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At Elmcrest, Positive Change Is Born Of Andrew McClain's Death

By DWIGHT F. BLINT

This story ran in The Courant on October 15, 1998

PORTLAND

It is too late to help 11-year-old Andrew McClain.

But thanks to the bitter lessons of his death, one life has been saved and another has been improved.

Andrew, a state foster child, died in restraint in March at Elmcrest psychiatric hospital. Two months later, staffers who had just undergone state-ordered CPR training saved an adult patient whose heart was failing.

 

And because of improved record-keeping and monitoring required in a state consent order, workers noticed a child was at risk of dehydration and were prepared to treat the condition.

The incidents are described in reports filed by a state monitor. The monitor was assigned to oversee improvements at Elmcrest, a subsidiary of Hartford-based St. Francis Care, after state investigators found numerous license violations.

The monitor's records reflect major staffing and policy changes at Elmcrest in the six months since Andrew's death.

"None of this is going to bring him back," points out Andrew's mother, Lucinda McClain of Bridgeport. Nonetheless, McClain said, she is glad to hear changes might save other lives.

Unlike many similar cases, Andrew's death was extensively investigated by police and child welfare officials, whose findings were widely distributed.

The question now is whether Andrew's legacy will have a lasting impact. Will it improve the level of care not only at Elmcrest, but at every Connecticut facility that treats children?

Few comprehensive, statewide reforms have been put in place yet and even at Elmcrest, where state scrutiny remains intensive, questionable practices have persisted.

Linda Pearce Prestley, the state's child advocate, who harshly criticized Andrew's care in two reports this year, expects the improvements undertaken at Elmcrest to spread across Connecticut.

Records show Elmcrest has cut back on its use of restraint holds, workers now use a nationally recognized restraint technique, and regular, specialized restraint training has been put in place.

The hospital has increased the number of workers in each unit, while reducing the number of patients. It also has established a policy to call 911 immediately in an emergency, among other measures requested by Pearce Prestley and the state Child Fatality Review Board.

Yet no other facility in the state has been asked to ensure the same level of care, and at least two other comprehensive reforms have yet to come to fruition.

Department of Children and Families Commissioner Kristine D. Ragaglia recommended last spring that the state standardize restraint practices. A proposal has been drafted, but is still being reviewed by a variety of state agencies.

DCF has prohibited facilities from using face-down restraint holds -- the type that killed Andrew -- on all children who are in state custody. But a plan to broaden the ban to encompass all children in all state-licensed child-care facilities has yet to be put in place.

Despite the lack of progress on those fronts, DCF has intensified its oversight of psychiatric hospitals and other service providers.

Dr. Gary Blau, director of DCF's bureau of quality management, said the agency reviewed 25 programs in the first six months of this year compared to five over the same period last year.

DCF learned the hard way from the Andrew McClain case not to trust the existing system of oversight.

"To hear that a facility is licensed by the Department of Public Health, the federal government and [the Joint Commission on the Accreditation of Healthcare Organizations], I thought there was no reason for me to worry about the quality of programming," Ragaglia said.

"But I guess I was proven wrong."

After investigating Natchaug Hospital in Mansfield and Hall-Brooke Foundation in Westport last summer, for instance, DCF asked the facilities to stop accepting state foster children. Both programs were reinstated after making improvements.

"We're certainly showing much greater visibility in the psychiatric community than we ever had before," Blau said.

But DCF may be alone on that front.

Cynthia Denne, director of the division of health systems regulations for the Department of Public Health, said the circumstances surrounding Andrew's death have resulted in no policy changes at her agency.

The department now inspects psychiatric hospitals once every four years, and plans to maintain the status quo.

Currently, the health department is overseeing the state monitor stationed at Elmcrest. But state regulators will pull the monitor this fall if they determine the hospital is on the road to compliance.

At that point, Elmcrest will be forced to stay on track by its own "commitment to quality care," Denne said. She conceded that Elmcrest's changes, while significant, are not necessarily permanent.

And over time, strategies and philosophies can change.

After Andrew's death, Elmcrest and St. Francis Care kicked their public relations and legal teams into high gear. Company officials held press conferences and placed full-page newspaper advertisments promising to set "benchmarks for excellence."

But in recent weeks hospital officials declined requests for interviews and for a tour of Elmcrest, and they did not respond to a series of written questions submitted by The Courant. St. Francis issued a six-paragraph statement pointing out some of the changes it has made, and the appointment of Ronald LaPensee as Elmcrest's chief administrative officer.

St. Francis has cited potential litigation for its reluctance to comment. The potential became real this week when the estate of Andrew McClain served hospital officials with a lawsuit charging negligence and recklessness.

As this watershed case enters the court system, the care of thousands of other children will remain an issue. And for all the efforts made after Andrew's death, state records show the job of ensuring quality care is a continuing one.

On June 21, the monitor's records show, an Elmcrest staff member covered an 8-year-old boy's mouth with a glove during a restraint -- a practice condemned by experts. In the same incident, staffers delayed calling for help.

Afterward, the state monitor who had witnessed the event met with hospital administrators to devise new policies.

Bettering the care of troubled children has historically been a slow process, said Martha Stone, an attorney who helped lead a landmark 1989 lawsuit against the state on behalf of neglected children.

But Stone, director of the Center for Children's Advocacy at the University of Connecticut School of Law, is optimistic that Andrew did not die in vain. People are growing more aware, momentum is growing.

"I think," she said, "there is going to be some kind of legacy."

http://www.pcma.com/crisis_intervention_news/deadly_restraint/day5sid2.stm

 

 

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