WEBVTT 00:00:09.80 --> 00:00:12.80 Reba: By the mid 1980's, the state was making progress 00:00:12.80 --> 00:00:15.43 in the development of community services. 00:00:15.43 --> 00:00:18.00 Even with the Medicaid waiver in place, 00:00:18.00 --> 00:00:20.97 and the state legislature and commission on board, 00:00:20.97 --> 00:00:24.27 community provider agencies were few and far between. 00:00:24.27 --> 00:00:26.63 State leaders recognized it would take time 00:00:26.63 --> 00:00:30.23 and a lot of money to build the state's community programs. 00:00:30.23 --> 00:00:33.37 Jean: We got some statistics from some national researchers, 00:00:33.37 --> 00:00:36.30 and Oklahoma had done more to develop 00:00:36.30 --> 00:00:40.43 community services in that three or four year period 00:00:40.43 --> 00:00:43.87 than any state ever had done in that period of time, 00:00:43.87 --> 00:00:46.90 and we started from nothing. 00:00:46.90 --> 00:00:49.20 Reba: By that time, problems had started brewing 00:00:49.20 --> 00:00:51.70 at the Hissom Memorial Center. 00:00:51.70 --> 00:00:53.60 A group of seven parents were unhappy 00:00:53.60 --> 00:00:57.30 about the quality of care their children were receiving, 00:00:57.30 --> 00:01:00.43 and reported their concerns to the department. 00:01:00.43 --> 00:01:03.03 At first they just wanted the problems fixed, 00:01:03.03 --> 00:01:05.77 but their demands soon turned into something more. 00:01:05.77 --> 00:01:09.27 They wanted their children to receive services in the community. 00:01:09.27 --> 00:01:12.73 Unfortunately, the service system was nowhere near ready 00:01:12.73 --> 00:01:16.40 to support the complicated physical and medical needs 00:01:16.40 --> 00:01:18.40 of many of the residents. 00:01:18.40 --> 00:01:21.60 The seven Hissom parents,along with other relatives 00:01:21.60 --> 00:01:24.27 and guardians, formed a nonprofit group 00:01:24.27 --> 00:01:28.57 and called themselvesHomeward Bound, Inc. 00:01:28.57 --> 00:01:32.33 Diana: From much of the media coverage, 00:01:32.33 --> 00:01:35.30 you heard about the seven parents 00:01:35.30 --> 00:01:38.97 who were very dissatisfied with services. 00:01:38.97 --> 00:01:41.97 And yet, there were huge numbers of parents 00:01:41.97 --> 00:01:45.17 that were not dissatisfied, 00:01:45.17 --> 00:01:51.13 or at least the dissatisfaction was minimal. 00:01:51.13 --> 00:01:55.43 Reba: In 1984,conditions at Hissom fell below federal standards. 00:01:55.43 --> 00:01:59.57 Medicaid officials threatened to cut off 25 million dollars 00:01:59.57 --> 00:02:03.97 in funds to Oklahoma, unless improvements were made. 00:02:03.97 --> 00:02:08.20 On May 2, 1985, theHomeward Bound group 00:02:08.20 --> 00:02:11.83 filed a federal class action lawsuit against Hissom 00:02:11.83 --> 00:02:14.00 and various state officials. 00:02:14.00 --> 00:02:17.70 Jean: The named plaintiffs were disappointed with 00:02:17.70 --> 00:02:21.97 the speed at which we were developing community services, 00:02:21.97 --> 00:02:25.43 and the array. And they did meet with us, 00:02:25.43 --> 00:02:28.63 and they just felt like our answer wasn't sufficient 00:02:28.63 --> 00:02:31.63 about what we were going to do. 00:02:31.63 --> 00:02:34.37 So, they did file a lawsuit, 00:02:34.37 --> 00:02:40.73 which I felt like was not the best way to achieve that end. 00:02:40.73 --> 00:02:43.50 I thought the state was working hard 00:02:43.50 --> 00:02:48.93 to do what needed to be done,and expanding services. 00:02:48.93 --> 00:02:52.73 I never questioned their impatience with us, 00:02:52.73 --> 00:02:56.10 but I didn't think that was the best way 00:02:56.10 --> 00:02:59.27 to get where we wanted to go. 00:02:59.27 --> 00:03:02.43 George: Getting a plan in place,and making it operational, 00:03:02.43 --> 00:03:05.70 are two different things, and it just wasn't to the point yet 00:03:05.70 --> 00:03:08.43 where we could take care of 450 clients 00:03:08.43 --> 00:03:13.23 coming out of that center in Sand Springs. 00:03:13.23 --> 00:03:16.40 And, the lawsuit extended to people 00:03:16.40 --> 00:03:18.10 who may not have been there at the time, 00:03:18.10 --> 00:03:20.57 but had been there at one time or another in their life. 00:03:20.57 --> 00:03:26.27 So that expanded the number of people that we had to serve tremendously, 00:03:26.27 --> 00:03:28.43 and we just didn't have the resources. 00:03:28.43 --> 00:03:30.47 We didn't have the group homes, 00:03:30.47 --> 00:03:32.57 we didn't have the trained staff, 00:03:32.57 --> 00:03:35.63 we didn't have all that stuff in place that we needed to 00:03:35.63 --> 00:03:38.57 when all this pressure was on us to get it done. 00:03:38.57 --> 00:03:41.53 Diana: When the court case was filed and it became public 00:03:41.53 --> 00:03:44.43 and we started reading about allegations in the newspaper, 00:03:44.43 --> 00:03:48.97 I think at one time murder was even one of the allegations. 00:03:48.97 --> 00:03:53.20 There was significant allegations about neglect and abuse, 00:03:53.20 --> 00:04:00.17 and most of the parents were dumbfounded at those allegations. 00:04:00.17 --> 00:04:05.43 But I don't think any of us believed those allegations. 00:04:05.43 --> 00:04:09.60 I would wager that 85percent of the parents 00:04:09.60 --> 00:04:14.20 saw their children progress,rather than regress. 00:04:14.20 --> 00:04:16.93 Of course, as the court case went on, 00:04:16.93 --> 00:04:21.93 we realized some of those things apparently were true. 00:04:21.93 --> 00:04:23.80 Reba: The department eventually enlisted 00:04:23.80 --> 00:04:27.07 the representation of the stateAttorney General's office 00:04:27.07 --> 00:04:29.57 to handle the lawsuit. 00:04:29.57 --> 00:04:33.77 Mark: There were opportunities to settle that lawsuit 00:04:33.77 --> 00:04:36.87 before it ever was filed. 00:04:36.87 --> 00:04:40.60 The families that came to the department 00:04:40.60 --> 00:04:45.57 and had their grievances,many of their grievances 00:04:45.57 --> 00:04:49.77 had to do with the quality of services that were 00:04:49.77 --> 00:04:52.57 being provided at Hissom at the time. 00:04:52.57 --> 00:04:55.90 Others were that people wanted community services. 00:04:55.90 --> 00:04:59.00 They wanted to leave the facility, and they wanted 00:04:59.00 --> 00:05:02.53 the state to assist them in making that happen. 00:05:02.53 --> 00:05:04.27 Diana: When the original court case was filed, 00:05:04.27 --> 00:05:06.47 and the seven parents filed it, 00:05:06.47 --> 00:05:09.77 I think that the majority of us absolutely believed 00:05:09.77 --> 00:05:14.40 that it would never involve our children; 00:05:14.40 --> 00:05:17.20 that that had to do with those seven parents 00:05:17.20 --> 00:05:21.37 and whatever individually had happened to their children, 00:05:21.37 --> 00:05:23.83 and wasn't going to have anything to do with us. 00:05:23.83 --> 00:05:28.53 And I guess now in retrospect,it's the classic case of denial. 00:05:28.53 --> 00:05:31.73 No, they would never involve all of our children, 00:05:31.73 --> 00:05:35.53 and no, they would certainly never close the institution. 00:05:35.53 --> 00:05:37.93 I mean, this was the state. 00:05:37.93 --> 00:05:41.73 And one of the reasons that many of us 00:05:41.73 --> 00:05:44.53 placed our children with the state was because 00:05:44.53 --> 00:05:47.40 we felt it was the one secure thing, 00:05:47.40 --> 00:05:51.77 that if something did happen to us, the state would be there. 00:05:51.77 --> 00:05:59.47 The state would take care of our family members. 00:05:59.47 --> 00:06:01.57 Reba: On July 24th, 1987, 00:06:01.57 --> 00:06:04.67 after a long and rigorous trial in federal court, 00:06:04.67 --> 00:06:08.60 U.S. District JudgeJames O. Ellison ruled 00:06:08.60 --> 00:06:12.67 that Hissom be closed, and all of its 420 residents 00:06:12.67 --> 00:06:16.30 moved into community settings. 00:06:16.30 --> 00:06:18.63 Diana: Primary emotion from the parents 00:06:18.63 --> 00:06:21.80 at the time when we finally got the verdict, 00:06:21.80 --> 00:06:26.53 the decree that Hissom would close, was absolute fear, 00:06:26.53 --> 00:06:28.70 because there were no systems in place. 00:06:28.70 --> 00:06:32.63 There was nothing that we could go and see. 00:06:32.63 --> 00:06:37.07 I likened it to the day David walked down the hall. 00:06:37.07 --> 00:06:39.33 I didn't know where he was going to be. 00:06:39.33 --> 00:06:43.40 So all of us as parents were eager to have 00:06:43.40 --> 00:06:48.23 community based services in our area developed. 00:06:48.23 --> 00:06:51.30 But we didn't want to be forced. 00:06:51.30 --> 00:06:55.60 Reba: In 1988, the state appealed the court's order to close Hissom. 00:06:55.60 --> 00:06:58.53 During the appeals, the state started moving Hissom residents 00:06:58.53 --> 00:07:02.57 into their own homes, or the homes of relatives. 00:07:02.57 --> 00:07:06.80 On February 1, 1990, the state agreed to end the appeals 00:07:06.80 --> 00:07:10.37 and enter a mutual consent decree. 00:07:10.37 --> 00:07:13.17 The decree set anOctober 1994 deadline 00:07:13.17 --> 00:07:15.57 for moving the remaining residents. 00:07:15.57 --> 00:07:18.03 Judge Ellison then appointed three professionals 00:07:18.03 --> 00:07:21.80 to a review panel to oversee the closing of Hissom, 00:07:21.80 --> 00:07:25.43 and the state's compliance with the consent decree. 00:07:25.43 --> 00:07:29.77 By 1988, Jean Cooper saw that most of the community services 00:07:29.77 --> 00:07:32.33 was going to go to one group of people: 00:07:32.33 --> 00:07:34.77 the Hissom class members. 00:07:34.77 --> 00:07:38.03 Jean: One of my biggest concerns, always, when I came 00:07:38.03 --> 00:07:44.10 was that we provide whatever improvements to everybody; 00:07:44.10 --> 00:07:47.87 that we couldn't leave any one group behind. 00:07:47.87 --> 00:07:49.63 And the way I described it to the court was, 00:07:49.63 --> 00:07:53.47 I didn't think we should create two classes of retarded citizens. 00:07:53.47 --> 00:07:56.73 I felt like everybody had to come along. 00:07:56.73 --> 00:07:59.13 So, in our last plan that we presented to the court, 00:07:59.13 --> 00:08:03.87 what we said was we'll take a look at the whole level of disabilities, 00:08:03.87 --> 00:08:07.43 and we will proportionately serve everybody. 00:08:07.43 --> 00:08:11.43 So if there were clients with more disabilities than others, 00:08:11.43 --> 00:08:14.63 whatever percentage of that group, we'd serve that group. 00:08:14.63 --> 00:08:17.93 And so, we tried to make it universally true, 00:08:17.93 --> 00:08:21.00 that every handicapping condition was served, 00:08:21.00 --> 00:08:23.50 every level of mental retardation was served, 00:08:23.50 --> 00:08:27.33 every part of the state was served. 00:08:27.33 --> 00:08:30.87 We ended up with a lawsuit and a consent decree 00:08:30.87 --> 00:08:34.73 that says we're going to abandon that plan, 00:08:34.73 --> 00:08:36.87 we're not going to listen to that plan anymore. 00:08:36.87 --> 00:08:39.90 We're going to deal with Hissom. 00:08:39.90 --> 00:08:46.37 Then I just said I couldn't continue under those circumstances. 00:08:46.37 --> 00:08:49.83 George: Another person that was extremely instrumental 00:08:49.83 --> 00:08:53.80 was Deborah Rothe. Deborah Rothe was an old time, 00:08:53.80 --> 00:08:57.17 long time, social worker with a master's degree 00:08:57.17 --> 00:08:59.43 and years and years of experience, 00:08:59.43 --> 00:09:05.10 who really was concerned about the well-being of children. 00:09:05.10 --> 00:09:07.37 Reba: After Cooper left, Rothe was brought in 00:09:07.37 --> 00:09:11.40 to run the developmental disability services division. 00:09:11.40 --> 00:09:14.00 George: Phil Watson assigned her to go to Hissom 00:09:14.00 --> 00:09:18.13 and be the person that closed the thing down, 00:09:18.13 --> 00:09:22.10 and she did a great job in getting that thing wound down 00:09:22.10 --> 00:09:28.03 without a whole lot of hassle.She deserves a lot of credit. 00:09:28.03 --> 00:09:30.10 Reba: After Rothe went to manage Hissom, 00:09:30.10 --> 00:09:33.60 the department brought in Eranell McIntosh-Wilson. 00:09:33.60 --> 00:09:36.90 Wilson was the director of an institution in Alabama, 00:09:36.90 --> 00:09:41.27 who had previous experience with a similar lawsuit in Michigan. 00:09:41.27 --> 00:09:45.17 George: Eranell was extremely professional 00:09:45.17 --> 00:09:46.93 and extremely knowledgeable. 00:09:46.93 --> 00:09:49.10 She stepped on a few toes along the way, 00:09:49.10 --> 00:09:51.07 but she got the job done. 00:09:51.07 --> 00:09:53.10 Reba: During Wilson's tenure in Oklahoma, 00:09:53.10 --> 00:09:54.97 the state continued to develop and expand 00:09:54.97 --> 00:09:57.77 its community service systems statewide. 00:09:57.77 --> 00:10:01.33 As with all growth and change,there are growing pains, 00:10:01.33 --> 00:10:04.07 and building the community service system in Oklahoma 00:10:04.07 --> 00:10:06.50 proved to be painful and expensive. 00:10:06.50 --> 00:10:11.23 Mark: When the consent decree was approved by the court in 1990, 00:10:11.23 --> 00:10:17.27 there was not the significant investment in resources 00:10:17.27 --> 00:10:19.30 to community based services. 00:10:19.30 --> 00:10:25.03 The lawsuit provided the initiative to develop those services. 00:10:25.03 --> 00:10:28.03 The department, in each of its annual requests 00:10:28.03 --> 00:10:31.27 in the legislature and each of its annual appropriations, 00:10:31.27 --> 00:10:35.67 recognized that funding this lawsuit was going to be expensive, 00:10:35.67 --> 00:10:40.13 so there were unprecedented expenditures of public funds 00:10:40.13 --> 00:10:43.40 to make this happen. 00:10:43.40 --> 00:10:46.93 Reba: By 1991, costs associated with the lawsuit grew so 00:10:46.93 --> 00:10:50.93 rapidly, for such a small number of people being served, 00:10:50.93 --> 00:10:55.57 that it caused the legislature and others to begin asking questions. 00:10:55.57 --> 00:10:58.30 Senate joint resolution16 was passed 00:10:58.30 --> 00:11:00.87 to create a joint legislative committee 00:11:00.87 --> 00:11:04.77 to investigate Hissom lawsuit management and spending. 00:11:04.77 --> 00:11:06.20 Howard: I was one of the members of that. 00:11:06.20 --> 00:11:09.07 It was chaired by Senator Rosell from Tahlequah. 00:11:09.07 --> 00:11:12.60 I think the main thing that was a concern then 00:11:12.60 --> 00:11:17.10 was the cost per placement was so extreme. 00:11:17.10 --> 00:11:19.03 Several hundred thousand dollars per person. 00:11:19.03 --> 00:11:21.90 There were all these rampant costs, all these legal fees. 00:11:21.90 --> 00:11:27.90 And in hindsight, all change requires extra resources, 00:11:27.90 --> 00:11:31.57 but when you're in the middle of paying for all that change, 00:11:31.57 --> 00:11:35.30 you don't see very many people getting much benefit for it, 00:11:35.30 --> 00:11:36.70 you say "Man, why are we spending all this much money 00:11:36.70 --> 00:11:41.53 for one or two or three people, or a few people?" 00:11:41.53 --> 00:11:43.70 Reba: On May 15, 1991, 00:11:43.70 --> 00:11:46.70 after just two years and nine months in Oklahoma, 00:11:46.70 --> 00:11:50.70 Eranell McIntosh-Wilson resigned and left the state. 00:11:50.70 --> 00:11:53.27 George: And then when she left, 00:11:53.27 --> 00:11:57.03 we were very fortunate to have Jim Nicholson available. 00:11:57.03 --> 00:12:01.13 Reba: Nicholson was the right man at the right time. 00:12:01.13 --> 00:12:03.80 Jim: When I became division administrator, 00:12:03.80 --> 00:12:08.03 acting division administrator in May of 1991, 00:12:08.03 --> 00:12:12.80 my predecessor managed through fear and intimidation. 00:12:12.80 --> 00:12:15.43 People didn't talk to each other, 00:12:15.43 --> 00:12:19.07 no one in the state office had met anyone connected 00:12:19.07 --> 00:12:24.33 to the court, the review panel,or the plaintiff's attorneys. 00:12:24.33 --> 00:12:27.57 First monthly meeting that I had with them, 00:12:27.57 --> 00:12:30.60 we got a 15 passenger van from the motor pool 00:12:30.60 --> 00:12:33.43 and loaded up all of the program staff 00:12:33.43 --> 00:12:36.73 and took everybody to Tulsa to meet the review panel 00:12:36.73 --> 00:12:39.10 so they could put names with faces, 00:12:39.10 --> 00:12:42.83 and we basically opened up all the communication. 00:12:42.83 --> 00:12:45.50 Because the review panel had a great deal of expertise 00:12:45.50 --> 00:12:48.47 in a lot of the areas they were causing us difficulty. 00:12:48.47 --> 00:12:51.10 We were very fortunate in that we had Deborah Rothe 00:12:51.10 --> 00:12:54.33 at the Hissom Memorial Center as the superintendent, 00:12:54.33 --> 00:12:58.30 and Joanne Goin as the area manager in Tulsa. 00:12:58.30 --> 00:13:02.27 And they really pressed case managers 00:13:02.27 --> 00:13:06.07 and the facility staff to get people placed. 00:13:06.07 --> 00:13:08.73 Reba: DHS continued to place the Hissom residents 00:13:08.73 --> 00:13:11.20 in communities all around the state. 00:13:11.20 --> 00:13:15.23 The last resident moved out on April 22, 1994, 00:13:15.23 --> 00:13:20.00 and on May 2nd, state officials declared the institution closed, 00:13:20.00 --> 00:13:23.80 five months ahead of the court's deadline. 00:13:23.80 --> 00:13:27.60 Mark: Well, from my perspective,the lawsuit did provide 00:13:27.60 --> 00:13:31.43 the impetus for developing community based services 00:13:31.43 --> 00:13:33.70 over a large geographical area. 00:13:33.70 --> 00:13:36.90 Although the Hissom MemorialCenter was in Sand Springs, 00:13:36.90 --> 00:13:39.03 many of the class members chose to live 00:13:39.03 --> 00:13:41.30 in a variety of different communities. 00:13:41.30 --> 00:13:46.10 And so, in order to accommodate their wish, or the wish 00:13:46.10 --> 00:13:49.13 of their families, for the place where they would live, 00:13:49.13 --> 00:13:53.30 it required the development of a network of providers 00:13:53.30 --> 00:13:55.87 that pretty much covered the entire state, 00:13:55.87 --> 00:13:57.93 not just the greater Tulsa area. 00:13:57.93 --> 00:14:02.53 So what might've begun with just a handful of providers, 00:14:02.53 --> 00:14:06.40 by necessity became dozens and dozens of providers 00:14:06.40 --> 00:14:10.13 willing to serve people in a variety of communities, 00:14:10.13 --> 00:14:13.33 large and small,anyplace in the state. 00:14:13.33 --> 00:14:15.20 Reba: Following the closure of Hissom, 00:14:15.20 --> 00:14:18.07 the Homeward Bound panel continued to have great influence, 00:14:18.07 --> 00:14:20.33 not only over the class, 00:14:20.33 --> 00:14:23.57 but also the state's community service system. 00:14:23.57 --> 00:14:27.17 In 1998, the state petitioned the court for an end 00:14:27.17 --> 00:14:31.47 to the consent decree and active court supervision. 00:14:31.47 --> 00:14:34.37 It would be another six years and three more hearings 00:14:34.37 --> 00:14:35.90 before the court finally ruled 00:14:35.90 --> 00:14:39.87 that the state was insubstantial compliance. 00:14:39.87 --> 00:14:43.53 Mark: Eventually the court had ruled 00:14:43.53 --> 00:14:46.33 that the consent decree had been implemented, 00:14:46.33 --> 00:14:51.93 issued a permanent injunction that was approved by the court, 00:14:51.93 --> 00:14:56.17 and that in effect ended the litigation. 00:14:56.17 --> 00:14:58.83 Reba: The order came on February 1, 2005, 00:14:58.83 --> 00:15:01.50 nearly twenty years after the suit was filed. 00:15:01.50 --> 00:15:04.57 Although the plaintiffs would file one last appeal, 00:15:04.57 --> 00:15:07.63 the long legal struggle was essentially over. 00:15:07.63 --> 00:15:10.83 The Homeward Bound lawsuit was undeniably the force 00:15:10.83 --> 00:15:14.17 behind the state of Oklahoma to develop and expand 00:15:14.17 --> 00:15:18.77 its community service system in just a few short years. 00:15:18.77 --> 00:15:21.63 But there was a price for that speed. 00:15:21.63 --> 00:15:24.17 In addition to millions of state dollars 00:15:24.17 --> 00:15:26.37 invested in the service program, 00:15:26.37 --> 00:15:29.93 the state spent more than twelve million dollars in legal 00:15:29.93 --> 00:15:35.60 and court fees over the course of the twenty year litigation. 00:15:35.60 --> 00:15:44.13 Mark: Now looking back after nineteen years of vigorous litigation, 00:15:44.13 --> 00:15:49.70 that's something that I think everyone can learn from. 00:15:49.70 --> 00:15:51.73 We're in the people business, 00:15:51.73 --> 00:15:57.40 and we're here to use public funds in a responsible way 00:15:57.40 --> 00:16:02.77 to address needs of families and individuals. 00:16:02.77 --> 00:16:05.23 One can only speculate as to whether or not 00:16:05.23 --> 00:16:11.77 the lawsuit would've been necessary if in 1985 00:16:11.77 --> 00:16:15.97 the state had been in a position to be a little bit more responsive 00:16:15.97 --> 00:16:19.30 to those requests fora new way of looking at 00:16:19.30 --> 00:16:22.33 caring for people with disabilities. 00:16:22.33 --> 00:16:25.87 George: As time goes on, they would've moved in that direction, 00:16:25.87 --> 00:16:27.80 there's no doubt about that. 00:16:27.80 --> 00:16:31.50 And we would've done it without so much trauma, 00:16:31.50 --> 00:16:35.23 and without so much expense. 00:16:35.23 --> 00:16:39.50 Diana: People will choose what's best for their children. 00:16:39.50 --> 00:16:43.90 They will. And if they have a chance to see, 00:16:43.90 --> 00:16:51.97 instead of being forced, the level of terror - true terror - 00:16:51.97 --> 00:16:54.20 wouldn't have been there I think. 00:16:54.20 --> 00:16:56.03 Now, would we have had it accomplished 00:16:56.03 --> 00:17:00.37 in the amount of time that we did? No, certainly not. 00:17:00.37 --> 00:17:03.67 Mark: The main success of Homeward Bound 00:17:03.67 --> 00:17:07.13 is that there is truly an option; 00:17:07.13 --> 00:17:11.10 that people do not have to live in a congregated setting 00:17:11.10 --> 00:17:13.10 based upon their disability, 00:17:13.10 --> 00:17:15.83 but have the same opportunities as everyone else 00:17:15.83 --> 00:17:20.03 to live fulfilled lives amongst friends, amongst family. 00:17:20.03 --> 00:17:21.60 And that's what this lawsuit did. 00:17:21.60 --> 00:17:25.63 It said you don't have to live on the banks 00:17:25.63 --> 00:17:28.00 of the Arkansas River in Sand Springs. 00:17:28.00 --> 00:17:29.43 You can live where you want to, 00:17:29.43 --> 00:17:33.13 and where you're close to your family and your friends. 00:17:33.13 --> 00:17:38.07 I think that's the main result of the litigation.