from abusers. There’s been no discussion, however, about why Julio was armed and how to better disarm abusers.\u003c/p>\n\u003cp>After the conviction, Madera District Attorney Sally Moreno — a former police officer and Army reservist — talked about the case. As in many areas, domestic violence is a big problem in the community, she said.\u003c/p>\n\u003cp>“It’s been a rising issue the last several years. But it’s always an issue,” she said. “And it’s always going on in the background.”\u003c/p>\n\u003cfigure id=\"attachment_11902157\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11902157\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/Sanchez-32-scaled-e1642799856229.jpg\" alt=\"Three women stand together with one woman in the middle with her arms around the other two.\" width=\"1920\" height=\"1445\">\u003cfigcaption class=\"wp-caption-text\">Jodie Williams, Calley's mother (left), and friends begin to cry as speakers remember Calley in October 2021. \u003ccite>(Zaydee Sanchez/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Moreno spent years working domestic violence cases. Convictions are tough because the abuse often happens in private and witnesses sometimes stop cooperating. Moreno said she and the office did some soul-searching after the killing.\u003c/p>\n\u003cp>“We did look at it and it was painful to tear it apart and to hope that we hadn’t failed her somewhere,” Moreno said, adding that she doesn’t think they could have done anything to prevent the tragedy, given the lengths to which Julio was prepared to go.\u003c/p>\n\u003cp>She said there was no way to keep him in custody and the more serious allegations — which would have gotten him a longer prison sentence — took time to investigate.\u003c/p>\n\u003cp>She also said retrieving guns can be difficult. Law enforcement needs probable cause to get a warrant. And the sad reality is that “there are enough guns on the street and whatnot that if somebody wants to get a gun, they’re going to be able to do it.”\u003c/p>\n\u003cp>“We’d like to be able to confiscate people’s guns, but we have a long history of respecting people’s homes and property,” she said. “And so there’s a lot of hurdles to go over before we do those things, and the law tries to balance that.”\u003c/p>\n\u003cp>Law enforcement never was able to find Julio’s gun, which the prosecutor DuTemple mused during trial “is probably at the bottom of Monterey Bay right now.”\u003c/p>\n\u003cp>Law enforcement did find open boxes of bullets in Julio’s Cadillac Escalade with its vanity plate “GARAY1” when they arrested him in Marina.\u003c/p>\n\u003cp>They also found a manila folder on the floorboard behind the console. Inside was a copy of the domestic violence restraining order signed by a Madera County Superior Court judge — just a piece of paper after all.\u003c/p>\n\u003cfigure id=\"attachment_11902192\" class=\"wp-caption aligncenter\" style=\"max-width: 1100px\">\u003cimg class=\"size-full wp-image-11902192\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/01/Sanchez-5-2-e1642799963885.jpg\" alt='A fence with balloons that says \"Calley Jean Strong.\"' width=\"1100\" height=\"733\">\u003cfigcaption class=\"wp-caption-text\">At a domestic violence awareness rally, balloons spell out \"Calley Jean Strong,\" in honor of Calley Garay, on Oct. 23, 2021. \u003ccite>(Zaydee Sanchez/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cem>If you or a loved one is experiencing domestic violence and need help, call the National Domestic Violence Hotline at (800) 799-SAFE (7233) or the California Partnership to End Domestic Violence at (916) 444-7163. You can also find local organizations in California at \u003c/em>\u003ca href=\"https://www.cpedv.org/domestic-violence-organizations-california\">\u003cem>this site\u003c/em>\u003c/a>\u003cem>.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Outgunned, a CalMatters series, is supported by a grant from the Cohn family.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11902140/he-will-find-me-the-story-of-a-woman-her-killer-and-how-california-courts-fail-to-disarm-abusers","authors":["byline_news_11902140"],"programs":["news_26731"],"categories":["news_6188","news_8"],"tags":["news_3144","news_18538","news_30537","news_17825","news_18283","news_17759","news_30536","news_19903","news_3574"],"affiliates":["news_18481"],"featImg":"news_11902156","label":"news_26731"},"news_11807639":{"type":"posts","id":"news_11807639","meta":{"index":"posts_1591205157","site":"news","id":"11807639","score":null,"sort":[1585058442000]},"guestAuthors":[],"slug":"how-to-shelter-in-place-if-you-live-with-domestic-abuse","title":"How to Shelter in Place if You Live With Domestic Abuse","publishDate":1585058442,"format":"image","headTitle":"KQED News","labelTerm":{},"content":"\u003cp>\u003cem>Updated Friday, April 10\u003c/em>\u003c/p>\n\u003cp>San Francisco Mayor London Breed and District Attorney Chesa Boudin announced on Thursday that they have secured 20 apartments that will serve as temporary housing for people experiencing domestic violence. The apartments should be available by the end of the week.\u003c/p>\n\u003cp>San Francisco also launched a \u003ca href=\"https://sfmayor.org/article/san-francisco-launches-text-9-1-1-service\">text service\u003c/a> that allows people to send a text to 9-1-1. According to the press release, officials designed the service to provide \"a life-saving option for people in situations, including domestic violence, where it is too dangerous to dial 9-1-1.\"\u003c/p>\n\u003cp>This comes as \u003ca href=\"https://sfmayor.org/article/mayor-breed-and-district-attorney-boudin-announce-temporary-housing-survivors-domestic\">reports of domestic violence\u003c/a> in the Bay Area — and across the world — appear to be on the rise since sheltering in place began.\u003c/p>\n\u003cp>Over the weekend, United Nations Secretary-General António Guterres \u003ca href=\"https://www.npr.org/sections/coronavirus-live-updates/2020/04/06/827908402/global-lockdowns-resulting-in-horrifying-surge-in-domestic-violence-u-n-warns\">called on governments\u003c/a> across the world to make addressing domestic violence a central component of their coronavirus response.\u003c/p>\n\u003cp>https://twitter.com/antonioguterres/status/1246973397759819776?s=20\u003c/p>\n\u003cp>For many survivors of domestic violence, sheltering in place can feel strangely familiar. Many survivors are targets of their abusers’ undivided attention — often controlling their every movement and isolating them from the outside world.\u003c/p>\n\u003cp>But Jill Zawisza, executive director of San Francisco-based nonprofit \u003ca href=\"http://www.womaninc.org\">WOMAN, Inc.\u003c/a> (Women Organized to Make Abuse Nonexistent), said that under normal circumstances, those experiencing abuse may have windows of time where they can leave the house and get a respite from their abuser.\u003c/p>\n\u003cp>\"In your typical day, a survivor might be in a situation where they're in this cycle of violence,\" Zawisza said. \"But they still need to go get their kids, maybe, or they still need to take their kid to school or they still need to go to work and run errands.\"\u003c/p>\n\u003cp>During those trips out of the house, survivors can call family members or service providers for support or shelter from the abuse.\u003c/p>\n\u003cp>But during a shelter-in-place order, those windows of time become much harder to come by.\u003c/p>\n\u003cp>\"It kind of exacerbates the isolation and the options for a survivor to be able to get out of the house,\" Zawisza explained. \"Certainly it's not impossible for a survivor to do that while there's a shelter-in-place order. It is just yet another obstacle in their way.\"\u003c/p>\n\u003cp>And while shelters are permitted to stay open under the shelter-in-place order, other services like crisis counseling and group therapy could be disrupted by the new rules.\u003c/p>\n\u003cp>Now, advocates are working to provide additional resources for people living in dangerous situations.\u003c/p>\n\u003ch3>Remote Services\u003c/h3>\n\u003cp>Since many organizations have suspended in-person services, several are using hotlines and other online tools to provide counseling. But providing remote support has its own challenges.\u003c/p>\n\u003cp>\"It's really difficult if you're dealing with a survivor who does live with the person using abuse ... to have those confidential conversations safely. But we're trying to beef up our presence and gather up a lot of resources for survivors that exist in the community now and share them out,\" Zawisza said.\u003c/p>\n\u003cp>WOMAN, Inc. is currently providing:\u003c/p>\n\u003cul>\n\u003cli>24/7 \u003ca href=\"http://www.womaninc.org/support/\">support line services.\u003c/a>\u003c/li>\n\u003cli>Remote counseling via Zoom, Google Hangouts and over the phone in both English and Spanish.\u003c/li>\n\u003cli>An online domestic violence support group.\u003c/li>\n\u003c/ul>\n\u003cp>Advocates are also looking into alternative shelter options for some.\u003c/p>\n\u003cp>\"Programs are looking at how to utilize hotel or motel stays for survivors so that they have safe shelter if it's not possible for them to come into the traditional shelter,\" said Krista Niemczyk, public policy manager with the \u003ca href=\"https://www.cpedv.org\">California Partnership to End Domestic Violence\u003c/a>.\u003c/p>\n\u003cp>For example, the 20 furnished apartment units that San Francisco has allows survivors and their families, including pets, to stay for up to 90 days at no cost. The homes, which are located in several buildings throughout the city, were secured through a partnership with the real estate company Veritas.\u003c/p>\n\u003cp>Organizations that support survivors of domestic violence will refer clients based on availability. San Francisco officials say they're working on securing more housing.\u003c/p>\n\u003cp>Meanwhile, Erin Scott, executive director of the \u003ca href=\"http://fvlc.org\">Family Violence Law Center\u003c/a> (FVLC), said that they're working to continue providing legal services and crisis intervention services during the order.\u003c/p>\n\u003cp>\"We are still answering our 24-hour crisis line, and we are continuing to provide legal services,\" Scott said. \"As we learn more about the impact of the shelter-in-place order on the courts, we're having to figure out day-by-day how to modify those services.\"\u003c/p>\n\u003cp>For example, Alameda County courts have set up two \u003ca href=\"http://www.alameda.courts.ca.gov/Pages.aspx/COVID-19\">drop boxes\u003c/a> for people to file for \u003ca href=\"http://www.courts.ca.gov/forms.htm\">temporary Domestic Violence Prevention Act restraining orders\u003c/a>. One box is located at the public entrance of the Rene C. Davidson Courthouse in Oakland and the other at the public entrance to the Hayward Hall of Justice.\u003c/p>\n\u003cp>An order from the California Judicial Council on April 6 also \u003ca href=\"https://newsroom.courts.ca.gov/news/judicial-council-adopts-new-rules-to-lower-jail-population-suspend-evictions-and-foreclosures\">extended the timeframe\u003c/a> for restraining orders. [ad fullwidth]\u003c/p>\n\u003ch3>Creating a Safety Plan\u003c/h3>\n\u003cp>Another way to keep yourself and your loved ones safe during this time is to stay in touch and create a plan.\u003c/p>\n\u003cp>\"We're really stressing the importance of staying in touch with your person, with your people, letting them know that you're OK,\" Zawisza said. \"We've talked to people about even using a code instead of texting, like, 'Help. I need you. Everything's crazy.' Just one word, like 'banana' means 'come get me.' \"\u003c/p>\n\u003cp>Along with checking in and setting up code words, Zawisza recommends that survivors have a bag packed with the essentials in case they decide to leave.\u003c/p>\n\u003cp>Some other tips to consider in the house:\u003c/p>\n\u003cul>\n\u003cli>Survivors should make sure they stay near the exit, if possible.\u003c/li>\n\u003cli>Be as aware as possible of where the abuser is in the home.\u003c/li>\n\u003cli>Try to stay away from rooms with weapons in them.\u003c/li>\n\u003c/ul>\n\u003cp>And she said, at the end of the day, survivors should trust their instincts.\u003c/p>\n\u003cp>\"If you feel like something is off. It probably is,\" Zawisza said.\u003c/p>\n\u003cp>On March 24, Sen. Kamala Harris and others \u003ca href=\"https://www.klobuchar.senate.gov/public/_cache/files/4/c/4ca424a2-9bcf-42f3-a24c-8214b9c29c09/D01AEB013FC0D4D949D4ADD67E1018A9.letter-to-acf-ovw-signed.pdf\">signed on to a letter\u003c/a> expressing concern for families who face an increased risk of domestic violence during the outbreak and asking the federal government to provide additional resources to service providers.\u003c/p>\n\u003ch3>More Resources\u003c/h3>\n\u003cp>Here's a few national and local providers and the resources they're offering during the shelter-in-place order.\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.thehotline.org\">The National Domestic Violence Hotline\u003c/a>: You can call 1-800-799-7233 or 1-800-799-7233 for TTY, or if you’re unable to speak safely, go online or text LOVEIS to 22522.\u003c/li>\n\u003cli>\u003ca href=\"http://www.womaninc.org\">WOMAN, Inc.\u003c/a>: You can call 24 hours a day, 7 days a week at: (877) 384-3578. Also offering remote counseling and support services.\u003c/li>\n\u003cli>\u003ca href=\"https://www.lacasa.org\">La Casa de las Madres\u003c/a>: For support, resources and safety planning, you can call La Casa de las Madres’ 24/7 hotline at 877-503-1850. You can also contact them via text at 415-200-3575. They've also put together a list of ways to prepare \u003ca href=\"https://www.lacasa.org/news/2020/3/13/kvcjk07ezldv21barmnqim7k3tu768\">here\u003c/a>.\u003c/li>\n\u003cli>\u003ca href=\"http://www.standffov.org\">STAND! For Families Free of Violence, Contra Costa County\u003c/a>: STAND's toll-free crisis line remains active, 24 hours a day, at 1-888-215-5555.\u003c/li>\n\u003cli>\u003ca href=\"http://fvlc.org\">Family Violence Law Center\u003c/a>: You can call 1-800-947-8301 for crisis intervention and support, 24 hours a day. Also offering legal services.\u003c/li>\n\u003cli>\u003ca href=\"https://centerfordomesticpeace.org\">Center for Domestic Peace\u003c/a>: If you need assistance, you can call their bilingual hotline at 415-924-6616, 24/7. Shelter requests are handled via that number, as are appointments for legal advocacy services.\u003c/li>\n\u003cli>\u003ca href=\"https://www.roclinic.org\">Cooperative Restraining Order Clinic (CROC)\u003c/a>: CROC provides free legal services to domestic violence, sexual assault and stalking survivors. You can contact them at 415-969-6711.\u003c/li>\n\u003c/ul>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"For many survivors of domestic violence in California, sheltering in place can feel strangely familiar. Many survivors are targets of their abusers’ undivided attention — often controlling their every movement and isolating them from the outside world.","status":"publish","parent":0,"modified":1610570907,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":33,"wordCount":1281},"headData":{"title":"How to Shelter in Place if You Live With Domestic Abuse | KQED","description":"For many survivors of domestic violence in California, sheltering in place can feel strangely familiar. Many survivors are targets of their abusers’ undivided attention — often controlling their every movement and isolating them from the outside world.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"How to Shelter in Place if You Live With Domestic Abuse","datePublished":"2020-03-24T14:00:42.000Z","dateModified":"2021-01-13T20:48:27.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11807639 https://ww2.kqed.org/news/?p=11807639","disqusUrl":"https://ww2.kqed.org/news/2020/03/24/how-to-shelter-in-place-if-you-live-with-domestic-abuse/","disqusTitle":"How to Shelter in Place if You Live With Domestic Abuse","source":"Coronavirus","sourceUrl":"https://www.kqed.org/coronavirus","path":"/news/11807639/how-to-shelter-in-place-if-you-live-with-domestic-abuse","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated Friday, April 10\u003c/em>\u003c/p>\n\u003cp>San Francisco Mayor London Breed and District Attorney Chesa Boudin announced on Thursday that they have secured 20 apartments that will serve as temporary housing for people experiencing domestic violence. The apartments should be available by the end of the week.\u003c/p>\n\u003cp>San Francisco also launched a \u003ca href=\"https://sfmayor.org/article/san-francisco-launches-text-9-1-1-service\">text service\u003c/a> that allows people to send a text to 9-1-1. According to the press release, officials designed the service to provide \"a life-saving option for people in situations, including domestic violence, where it is too dangerous to dial 9-1-1.\"\u003c/p>\n\u003cp>This comes as \u003ca href=\"https://sfmayor.org/article/mayor-breed-and-district-attorney-boudin-announce-temporary-housing-survivors-domestic\">reports of domestic violence\u003c/a> in the Bay Area — and across the world — appear to be on the rise since sheltering in place began.\u003c/p>\n\u003cp>Over the weekend, United Nations Secretary-General António Guterres \u003ca href=\"https://www.npr.org/sections/coronavirus-live-updates/2020/04/06/827908402/global-lockdowns-resulting-in-horrifying-surge-in-domestic-violence-u-n-warns\">called on governments\u003c/a> across the world to make addressing domestic violence a central component of their coronavirus response.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1246973397759819776"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>For many survivors of domestic violence, sheltering in place can feel strangely familiar. Many survivors are targets of their abusers’ undivided attention — often controlling their every movement and isolating them from the outside world.\u003c/p>\n\u003cp>But Jill Zawisza, executive director of San Francisco-based nonprofit \u003ca href=\"http://www.womaninc.org\">WOMAN, Inc.\u003c/a> (Women Organized to Make Abuse Nonexistent), said that under normal circumstances, those experiencing abuse may have windows of time where they can leave the house and get a respite from their abuser.\u003c/p>\n\u003cp>\"In your typical day, a survivor might be in a situation where they're in this cycle of violence,\" Zawisza said. \"But they still need to go get their kids, maybe, or they still need to take their kid to school or they still need to go to work and run errands.\"\u003c/p>\n\u003cp>During those trips out of the house, survivors can call family members or service providers for support or shelter from the abuse.\u003c/p>\n\u003cp>But during a shelter-in-place order, those windows of time become much harder to come by.\u003c/p>\n\u003cp>\"It kind of exacerbates the isolation and the options for a survivor to be able to get out of the house,\" Zawisza explained. \"Certainly it's not impossible for a survivor to do that while there's a shelter-in-place order. It is just yet another obstacle in their way.\"\u003c/p>\n\u003cp>And while shelters are permitted to stay open under the shelter-in-place order, other services like crisis counseling and group therapy could be disrupted by the new rules.\u003c/p>\n\u003cp>Now, advocates are working to provide additional resources for people living in dangerous situations.\u003c/p>\n\u003ch3>Remote Services\u003c/h3>\n\u003cp>Since many organizations have suspended in-person services, several are using hotlines and other online tools to provide counseling. But providing remote support has its own challenges.\u003c/p>\n\u003cp>\"It's really difficult if you're dealing with a survivor who does live with the person using abuse ... to have those confidential conversations safely. But we're trying to beef up our presence and gather up a lot of resources for survivors that exist in the community now and share them out,\" Zawisza said.\u003c/p>\n\u003cp>WOMAN, Inc. is currently providing:\u003c/p>\n\u003cul>\n\u003cli>24/7 \u003ca href=\"http://www.womaninc.org/support/\">support line services.\u003c/a>\u003c/li>\n\u003cli>Remote counseling via Zoom, Google Hangouts and over the phone in both English and Spanish.\u003c/li>\n\u003cli>An online domestic violence support group.\u003c/li>\n\u003c/ul>\n\u003cp>Advocates are also looking into alternative shelter options for some.\u003c/p>\n\u003cp>\"Programs are looking at how to utilize hotel or motel stays for survivors so that they have safe shelter if it's not possible for them to come into the traditional shelter,\" said Krista Niemczyk, public policy manager with the \u003ca href=\"https://www.cpedv.org\">California Partnership to End Domestic Violence\u003c/a>.\u003c/p>\n\u003cp>For example, the 20 furnished apartment units that San Francisco has allows survivors and their families, including pets, to stay for up to 90 days at no cost. The homes, which are located in several buildings throughout the city, were secured through a partnership with the real estate company Veritas.\u003c/p>\n\u003cp>Organizations that support survivors of domestic violence will refer clients based on availability. San Francisco officials say they're working on securing more housing.\u003c/p>\n\u003cp>Meanwhile, Erin Scott, executive director of the \u003ca href=\"http://fvlc.org\">Family Violence Law Center\u003c/a> (FVLC), said that they're working to continue providing legal services and crisis intervention services during the order.\u003c/p>\n\u003cp>\"We are still answering our 24-hour crisis line, and we are continuing to provide legal services,\" Scott said. \"As we learn more about the impact of the shelter-in-place order on the courts, we're having to figure out day-by-day how to modify those services.\"\u003c/p>\n\u003cp>For example, Alameda County courts have set up two \u003ca href=\"http://www.alameda.courts.ca.gov/Pages.aspx/COVID-19\">drop boxes\u003c/a> for people to file for \u003ca href=\"http://www.courts.ca.gov/forms.htm\">temporary Domestic Violence Prevention Act restraining orders\u003c/a>. One box is located at the public entrance of the Rene C. Davidson Courthouse in Oakland and the other at the public entrance to the Hayward Hall of Justice.\u003c/p>\n\u003cp>An order from the California Judicial Council on April 6 also \u003ca href=\"https://newsroom.courts.ca.gov/news/judicial-council-adopts-new-rules-to-lower-jail-population-suspend-evictions-and-foreclosures\">extended the timeframe\u003c/a> for restraining orders. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch3>Creating a Safety Plan\u003c/h3>\n\u003cp>Another way to keep yourself and your loved ones safe during this time is to stay in touch and create a plan.\u003c/p>\n\u003cp>\"We're really stressing the importance of staying in touch with your person, with your people, letting them know that you're OK,\" Zawisza said. \"We've talked to people about even using a code instead of texting, like, 'Help. I need you. Everything's crazy.' Just one word, like 'banana' means 'come get me.' \"\u003c/p>\n\u003cp>Along with checking in and setting up code words, Zawisza recommends that survivors have a bag packed with the essentials in case they decide to leave.\u003c/p>\n\u003cp>Some other tips to consider in the house:\u003c/p>\n\u003cul>\n\u003cli>Survivors should make sure they stay near the exit, if possible.\u003c/li>\n\u003cli>Be as aware as possible of where the abuser is in the home.\u003c/li>\n\u003cli>Try to stay away from rooms with weapons in them.\u003c/li>\n\u003c/ul>\n\u003cp>And she said, at the end of the day, survivors should trust their instincts.\u003c/p>\n\u003cp>\"If you feel like something is off. It probably is,\" Zawisza said.\u003c/p>\n\u003cp>On March 24, Sen. Kamala Harris and others \u003ca href=\"https://www.klobuchar.senate.gov/public/_cache/files/4/c/4ca424a2-9bcf-42f3-a24c-8214b9c29c09/D01AEB013FC0D4D949D4ADD67E1018A9.letter-to-acf-ovw-signed.pdf\">signed on to a letter\u003c/a> expressing concern for families who face an increased risk of domestic violence during the outbreak and asking the federal government to provide additional resources to service providers.\u003c/p>\n\u003ch3>More Resources\u003c/h3>\n\u003cp>Here's a few national and local providers and the resources they're offering during the shelter-in-place order.\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.thehotline.org\">The National Domestic Violence Hotline\u003c/a>: You can call 1-800-799-7233 or 1-800-799-7233 for TTY, or if you’re unable to speak safely, go online or text LOVEIS to 22522.\u003c/li>\n\u003cli>\u003ca href=\"http://www.womaninc.org\">WOMAN, Inc.\u003c/a>: You can call 24 hours a day, 7 days a week at: (877) 384-3578. Also offering remote counseling and support services.\u003c/li>\n\u003cli>\u003ca href=\"https://www.lacasa.org\">La Casa de las Madres\u003c/a>: For support, resources and safety planning, you can call La Casa de las Madres’ 24/7 hotline at 877-503-1850. You can also contact them via text at 415-200-3575. They've also put together a list of ways to prepare \u003ca href=\"https://www.lacasa.org/news/2020/3/13/kvcjk07ezldv21barmnqim7k3tu768\">here\u003c/a>.\u003c/li>\n\u003cli>\u003ca href=\"http://www.standffov.org\">STAND! For Families Free of Violence, Contra Costa County\u003c/a>: STAND's toll-free crisis line remains active, 24 hours a day, at 1-888-215-5555.\u003c/li>\n\u003cli>\u003ca href=\"http://fvlc.org\">Family Violence Law Center\u003c/a>: You can call 1-800-947-8301 for crisis intervention and support, 24 hours a day. Also offering legal services.\u003c/li>\n\u003cli>\u003ca href=\"https://centerfordomesticpeace.org\">Center for Domestic Peace\u003c/a>: If you need assistance, you can call their bilingual hotline at 415-924-6616, 24/7. Shelter requests are handled via that number, as are appointments for legal advocacy services.\u003c/li>\n\u003cli>\u003ca href=\"https://www.roclinic.org\">Cooperative Restraining Order Clinic (CROC)\u003c/a>: CROC provides free legal services to domestic violence, sexual assault and stalking survivors. You can contact them at 415-969-6711.\u003c/li>\n\u003c/ul>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11807639/how-to-shelter-in-place-if-you-live-with-domestic-abuse","authors":["11526","11680"],"categories":["news_457","news_8"],"tags":["news_3144","news_27350","news_29029","news_27504","news_17759","news_27808"],"featImg":"news_11808346","label":"source_news_11807639"},"news_11757925":{"type":"posts","id":"news_11757925","meta":{"index":"posts_1591205157","site":"news","id":"11757925","score":null,"sort":[1561759061000]},"guestAuthors":[],"slug":"hurtful-offensive-and-heartbreaking-major-patient-abuse-scandal-reported-at-s-f-s-laguna-honda-hospital","title":"'Hurtful, Offensive and Heartbreaking': Major Patient Abuse Scandal Hits S.F.'s Laguna Honda Hospital","publishDate":1561759061,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Nearly two dozen patients at Laguna Honda Hospital and Rehabilitation Center in San Francisco were abused for years by a group of staff members, city officials said on Friday.\u003c/p>\n\u003cp>Following a months-long investigation, the San Francisco Department of Public Health reported that six former employees subjected 23 live-in patients to verbal and physical abuse, including sedating them with non-prescribed medications and engaging in sexualized conversations. The employees also photographed and recorded video of the abusive interactions, and shared them with each other via text message.\u003c/p>\n\u003cp>[pullquote size=“medium” align=”right” citation=\"Mayor London Breed\"]'This behavior does not belong in our City or anywhere and can never be allowed to happen again. San Francisco is better than this.'[/pullquote]\u003c/p>\n\u003cp>The alleged abuse occurred between 2016 and January 2019, and was limited to two wards of the hospital that primarily serve patients with dementia, officials said.\u003c/p>\n\u003cp>“What has recently come to light is so profoundly hurtful, offensive, and heartbreaking for so many of us who care deeply about this hospital,” San Francisco Mayor London Breed said in a statement Friday morning.\u003c/p>\n\u003cp>\"This behavior does not belong in our City or anywhere and can never be allowed to happen again. San Francisco is better than this, and significant changes will be made at Laguna Honda Hospital so it can fulfill its mission of caring for those most in need.\"\u003c/p>\n\u003cp>Laguna Honda, a public city-run facility, is a live-in hospital, nursing home and rehabilitation center serving nearly 800 patients.\u003c/p>\n\u003cp>In light of the allegations, DPH said it fired hospital CEO Mivic Hirose as well as its director of quality management and the six employees suspected of abuse. A department official declined to specify when the terminations occurred.\u003c/p>\n\u003cp>Margaret Rykowski, DPH's chief integrity officer, has since been appointed acting CEO and is leading the recovery process, officials said.\u003c/p>\n\u003cp>Breed, along with Board of Supervisors President Norman Yee and Dr. Grant Colfax, the city's recently appointed public health chief, addressed the scandal during a press conference on Friday at City Hall.\u003c/p>\n\u003cp>\"We are here to report something difficult, disturbing and disappointing to the people of San Francisco,\" said Colfax. \"This behavior is not something I will tolerate. As a caregiver, I am outraged and heartbroken that our patients were treated this way. I apologize to them and to their families.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The allegations first came to light in February as part of an investigation into an unrelated personnel complaint, Colfax said. DPH immediately began an internal investigation and found evidence to substantiate the suspicions, he said. The city attorney was then asked to take over the investigation, and findings were reported to the city's police department and state public health officials.\u003c/p>\n\u003cp>\"We have immediately taken steps to ensure patient wellness and safety,\" Colfax added.\u003c/p>\n\u003cp>All affected patients have been fully examined and their decision-makers notified, Colfax said. Hospital staff have also been retrained in prevention and reporting of patient abuse, and the facility has adopted improved drug security, dispensing and testing practices.\u003c/p>\n\u003cp>\"Today we are confident that Laguna Honda continues to be a good place for patients,\" Colfax said. \"Especially in the areas of patient care and safety, we want to ensure it continues moving in the right direction so these circumstances never occur again.\"\u003c/p>\n\u003cp>DPH will also conduct a \"turnaround plan for Laguna Honda, and submit a plan for moving forward to the mayor and Board of Supervisors within 60 days, Colfax said.\u003c/p>\n\u003cp>Anyone with concerns about patient care or staff conduct, he added, should contact the confidential DPH compliance hotline: 855-729-6040\u003c/p>\n\u003cp>\u003cem>KQED's Carla Williams contributed to this story. \u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Public health officials allege that six hospital employees abused 23 patients verbally and physically for years, and took photos and videos of the interactions.","status":"publish","parent":0,"modified":1561763723,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":20,"wordCount":617},"headData":{"title":"'Hurtful, Offensive and Heartbreaking': Major Patient Abuse Scandal Hits S.F.'s Laguna Honda Hospital | KQED","description":"Public health officials allege that six hospital employees abused 23 patients verbally and physically for years, and took photos and videos of the interactions.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"'Hurtful, Offensive and Heartbreaking': Major Patient Abuse Scandal Hits S.F.'s Laguna Honda Hospital","datePublished":"2019-06-28T21:57:41.000Z","dateModified":"2019-06-28T23:15:23.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11757925 https://ww2.kqed.org/news/?p=11757925","disqusUrl":"https://ww2.kqed.org/news/2019/06/28/hurtful-offensive-and-heartbreaking-major-patient-abuse-scandal-reported-at-s-f-s-laguna-honda-hospital/","disqusTitle":"'Hurtful, Offensive and Heartbreaking': Major Patient Abuse Scandal Hits S.F.'s Laguna Honda Hospital","path":"/news/11757925/hurtful-offensive-and-heartbreaking-major-patient-abuse-scandal-reported-at-s-f-s-laguna-honda-hospital","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Nearly two dozen patients at Laguna Honda Hospital and Rehabilitation Center in San Francisco were abused for years by a group of staff members, city officials said on Friday.\u003c/p>\n\u003cp>Following a months-long investigation, the San Francisco Department of Public Health reported that six former employees subjected 23 live-in patients to verbal and physical abuse, including sedating them with non-prescribed medications and engaging in sexualized conversations. The employees also photographed and recorded video of the abusive interactions, and shared them with each other via text message.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'This behavior does not belong in our City or anywhere and can never be allowed to happen again. San Francisco is better than this.'","name":"pullquote","attributes":{"named":{"size":"“medium”","align":"”right”","citation":"Mayor London Breed","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The alleged abuse occurred between 2016 and January 2019, and was limited to two wards of the hospital that primarily serve patients with dementia, officials said.\u003c/p>\n\u003cp>“What has recently come to light is so profoundly hurtful, offensive, and heartbreaking for so many of us who care deeply about this hospital,” San Francisco Mayor London Breed said in a statement Friday morning.\u003c/p>\n\u003cp>\"This behavior does not belong in our City or anywhere and can never be allowed to happen again. San Francisco is better than this, and significant changes will be made at Laguna Honda Hospital so it can fulfill its mission of caring for those most in need.\"\u003c/p>\n\u003cp>Laguna Honda, a public city-run facility, is a live-in hospital, nursing home and rehabilitation center serving nearly 800 patients.\u003c/p>\n\u003cp>In light of the allegations, DPH said it fired hospital CEO Mivic Hirose as well as its director of quality management and the six employees suspected of abuse. A department official declined to specify when the terminations occurred.\u003c/p>\n\u003cp>Margaret Rykowski, DPH's chief integrity officer, has since been appointed acting CEO and is leading the recovery process, officials said.\u003c/p>\n\u003cp>Breed, along with Board of Supervisors President Norman Yee and Dr. Grant Colfax, the city's recently appointed public health chief, addressed the scandal during a press conference on Friday at City Hall.\u003c/p>\n\u003cp>\"We are here to report something difficult, disturbing and disappointing to the people of San Francisco,\" said Colfax. \"This behavior is not something I will tolerate. As a caregiver, I am outraged and heartbroken that our patients were treated this way. I apologize to them and to their families.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The allegations first came to light in February as part of an investigation into an unrelated personnel complaint, Colfax said. DPH immediately began an internal investigation and found evidence to substantiate the suspicions, he said. The city attorney was then asked to take over the investigation, and findings were reported to the city's police department and state public health officials.\u003c/p>\n\u003cp>\"We have immediately taken steps to ensure patient wellness and safety,\" Colfax added.\u003c/p>\n\u003cp>All affected patients have been fully examined and their decision-makers notified, Colfax said. Hospital staff have also been retrained in prevention and reporting of patient abuse, and the facility has adopted improved drug security, dispensing and testing practices.\u003c/p>\n\u003cp>\"Today we are confident that Laguna Honda continues to be a good place for patients,\" Colfax said. \"Especially in the areas of patient care and safety, we want to ensure it continues moving in the right direction so these circumstances never occur again.\"\u003c/p>\n\u003cp>DPH will also conduct a \"turnaround plan for Laguna Honda, and submit a plan for moving forward to the mayor and Board of Supervisors within 60 days, Colfax said.\u003c/p>\n\u003cp>Anyone with concerns about patient care or staff conduct, he added, should contact the confidential DPH compliance hotline: 855-729-6040\u003c/p>\n\u003cp>\u003cem>KQED's Carla Williams contributed to this story. \u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11757925/hurtful-offensive-and-heartbreaking-major-patient-abuse-scandal-reported-at-s-f-s-laguna-honda-hospital","authors":["1263"],"categories":["news_457","news_6188","news_8"],"tags":["news_3144","news_19542","news_26092","news_6931","news_19960","news_38"],"featImg":"news_11757927","label":"news"},"news_11740891":{"type":"posts","id":"news_11740891","meta":{"index":"posts_1591205157","site":"news","id":"11740891","score":null,"sort":[1555717493000]},"guestAuthors":[],"slug":"my-sister-cant-speak-but-she-makes-herself-heard","title":"My Sister Can’t Speak, But She Makes Herself Heard","publishDate":1555717493,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>I was there the night my sister, Ana, was born at San Francisco’s Mount Zion Hospital. I was 9, and I watched as she came out blue, the umbilical cord snarled around her neck. Those unknown minutes her brain was deprived of oxygen had a lasting impact. She was eventually diagnosed with athetoid cerebral palsy.\u003c/p>\n\u003cp>She’s 37 now. Caregivers help feed and dress her, and she talks through a device attached to her wheelchair.\u003c/p>\n\u003cp>https://youtu.be/Roby39SpIEE\u003c/p>\n\u003cp>As a baby, she endured terrible seizures. But she could read by the time she was 3. Her life has been marked by stunning accomplishments: traveling to Europe to present at conferences, giving talks at schools around the Bay Area, meeting renowned theoretical physicist Stephen Hawking.\u003c/p>\n\u003cfigure id=\"attachment_11740897\" class=\"wp-caption alignleft\" style=\"max-width: 500px\">\u003cimg class=\"size-full wp-image-11740897\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/RS36587_Ana-meets-hawking_0130-qut.jpg\" alt=\"\" width=\"500\" height=\"335\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36587_Ana-meets-hawking_0130-qut.jpg 500w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36587_Ana-meets-hawking_0130-qut-160x107.jpg 160w\" sizes=\"(max-width: 500px) 100vw, 500px\">\u003cfigcaption class=\"wp-caption-text\">Ana met Stephen Hawking when he gave a lecture at UC Berkeley in 2007. \u003ccite>(Courtesy of Ana Berlowitz)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But Ana also faces life-threatening challenges. The simple act of eating can be terrifying. All of her food has to be blended, and she sometimes chokes when she eats. She’s dealt with staph infections that have landed her in the hospital, over and over again.\u003c/p>\n\u003cp>But somehow Ana has weathered all of this with patience, even humor.\u003c/p>\n\u003cp>When we were kids, I always worried about something terrible happening to her. I felt powerless to protect her.\u003c/p>\n\u003cp>Right now Ana Berlowitz is writing a book about her life, an incredible feat given the exhausting effort it takes to spell out even single words on her communication device.\u003c/p>\n\u003cfigure id=\"attachment_11741261\" class=\"wp-caption alignright\" style=\"max-width: 316px\">\u003cimg class=\"wp-image-11741261\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/RS36622_Vic-and-Ana-1983-cropped-qut.jpg\" alt=\"\" width=\"316\" height=\"330\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36622_Vic-and-Ana-1983-cropped-qut.jpg 1904w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36622_Vic-and-Ana-1983-cropped-qut-160x167.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36622_Vic-and-Ana-1983-cropped-qut-800x836.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36622_Vic-and-Ana-1983-cropped-qut-1020x1066.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36622_Vic-and-Ana-1983-cropped-qut-1148x1200.jpg 1148w\" sizes=\"(max-width: 316px) 100vw, 316px\">\u003cfigcaption class=\"wp-caption-text\">Ana Berlowitz and her sister, Victoria Mauleón, in 1983. \u003ccite>(Courtesy of Victoria Mauleón)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Throughout my life, people expected very little of me,” she says in the introduction to her book. “I had to work to make myself heard, and even then, not everyone got what I was about.”\u003c/p>\n\u003cp>And as I’ve been reading the drafts of her book, I’ve been horrified to learn about the ways she’s been hurt by people who’ve broken her trust, taken advantage of her and not let her advocate for herself. I asked her if I could sit down with her to talk about what it means to try to make yourself heard.\u003c/p>\n\u003cp>Ana recently moved from Oakland to San Francisco, in part so she could be closer to me and other family members. I try to see her once a week, and on this visit, I bring my audio recording kit.\u003c/p>\n\u003cp>When we first see each other, her huge blue eyes flicker with joy, and she flails her arms. That’s because the kind of cerebral palsy she has makes it hard for her to control her movements, especially when she's excited.\u003c/p>\n\u003cfigure id=\"attachment_11741223\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11741223\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/RS36606__M6A0137-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36606__M6A0137-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36606__M6A0137-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36606__M6A0137-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36606__M6A0137-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36606__M6A0137-qut-1200x800.jpg 1200w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Ana Berlowitz is writing a memoir called \"Cerebral Scenes: My Life and Other Natural Disasters.\" She types the words on her communication device and her mother, Judith, enters them into a Google Doc. \u003ccite>(Stephanie Lister/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Once Ana calms down, she looks intensely at her communication device. She can’t use her hands to type. Instead, there’s a reflective dot attached to her glasses, and it controls a tracker in the device. Moving her head slowly, she types something out.\u003c/p>\n\u003cp>After about 30 seconds, the device spits out one word: \"Hi!\" The voice sounds a bit like a younger Siri, but more electronic, stiffer and a little crackly. And the device is not always reliable. A lot of times — because it's not working or one of the people taking care of her forgot to charge it — she is silenced, unable to communicate.\u003c/p>\n\u003cp>I can recall countless times, on airplanes, in restaurants or even at home, when her communication devices would fail her. Our mother would break out the hand-drawn, laminated sheets of paper she created for Ana when she was first learning how to read. One of us would point to pictures or words, Ana arching her body back in assent when we got to the right one, painstakingly spelling out her needs and desires, letter by letter.\u003c/p>\n\u003cfigure id=\"attachment_11741232\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11741232\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/RS36598__M6A0017-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36598__M6A0017-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36598__M6A0017-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36598__M6A0017-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36598__M6A0017-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36598__M6A0017-qut-1200x800.jpg 1200w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Unable to use her voice to speak, Ana Berlowitz began reading when she was 3. Her mother, Judith Berlowitz, created several hand-drawn boards so Ana could communicate by pointing to words or images. \u003ccite>(Stephanie Lister/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>I ask Ana what it feels like to rely on other people and machines to express herself. She moves her head again, activating a beep from her communication device as she types the word “Weird.”\u003c/p>\n\u003cp>I press her to say more. “Like a robot,” she says.\u003c/p>\n\u003cp>“And what does that feel like?” I ask.\u003c/p>\n\u003cp>“Frustrating.”\u003c/p>\n\u003cfigure id=\"attachment_11741263\" class=\"wp-caption alignright\" style=\"max-width: 324px\">\u003cimg class=\" wp-image-11741263\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/RS36623_Vic-Ana-Mom.jpg\" alt=\"\" width=\"324\" height=\"337\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36623_Vic-Ana-Mom.jpg 1600w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36623_Vic-Ana-Mom-160x166.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36623_Vic-Ana-Mom-800x832.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36623_Vic-Ana-Mom-1020x1060.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36623_Vic-Ana-Mom-1155x1200.jpg 1155w\" sizes=\"(max-width: 324px) 100vw, 324px\">\u003cfigcaption class=\"wp-caption-text\">Ana Berlowitz, her sister Victoria Mauleón, and their mother Judith Berlowitz, in 1982. \u003ccite>(Courtesy of Victoria Mauleón)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>She devotes a lot of her book to talking about the caregivers and attendants she’s had over the years. I ask her why.\u003c/p>\n\u003cp>“It's. So. So. Important,” she responds. I ask her what it feels like to have people take care of her in such intimate ways: helping feed her, taking her to the bathroom.\u003c/p>\n\u003cp>“I. Feel. Like. A. Baby,” she types. And then she clicks another button with her tracker so the words come out in a sentence. “I feel like a baby.”\u003c/p>\n\u003cp>Ana has had some wonderful attendants over the years. They’ve cared for her with respect and kindness. They share meals, adventures. They are there for her when we, her family, can’t be. But in the book she's writing, she describes the ways in which some of the people charged with taking care of her have hurt her, whether by accident or neglect:\u003c/p>\n\u003cblockquote>\u003cp>I refuse to let anybody control me. Whenever someone tries to look over my shoulder at my communication device “just for fun,” without asking my permission, I feel abused. When people have ignored me when I’ve told them I needed to go to the bathroom, I feel abused. I have gotten urinary tract infections from holding it in too long, and have soiled myself from being ignored. Some of my attendants have ripped away my communication device because they did not want to hear me. ... I can’t stand it when people ignore me or neglect me. That is as cruel as physical abuse.\u003c/p>\u003c/blockquote>\n\u003cp>Hearing that guts me, makes me angry and sad. “It really is abuse, what you experienced,” I tell her. “But I'm really glad to hear that you refuse to let anybody control you or hurt you in this way. How will you do that?”\u003c/p>\n\u003cp>“Train,” she says, meaning training her attendants to do a better job in caring for her.\u003c/p>\n\u003cfigure id=\"attachment_11741224\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11741224\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/RS36609__M6A0214-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36609__M6A0214-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36609__M6A0214-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36609__M6A0214-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36609__M6A0214-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36609__M6A0214-qut-1200x800.jpg 1200w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Because Ana's condition makes chewing food difficult, all of her meals have to be blended. \u003ccite>(Stephanie Lister/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Ana also writes about a boyfriend she had for nine years. He also has cerebral palsy and uses a wheelchair. In her book, she describes how he would use her caregivers for his own personal care and never pay them:\u003c/p>\n\u003cblockquote>\u003cp>When we went anywhere I always ended up paying. He made me sleep naked after I bought all those cute negligees. I guess I was trying to please him. God only knows why I let this happen. As a disabled woman it is hard to find love and I just wanted a boyfriend.\u003c/p>\u003c/blockquote>\n\u003cp>Although he wielded a lot of power over her, she eventually broke up with him. I ask her how her experience with him impacted the way she sees relationships.\u003c/p>\n\u003cp>“You need to be careful of who you date,” she says.\u003c/p>\n\u003cp>I ask her what she wants people to know about what it's like to live with her disability.\u003c/p>\n\u003cp>Struggling to keep her head still, she aims the reflective dot on her glasses at the tracker in her communication device. The letters “A. M. A. Z.” sound, and then the word “Amazing.” I ask her why it’s amazing to have cerebral palsy, and she stares at her device and continues typing.\u003c/p>\n\u003cp>“So. Many. Opportunities.” She goes on to name some of the things she’s able to do: swimming, taking dance classes, all of the public speaking engagements she’s had at conferences and schools.\u003c/p>\n\u003cfigure id=\"attachment_11741222\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11741222\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/RS36604__M6A0102-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36604__M6A0102-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36604__M6A0102-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36604__M6A0102-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36604__M6A0102-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36604__M6A0102-qut-1200x800.jpg 1200w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Ana Berlowitz being interviewed by her sister, The California Report's senior editor, Victoria Mauleón, with their mother Judith Berlowitz in the background. \u003ccite>(Stephanie Lister/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Listing all those opportunities is so ... Ana.\u003c/p>\n\u003cp>I realize I have so much to learn about my sister and about what it means to be disabled. And that I need to check my own assumptions, judgments and pity. Ana says that’s one of the reasons why she’s writing her book. In one chapter she describes a high school class she took about popular culture:\u003c/p>\n\u003cblockquote>\u003cp>“I gave a presentation on disability as a culture. That idea stuck in my head. The disability community is my culture. People need to understand my culture just as I need to understand theirs.”\u003c/p>\u003c/blockquote>\n\u003cp>“People. Fought. Really. Hard,” she types out on her communication device, and then clicks, “People fought really hard.”\u003c/p>\n\u003cp>“For the rights of people with disabilities?” I ask.\u003c/p>\n\u003cp>“Yes,” she clicks, and the robotic words — her words, coming through the device — exclaim, “Never give up.”\u003c/p>\n\u003cp>\"I write this book for the young generation,\" Ana says in her memoir, \"hoping you can be heard and understood, no matter what voice you use.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"“Throughout my life, people expected very little of me,\" Ana Berlowitz writes in her memoir. \"I had to work to make myself heard, and even then, not everyone got what I was about.”","status":"publish","parent":0,"modified":1555718904,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":41,"wordCount":1634},"headData":{"title":"My Sister Can’t Speak, But She Makes Herself Heard | KQED","description":"“Throughout my life, people expected very little of me," Ana Berlowitz writes in her memoir. "I had to work to make myself heard, and even then, not everyone got what I was about.”","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"My Sister Can’t Speak, But She Makes Herself Heard","datePublished":"2019-04-19T23:44:53.000Z","dateModified":"2019-04-20T00:08:24.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11740891 https://ww2.kqed.org/news/?p=11740891","disqusUrl":"https://ww2.kqed.org/news/2019/04/19/my-sister-cant-speak-but-she-makes-herself-heard/","disqusTitle":"My Sister Can’t Speak, But She Makes Herself Heard","audioUrl":"https://www.kqed.org/.stream/anon/radio/tcrmag/2019/04/TCRMAG20190419B.mp3","audioTrackLength":619,"path":"/news/11740891/my-sister-cant-speak-but-she-makes-herself-heard","audioDuration":619000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>I was there the night my sister, Ana, was born at San Francisco’s Mount Zion Hospital. I was 9, and I watched as she came out blue, the umbilical cord snarled around her neck. Those unknown minutes her brain was deprived of oxygen had a lasting impact. She was eventually diagnosed with athetoid cerebral palsy.\u003c/p>\n\u003cp>She’s 37 now. Caregivers help feed and dress her, and she talks through a device attached to her wheelchair.\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/Roby39SpIEE'\n title='//www.youtube.com/embed/Roby39SpIEE'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>As a baby, she endured terrible seizures. But she could read by the time she was 3. Her life has been marked by stunning accomplishments: traveling to Europe to present at conferences, giving talks at schools around the Bay Area, meeting renowned theoretical physicist Stephen Hawking.\u003c/p>\n\u003cfigure id=\"attachment_11740897\" class=\"wp-caption alignleft\" style=\"max-width: 500px\">\u003cimg class=\"size-full wp-image-11740897\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/RS36587_Ana-meets-hawking_0130-qut.jpg\" alt=\"\" width=\"500\" height=\"335\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36587_Ana-meets-hawking_0130-qut.jpg 500w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36587_Ana-meets-hawking_0130-qut-160x107.jpg 160w\" sizes=\"(max-width: 500px) 100vw, 500px\">\u003cfigcaption class=\"wp-caption-text\">Ana met Stephen Hawking when he gave a lecture at UC Berkeley in 2007. \u003ccite>(Courtesy of Ana Berlowitz)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But Ana also faces life-threatening challenges. The simple act of eating can be terrifying. All of her food has to be blended, and she sometimes chokes when she eats. She’s dealt with staph infections that have landed her in the hospital, over and over again.\u003c/p>\n\u003cp>But somehow Ana has weathered all of this with patience, even humor.\u003c/p>\n\u003cp>When we were kids, I always worried about something terrible happening to her. I felt powerless to protect her.\u003c/p>\n\u003cp>Right now Ana Berlowitz is writing a book about her life, an incredible feat given the exhausting effort it takes to spell out even single words on her communication device.\u003c/p>\n\u003cfigure id=\"attachment_11741261\" class=\"wp-caption alignright\" style=\"max-width: 316px\">\u003cimg class=\"wp-image-11741261\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/RS36622_Vic-and-Ana-1983-cropped-qut.jpg\" alt=\"\" width=\"316\" height=\"330\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36622_Vic-and-Ana-1983-cropped-qut.jpg 1904w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36622_Vic-and-Ana-1983-cropped-qut-160x167.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36622_Vic-and-Ana-1983-cropped-qut-800x836.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36622_Vic-and-Ana-1983-cropped-qut-1020x1066.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36622_Vic-and-Ana-1983-cropped-qut-1148x1200.jpg 1148w\" sizes=\"(max-width: 316px) 100vw, 316px\">\u003cfigcaption class=\"wp-caption-text\">Ana Berlowitz and her sister, Victoria Mauleón, in 1983. \u003ccite>(Courtesy of Victoria Mauleón)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Throughout my life, people expected very little of me,” she says in the introduction to her book. “I had to work to make myself heard, and even then, not everyone got what I was about.”\u003c/p>\n\u003cp>And as I’ve been reading the drafts of her book, I’ve been horrified to learn about the ways she’s been hurt by people who’ve broken her trust, taken advantage of her and not let her advocate for herself. I asked her if I could sit down with her to talk about what it means to try to make yourself heard.\u003c/p>\n\u003cp>Ana recently moved from Oakland to San Francisco, in part so she could be closer to me and other family members. I try to see her once a week, and on this visit, I bring my audio recording kit.\u003c/p>\n\u003cp>When we first see each other, her huge blue eyes flicker with joy, and she flails her arms. That’s because the kind of cerebral palsy she has makes it hard for her to control her movements, especially when she's excited.\u003c/p>\n\u003cfigure id=\"attachment_11741223\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11741223\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/RS36606__M6A0137-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36606__M6A0137-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36606__M6A0137-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36606__M6A0137-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36606__M6A0137-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36606__M6A0137-qut-1200x800.jpg 1200w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Ana Berlowitz is writing a memoir called \"Cerebral Scenes: My Life and Other Natural Disasters.\" She types the words on her communication device and her mother, Judith, enters them into a Google Doc. \u003ccite>(Stephanie Lister/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Once Ana calms down, she looks intensely at her communication device. She can’t use her hands to type. Instead, there’s a reflective dot attached to her glasses, and it controls a tracker in the device. Moving her head slowly, she types something out.\u003c/p>\n\u003cp>After about 30 seconds, the device spits out one word: \"Hi!\" The voice sounds a bit like a younger Siri, but more electronic, stiffer and a little crackly. And the device is not always reliable. A lot of times — because it's not working or one of the people taking care of her forgot to charge it — she is silenced, unable to communicate.\u003c/p>\n\u003cp>I can recall countless times, on airplanes, in restaurants or even at home, when her communication devices would fail her. Our mother would break out the hand-drawn, laminated sheets of paper she created for Ana when she was first learning how to read. One of us would point to pictures or words, Ana arching her body back in assent when we got to the right one, painstakingly spelling out her needs and desires, letter by letter.\u003c/p>\n\u003cfigure id=\"attachment_11741232\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11741232\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/RS36598__M6A0017-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36598__M6A0017-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36598__M6A0017-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36598__M6A0017-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36598__M6A0017-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36598__M6A0017-qut-1200x800.jpg 1200w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Unable to use her voice to speak, Ana Berlowitz began reading when she was 3. Her mother, Judith Berlowitz, created several hand-drawn boards so Ana could communicate by pointing to words or images. \u003ccite>(Stephanie Lister/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>I ask Ana what it feels like to rely on other people and machines to express herself. She moves her head again, activating a beep from her communication device as she types the word “Weird.”\u003c/p>\n\u003cp>I press her to say more. “Like a robot,” she says.\u003c/p>\n\u003cp>“And what does that feel like?” I ask.\u003c/p>\n\u003cp>“Frustrating.”\u003c/p>\n\u003cfigure id=\"attachment_11741263\" class=\"wp-caption alignright\" style=\"max-width: 324px\">\u003cimg class=\" wp-image-11741263\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/RS36623_Vic-Ana-Mom.jpg\" alt=\"\" width=\"324\" height=\"337\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36623_Vic-Ana-Mom.jpg 1600w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36623_Vic-Ana-Mom-160x166.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36623_Vic-Ana-Mom-800x832.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36623_Vic-Ana-Mom-1020x1060.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36623_Vic-Ana-Mom-1155x1200.jpg 1155w\" sizes=\"(max-width: 324px) 100vw, 324px\">\u003cfigcaption class=\"wp-caption-text\">Ana Berlowitz, her sister Victoria Mauleón, and their mother Judith Berlowitz, in 1982. \u003ccite>(Courtesy of Victoria Mauleón)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>She devotes a lot of her book to talking about the caregivers and attendants she’s had over the years. I ask her why.\u003c/p>\n\u003cp>“It's. So. So. Important,” she responds. I ask her what it feels like to have people take care of her in such intimate ways: helping feed her, taking her to the bathroom.\u003c/p>\n\u003cp>“I. Feel. Like. A. Baby,” she types. And then she clicks another button with her tracker so the words come out in a sentence. “I feel like a baby.”\u003c/p>\n\u003cp>Ana has had some wonderful attendants over the years. They’ve cared for her with respect and kindness. They share meals, adventures. They are there for her when we, her family, can’t be. But in the book she's writing, she describes the ways in which some of the people charged with taking care of her have hurt her, whether by accident or neglect:\u003c/p>\n\u003cblockquote>\u003cp>I refuse to let anybody control me. Whenever someone tries to look over my shoulder at my communication device “just for fun,” without asking my permission, I feel abused. When people have ignored me when I’ve told them I needed to go to the bathroom, I feel abused. I have gotten urinary tract infections from holding it in too long, and have soiled myself from being ignored. Some of my attendants have ripped away my communication device because they did not want to hear me. ... I can’t stand it when people ignore me or neglect me. That is as cruel as physical abuse.\u003c/p>\u003c/blockquote>\n\u003cp>Hearing that guts me, makes me angry and sad. “It really is abuse, what you experienced,” I tell her. “But I'm really glad to hear that you refuse to let anybody control you or hurt you in this way. How will you do that?”\u003c/p>\n\u003cp>“Train,” she says, meaning training her attendants to do a better job in caring for her.\u003c/p>\n\u003cfigure id=\"attachment_11741224\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11741224\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/RS36609__M6A0214-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36609__M6A0214-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36609__M6A0214-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36609__M6A0214-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36609__M6A0214-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36609__M6A0214-qut-1200x800.jpg 1200w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Because Ana's condition makes chewing food difficult, all of her meals have to be blended. \u003ccite>(Stephanie Lister/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Ana also writes about a boyfriend she had for nine years. He also has cerebral palsy and uses a wheelchair. In her book, she describes how he would use her caregivers for his own personal care and never pay them:\u003c/p>\n\u003cblockquote>\u003cp>When we went anywhere I always ended up paying. He made me sleep naked after I bought all those cute negligees. I guess I was trying to please him. God only knows why I let this happen. As a disabled woman it is hard to find love and I just wanted a boyfriend.\u003c/p>\u003c/blockquote>\n\u003cp>Although he wielded a lot of power over her, she eventually broke up with him. I ask her how her experience with him impacted the way she sees relationships.\u003c/p>\n\u003cp>“You need to be careful of who you date,” she says.\u003c/p>\n\u003cp>I ask her what she wants people to know about what it's like to live with her disability.\u003c/p>\n\u003cp>Struggling to keep her head still, she aims the reflective dot on her glasses at the tracker in her communication device. The letters “A. M. A. Z.” sound, and then the word “Amazing.” I ask her why it’s amazing to have cerebral palsy, and she stares at her device and continues typing.\u003c/p>\n\u003cp>“So. Many. Opportunities.” She goes on to name some of the things she’s able to do: swimming, taking dance classes, all of the public speaking engagements she’s had at conferences and schools.\u003c/p>\n\u003cfigure id=\"attachment_11741222\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11741222\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/04/RS36604__M6A0102-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36604__M6A0102-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36604__M6A0102-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36604__M6A0102-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36604__M6A0102-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/04/RS36604__M6A0102-qut-1200x800.jpg 1200w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Ana Berlowitz being interviewed by her sister, The California Report's senior editor, Victoria Mauleón, with their mother Judith Berlowitz in the background. \u003ccite>(Stephanie Lister/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Listing all those opportunities is so ... Ana.\u003c/p>\n\u003cp>I realize I have so much to learn about my sister and about what it means to be disabled. And that I need to check my own assumptions, judgments and pity. Ana says that’s one of the reasons why she’s writing her book. In one chapter she describes a high school class she took about popular culture:\u003c/p>\n\u003cblockquote>\u003cp>“I gave a presentation on disability as a culture. That idea stuck in my head. The disability community is my culture. People need to understand my culture just as I need to understand theirs.”\u003c/p>\u003c/blockquote>\n\u003cp>“People. Fought. Really. Hard,” she types out on her communication device, and then clicks, “People fought really hard.”\u003c/p>\n\u003cp>“For the rights of people with disabilities?” I ask.\u003c/p>\n\u003cp>“Yes,” she clicks, and the robotic words — her words, coming through the device — exclaim, “Never give up.”\u003c/p>\n\u003cp>\"I write this book for the young generation,\" Ana says in her memoir, \"hoping you can be heard and understood, no matter what voice you use.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11740891/my-sister-cant-speak-but-she-makes-herself-heard","authors":["98"],"programs":["news_72"],"categories":["news_457","news_8","news_248"],"tags":["news_3144","news_21845","news_25262","news_19542","news_17041","news_150"],"featImg":"news_11741221","label":"news_72"},"news_11641415":{"type":"posts","id":"news_11641415","meta":{"index":"posts_1591205157","site":"news","id":"11641415","score":null,"sort":[1515811491000]},"guestAuthors":[],"slug":"in-the-wake-of-the-metoo-movement-a-former-abuser-apologizes","title":"In the Wake of the #MeToo Movement, a Former Abuser Apologizes","publishDate":1515811491,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>\u003cem>As part of KQED's \u003ca href=\"https://ww2.kqed.org/news/tag/ustoo/\" target=\"_blank\" rel=\"noopener\">#USToo series\u003c/a>, women have shared in their own words, stories of abuse and sexual harassment.\u003c/em>\u003c/p>\n\u003cp>\u003cem>In this installment, we hear from a man who says for most of his life, he was an abuser. 62-year-old Steven McMaryion of Los Angeles says he sees the #MeToo movement as an opportunity for men like him to also stand up, speak out, and acknowledge how they’ve hurt others.\u003c/em>\u003c/p>\n\u003cp>[audio src=\"https://www.kqed.org/.stream/anon/radio/tcrmag/2018/01/AbuserApologizes.mp3\" Image=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/01/StevePhoto-1180x999.jpg\" Title=\"In the Wake of the #MeToo Movement, a Former Abuser Apologizes\" program=\"The California Report\"]\u003c/p>\n\u003ch3>'I Learned Basically From What I Heard in the Streets'\u003c/h3>\n\u003cp>I grew up in a family being the oldest of the young men in my family. I had three brothers under me and three sisters over me. Therefore I was told I was the man of the house. My dad was in and out of my life, mostly out. I learned basically from what I heard on the streets. Older men would say, \"you need to train a woman.\"\u003c/p>\n\u003cp>I used to hear my mother and her friends and my sisters sometimes speak negatively of men. And as a young man I took that personally and figured they were talking about me too. So I took a defense to it.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The first time I can remember actually physically abusing a woman I was about 16 years old. I was with a friend of mine and I witnessed him striking his girlfriend. And so I thought that was the right thing to do. So I did the same thing. I struck my girl. When I did she was very surprised. I'll never forget the look on her face when she asked, \"Why did you do that?\" And I really didn't have an answer. I know it didn't feel right but she didn't leave. She stayed there. So that was the ticket for me to say it was OK.\u003c/p>\n\u003ch3>'It Feels Good to Be Free and to Say These Things'\u003c/h3>\n\u003cp>When I was about 30 years old I fell into a relationship that lasted for about 10 years. I have to admit that I abused her in every fashion of the word \"abuse.\"\u003c/p>\n\u003cp>There came a time where she told me she wasn't afraid of me anymore. It shocked me because I didn't know what to do. I was losing my form of control, so I threatened her. Matter of fact I threatened her with a gun and she actually went to the police.\u003c/p>\n\u003cp>That cost me time in prison. While in prison I received a spiritual revelation. I had a chance to look at myself and see the ugliness of myself and who I thought I was and who I was not.\u003c/p>\n\u003cp>This was in 1998. In the wake of the #MeToo movement I wanted to share my story. I wanted to share the distortion of who I thought women were and that they were to be used.\u003c/p>\n\u003cp>I realize now this is a time of healing and it feels good to be free to be able to say these things. I can remember that in that 10-year relationship, my protection was for her to be silent. For her not to say anything.\u003c/p>\n\u003cp>You know I thank the Lord Most High for allowing me to be free enough to speak about the ugliness of that part of me. I really, honestly believe that there are more men that need to see this within themselves.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>I wrote a poem, an apology to the women I hurt and those who have been hurt at the hands of men like me.\u003c/p>\n\u003cblockquote>\n\u003ch3>My Apology\u003c/h3>\n\u003cp>I apologize, Ladies, for my ignorance,\u003cbr>\nI didn’t know.\u003cbr>\nYou see, I was blinded, mislead, and misguided by a fractured childhood,\u003cbr>\nfalse meaning of manhood, and a psychopathic ego.\u003cbr>\nI apologize for that person I used to be and for all the men who are still\u003cbr>\nblinded and cannot see.\u003cbr>\nI apologize to ALL Women known and unknown that happened across\u003cbr>\nmy self-destructive path. Whatever harm I’ve created, I hope it doesn’t last.\u003cbr>\nI apologize for not realizing the true essence of your role. The whole existence\u003cbr>\nof this earth lies in your soul.\u003cbr>\nI apologize for not realizing that you are a partner, not a tool. All the while,\u003cbr>\nyou were seeking love and support, not to be used.\u003cbr>\nI apologize for not realizing you are my help-mate, an extension of myself. Your\u003cbr>\nquality and necessity is valued more than ANY wealth.\u003cbr>\nYou see, I realize you have been misunderstood, unheard, and neglected\u003cbr>\nway too long. I sure hope it doesn’t take the next man this long to realize\u003cbr>\nhe’s been wrong.\u003cbr>\nI apologize for contributing to Satan’s plan and all the while called myself\u003cbr>\nfighting against \"the man.\"\u003cbr>\nI pray each and everyday to the Most High for forgiveness in neglecting\u003cbr>\nmy role as receiver of HIS most precious gift.\u003cbr>\nI apologize as a man, a TRUE Man, that I am.\u003cbr>\nWould you, please, accept MY Apology so that we can start over again?\u003c/p>\u003c/blockquote>\n\n","blocks":[],"excerpt":"Steven McMaryion admits he was an abuser for most of his life. He now sees the #MeToo movement as an opportunity for men like him to stand up and acknowledge how they’ve hurt others.","status":"publish","parent":0,"modified":1529765289,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":15,"wordCount":888},"headData":{"title":"In the Wake of the #MeToo Movement, a Former Abuser Apologizes | KQED","description":"Steven McMaryion admits he was an abuser for most of his life. He now sees the #MeToo movement as an opportunity for men like him to stand up and acknowledge how they’ve hurt others.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"In the Wake of the #MeToo Movement, a Former Abuser Apologizes","datePublished":"2018-01-13T02:44:51.000Z","dateModified":"2018-06-23T14:48:09.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11641415 https://ww2.kqed.org/news/?p=11641415","disqusUrl":"https://ww2.kqed.org/news/2018/01/12/in-the-wake-of-the-metoo-movement-a-former-abuser-apologizes/","disqusTitle":"In the Wake of the #MeToo Movement, a Former Abuser Apologizes","nprByline":"Steven McMaryion","path":"/news/11641415/in-the-wake-of-the-metoo-movement-a-former-abuser-apologizes","audioUrl":"https://www.kqed.org/.stream/anon/radio/tcrmag/2018/01/AbuserApologizes.mp3","audioDuration":242000,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>As part of KQED's \u003ca href=\"https://ww2.kqed.org/news/tag/ustoo/\" target=\"_blank\" rel=\"noopener\">#USToo series\u003c/a>, women have shared in their own words, stories of abuse and sexual harassment.\u003c/em>\u003c/p>\n\u003cp>\u003cem>In this installment, we hear from a man who says for most of his life, he was an abuser. 62-year-old Steven McMaryion of Los Angeles says he sees the #MeToo movement as an opportunity for men like him to also stand up, speak out, and acknowledge how they’ve hurt others.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"audio","attributes":{"named":{"src":"https://www.kqed.org/.stream/anon/radio/tcrmag/2018/01/AbuserApologizes.mp3","image":"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/01/StevePhoto-1180x999.jpg","title":"In the Wake of the #MeToo Movement, a Former Abuser Apologizes","program":"The California Report","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch3>'I Learned Basically From What I Heard in the Streets'\u003c/h3>\n\u003cp>I grew up in a family being the oldest of the young men in my family. I had three brothers under me and three sisters over me. Therefore I was told I was the man of the house. My dad was in and out of my life, mostly out. I learned basically from what I heard on the streets. Older men would say, \"you need to train a woman.\"\u003c/p>\n\u003cp>I used to hear my mother and her friends and my sisters sometimes speak negatively of men. And as a young man I took that personally and figured they were talking about me too. So I took a defense to it.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The first time I can remember actually physically abusing a woman I was about 16 years old. I was with a friend of mine and I witnessed him striking his girlfriend. And so I thought that was the right thing to do. So I did the same thing. I struck my girl. When I did she was very surprised. I'll never forget the look on her face when she asked, \"Why did you do that?\" And I really didn't have an answer. I know it didn't feel right but she didn't leave. She stayed there. So that was the ticket for me to say it was OK.\u003c/p>\n\u003ch3>'It Feels Good to Be Free and to Say These Things'\u003c/h3>\n\u003cp>When I was about 30 years old I fell into a relationship that lasted for about 10 years. I have to admit that I abused her in every fashion of the word \"abuse.\"\u003c/p>\n\u003cp>There came a time where she told me she wasn't afraid of me anymore. It shocked me because I didn't know what to do. I was losing my form of control, so I threatened her. Matter of fact I threatened her with a gun and she actually went to the police.\u003c/p>\n\u003cp>That cost me time in prison. While in prison I received a spiritual revelation. I had a chance to look at myself and see the ugliness of myself and who I thought I was and who I was not.\u003c/p>\n\u003cp>This was in 1998. In the wake of the #MeToo movement I wanted to share my story. I wanted to share the distortion of who I thought women were and that they were to be used.\u003c/p>\n\u003cp>I realize now this is a time of healing and it feels good to be free to be able to say these things. I can remember that in that 10-year relationship, my protection was for her to be silent. For her not to say anything.\u003c/p>\n\u003cp>You know I thank the Lord Most High for allowing me to be free enough to speak about the ugliness of that part of me. I really, honestly believe that there are more men that need to see this within themselves.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>I wrote a poem, an apology to the women I hurt and those who have been hurt at the hands of men like me.\u003c/p>\n\u003cblockquote>\n\u003ch3>My Apology\u003c/h3>\n\u003cp>I apologize, Ladies, for my ignorance,\u003cbr>\nI didn’t know.\u003cbr>\nYou see, I was blinded, mislead, and misguided by a fractured childhood,\u003cbr>\nfalse meaning of manhood, and a psychopathic ego.\u003cbr>\nI apologize for that person I used to be and for all the men who are still\u003cbr>\nblinded and cannot see.\u003cbr>\nI apologize to ALL Women known and unknown that happened across\u003cbr>\nmy self-destructive path. Whatever harm I’ve created, I hope it doesn’t last.\u003cbr>\nI apologize for not realizing the true essence of your role. The whole existence\u003cbr>\nof this earth lies in your soul.\u003cbr>\nI apologize for not realizing that you are a partner, not a tool. All the while,\u003cbr>\nyou were seeking love and support, not to be used.\u003cbr>\nI apologize for not realizing you are my help-mate, an extension of myself. Your\u003cbr>\nquality and necessity is valued more than ANY wealth.\u003cbr>\nYou see, I realize you have been misunderstood, unheard, and neglected\u003cbr>\nway too long. I sure hope it doesn’t take the next man this long to realize\u003cbr>\nhe’s been wrong.\u003cbr>\nI apologize for contributing to Satan’s plan and all the while called myself\u003cbr>\nfighting against \"the man.\"\u003cbr>\nI pray each and everyday to the Most High for forgiveness in neglecting\u003cbr>\nmy role as receiver of HIS most precious gift.\u003cbr>\nI apologize as a man, a TRUE Man, that I am.\u003cbr>\nWould you, please, accept MY Apology so that we can start over again?\u003c/p>\u003c/blockquote>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11641415/in-the-wake-of-the-metoo-movement-a-former-abuser-apologizes","authors":["byline_news_11641415"],"programs":["news_72"],"categories":["news_8"],"tags":["news_21818","news_3144","news_21804","news_2838","news_23379","news_17286","news_22396"],"featImg":"news_11641919","label":"news_72"},"news_130697":{"type":"posts","id":"news_130697","meta":{"index":"posts_1591205157","site":"news","id":"130697","score":null,"sort":[1395961768000]},"guestAuthors":[],"slug":"abuse-findings-continue-at-california-centers-for-the-disabled-despite-scrutiny","title":"Abuse Findings Continue at California Centers for the Disabled, Despite Scrutiny","publishDate":1395961768,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_130703\" class=\"wp-caption alignnone\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/03/F180097365.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/03/F180097365-640x453.jpg\" alt=\"California's Department of Public Health has been under scrutiny for overlooking obvious cases of abuse at the state's five developmental centers. (Adithya Sambamurthy/The Center for Investigative Reporting)\" width=\"640\" height=\"453\" class=\"size-medium wp-image-130703\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">California's Department of Public Health has been under scrutiny for overlooking obvious cases of abuse at the state's five developmental centers. (Adithya Sambamurthy/The Center for Investigative Reporting)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>By Rachael Bale\u003c/strong>\u003c/p>\n\u003cp>She is known in public records as Client 98, a disabled woman living at the Lanterman Developmental Center, a state-run board-and-care facility in Los Angeles County that houses roughly 100 men and women with disorders such as cerebral palsy and severe autism.\u003c/p>\n\u003cp>On the morning of Nov. 6, 2012, an aide was helping Client 98 from the shower to the bed when the aide noticed drops of blood on the floor. A health services specialist found that the woman had a tear in her genital area. \u003c/p>\n\u003cp>An on-site physician examined Client 98, whose age was not included in public records, and concluded that someone might have sexually assaulted her. She was taken to the hospital for a full examination. \u003c/p>\n\u003cp>“It was some type of blunt force trauma, but I cannot tell what,” \u003ca href=\"https://www.documentcloud.org/documents/1068159-lanterman-developmental-center-survey-1of-2.html#document/p121/a150083\">said a nurse\u003c/a> who examined her, according to public records. The nurse confirmed an assault had occurred.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The unsolved case of Client 98 was in \u003ca href=\"http://www.cdph.ca.gov/programs/LnC/Pages/DevelopmentalCenterActions.aspx\">reports\u003c/a> by the California Department of Public Health documenting life inside Lanterman Developmental Center and another state board-and-care facility, the Fairview Developmental Center in Orange County. Totaling more than 500 pages, these reports offer a dispiriting glimpse into alleged violence and other misconduct harming severely developmentally disabled residents in these two facilities.\u003c/p>\n\u003caside class=\"pullquote alignleft\">The facility’s emergency notification system went off: code blue -- patient in need of resuscitation.\u003c/aside>\n\u003cp>The violations include suspicious deaths, poor treatment and improper supervision. Inspectors visiting Lanterman in September, for example, recorded incidents of staff giving \u003ca href=\"https://www.documentcloud.org/documents/1068159-lanterman-developmental-center-survey-1of-2.html#document/p86/a9\">unnecessary drugs\u003c/a>, \u003ca href=\"https://www.documentcloud.org/documents/1068159-lanterman-developmental-center-survey-1of-2.html#document/p93/a5\">providing incontinence care in view of others\u003c/a> and inadequately supervising residents, during which times one person \u003ca href=\"https://www.documentcloud.org/documents/1068159-lanterman-developmental-center-survey-1of-2.html#document/p111/a8\">assaulted another with a wooden stick\u003c/a> and another was suspected of \u003ca href=\"https://www.documentcloud.org/documents/1068159-lanterman-developmental-center-survey-1of-2.html#document/p109/a7\">ingesting foreign objects\u003c/a>, among other incidents.\u003c/p>\n\u003cp>The state inspectors, who complete the compliance surveys on behalf of the federal Centers for Medicare & Medicaid Services, focused on about 30 residents at the facilities, which together house more than 400 residents. Although the reports are public, the names and other identifying information about patients were kept confidential for privacy reasons. The surveys occur no more than 15.9 months apart, according to federal guidelines. On average, they occur 12 months apart, according to a state Department of Public Health spokesman. \u003c/p>\n\u003cp>Both the Department of Public Health, which inspects the state’s five developmental centers, and the state Department of Developmental Services, which runs them, have been under intense scrutiny for overlooking obvious cases of abuse at the facilities, which collectively house more than 1,300 men and women. A \u003ca href=\"http://californiawatch.org/broken-shield\">series of reports\u003c/a> from The Center for Investigative Reporting found the developmental centers’ on-site police force, the Office of Protective Services, has failed to conduct thorough investigations into claims of abuse.\u003c/p>\n\u003cp>“The fact that they're finding all of these problems at all of these facilities now really suggests they have not been doing thorough survey investigations over a number of years at these facilities,” said Leslie Morrison, director of the investigations unit at Disability Rights California.\u003c/p>\n\u003cp>In response, a spokesman for the health department said all surveys are conducted according to a process laid out by the Centers for Medicare & Medicaid Services. “Each survey is dynamic, and findings from surveys stand independently,” Corey Egel said in a written statement.\u003c/p>\n\u003cp>Since December 2012, federal regulators have penalized all four of California's large developmental centers, located in Sonoma, Orange, Los Angeles and Tulare counties. A fifth, smaller developmental center in Riverside County was found to have compliance violations in 2012, but it faced no state or federal penalties. \u003c/p>\n\u003cp>In January, the health department began removing Medicaid funding for Fairview, Lanterman and the Porterville Developmental Center in the Central Valley for failing the compliance surveys, but recent agreements between the Department of Developmental Services and the California Department of Public Health to improve conditions halted the decertification process. \u003c/p>\n\u003cp>Nancy Lungren, a spokeswoman for the Department of Developmental Services, said in a written statement that the facilities “responded to each incident noted and developed plans of correction immediately to provide the necessary care and services, and to address any system issues.” In addition, Lungren said independent reviewers are expected to start visiting the facilities in April to “examine the root cause of the deficiencies” and offer an improvement plan. \u003c/p>\n\u003caside class=\"pullquote alignleft\">Client 12 'refused to move her legs' for two days. It turned out that she had a broken neck.\u003c/aside>\n\u003cp>The state has eight enforcement actions pending against Lanterman and Fairview, but neither facility paid any fines in 2013. And after agreeing to the plans of correction, neither faced sanctions for failing the surveys. Had the Medicare decertification actions for Lanterman, Fairview and Porterville gone through, California taxpayers would have been on the hook for about $4.1 million.\u003c/p>\n\u003cp>In the case of Client 98, the investigation was handed over the day after the assault to the California Highway Patrol, which has jurisdiction over potentially criminal cases that occur at Lanterman. \u003c/p>\n\u003cp>A CHP investigator interviewed all four staff members who had contact with the client the night of the incident. But after DNA tests returned negative, the highway patrol concluded the investigation nine months after the assault occurred. The primary suspect, an aide who was in charge of the shift on the night the client was injured, died of an unspecified medical condition during the course of the investigation. \u003c/p>\n\u003cp>Inspectors also found little evidence that the Office of Protective Services had followed up with its own internal investigation as required. It was unclear whether it had tracked down other clients with whom the suspected aide had contact.\u003c/p>\n\u003cp>“The OPS Commander was unable to provide a clear and concise answer, stating that it might have been documented in the report,” the inspectors \u003ca href=\"https://www.documentcloud.org/documents/1068159-lanterman-developmental-center-survey-1of-2.html#document/p149/a4\">wrote\u003c/a>. The commander \u003ca href=\"https://www.documentcloud.org/documents/1068159-lanterman-developmental-center-survey-1of-2.html#document/p148/a3\">suggested\u003c/a> at one point that the injury could have been a result of a loose arm on a chair, according to the compliance survey. \u003c/p>\n\u003cp>In addition to failing to protect a client from sexual assault, Lanterman was \u003ca href=\"https://www.documentcloud.org/documents/1068159-lanterman-developmental-center-survey-1of-2.html#document/p58/a150079\">cited\u003c/a> for neglect.\u003c/p>\n\u003cp>Around 4:30 p.m. Jan. 5, 2013 – about two months after the suspected sexual assault – another Lanterman resident, known as \u003ca href=\"https://www.documentcloud.org/documents/1068159-lanterman-developmental-center-survey-1of-2.html#document/p58/a4\">Client 97\u003c/a>, lay down for a nap. The afternoon nap was out of character, but the aide assigned to monitor this resident at all times nonetheless left the room after a few minutes.\u003c/p>\n\u003cp>About 10 minutes later, the facility’s emergency notification system went off: code blue – patient in need of resuscitation. \u003c/p>\n\u003cp>The aide returned to the room and began CPR. More staff arrived to help. Paramedics came soon after. But by 5:15 p.m., the code was canceled. \u003c/p>\n\u003cp>Client 97 was dead. \u003c/p>\n\u003cp>Coincidentally, a surveyor from the Department of Public Health was on-site that day to conduct a compliance inspection. The surveyor noticed that Client 97 was supposed to be on enhanced supervision, so the surveyor and another employee went to check on him.\u003c/p>\n\u003cp>“We found Client 97 in his bed, laying on his side,” the surveyor \u003ca href=\"https://www.documentcloud.org/documents/1068159-lanterman-developmental-center-survey-1of-2.html#document/p59/a150080\">wrote\u003c/a> in the inspection report. He had no pulse. “I called a code and 911.”\u003c/p>\n\u003cp>Eight months later, the health department found that this incident – and several others relating to lack of supervision – put the Lanterman Developmental Center \u003ca href=\"https://www.documentcloud.org/documents/1068159-lanterman-developmental-center-survey-1of-2.html#document/p58/a5\">on track\u003c/a> to lose its Medicaid funding. \u003c/p>\n\u003cp>Inspectors also found serious problems at the Fairview Developmental Center in Costa Mesa. In fact, they noted Fairview had accumulated more violations between surveys in May and August of 2013, ranging from \u003ca href=\"https://www.documentcloud.org/documents/1068161-fairview-developmental-center-survey-2-of-3.html#document/p6/a2\">verbal abuse\u003c/a> to restricting \u003ca href=\"https://www.documentcloud.org/documents/1068163-fairview-developmental-center-survey-1-of-3.html#document/p38/a3\">access to the telephone\u003c/a> and \u003ca href=\"https://www.documentcloud.org/documents/1068163-fairview-developmental-center-survey-1-of-3.html#document/p39/a4\">recreational activities\u003c/a> to not being alert about \u003ca href=\"https://www.documentcloud.org/documents/1068161-fairview-developmental-center-survey-2-of-3.html#document/p8/a150147\">unexplained injuries\u003c/a>. \u003c/p>\n\u003cp>In one illustrative case, Client 12 “refused to move her legs” for two days. It turned out that she had a broken neck and needed surgery. Doctors also \u003ca href=\"https://www.documentcloud.org/documents/1068163-fairview-developmental-center-survey-1-of-3.html#document/p96/a9\">found\u003c/a> a broken rib, a bruise on her neck and a blood clot under her scalp.\u003c/p>\n\u003cp>The surgery was the culmination of about a month of unexplained bruises and a hard fall after a seizure. It is unclear or unknown exactly what caused the neck fracture, but inspectors noted her \u003ca href=\"https://www.documentcloud.org/documents/1068163-fairview-developmental-center-survey-1-of-3.html#document/p91/a150138\">worn-out\u003c/a>, \u003ca href=\"https://www.documentcloud.org/documents/1068163-fairview-developmental-center-survey-1-of-3.html#document/p92/a150139\">cracked\u003c/a> helmet and heard from staff members who \u003ca href=\"https://www.documentcloud.org/documents/1068163-fairview-developmental-center-survey-1-of-3.html#document/p96/a150116\">said\u003c/a> she had complained of back pain at least a week before the paralysis began.\u003c/p>\n\u003cp>When the resident first “refused to move,” several sets of X-rays failed to reveal any injuries. However, as the radiologist later \u003ca href=\"https://www.documentcloud.org/documents/1068163-fairview-developmental-center-survey-1-of-3.html#document/p93/a150114\">told\u003c/a> inspectors, several vertebrae in her neck could not be scanned because of the placement of her shoulder. He recommended a CT scan, but Client 12 returned to Fairview without one.\u003c/p>\n\u003cp>After two days of being unable to move her legs, she received a CT scan. It showed her broken neck, as well as a broken right rib. Client 12 needed surgery. She is now \u003ca href=\"https://www.documentcloud.org/documents/1068163-fairview-developmental-center-survey-1-of-3.html#document/p29/a151211\">paralyzed and requires a breathing tube\u003c/a>. \u003c/p>\n\u003cp>Lanterman and Fairview continue to operate.\u003c/p>\n\u003cp>\u003cem>Reporter Ryan Gabrielson contributed to this story. It was edited by Robert Salladay and copy edited by Nikki Frick and Christine Lee.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cstrong>This story was produced by the independent, nonprofit Center for Investigative Reporting, the country’s largest investigative reporting team. For more, visit cironline.org. Bale can be reached at rbale@cironline.org.\u003c/strong>\u003c/p>\n\n","blocks":[],"excerpt":"Sexual violence and suspicious deaths are among the violations alleged in new reports on the state of care in California's facilities for the developmentally disabled.","status":"publish","parent":0,"modified":1395961768,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":37,"wordCount":1570},"headData":{"title":"Abuse Findings Continue at California Centers for the Disabled, Despite Scrutiny | KQED","description":"Sexual violence and suspicious deaths are among the violations alleged in new reports on the state of care in California's facilities for the developmentally disabled.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Abuse Findings Continue at California Centers for the Disabled, Despite Scrutiny","datePublished":"2014-03-27T23:09:28.000Z","dateModified":"2014-03-27T23:09:28.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"130697 http://ww2.kqed.org/news/?p=130697","disqusUrl":"https://ww2.kqed.org/news/2014/03/27/abuse-findings-continue-at-california-centers-for-the-disabled-despite-scrutiny/","disqusTitle":"Abuse Findings Continue at California Centers for the Disabled, Despite Scrutiny","customPermalink":"2014/03/27/130697/abuse-findings-continue-California-developmental-centers/","path":"/news/130697/abuse-findings-continue-at-california-centers-for-the-disabled-despite-scrutiny","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_130703\" class=\"wp-caption alignnone\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/03/F180097365.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2014/03/F180097365-640x453.jpg\" alt=\"California's Department of Public Health has been under scrutiny for overlooking obvious cases of abuse at the state's five developmental centers. (Adithya Sambamurthy/The Center for Investigative Reporting)\" width=\"640\" height=\"453\" class=\"size-medium wp-image-130703\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">California's Department of Public Health has been under scrutiny for overlooking obvious cases of abuse at the state's five developmental centers. (Adithya Sambamurthy/The Center for Investigative Reporting)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>By Rachael Bale\u003c/strong>\u003c/p>\n\u003cp>She is known in public records as Client 98, a disabled woman living at the Lanterman Developmental Center, a state-run board-and-care facility in Los Angeles County that houses roughly 100 men and women with disorders such as cerebral palsy and severe autism.\u003c/p>\n\u003cp>On the morning of Nov. 6, 2012, an aide was helping Client 98 from the shower to the bed when the aide noticed drops of blood on the floor. A health services specialist found that the woman had a tear in her genital area. \u003c/p>\n\u003cp>An on-site physician examined Client 98, whose age was not included in public records, and concluded that someone might have sexually assaulted her. She was taken to the hospital for a full examination. \u003c/p>\n\u003cp>“It was some type of blunt force trauma, but I cannot tell what,” \u003ca href=\"https://www.documentcloud.org/documents/1068159-lanterman-developmental-center-survey-1of-2.html#document/p121/a150083\">said a nurse\u003c/a> who examined her, according to public records. The nurse confirmed an assault had occurred.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The unsolved case of Client 98 was in \u003ca href=\"http://www.cdph.ca.gov/programs/LnC/Pages/DevelopmentalCenterActions.aspx\">reports\u003c/a> by the California Department of Public Health documenting life inside Lanterman Developmental Center and another state board-and-care facility, the Fairview Developmental Center in Orange County. Totaling more than 500 pages, these reports offer a dispiriting glimpse into alleged violence and other misconduct harming severely developmentally disabled residents in these two facilities.\u003c/p>\n\u003caside class=\"pullquote alignleft\">The facility’s emergency notification system went off: code blue -- patient in need of resuscitation.\u003c/aside>\n\u003cp>The violations include suspicious deaths, poor treatment and improper supervision. Inspectors visiting Lanterman in September, for example, recorded incidents of staff giving \u003ca href=\"https://www.documentcloud.org/documents/1068159-lanterman-developmental-center-survey-1of-2.html#document/p86/a9\">unnecessary drugs\u003c/a>, \u003ca href=\"https://www.documentcloud.org/documents/1068159-lanterman-developmental-center-survey-1of-2.html#document/p93/a5\">providing incontinence care in view of others\u003c/a> and inadequately supervising residents, during which times one person \u003ca href=\"https://www.documentcloud.org/documents/1068159-lanterman-developmental-center-survey-1of-2.html#document/p111/a8\">assaulted another with a wooden stick\u003c/a> and another was suspected of \u003ca href=\"https://www.documentcloud.org/documents/1068159-lanterman-developmental-center-survey-1of-2.html#document/p109/a7\">ingesting foreign objects\u003c/a>, among other incidents.\u003c/p>\n\u003cp>The state inspectors, who complete the compliance surveys on behalf of the federal Centers for Medicare & Medicaid Services, focused on about 30 residents at the facilities, which together house more than 400 residents. Although the reports are public, the names and other identifying information about patients were kept confidential for privacy reasons. The surveys occur no more than 15.9 months apart, according to federal guidelines. On average, they occur 12 months apart, according to a state Department of Public Health spokesman. \u003c/p>\n\u003cp>Both the Department of Public Health, which inspects the state’s five developmental centers, and the state Department of Developmental Services, which runs them, have been under intense scrutiny for overlooking obvious cases of abuse at the facilities, which collectively house more than 1,300 men and women. A \u003ca href=\"http://californiawatch.org/broken-shield\">series of reports\u003c/a> from The Center for Investigative Reporting found the developmental centers’ on-site police force, the Office of Protective Services, has failed to conduct thorough investigations into claims of abuse.\u003c/p>\n\u003cp>“The fact that they're finding all of these problems at all of these facilities now really suggests they have not been doing thorough survey investigations over a number of years at these facilities,” said Leslie Morrison, director of the investigations unit at Disability Rights California.\u003c/p>\n\u003cp>In response, a spokesman for the health department said all surveys are conducted according to a process laid out by the Centers for Medicare & Medicaid Services. “Each survey is dynamic, and findings from surveys stand independently,” Corey Egel said in a written statement.\u003c/p>\n\u003cp>Since December 2012, federal regulators have penalized all four of California's large developmental centers, located in Sonoma, Orange, Los Angeles and Tulare counties. A fifth, smaller developmental center in Riverside County was found to have compliance violations in 2012, but it faced no state or federal penalties. \u003c/p>\n\u003cp>In January, the health department began removing Medicaid funding for Fairview, Lanterman and the Porterville Developmental Center in the Central Valley for failing the compliance surveys, but recent agreements between the Department of Developmental Services and the California Department of Public Health to improve conditions halted the decertification process. \u003c/p>\n\u003cp>Nancy Lungren, a spokeswoman for the Department of Developmental Services, said in a written statement that the facilities “responded to each incident noted and developed plans of correction immediately to provide the necessary care and services, and to address any system issues.” In addition, Lungren said independent reviewers are expected to start visiting the facilities in April to “examine the root cause of the deficiencies” and offer an improvement plan. \u003c/p>\n\u003caside class=\"pullquote alignleft\">Client 12 'refused to move her legs' for two days. It turned out that she had a broken neck.\u003c/aside>\n\u003cp>The state has eight enforcement actions pending against Lanterman and Fairview, but neither facility paid any fines in 2013. And after agreeing to the plans of correction, neither faced sanctions for failing the surveys. Had the Medicare decertification actions for Lanterman, Fairview and Porterville gone through, California taxpayers would have been on the hook for about $4.1 million.\u003c/p>\n\u003cp>In the case of Client 98, the investigation was handed over the day after the assault to the California Highway Patrol, which has jurisdiction over potentially criminal cases that occur at Lanterman. \u003c/p>\n\u003cp>A CHP investigator interviewed all four staff members who had contact with the client the night of the incident. But after DNA tests returned negative, the highway patrol concluded the investigation nine months after the assault occurred. The primary suspect, an aide who was in charge of the shift on the night the client was injured, died of an unspecified medical condition during the course of the investigation. \u003c/p>\n\u003cp>Inspectors also found little evidence that the Office of Protective Services had followed up with its own internal investigation as required. It was unclear whether it had tracked down other clients with whom the suspected aide had contact.\u003c/p>\n\u003cp>“The OPS Commander was unable to provide a clear and concise answer, stating that it might have been documented in the report,” the inspectors \u003ca href=\"https://www.documentcloud.org/documents/1068159-lanterman-developmental-center-survey-1of-2.html#document/p149/a4\">wrote\u003c/a>. The commander \u003ca href=\"https://www.documentcloud.org/documents/1068159-lanterman-developmental-center-survey-1of-2.html#document/p148/a3\">suggested\u003c/a> at one point that the injury could have been a result of a loose arm on a chair, according to the compliance survey. \u003c/p>\n\u003cp>In addition to failing to protect a client from sexual assault, Lanterman was \u003ca href=\"https://www.documentcloud.org/documents/1068159-lanterman-developmental-center-survey-1of-2.html#document/p58/a150079\">cited\u003c/a> for neglect.\u003c/p>\n\u003cp>Around 4:30 p.m. Jan. 5, 2013 – about two months after the suspected sexual assault – another Lanterman resident, known as \u003ca href=\"https://www.documentcloud.org/documents/1068159-lanterman-developmental-center-survey-1of-2.html#document/p58/a4\">Client 97\u003c/a>, lay down for a nap. The afternoon nap was out of character, but the aide assigned to monitor this resident at all times nonetheless left the room after a few minutes.\u003c/p>\n\u003cp>About 10 minutes later, the facility’s emergency notification system went off: code blue – patient in need of resuscitation. \u003c/p>\n\u003cp>The aide returned to the room and began CPR. More staff arrived to help. Paramedics came soon after. But by 5:15 p.m., the code was canceled. \u003c/p>\n\u003cp>Client 97 was dead. \u003c/p>\n\u003cp>Coincidentally, a surveyor from the Department of Public Health was on-site that day to conduct a compliance inspection. The surveyor noticed that Client 97 was supposed to be on enhanced supervision, so the surveyor and another employee went to check on him.\u003c/p>\n\u003cp>“We found Client 97 in his bed, laying on his side,” the surveyor \u003ca href=\"https://www.documentcloud.org/documents/1068159-lanterman-developmental-center-survey-1of-2.html#document/p59/a150080\">wrote\u003c/a> in the inspection report. He had no pulse. “I called a code and 911.”\u003c/p>\n\u003cp>Eight months later, the health department found that this incident – and several others relating to lack of supervision – put the Lanterman Developmental Center \u003ca href=\"https://www.documentcloud.org/documents/1068159-lanterman-developmental-center-survey-1of-2.html#document/p58/a5\">on track\u003c/a> to lose its Medicaid funding. \u003c/p>\n\u003cp>Inspectors also found serious problems at the Fairview Developmental Center in Costa Mesa. In fact, they noted Fairview had accumulated more violations between surveys in May and August of 2013, ranging from \u003ca href=\"https://www.documentcloud.org/documents/1068161-fairview-developmental-center-survey-2-of-3.html#document/p6/a2\">verbal abuse\u003c/a> to restricting \u003ca href=\"https://www.documentcloud.org/documents/1068163-fairview-developmental-center-survey-1-of-3.html#document/p38/a3\">access to the telephone\u003c/a> and \u003ca href=\"https://www.documentcloud.org/documents/1068163-fairview-developmental-center-survey-1-of-3.html#document/p39/a4\">recreational activities\u003c/a> to not being alert about \u003ca href=\"https://www.documentcloud.org/documents/1068161-fairview-developmental-center-survey-2-of-3.html#document/p8/a150147\">unexplained injuries\u003c/a>. \u003c/p>\n\u003cp>In one illustrative case, Client 12 “refused to move her legs” for two days. It turned out that she had a broken neck and needed surgery. Doctors also \u003ca href=\"https://www.documentcloud.org/documents/1068163-fairview-developmental-center-survey-1-of-3.html#document/p96/a9\">found\u003c/a> a broken rib, a bruise on her neck and a blood clot under her scalp.\u003c/p>\n\u003cp>The surgery was the culmination of about a month of unexplained bruises and a hard fall after a seizure. It is unclear or unknown exactly what caused the neck fracture, but inspectors noted her \u003ca href=\"https://www.documentcloud.org/documents/1068163-fairview-developmental-center-survey-1-of-3.html#document/p91/a150138\">worn-out\u003c/a>, \u003ca href=\"https://www.documentcloud.org/documents/1068163-fairview-developmental-center-survey-1-of-3.html#document/p92/a150139\">cracked\u003c/a> helmet and heard from staff members who \u003ca href=\"https://www.documentcloud.org/documents/1068163-fairview-developmental-center-survey-1-of-3.html#document/p96/a150116\">said\u003c/a> she had complained of back pain at least a week before the paralysis began.\u003c/p>\n\u003cp>When the resident first “refused to move,” several sets of X-rays failed to reveal any injuries. However, as the radiologist later \u003ca href=\"https://www.documentcloud.org/documents/1068163-fairview-developmental-center-survey-1-of-3.html#document/p93/a150114\">told\u003c/a> inspectors, several vertebrae in her neck could not be scanned because of the placement of her shoulder. He recommended a CT scan, but Client 12 returned to Fairview without one.\u003c/p>\n\u003cp>After two days of being unable to move her legs, she received a CT scan. It showed her broken neck, as well as a broken right rib. Client 12 needed surgery. She is now \u003ca href=\"https://www.documentcloud.org/documents/1068163-fairview-developmental-center-survey-1-of-3.html#document/p29/a151211\">paralyzed and requires a breathing tube\u003c/a>. \u003c/p>\n\u003cp>Lanterman and Fairview continue to operate.\u003c/p>\n\u003cp>\u003cem>Reporter Ryan Gabrielson contributed to this story. It was edited by Robert Salladay and copy edited by Nikki Frick and Christine Lee.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>This story was produced by the independent, nonprofit Center for Investigative Reporting, the country’s largest investigative reporting team. For more, visit cironline.org. Bale can be reached at rbale@cironline.org.\u003c/strong>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/130697/abuse-findings-continue-at-california-centers-for-the-disabled-despite-scrutiny","authors":["217"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_3144","news_18538","news_152"],"featImg":"news_130703","label":"news_6944"},"news_110488":{"type":"posts","id":"news_110488","meta":{"index":"posts_1591205157","site":"news","id":"110488","score":null,"sort":[1378789243000]},"guestAuthors":[],"slug":"whos-protecting-the-abused-elderly","title":"Who's Protecting the Abused Elderly?","publishDate":1378789243,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_110521\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/6633_transform.jpg\">\u003cimg class=\"size-full wp-image-110521\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/6633_transform.jpg\" alt=\"Elsie Fossum's nieces and nephews look at family photos of their aunt, on the seventh anniversary of her death. (Mina Kim/KQED)\" width=\"640\" height=\"359\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Elsie Fossum's nieces and nephews look at family photos of their aunt, on the seventh anniversary of her death. (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Elsie Fossum's nieces and nephews say she was the aunt you wanted to have. “She gave us our first car!” said Janet Flynn, Fossum’s niece.\u003c/p>\n\u003cp>“A '59 Ford Galaxy with massive fins on it,” Fossum’s nephew, Jim Fossum, recalled. “It was two-tone paint — pink or coral, whatever you want to call it — and white with gold hubcaps and stuff. It was just something else.”\u003c/p>\n\u003cp>Sitting in the sun-dappled backroom of a lakeside home in Walker, Minn., the Fossums remembered their aunt. Elsie Fossum was a teacher who never married or had kids. After moving to Southern California in the 1940s, she worked mostly as a librarian.\u003c/p>\n\u003cfigure id=\"attachment_110505\" class=\"wp-caption alignright\" style=\"max-width: 228px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/Elsie-Fossum.jpg\">\u003cimg class=\"size-medium wp-image-110505 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/Elsie-Fossum-228x300.jpg\" alt=\"Elsie Fossum travelled widely, say her family members, and New Zealand was one of her favorite countries. (Photo courtesy of the Fossum family)\" width=\"228\" height=\"300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Elsie Fossum traveled widely, say her family members, and New Zealand was one of her favorite countries. (Photo courtesy of the Fossum family)\u003c/figcaption>\u003c/figure>\n\u003cp>“She would come for the summer with this tiny Samsonite suitcase,” Flynn said. “She would be impeccably dressed, mixing and matching, and her hair was always done. She always looked wonderful.”\u003c/p>\n\u003cp>On the morning of July 3, 2006, Elsie Fossum lay in a pool of blood on her bedroom floor at Claremont Place, a Los Angeles-area assisted living facility where the 95-year-old woman had lived for two years. Her eyes were bruising black, her lip and upper palate were badly cut, and her right arm was broken.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>She was alive.\u003c/p>\n\u003cp>“She looked like she went four or five rounds with Muhammad Ali,” Beverlee McPherson recalled when Fossum returned from the hospital. McPherson, a registered nurse, supervised the nurse assistants at Claremont Place.\u003c!--more-->\u003c/p>\n\u003cp>Nurse assistants provide intimate care. They bathe, feed and dress the elderly, ill or disabled. The lone caregiver on Fossum’s floor that night reported Fossum fell, but McPherson and other Claremont Place staff suspected abuse.\u003c/p>\n\u003cp>Less than three weeks later, Fossum died. Her 109-pound frame succumbed to her wounds and to dehydration. Fossum was unable to take much food or water through her swollen mouth. A Los Angeles County coroner could not rule out assault and called the manner of Fossum’s death undetermined. McPherson is resolute.\u003c/p>\n\u003cp>“I’m 100 percent convinced she didn't fall out of bed, 100 percent. If you saw this woman's face, I mean her entire face was beaten to a pulp.”\u003c/p>\n\u003cp>Emergency room nurses who treated Fossum at the hospital also suspected abuse, according to official records. The hospital quickly notified the California Department of Public Health, the agency responsible for de-certifying nurse assistants and home health aides who violate standards of care.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/Public-Health-noaction.png\">\u003cimg class=\"alignleft size-medium wp-image-110511\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/Public-Health-noaction-258x300.png\" alt=\"Public Health - noaction\" width=\"258\" height=\"300\">\u003c/a>Internal documents obtained by the Center for Investigative Reporting show department investigators shelved Fossum's case for 6½ years. In February of this year, department investigators closed the case and determined no action was warranted against Fossum's caregiver.\u003c/p>\n\u003cp>After her aunt’s funeral, Janet Flynn said Claremont Place staff alerted the family that Elsie Fossum may have been a victim of elder abuse. Seven years later, the family is no closer to understanding what happened to their aunt. Their calls and emails to state agencies and local police turned up little information. They have never heard from California’s Department of Public Health.\u003c/p>\n\u003cp>“I would think that this would be very chilling to anyone who has loved ones in a facility, especially if they're not immediately local like we weren't,” Flynn said. “And you think safeguards are in place and you think that staff are qualified and that this is being regulated, and this I find chilling.”\u003c/p>\n\u003cp>The Los Angeles County Sheriff’s Department has decided Fossum's case warrants further review. A detective there said they opened a homicide investigation into her death this year. Fossum's caregiver is the sole person of interest.\u003c/p>\n\u003cp>\u003cstrong>A sprawling backlog of cases\u003c/strong>\u003c/p>\n\u003cp>Fossum’s case is not the only one where department investigators were slow to act after allegations of physical or sexual abuse.\u003c/p>\n\u003cp>In October 2007, nurse assistant Ricky Diocampo molested a 59-year-old female patient at Del Rio Sanitarium in Los Angeles County. This was not the first time Diocampo had assaulted this woman, court records would later show. In 2009, Diocampo pled guilty to patient abuse.\u003c/p>\n\u003cp>It was not until two years after his conviction that officials with California's Department of Public Health revoked Diocampo’s certification as a nurse assistant. Diocampo did not respond to phone calls, notes or visits to his Long Beach home. It is unknown whether Diocampo worked at other care facilities in the years before state regulators acted against him.\u003c/p>\n\u003cfigure id=\"attachment_110510\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/Ron-Chapman-02.jpg\">\u003cimg class=\"size-medium wp-image-110510 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/Ron-Chapman-02-300x168.jpg\" alt=\"Ron Chapman, head of the California Department of Public Health, says he doesn't understand the reason for the decline in case referrals to the Attorney General's office. (Adithya Sambamurthy/The Center)\" width=\"300\" height=\"168\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ron Chapman, head of the California Department of Public Health, says he doesn't understand the reason for the decline in case referrals to the attorney general's office. (Adithya Sambamurthy/The Center)\u003c/figcaption>\u003c/figure>\n\u003cp>“I would tell anybody: Do not count on the government taking care of you,” said Brian Woods, who oversaw the department’s Southern California investigations office in 2006. “They are overworked. They can’t get in there. Your case might get looked at 10 years later.”\u003c/p>\n\u003cp>Woods said cases languished during his tenure because of a sprawling backlog of hundreds of complaints. He said his investigators lacked the training to handle complex cases, and he had too few investigators to begin with. Woods left his position in 2008.\u003c/p>\n\u003cp>From 2004 to 2008, public health regulators piled up more than 900 cases in Southern California -- cases that involved severe injuries and suspicious deaths.\u003c/p>\n\u003cp>“There were a number of reasons for that backlog, including poor management decisions during that time in terms of how to use the resources that were available,” said Ron Chapman, who heads California’s Department of Public Health. “A backlog for investigating complaints is inexcusable; it should not have occurred.”\u003c/p>\n\u003cp>Chapman said a plan was implemented in 2009 to address the backlog.\u003c/p>\n\u003cp>“In the two years that I've been in the job, there's now new management from top to bottom,” he said. “We're staying on top of all the complaints as they come in.”\u003c/p>\n\u003cp>But since Chapman's been on the job, the number of nurse assistants who have lost their certifications has dropped dramatically. In fiscal year 2008, the department revoked or denied certifications in 27 percent of cases. In fiscal years 2011 and 2012, that number dropped to 9 percent.\u003c/p>\n\u003cp>Chapman said he sees no evidence that addressing the backlog has undermined the quality of the department’s investigations. But Marc Parker, who led the investigations section for nine years, said he was forced to cut corners.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/Public-Health-vanishingbacklog.png\">\u003cimg class=\"alignleft size-medium wp-image-110513\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/Public-Health-vanishingbacklog-238x300.png\" alt=\"Public Health - vanishingbacklog\" width=\"238\" height=\"300\">\u003c/a>“Hundreds of cases were closed, hundreds, with nothing but a phone call,” Parker said. “The directions were to reduce this backlog, get these cases done. Staff was prohibited from traveling, restricted to sitting at their desk ... except only in the most dire cases.”\u003c/p>\n\u003cp>Parker said without facility visits, investigators are unable to see the layout of a room, conduct impromptu interviews, or assess a person's body language.\u003c/p>\n\u003cp>“You lose all the basic cues, all the ‘tells’ that people have,” he said. “Their facial expression, eye movements, their body posture, their legs are crossed, they're turning away from you, they look you in the eye, they don't. If you're doing it on the telephone, all of that is gone.”\u003c/p>\n\u003cp>According the Parker, the practice of shortchanging investigations continues today. “I get emails; I get phone calls from folks who tell me what's going on.”\u003c/p>\n\u003cp>Parker, who retired in December of 2011, said he left earlier than planned. “I could not protect the public any longer,” Parker said. “There was just a failure to protect the most vulnerable people in our state from abuse and neglect.”\u003c/p>\n\u003cp>\u003cstrong>Fewer cases sent to prosecutors\u003c/strong>\u003c/p>\n\u003cp>Public health regulators are legally bound to report all suspected criminal wrongdoing to the state attorney general's office. Over the three years before the department addressed the backlog, it referred 88 deaths for criminal prosecution. But that number has plummeted. In 2011, the department referred two deaths.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/Public-Health-patientdeaths.png\">\u003cimg class=\"alignright size-medium wp-image-110512\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/Public-Health-patientdeaths-243x300.png\" alt=\"Public Health - patientdeaths\" width=\"243\" height=\"300\">\u003c/a>Paul Greenwood, who has been prosecuting elder abuse cases for nearly two decades as head of the San Diego district attorney’s elder abuse unit, finds that baffling.\u003c/p>\n\u003cp>“I don’t know how many nursing homes there are in California or how many deaths a year there are in the facilities, but the number is going to be huge,” Greenwood said. “And to think there are only two suspicious deaths? No, I just frankly cannot believe that.”\u003c/p>\n\u003cp>Chapman said his staff is drafting agreements with the attorney general's office to improve communication and work better with them as a partner.\u003c/p>\n\u003cp>“We don't understand that decline in numbers,” he said. “It's very concerning to me and we are looking into it.”\u003c/p>\n\u003cp>Chapman said while he's confident no complaints have been mishandled, he is open to the possibility of reviewing closed cases, including the death of Elsie Fossum.\u003c/p>\n\u003cp>“It sounds absolutely horrible,” Chapman said. “We should be doing investigations on all complaints. If that's not happening that's a problem and we need to address it, and I'll be looking into that case.”\u003c/p>\n\u003cp>\u003cem>This story was co-reported with Ryan Gabrielson of the Center for Investigative Reporting. \u003ca href=\"http://cironline.org/reports/quick-dismissal-caregiver-abuse-cases-puts-calif-patients-risk-5158\" target=\"_blank\">Read his story, \u003c/a>\u003c/em>\u003ca href=\"http://cironline.org/reports/quick-dismissal-caregiver-abuse-cases-puts-calif-patients-risk-5158\" target=\"_blank\">Quick dismissal of caregiver abuse cases puts California patients at risk.\u003c/a>\u003c/p>\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F105786096%3Fsecret_token%3Ds-lRcYE\" frameborder=\"no\" scrolling=\"no\" width=\"100%\" height=\"166\">\u003c/iframe>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003ciframe src=\"http://embed.verite.co/timeline/?source=0Ai_7jS90j6v-dF95M2NCUXFJZmVrNXZyQnJ5OVNaZGc&font=Bevan-PotanoSans&maptype=toner&lang=en&height=650\" frameborder=\"0\" width=\"100%\" height=\"650\">\u003c/iframe>\u003c/p>\n\n","blocks":[],"excerpt":"The state's Department of Public Health failed to investigate serious cases, including suspicious deaths.","status":"publish","parent":0,"modified":1378858568,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":45,"wordCount":1642},"headData":{"title":"Who's Protecting the Abused Elderly? | KQED","description":"The state's Department of Public Health failed to investigate serious cases, including suspicious deaths.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Who's Protecting the Abused Elderly?","datePublished":"2013-09-10T05:00:43.000Z","dateModified":"2013-09-11T00:16:08.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"110488 http://ww2.kqed.org/news/?p=110488","disqusUrl":"https://ww2.kqed.org/news/2013/09/09/whos-protecting-the-abused-elderly/","disqusTitle":"Who's Protecting the Abused Elderly?","path":"/news/110488/whos-protecting-the-abused-elderly","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_110521\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/6633_transform.jpg\">\u003cimg class=\"size-full wp-image-110521\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/6633_transform.jpg\" alt=\"Elsie Fossum's nieces and nephews look at family photos of their aunt, on the seventh anniversary of her death. (Mina Kim/KQED)\" width=\"640\" height=\"359\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Elsie Fossum's nieces and nephews look at family photos of their aunt, on the seventh anniversary of her death. (Mina Kim/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Elsie Fossum's nieces and nephews say she was the aunt you wanted to have. “She gave us our first car!” said Janet Flynn, Fossum’s niece.\u003c/p>\n\u003cp>“A '59 Ford Galaxy with massive fins on it,” Fossum’s nephew, Jim Fossum, recalled. “It was two-tone paint — pink or coral, whatever you want to call it — and white with gold hubcaps and stuff. It was just something else.”\u003c/p>\n\u003cp>Sitting in the sun-dappled backroom of a lakeside home in Walker, Minn., the Fossums remembered their aunt. Elsie Fossum was a teacher who never married or had kids. After moving to Southern California in the 1940s, she worked mostly as a librarian.\u003c/p>\n\u003cfigure id=\"attachment_110505\" class=\"wp-caption alignright\" style=\"max-width: 228px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/Elsie-Fossum.jpg\">\u003cimg class=\"size-medium wp-image-110505 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/Elsie-Fossum-228x300.jpg\" alt=\"Elsie Fossum travelled widely, say her family members, and New Zealand was one of her favorite countries. (Photo courtesy of the Fossum family)\" width=\"228\" height=\"300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Elsie Fossum traveled widely, say her family members, and New Zealand was one of her favorite countries. (Photo courtesy of the Fossum family)\u003c/figcaption>\u003c/figure>\n\u003cp>“She would come for the summer with this tiny Samsonite suitcase,” Flynn said. “She would be impeccably dressed, mixing and matching, and her hair was always done. She always looked wonderful.”\u003c/p>\n\u003cp>On the morning of July 3, 2006, Elsie Fossum lay in a pool of blood on her bedroom floor at Claremont Place, a Los Angeles-area assisted living facility where the 95-year-old woman had lived for two years. Her eyes were bruising black, her lip and upper palate were badly cut, and her right arm was broken.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>She was alive.\u003c/p>\n\u003cp>“She looked like she went four or five rounds with Muhammad Ali,” Beverlee McPherson recalled when Fossum returned from the hospital. McPherson, a registered nurse, supervised the nurse assistants at Claremont Place.\u003c!--more-->\u003c/p>\n\u003cp>Nurse assistants provide intimate care. They bathe, feed and dress the elderly, ill or disabled. The lone caregiver on Fossum’s floor that night reported Fossum fell, but McPherson and other Claremont Place staff suspected abuse.\u003c/p>\n\u003cp>Less than three weeks later, Fossum died. Her 109-pound frame succumbed to her wounds and to dehydration. Fossum was unable to take much food or water through her swollen mouth. A Los Angeles County coroner could not rule out assault and called the manner of Fossum’s death undetermined. McPherson is resolute.\u003c/p>\n\u003cp>“I’m 100 percent convinced she didn't fall out of bed, 100 percent. If you saw this woman's face, I mean her entire face was beaten to a pulp.”\u003c/p>\n\u003cp>Emergency room nurses who treated Fossum at the hospital also suspected abuse, according to official records. The hospital quickly notified the California Department of Public Health, the agency responsible for de-certifying nurse assistants and home health aides who violate standards of care.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/Public-Health-noaction.png\">\u003cimg class=\"alignleft size-medium wp-image-110511\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/Public-Health-noaction-258x300.png\" alt=\"Public Health - noaction\" width=\"258\" height=\"300\">\u003c/a>Internal documents obtained by the Center for Investigative Reporting show department investigators shelved Fossum's case for 6½ years. In February of this year, department investigators closed the case and determined no action was warranted against Fossum's caregiver.\u003c/p>\n\u003cp>After her aunt’s funeral, Janet Flynn said Claremont Place staff alerted the family that Elsie Fossum may have been a victim of elder abuse. Seven years later, the family is no closer to understanding what happened to their aunt. Their calls and emails to state agencies and local police turned up little information. They have never heard from California’s Department of Public Health.\u003c/p>\n\u003cp>“I would think that this would be very chilling to anyone who has loved ones in a facility, especially if they're not immediately local like we weren't,” Flynn said. “And you think safeguards are in place and you think that staff are qualified and that this is being regulated, and this I find chilling.”\u003c/p>\n\u003cp>The Los Angeles County Sheriff’s Department has decided Fossum's case warrants further review. A detective there said they opened a homicide investigation into her death this year. Fossum's caregiver is the sole person of interest.\u003c/p>\n\u003cp>\u003cstrong>A sprawling backlog of cases\u003c/strong>\u003c/p>\n\u003cp>Fossum’s case is not the only one where department investigators were slow to act after allegations of physical or sexual abuse.\u003c/p>\n\u003cp>In October 2007, nurse assistant Ricky Diocampo molested a 59-year-old female patient at Del Rio Sanitarium in Los Angeles County. This was not the first time Diocampo had assaulted this woman, court records would later show. In 2009, Diocampo pled guilty to patient abuse.\u003c/p>\n\u003cp>It was not until two years after his conviction that officials with California's Department of Public Health revoked Diocampo’s certification as a nurse assistant. Diocampo did not respond to phone calls, notes or visits to his Long Beach home. It is unknown whether Diocampo worked at other care facilities in the years before state regulators acted against him.\u003c/p>\n\u003cfigure id=\"attachment_110510\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/Ron-Chapman-02.jpg\">\u003cimg class=\"size-medium wp-image-110510 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/Ron-Chapman-02-300x168.jpg\" alt=\"Ron Chapman, head of the California Department of Public Health, says he doesn't understand the reason for the decline in case referrals to the Attorney General's office. (Adithya Sambamurthy/The Center)\" width=\"300\" height=\"168\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Ron Chapman, head of the California Department of Public Health, says he doesn't understand the reason for the decline in case referrals to the attorney general's office. (Adithya Sambamurthy/The Center)\u003c/figcaption>\u003c/figure>\n\u003cp>“I would tell anybody: Do not count on the government taking care of you,” said Brian Woods, who oversaw the department’s Southern California investigations office in 2006. “They are overworked. They can’t get in there. Your case might get looked at 10 years later.”\u003c/p>\n\u003cp>Woods said cases languished during his tenure because of a sprawling backlog of hundreds of complaints. He said his investigators lacked the training to handle complex cases, and he had too few investigators to begin with. Woods left his position in 2008.\u003c/p>\n\u003cp>From 2004 to 2008, public health regulators piled up more than 900 cases in Southern California -- cases that involved severe injuries and suspicious deaths.\u003c/p>\n\u003cp>“There were a number of reasons for that backlog, including poor management decisions during that time in terms of how to use the resources that were available,” said Ron Chapman, who heads California’s Department of Public Health. “A backlog for investigating complaints is inexcusable; it should not have occurred.”\u003c/p>\n\u003cp>Chapman said a plan was implemented in 2009 to address the backlog.\u003c/p>\n\u003cp>“In the two years that I've been in the job, there's now new management from top to bottom,” he said. “We're staying on top of all the complaints as they come in.”\u003c/p>\n\u003cp>But since Chapman's been on the job, the number of nurse assistants who have lost their certifications has dropped dramatically. In fiscal year 2008, the department revoked or denied certifications in 27 percent of cases. In fiscal years 2011 and 2012, that number dropped to 9 percent.\u003c/p>\n\u003cp>Chapman said he sees no evidence that addressing the backlog has undermined the quality of the department’s investigations. But Marc Parker, who led the investigations section for nine years, said he was forced to cut corners.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/Public-Health-vanishingbacklog.png\">\u003cimg class=\"alignleft size-medium wp-image-110513\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/Public-Health-vanishingbacklog-238x300.png\" alt=\"Public Health - vanishingbacklog\" width=\"238\" height=\"300\">\u003c/a>“Hundreds of cases were closed, hundreds, with nothing but a phone call,” Parker said. “The directions were to reduce this backlog, get these cases done. Staff was prohibited from traveling, restricted to sitting at their desk ... except only in the most dire cases.”\u003c/p>\n\u003cp>Parker said without facility visits, investigators are unable to see the layout of a room, conduct impromptu interviews, or assess a person's body language.\u003c/p>\n\u003cp>“You lose all the basic cues, all the ‘tells’ that people have,” he said. “Their facial expression, eye movements, their body posture, their legs are crossed, they're turning away from you, they look you in the eye, they don't. If you're doing it on the telephone, all of that is gone.”\u003c/p>\n\u003cp>According the Parker, the practice of shortchanging investigations continues today. “I get emails; I get phone calls from folks who tell me what's going on.”\u003c/p>\n\u003cp>Parker, who retired in December of 2011, said he left earlier than planned. “I could not protect the public any longer,” Parker said. “There was just a failure to protect the most vulnerable people in our state from abuse and neglect.”\u003c/p>\n\u003cp>\u003cstrong>Fewer cases sent to prosecutors\u003c/strong>\u003c/p>\n\u003cp>Public health regulators are legally bound to report all suspected criminal wrongdoing to the state attorney general's office. Over the three years before the department addressed the backlog, it referred 88 deaths for criminal prosecution. But that number has plummeted. In 2011, the department referred two deaths.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/Public-Health-patientdeaths.png\">\u003cimg class=\"alignright size-medium wp-image-110512\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/Public-Health-patientdeaths-243x300.png\" alt=\"Public Health - patientdeaths\" width=\"243\" height=\"300\">\u003c/a>Paul Greenwood, who has been prosecuting elder abuse cases for nearly two decades as head of the San Diego district attorney’s elder abuse unit, finds that baffling.\u003c/p>\n\u003cp>“I don’t know how many nursing homes there are in California or how many deaths a year there are in the facilities, but the number is going to be huge,” Greenwood said. “And to think there are only two suspicious deaths? No, I just frankly cannot believe that.”\u003c/p>\n\u003cp>Chapman said his staff is drafting agreements with the attorney general's office to improve communication and work better with them as a partner.\u003c/p>\n\u003cp>“We don't understand that decline in numbers,” he said. “It's very concerning to me and we are looking into it.”\u003c/p>\n\u003cp>Chapman said while he's confident no complaints have been mishandled, he is open to the possibility of reviewing closed cases, including the death of Elsie Fossum.\u003c/p>\n\u003cp>“It sounds absolutely horrible,” Chapman said. “We should be doing investigations on all complaints. If that's not happening that's a problem and we need to address it, and I'll be looking into that case.”\u003c/p>\n\u003cp>\u003cem>This story was co-reported with Ryan Gabrielson of the Center for Investigative Reporting. \u003ca href=\"http://cironline.org/reports/quick-dismissal-caregiver-abuse-cases-puts-calif-patients-risk-5158\" target=\"_blank\">Read his story, \u003c/a>\u003c/em>\u003ca href=\"http://cironline.org/reports/quick-dismissal-caregiver-abuse-cases-puts-calif-patients-risk-5158\" target=\"_blank\">Quick dismissal of caregiver abuse cases puts California patients at risk.\u003c/a>\u003c/p>\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F105786096%3Fsecret_token%3Ds-lRcYE\" frameborder=\"no\" scrolling=\"no\" width=\"100%\" height=\"166\">\u003c/iframe>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ciframe src=\"http://embed.verite.co/timeline/?source=0Ai_7jS90j6v-dF95M2NCUXFJZmVrNXZyQnJ5OVNaZGc&font=Bevan-PotanoSans&maptype=toner&lang=en&height=650\" frameborder=\"0\" width=\"100%\" height=\"650\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/110488/whos-protecting-the-abused-elderly","authors":["243"],"programs":["news_6944"],"categories":["news_6188","news_13"],"tags":["news_3144","news_1153","news_18543","news_4803","news_4802","news_2813","news_2081"],"featImg":"news_110521","label":"news_6944"},"news_82894":{"type":"posts","id":"news_82894","meta":{"index":"posts_1591205157","site":"news","id":"82894","score":null,"sort":[1355419545000]},"guestAuthors":[],"slug":"state-threatens-to-shut-down-disability-center-amid-patient-abuse","title":"State Threatens to Shut Down Disability Center Amid Patient Abuse","publishDate":1355419545,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>by Ryan Gabrielson, C\u003ca href=\"http://californiawatch.org/dailyreport/state-threatens-shut-down-disability-center-amid-patient-abuse-18747\">alifornia Watch\u003cbr>\n\u003c/a>\u003cbr>\nThe state's largest board-and-care center for the severely disabled lost its primary license to operate today, after repeatedly exposing patients to abuse and shoddy medical care.\u003c/p>\n\u003cfigure id=\"attachment_76371\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/09/developmental-center.jpg\">\u003cimg class=\"size-medium wp-image-76371\" title=\"developmental center\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/09/developmental-center-300x169.jpg\" alt=\"\" width=\"300\" height=\"169\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Larry Ingraham holds a picket outside the Orange County District Attorney's Office in Santa Ana. Ingraham wants the office to open a homicide investigation into the 2007 death of his brother, Van. (Michael Montgomery/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>State regulators cited the Sonoma Developmental Center, which houses more than 500 patients, for \u003ca href=\"https://www.documentcloud.org/documents/538078-sdc-termination-letter-121212.html\" target=\"_blank\">dozens of cases\u003c/a>where patients were put at risk of injury or death. In issuing the citations, the state moved to shut down a major portion of the century-old institution.\u003c/p>\n\u003cp>The action comes after \u003ca href=\"http://californiawatch.org/broken-shield\" target=\"_blank\">a series of stories\u003c/a> this year from California Watch documenting failures by the Office of Protective Services, an internal police force established specifically to protect and serve patients at these board-and-care centers. The police force has failed to \u003ca href=\"http://californiawatch.org/public-safety/police-ignored-mishandled-sex-assaults-reported-disabled-18683\" target=\"_blank\">perform basic tasks\u003c/a> associated with crime investigations. In particular, the Sonoma center had evidence of a dozen sexual assaults but police investigators failed to order a single hospital-supervised examination for the alleged victims. Those reported assaults represent a third of the 36 documented cases of sexual abuse and molestation in the past four years at the state’s five developmental centers.\u003c!--more-->\u003c/p>\n\u003cp>The loss of state certification in Sonoma means California taxpayers will lose tens of millions of dollars in federal funding that is dependent on assurances the facility is properly managed. Critically, it raises questions about how to care for hundreds of patients with cerebral palsy, mental retardation and severe autism if the center closes. Most of the patients at the Sonoma center are unable to live with their families or in group homes.\u003c/p>\n\u003cp>The state Department of Developmental Services is appealing the revocation, which was announced by state health officials who have regulatory control over the facility. The facility will remain operating during the appeal.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The state Department of Public Health moved to sanction the Sonoma center after it visited the facility in late November and early December and \"documented incidents of abuse constituting immediate jeopardy, as well as actual serious threats to the physical safety of female clients in certain units.\"\u003c/p>\n\u003cp>Terri Delgadillo, director of the developmental services department, which has a budget of $4.5 billion, said state officials are acting to make changes.\u003c/p>\n\u003cp>“We are contacting our residents’ families to assure them of our continued commitment to making improvements,” Delgadillo said in \u003ca href=\"https://www.documentcloud.org/documents/538067-dds-sdc-press-rls-final-12-12-12.html\" target=\"_blank\">a written statement\u003c/a>. “We are moving quickly to fix this center and protect our residents.”\u003c/p>\n\u003cp>The department announced it was putting Frank Parrish, assistant chief of the California Highway Patrol, temporarily in charge of the Office of Protective Services’ unit at the Sonoma center. The highway patrol “is in the process of evaluating the issues to ensure the delivery of appropriate services,\" the department said in a release.\u003c/p>\n\u003cp>The move does not affect the detectives and patrol officers operating at the state’s other four developmental centers. For some critics of the Office of Protective Services, installing new leadership with a strong law enforcement background is a welcome change. For decades, state officials have hired police chiefs with little or no experience investigating crimes.\u003c/p>\n\u003cp>“It’s a whole lot easier for someone who already knows how to do law enforcement, who knows how to be a good investigator, to learn the idiosyncrasies of working with that client base,” said Thomas Simms, a retired police chief and former California Department of Justice consultant who audited the Office of Protective Services in 2002. “You can’t take the in-house people ... and make them good investigators.”\u003c/p>\n\u003cp>The state has already moved to make changes at the developmental centers, including hiring an outside monitor to help oversee retraining of officers. The Legislature ordered a thorough audit of the facilities, and Gov. Jerry Brown has signed two laws to strengthen oversight of the facilities. One requires the centers report alleged sex assaults against patients to outside law enforcement. The other requires that the Office of Protective Services chief have \"extensive management experience directing uniformed peace officer and investigation operations,\" the law states.\u003c/p>\n\u003cp>The state is targeting the facility's apparent inability to properly care for about 300 patients who aren't bedridden – the so-called intermediate care patients. An additional 200 patients under skilled nursing supervision were not affected by the sanctions issued today.\u003c/p>\n\u003cp>For the Sonoma center, the penalty would cut off reimbursements that cover about half of its $160 million annual budget. Finance records show that the Medi-Cal program pays more than $6 million a month for patient care at the Sonoma center.\u003c/p>\n\u003cp>The 90-member Office of Protective Services force was created decades ago to patrol California's five developmental centers, which are in Los Angeles, Tulare, Riverside, Orange and Sonoma counties. The facilities house about 1,600 patients, many of them so severely disabled they cannot speak.\u003c/p>\n\u003cp>In a report issued in August, state regulators repeatedly faulted the Office of Protective Services for inadequate investigations in alleged crimes against patients.\u003c/p>\n\u003cp>Since 2009, patients at developmental centers have accused their caregivers of sexual abuse 36 times. Documents show that patients suffered molestation, forced oral sex and vaginal lacerations, but the Office of Protective Services moved so slowly and ineffectively that predators stayed ahead of law enforcement or abused new victims.\u003c/p>\n\u003cp>Many the complaints of sexual abuse at the facilities have occurred at Sonoma. Twelve of the 36 abuse cases since 2009 – all identified by patients rights advocates as needing thorough investigation – occurred at Sonoma. In every case, the Office of Protective Services failed to order a sexual assault examination known as a rape kit, often the only way to gather physical evidence in sexual assault cases.\u003c/p>\n\u003cp>Statewide, the Office of Protective Services referred just three sex crime cases to county district attorneys for prosecution since 2009, said Leslie Morrison with Disability Rights California. In those cases, officers did not collect any physical evidence to determine whether crimes occurred. Just one of those cases led to an arrest.\u003c/p>\n\u003cp>Records show the Office of Investigative Services has failed to thoroughly investigate sexual assault cases at Sonoma for years. One of the most disturbing assaults involved a former patient named Jennifer who suffered from bipolar disorder and severe mental retardation.\u003c/p>\n\u003cp>In 2006, caregivers at the Sonoma center found bruises shaped like handprints covering Jennifer's breasts, suggesting an assault. She accused a staff member of molestation, but the Office of Protective Services opened an investigation without ordering a rape kit examination.\u003c/p>\n\u003cp>A few months later, Jennifer was pregnant. By then, her alleged attacker had fled the country.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>In another case from early 2000, a female patient at the Sonoma center accused a male caregiver of sexually assaulting her during a bath. The institution then assigned two men to bathe the patient, even though the facility employed many female caregivers. Both caregivers allegedly raped her during bathing. Police made no arrests in the case.\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1355423381,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":25,"wordCount":1193},"headData":{"title":"State Threatens to Shut Down Disability Center Amid Patient Abuse | KQED","description":"by Ryan Gabrielson, California Watch The state's largest board-and-care center for the severely disabled lost its primary license to operate today, after repeatedly exposing patients to abuse and shoddy medical care. State regulators cited the Sonoma Developmental Center, which houses more than 500 patients, for dozens of caseswhere patients were put at risk of injury","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"State Threatens to Shut Down Disability Center Amid Patient Abuse","datePublished":"2012-12-13T17:25:45.000Z","dateModified":"2012-12-13T18:29:41.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"82894 http://ww2.kqed.org/news/?p=82894","disqusUrl":"https://ww2.kqed.org/news/2012/12/13/state-threatens-to-shut-down-disability-center-amid-patient-abuse/","disqusTitle":"State Threatens to Shut Down Disability Center Amid Patient Abuse","path":"/news/82894/state-threatens-to-shut-down-disability-center-amid-patient-abuse","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>by Ryan Gabrielson, C\u003ca href=\"http://californiawatch.org/dailyreport/state-threatens-shut-down-disability-center-amid-patient-abuse-18747\">alifornia Watch\u003cbr>\n\u003c/a>\u003cbr>\nThe state's largest board-and-care center for the severely disabled lost its primary license to operate today, after repeatedly exposing patients to abuse and shoddy medical care.\u003c/p>\n\u003cfigure id=\"attachment_76371\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/09/developmental-center.jpg\">\u003cimg class=\"size-medium wp-image-76371\" title=\"developmental center\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/09/developmental-center-300x169.jpg\" alt=\"\" width=\"300\" height=\"169\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Larry Ingraham holds a picket outside the Orange County District Attorney's Office in Santa Ana. Ingraham wants the office to open a homicide investigation into the 2007 death of his brother, Van. (Michael Montgomery/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>State regulators cited the Sonoma Developmental Center, which houses more than 500 patients, for \u003ca href=\"https://www.documentcloud.org/documents/538078-sdc-termination-letter-121212.html\" target=\"_blank\">dozens of cases\u003c/a>where patients were put at risk of injury or death. In issuing the citations, the state moved to shut down a major portion of the century-old institution.\u003c/p>\n\u003cp>The action comes after \u003ca href=\"http://californiawatch.org/broken-shield\" target=\"_blank\">a series of stories\u003c/a> this year from California Watch documenting failures by the Office of Protective Services, an internal police force established specifically to protect and serve patients at these board-and-care centers. The police force has failed to \u003ca href=\"http://californiawatch.org/public-safety/police-ignored-mishandled-sex-assaults-reported-disabled-18683\" target=\"_blank\">perform basic tasks\u003c/a> associated with crime investigations. In particular, the Sonoma center had evidence of a dozen sexual assaults but police investigators failed to order a single hospital-supervised examination for the alleged victims. Those reported assaults represent a third of the 36 documented cases of sexual abuse and molestation in the past four years at the state’s five developmental centers.\u003c!--more-->\u003c/p>\n\u003cp>The loss of state certification in Sonoma means California taxpayers will lose tens of millions of dollars in federal funding that is dependent on assurances the facility is properly managed. Critically, it raises questions about how to care for hundreds of patients with cerebral palsy, mental retardation and severe autism if the center closes. Most of the patients at the Sonoma center are unable to live with their families or in group homes.\u003c/p>\n\u003cp>The state Department of Developmental Services is appealing the revocation, which was announced by state health officials who have regulatory control over the facility. The facility will remain operating during the appeal.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The state Department of Public Health moved to sanction the Sonoma center after it visited the facility in late November and early December and \"documented incidents of abuse constituting immediate jeopardy, as well as actual serious threats to the physical safety of female clients in certain units.\"\u003c/p>\n\u003cp>Terri Delgadillo, director of the developmental services department, which has a budget of $4.5 billion, said state officials are acting to make changes.\u003c/p>\n\u003cp>“We are contacting our residents’ families to assure them of our continued commitment to making improvements,” Delgadillo said in \u003ca href=\"https://www.documentcloud.org/documents/538067-dds-sdc-press-rls-final-12-12-12.html\" target=\"_blank\">a written statement\u003c/a>. “We are moving quickly to fix this center and protect our residents.”\u003c/p>\n\u003cp>The department announced it was putting Frank Parrish, assistant chief of the California Highway Patrol, temporarily in charge of the Office of Protective Services’ unit at the Sonoma center. The highway patrol “is in the process of evaluating the issues to ensure the delivery of appropriate services,\" the department said in a release.\u003c/p>\n\u003cp>The move does not affect the detectives and patrol officers operating at the state’s other four developmental centers. For some critics of the Office of Protective Services, installing new leadership with a strong law enforcement background is a welcome change. For decades, state officials have hired police chiefs with little or no experience investigating crimes.\u003c/p>\n\u003cp>“It’s a whole lot easier for someone who already knows how to do law enforcement, who knows how to be a good investigator, to learn the idiosyncrasies of working with that client base,” said Thomas Simms, a retired police chief and former California Department of Justice consultant who audited the Office of Protective Services in 2002. “You can’t take the in-house people ... and make them good investigators.”\u003c/p>\n\u003cp>The state has already moved to make changes at the developmental centers, including hiring an outside monitor to help oversee retraining of officers. The Legislature ordered a thorough audit of the facilities, and Gov. Jerry Brown has signed two laws to strengthen oversight of the facilities. One requires the centers report alleged sex assaults against patients to outside law enforcement. The other requires that the Office of Protective Services chief have \"extensive management experience directing uniformed peace officer and investigation operations,\" the law states.\u003c/p>\n\u003cp>The state is targeting the facility's apparent inability to properly care for about 300 patients who aren't bedridden – the so-called intermediate care patients. An additional 200 patients under skilled nursing supervision were not affected by the sanctions issued today.\u003c/p>\n\u003cp>For the Sonoma center, the penalty would cut off reimbursements that cover about half of its $160 million annual budget. Finance records show that the Medi-Cal program pays more than $6 million a month for patient care at the Sonoma center.\u003c/p>\n\u003cp>The 90-member Office of Protective Services force was created decades ago to patrol California's five developmental centers, which are in Los Angeles, Tulare, Riverside, Orange and Sonoma counties. The facilities house about 1,600 patients, many of them so severely disabled they cannot speak.\u003c/p>\n\u003cp>In a report issued in August, state regulators repeatedly faulted the Office of Protective Services for inadequate investigations in alleged crimes against patients.\u003c/p>\n\u003cp>Since 2009, patients at developmental centers have accused their caregivers of sexual abuse 36 times. Documents show that patients suffered molestation, forced oral sex and vaginal lacerations, but the Office of Protective Services moved so slowly and ineffectively that predators stayed ahead of law enforcement or abused new victims.\u003c/p>\n\u003cp>Many the complaints of sexual abuse at the facilities have occurred at Sonoma. Twelve of the 36 abuse cases since 2009 – all identified by patients rights advocates as needing thorough investigation – occurred at Sonoma. In every case, the Office of Protective Services failed to order a sexual assault examination known as a rape kit, often the only way to gather physical evidence in sexual assault cases.\u003c/p>\n\u003cp>Statewide, the Office of Protective Services referred just three sex crime cases to county district attorneys for prosecution since 2009, said Leslie Morrison with Disability Rights California. In those cases, officers did not collect any physical evidence to determine whether crimes occurred. Just one of those cases led to an arrest.\u003c/p>\n\u003cp>Records show the Office of Investigative Services has failed to thoroughly investigate sexual assault cases at Sonoma for years. One of the most disturbing assaults involved a former patient named Jennifer who suffered from bipolar disorder and severe mental retardation.\u003c/p>\n\u003cp>In 2006, caregivers at the Sonoma center found bruises shaped like handprints covering Jennifer's breasts, suggesting an assault. She accused a staff member of molestation, but the Office of Protective Services opened an investigation without ordering a rape kit examination.\u003c/p>\n\u003cp>A few months later, Jennifer was pregnant. By then, her alleged attacker had fled the country.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In another case from early 2000, a female patient at the Sonoma center accused a male caregiver of sexually assaulting her during a bath. The institution then assigned two men to bathe the patient, even though the facility employed many female caregivers. Both caregivers allegedly raped her during bathing. Police made no arrests in the case.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/82894/state-threatens-to-shut-down-disability-center-amid-patient-abuse","authors":["237"],"programs":["news_6944"],"categories":["news_18540","news_8"],"tags":["news_3144","news_3588"],"label":"news_6944"},"news_76370":{"type":"posts","id":"news_76370","meta":{"index":"posts_1591205157","site":"news","id":"76370","score":null,"sort":[1348161527000]},"guestAuthors":[],"slug":"release-of-uncensored-developmental-center-citations-ordered","title":"Release of Uncensored Developmental Center Citations Ordered","publishDate":1348161527,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>by Ryan Gabrielson, \u003ca href=\"http://californiawatch.org/dailyreport/release-uncensored-developmental-center-citations-ordered-18076\">California Watch\u003c/a>\u003c/p>\n\u003cp>A state court today ordered the California Department of Public Health to disclose uncensored copies of dozens of patient abuse cases at institutions for the developmentally disabled.\u003c/p>\n\u003cfigure id=\"attachment_76371\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/09/developmental-center.jpg\">\u003cimg class=\"size-medium wp-image-76371\" title=\"developmental center\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/09/developmental-center-300x169.jpg\" alt=\"\" width=\"300\" height=\"169\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Larry Ingraham holds a picket outside the Orange County District Attorney's Office in Santa Ana. Ingraham wants the office to open a homicide investigation into the 2007 death of his brother, Van. (Michael Montgomery/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003ca href=\"https://www.documentcloud.org/documents/435882-cir-v-cdph-order.html\" target=\"_blank\">The ruling came\u003c/a>in a lawsuit filed by the Center for Investigative Reporting in Sacramento County Superior Court in January, seeking citations issued to developmental centers in Los Angeles, Orange, Sonoma, Riverside, Tulare and Santa Clara counties.\u003c/p>\n\u003cp>Nearly 1,700 patients with cerebral palsy and profound intellectual disabilities live at the state’s board-and-care institutions. For decades, the public has been denied access to records detailing violations within the centers.\u003c/p>\n\u003cp>\u003ca href=\"http://cironline.org\" target=\"_blank\">CIR\u003c/a>, parent organization of California Watch, filed its request in May 2011, and the department responded by releasing 55 citations, totaling 169 pages. But the department blacked out \u003ca href=\"https://www.documentcloud.org/documents/282329-170004097-redacted.html\" target=\"_blank\">almost every word\u003c/a>. Thirty-five of the reports appear to involve abuse of patients, and the rest outline medical care and neglect violations from 2007 to mid-2011.\u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>More recently, the department has censored records detailing a 2009 \u003ca href=\"http://californiawatch.org/dailyreport/state-withholds-details-developmental-center-slaying-16458\" target=\"_blank\">homicide at the Fairview Developmental Center\u003c/a> and \u003ca href=\"http://californiawatch.org/public-safety/questions-surround-handling-taser-assaults-disabled-patients-17345\" target=\"_blank\">stun gun assaults\u003c/a>against a dozen patients at the Sonoma Developmental Center last year.\u003c/p>\n\u003cp>\u003cimg title=\"More...\" src=\"http://ww2.kqed.org/news/wp-includes/js/tinymce/plugins/wordpress/img/trans.gif\" alt=\"\">\u003c/p>\n\u003cp>The Department of Public Health contended that because medical services provided to the developmentally disabled are considered confidential, the reports had to be “aggressively redacted” before disclosure, lawyers for the state wrote.\u003c/p>\n\u003cp>Judge Timothy Frawley dismissed that reasoning in the order.\u003c/p>\n\u003cp>“Under (the department’s) construction, redacting factual information from the citation, the public knows a violation has occurred, but cannot ascertain how the violation occurred, whether it has been corrected, or whether it is likely to be repeated,” Frawley wrote. “The purpose of making the citation public is defeated.”\u003c/p>\n\u003cp>Lawyers for the Department of Public Health argued that two laws, the Lanterman-Petris-Short Act and Lanterman Developmental Disabilities Service Act, both prohibit release of information pertaining to services to center patients. Meanwhile, another law, the Long Term Care Act mandates that facilities post citations in a public place.\u003c/p>\n\u003cp>Frawley decided the public’s right to know about abuse within state institutions outweighs laws making such information confidential. In the order, he wrote, “the Legislature already has made the determination that disclosure of the citations does not constitute an unwarranted invasion of personal privacy.”\u003c/p>\n\u003cp>The reports detail incidents in which the centers did not protect patients from harm, failed to provide competent medical care or violated patients' rights. They do not include the names of patients or employees.\u003c/p>\n\u003cp>The department has 20 days to appeal the ruling or comply by releasing the complete citations; only patient names can be removed.\u003c/p>\n\u003cp>In a prepared statement today, the Department of Public Health said it “is in the process of evaluating the court’s ruling.”\u003c/p>\n\u003cp>Robert Rosenthal, CIR's executive director, said the ruling means critical information will be released that will serve \"the public interest and help insure that some of the most vulnerable people in our society will be protected and treated in an appropriate manner.\"\u003c/p>\n\u003cp>Duffy Carolan, of the law firm Davis Wright Tremaine, represented CIR in the lawsuit.\u003c/p>\n\u003cp>Information about developmental center violations has historically been hard to get. Oftentimes, even relatives of patients injured or killed at the facilities have been blocked from obtaining details. The Department of Public Health frequently censors reports it provides to Disability Rights California, a protection organization with legal rights to patient records.\u003c/p>\n\u003cp>In \u003ca href=\"http://californiawatch.org/broken-shield\" target=\"_blank\">a series of stories\u003c/a> this year, California Watch has reported that an in-house police force at the state’s institutions routinely fails to conduct basic police work, even when patients die under mysterious circumstances. In case after case, detectives and officers have delayed interviews with witnesses or suspects – if they have conducted interviews at all.\u003c/p>\n\u003cp>The force, called the Office of Protective Services, has also waited too long to collect evidence or secure crime scenes and has been accused of going easy on co-workers who care for the disabled.\u003c/p>\n\u003cp>The Department of Public Health licenses and regulates the centers. Another state agency, the Department of Developmental Services, operates the centers and oversees the police.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>State officials have pledged to upgrade criminal investigations and to better protect patients from abuse and neglect. However, the public has not been able to see the full scope of violations documented at the centers.\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1348161574,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":24,"wordCount":766},"headData":{"title":"Release of Uncensored Developmental Center Citations Ordered | KQED","description":"by Ryan Gabrielson, California Watch A state court today ordered the California Department of Public Health to disclose uncensored copies of dozens of patient abuse cases at institutions for the developmentally disabled. The ruling camein a lawsuit filed by the Center for Investigative Reporting in Sacramento County Superior Court in January, seeking citations issued to","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Release of Uncensored Developmental Center Citations Ordered","datePublished":"2012-09-20T17:18:47.000Z","dateModified":"2012-09-20T17:19:34.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"76370 http://ww2.kqed.org/news/?p=76370","disqusUrl":"https://ww2.kqed.org/news/2012/09/20/release-of-uncensored-developmental-center-citations-ordered/","disqusTitle":"Release of Uncensored Developmental Center Citations Ordered","path":"/news/76370/release-of-uncensored-developmental-center-citations-ordered","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>by Ryan Gabrielson, \u003ca href=\"http://californiawatch.org/dailyreport/release-uncensored-developmental-center-citations-ordered-18076\">California Watch\u003c/a>\u003c/p>\n\u003cp>A state court today ordered the California Department of Public Health to disclose uncensored copies of dozens of patient abuse cases at institutions for the developmentally disabled.\u003c/p>\n\u003cfigure id=\"attachment_76371\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/09/developmental-center.jpg\">\u003cimg class=\"size-medium wp-image-76371\" title=\"developmental center\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/09/developmental-center-300x169.jpg\" alt=\"\" width=\"300\" height=\"169\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Larry Ingraham holds a picket outside the Orange County District Attorney's Office in Santa Ana. Ingraham wants the office to open a homicide investigation into the 2007 death of his brother, Van. (Michael Montgomery/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003ca href=\"https://www.documentcloud.org/documents/435882-cir-v-cdph-order.html\" target=\"_blank\">The ruling came\u003c/a>in a lawsuit filed by the Center for Investigative Reporting in Sacramento County Superior Court in January, seeking citations issued to developmental centers in Los Angeles, Orange, Sonoma, Riverside, Tulare and Santa Clara counties.\u003c/p>\n\u003cp>Nearly 1,700 patients with cerebral palsy and profound intellectual disabilities live at the state’s board-and-care institutions. For decades, the public has been denied access to records detailing violations within the centers.\u003c/p>\n\u003cp>\u003ca href=\"http://cironline.org\" target=\"_blank\">CIR\u003c/a>, parent organization of California Watch, filed its request in May 2011, and the department responded by releasing 55 citations, totaling 169 pages. But the department blacked out \u003ca href=\"https://www.documentcloud.org/documents/282329-170004097-redacted.html\" target=\"_blank\">almost every word\u003c/a>. Thirty-five of the reports appear to involve abuse of patients, and the rest outline medical care and neglect violations from 2007 to mid-2011.\u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>More recently, the department has censored records detailing a 2009 \u003ca href=\"http://californiawatch.org/dailyreport/state-withholds-details-developmental-center-slaying-16458\" target=\"_blank\">homicide at the Fairview Developmental Center\u003c/a> and \u003ca href=\"http://californiawatch.org/public-safety/questions-surround-handling-taser-assaults-disabled-patients-17345\" target=\"_blank\">stun gun assaults\u003c/a>against a dozen patients at the Sonoma Developmental Center last year.\u003c/p>\n\u003cp>\u003cimg title=\"More...\" src=\"http://ww2.kqed.org/news/wp-includes/js/tinymce/plugins/wordpress/img/trans.gif\" alt=\"\">\u003c/p>\n\u003cp>The Department of Public Health contended that because medical services provided to the developmentally disabled are considered confidential, the reports had to be “aggressively redacted” before disclosure, lawyers for the state wrote.\u003c/p>\n\u003cp>Judge Timothy Frawley dismissed that reasoning in the order.\u003c/p>\n\u003cp>“Under (the department’s) construction, redacting factual information from the citation, the public knows a violation has occurred, but cannot ascertain how the violation occurred, whether it has been corrected, or whether it is likely to be repeated,” Frawley wrote. “The purpose of making the citation public is defeated.”\u003c/p>\n\u003cp>Lawyers for the Department of Public Health argued that two laws, the Lanterman-Petris-Short Act and Lanterman Developmental Disabilities Service Act, both prohibit release of information pertaining to services to center patients. Meanwhile, another law, the Long Term Care Act mandates that facilities post citations in a public place.\u003c/p>\n\u003cp>Frawley decided the public’s right to know about abuse within state institutions outweighs laws making such information confidential. In the order, he wrote, “the Legislature already has made the determination that disclosure of the citations does not constitute an unwarranted invasion of personal privacy.”\u003c/p>\n\u003cp>The reports detail incidents in which the centers did not protect patients from harm, failed to provide competent medical care or violated patients' rights. They do not include the names of patients or employees.\u003c/p>\n\u003cp>The department has 20 days to appeal the ruling or comply by releasing the complete citations; only patient names can be removed.\u003c/p>\n\u003cp>In a prepared statement today, the Department of Public Health said it “is in the process of evaluating the court’s ruling.”\u003c/p>\n\u003cp>Robert Rosenthal, CIR's executive director, said the ruling means critical information will be released that will serve \"the public interest and help insure that some of the most vulnerable people in our society will be protected and treated in an appropriate manner.\"\u003c/p>\n\u003cp>Duffy Carolan, of the law firm Davis Wright Tremaine, represented CIR in the lawsuit.\u003c/p>\n\u003cp>Information about developmental center violations has historically been hard to get. Oftentimes, even relatives of patients injured or killed at the facilities have been blocked from obtaining details. The Department of Public Health frequently censors reports it provides to Disability Rights California, a protection organization with legal rights to patient records.\u003c/p>\n\u003cp>In \u003ca href=\"http://californiawatch.org/broken-shield\" target=\"_blank\">a series of stories\u003c/a> this year, California Watch has reported that an in-house police force at the state’s institutions routinely fails to conduct basic police work, even when patients die under mysterious circumstances. In case after case, detectives and officers have delayed interviews with witnesses or suspects – if they have conducted interviews at all.\u003c/p>\n\u003cp>The force, called the Office of Protective Services, has also waited too long to collect evidence or secure crime scenes and has been accused of going easy on co-workers who care for the disabled.\u003c/p>\n\u003cp>The Department of Public Health licenses and regulates the centers. Another state agency, the Department of Developmental Services, operates the centers and oversees the police.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>State officials have pledged to upgrade criminal investigations and to better protect patients from abuse and neglect. However, the public has not been able to see the full scope of violations documented at the centers.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/76370/release-of-uncensored-developmental-center-citations-ordered","authors":["1338"],"programs":["news_6944"],"categories":["news_8"],"tags":["news_3144","news_830"],"label":"news_6944"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. 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Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.","airtime":"SUN 2pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.possible.fm/","meta":{"site":"news","source":"Possible"},"link":"/radio/program/possible","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/possible/id1677184070","spotify":"https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"}},"1a":{"id":"1a","title":"1A","info":"1A is home to the national conversation. 1A brings on great guests and frames the best debate in ways that make you think, share and engage.","airtime":"MON-THU 11pm-12am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/1a.jpg","officialWebsiteLink":"https://the1a.org/","meta":{"site":"news","source":"npr"},"link":"/radio/program/1a","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=1188724250&at=11l79Y&ct=nprdirectory","tuneIn":"https://tunein.com/radio/1A-p947376/","rss":"https://feeds.npr.org/510316/podcast.xml"}},"all-things-considered":{"id":"all-things-considered","title":"All Things Considered","info":"Every weekday, \u003cem>All Things Considered\u003c/em> hosts Robert Siegel, Audie Cornish, Ari Shapiro, and Kelly McEvers present the program's trademark mix of news, interviews, commentaries, reviews, and offbeat features. Michel Martin hosts on the weekends.","airtime":"MON-FRI 1pm-2pm, 4:30pm-6:30pm\u003cbr />SAT-SUN 5pm-6pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/All-Things-Considered-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.npr.org/programs/all-things-considered/","meta":{"site":"news","source":"npr"},"link":"/radio/program/all-things-considered"},"american-suburb-podcast":{"id":"american-suburb-podcast","title":"American Suburb: The Podcast","tagline":"The flip side of gentrification, told through one town","info":"Gentrification is changing cities across America, forcing people from neighborhoods they have long called home. Call them the displaced. Now those priced out of the Bay Area are looking for a better life in an unlikely place. American Suburb follows this migration to one California town along the Delta, 45 miles from San Francisco. But is this once sleepy suburb ready for them?","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/American-Suburb-Podcast-Tile-703x703-1.jpg","officialWebsiteLink":"/news/series/american-suburb-podcast","meta":{"site":"news","source":"kqed","order":"13"},"link":"/news/series/american-suburb-podcast/","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?mt=2&id=1287748328","tuneIn":"https://tunein.com/radio/American-Suburb-p1086805/","rss":"https://ww2.kqed.org/news/series/american-suburb-podcast/feed/podcast","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkMzMDExODgxNjA5"}},"baycurious":{"id":"baycurious","title":"Bay Curious","tagline":"Exploring the Bay Area, one question at a time","info":"KQED’s new podcast, Bay Curious, gets to the bottom of the mysteries — both profound and peculiar — that give the Bay Area its unique identity. And we’ll do it with your help! You ask the questions. You decide what Bay Curious investigates. And you join us on the journey to find the answers.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Bay-Curious-Podcast-Tile-703x703-1.jpg","imageAlt":"\"KQED Bay Curious","officialWebsiteLink":"/news/series/baycurious","meta":{"site":"news","source":"kqed","order":"4"},"link":"/podcasts/baycurious","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/bay-curious/id1172473406","npr":"https://www.npr.org/podcasts/500557090/bay-curious","rss":"https://ww2.kqed.org/news/category/bay-curious-podcast/feed/podcast","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93dzIua3FlZC5vcmcvbmV3cy9jYXRlZ29yeS9iYXktY3VyaW91cy1wb2RjYXN0L2ZlZWQvcG9kY2FzdA","stitcher":"https://www.stitcher.com/podcast/kqed/bay-curious","spotify":"https://open.spotify.com/show/6O76IdmhixfijmhTZLIJ8k"}},"bbc-world-service":{"id":"bbc-world-service","title":"BBC World Service","info":"The day's top stories from BBC News compiled twice daily in the week, once at weekends.","airtime":"MON-FRI 9pm-10pm, TUE-FRI 1am-2am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/BBC-World-Service-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.bbc.co.uk/sounds/play/live:bbc_world_service","meta":{"site":"news","source":"BBC World Service"},"link":"/radio/program/bbc-world-service","subscribe":{"apple":"https://itunes.apple.com/us/podcast/global-news-podcast/id135067274?mt=2","tuneIn":"https://tunein.com/radio/BBC-World-Service-p455581/","rss":"https://podcasts.files.bbci.co.uk/p02nq0gn.rss"}},"code-switch-life-kit":{"id":"code-switch-life-kit","title":"Code Switch / Life Kit","info":"\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />","airtime":"SUN 9pm-10pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Code-Switch-Life-Kit-Podcast-Tile-360x360-1.jpg","meta":{"site":"radio","source":"npr"},"link":"/radio/program/code-switch-life-kit","subscribe":{"apple":"https://podcasts.apple.com/podcast/1112190608?mt=2&at=11l79Y&ct=nprdirectory","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93d3cubnByLm9yZy9yc3MvcG9kY2FzdC5waHA_aWQ9NTEwMzEy","spotify":"https://open.spotify.com/show/3bExJ9JQpkwNhoHvaIIuyV","rss":"https://feeds.npr.org/510312/podcast.xml"}},"commonwealth-club":{"id":"commonwealth-club","title":"Commonwealth Club of California Podcast","info":"The Commonwealth Club of California is the nation's oldest and largest public affairs forum. 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