44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

REQUESTING THE DEPARTMENT OF HEALTH, THE HUMAN SERVICES DEPARTMENT AND THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO INSTITUTE A NO-TOLERANCE POLICY REGARDING ABUSE, NEGLECT, EXPLOITATION AND DISRESPECTFUL TREATMENT OF THE ELDERLY, THE DEVELOPMENTALLY DISABLED AND MEDICALLY FRAGILE CHILDREN WHO RESIDE OR ARE TREATED IN STATE CERTIFIED OR LICENSED PROGRAMS AND FACILITIES.

WHEREAS, the number of complaints to agencies involved with the care and treatment of the elderly, the developmentally disabled and medically fragile children has increased substantially; and

WHEREAS, the number of complaints to the office of the state long-term care ombudsman of the state agency on aging has increased from six thousand in 1997 to fifty thousand in 1998; and

WHEREAS, there are far too many occurrences of abuse, neglect, exploitation and disrespectful treatment of vulnerable populations in institutions and programs licensed or certified by the state; and

WHEREAS, the department of health, the human services department and the children, youth and families department have the authority to require that the institutions and programs that they administer, license or certify invoke a no- tolerance attitude regarding abuse, neglect, exploitation and disrespectful treatment of the elderly, the developmentally disabled and medically fragile children;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the department of health, the human services department and the children, youth and families department evaluate the institutions, programs and services under their supervision, or licensed or certified by the departments, to ensure that there is a no-tolerance policy for abuse, neglect, exploitation or disrespectful treatment of the elderly, the developmentally disabled and medically fragile children in effect in these institutions, programs and services; and

BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the secretary of health, the secretary of human services, the secretary of children, youth and families, the office of the state long-term care ombudsman and heads of the various institutions, programs and service providers that provide for the needs of the elderly, the developmentally disabled and medically fragile children.