Counseling, fines
ordered in abuse cases6 caregivers plead guilty to
abusing their mental patients
State judges have ordered six people who mistreated developmentally disabled people under their care to undergo anger-management counseling and pay fines of $250 each.
The resolution of misdemeanor charges dating to 2001 came as the private agency that provides housing and care for more than 400 mentally retarded islanders has tightened its internal operations under scrutiny of state and federal agencies.
The former employees of programs operated by Arc in Hawaii were charged with endangering the welfare of an incompetent person. All six pleaded guilty in court appearances in the past four months, according to a release from the state Attorney General's Office.
The misdemeanor cases involved incidents in September and October 2001, said Deputy Attorney General Gary Senaga. He said actions that led to charges included hitting a client with the brush end of a broom, sitting on a client to discipline him, pushing a person backward to force him to sit down and throwing away the lunch of someone who was not listening.
None of the adult victims required medical attention.
The charges were filed early this year as allegations from former employees prompted investigation by state and federal agencies into the care facilities operated by Arc, formerly called the Association for Retarded Citizens.
Senaga said the charges were the result of co-workers reporting misconduct to Arc administration. He said other allegations involving potential felony charges were investigated but there was insufficient evidence to file charges.
Four Arc in Hawaii care homes for the mentally retarded were decertified in 2002 and earlier this year by the federal Center for Medicare and Medicaid Services.
"Things had become lax in Arc and in the overseeing agencies," said Executive Director Stephen Kula, who came to the agency in April from an administrative post with Hospice Hawaii.
He was chosen to replace Garrett Toguchi, who resigned after 10 years.
"Jointly, we got things back on track," Kula said. "We have a recovery plan that has been implemented for three months. We've got a lot of work to do, and we're right on budget. We have a cash-flow problem, but what nonprofit agency doesn't in these times?"
Kula said Arc in Hawaii employs 250 people and provides care for mentally disabled people on four levels: Seven care homes are designated as intermediate care facilities; nine are identified as "domiciliary," which are private residences with a maximum of five residents; four homes provide day care for clients who live with their own families; and four apartment buildings are for residents who are able to care for themselves.
Kula said Arc has 185 clients in residential care and 280 in daycare programs. Besides the federal agency, the Adult Protective Services division of the state Department of Human Services oversees the facilities.
The charges brought against the six former employees will be expunged from their records after a year under a deferred acceptance of plea arrangement because none of the victims suffered injuries or required medical attention, and none of the defendants had prior criminal records.
Yvette Poki, David Oclinaria, Bernadette Pule and Gloria Fuga pleaded guilty to single counts for incidents at an Ewa Beach home, which has since been closed by federal regulators.
Lizastarlene Mays-Cargo and Melvin Ho pleaded guilty this month for incidents in a Wahiawa daycare program.
