FOR IMMEDIATE RELEASE                                                    CR
WEDNESDAY, AUGUST 31, 1994                                   (202) 616-2765
                                                         TDD (202) 514-1888


      JUSTICE DEPARTMENT OBTAINS AGREEMENT FROM TENNESSEE TO CORRECT
                   FACILITY FOR DEVELOPMENTALLY DISABLED


     WASHINGTON, D.C. -- The state of Tennessee has agreed to
remedy the substandard life-threatening conditions at the
Arlington Developmental Center, under a remedial order filed
today in federal court by both the state and the Justice
Department.
     In November 1993, the U.S. District Court in Memphis, ruled
that the Arlington Center failed to provide even minimal care to
its more than 400 developmentally disabled residents.  It stated
that substandard care at the facility, located outside Memphis,
"resulted in deaths that were entirely preventable." The ruling
came after a lengthy trial in which Justice Department experts,
former employees of the Center and family members of residents
testified about the abuse and neglect suffered by the Center's
residents. 
     "We remain committed to ensuring that the rights of citizens
with developmental disabilities living in state institutions are
protected," said the Justice Department's Assistant Attorney
General for Civil Rights Deval L. Patrick.
     Under the remedial order, the state commits to making a
number of systemic changes to ensure that the residents of the
Center are protected from harm and, where appropriate, are placed
in more home-like settings in the community.  The order also
requires the state to:
    hire investigators and train and deploy staff to ensure that
     residents are protected from abuse, mistreatment and
     neglect;

    institute safeguards to prevent inappropriate use of drugs
     and physical restraints, as well as unsafe feeding and
     physical therapy practices;

    hire a sufficient number of adequately trained nurses, 
     physicians, psychologists, physical therapists and other    
     professional staff to provide adequate care;

    train staff to feed and care for residents properly, and
     conduct reviews to determine whether any staff should
     continue to be employed at the facility;

    comply with the federal Individuals with Disabilities
     Education Act and applicable Tennessee law regarding the
     education of school-age children residing at the Center;

    place appropriate individuals in community-based homes and
     ensure that their individual needs are met there, giving
     priority to the placement of children and effectively
     reducing the population of the facility to 200 persons or
     fewer by September 30, 1997.


     The remedial order also provides for oversight of the
facility by a court-appointed monitor and permits the Justice
Department to inspect and ensure compliance with the order.
     The Court has not yet ruled on the Justice Department's
request that the state be held in contempt for not complying with
the Court's initial order issued in November 1993.  
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