Watchdog seeks harsher penalties in wake of abuse at Choate
By BETH HUNDSDORFER
Capitol News Illinois
& MOLLY PARKER
Lee Enterprises Midwest
This article was produced for ProPublica’s Local Reporting Network in partnership with Lee Enterprises, along with Capitol News Illinois.
The watchdog for the Illinois Department of Human Services is seeking harsher penalties against health care workers who obstruct abuse and neglect investigations.
IDHS Inspector General Peter Neumer’s call to action comes on the heels of extensive reporting by Lee Enterprises, Capitol News Illinois and ProPublica last year that revealed a culture of abuse and cover-ups at Choate Mental Health and Developmental Center in rural southern Illinois. The news organizations detailed how uncooperative staff stymied the state’s ability to hold employees facing serious abuse allegations to account.
Specifically, Neumer is asking legislators for a change in law that would allow his office to report workers engaged in similar misconduct to an existing statewide registry. The move could bar those employees from working in the health care field in Illinois.
The Health Care Worker Registry monitors direct care aides, nursing assistants and other non-licensed health care officials; its database of professionals includes those who are barred from working with vulnerable populations. They may have been barred because of criminal records or if they have been found in an administrative proceeding to have engaged in financial exploitation, what is known as “egregious neglect” or physical and sexual abuse.
Under the current system, state workers who help their colleagues by lying to or misleading investigators can face termination if they’re caught, but findings against them can’t be reported to the registry. So short of criminal charges, which are rare, nothing would prevent them from going to work in another health care setting.
The Office of the Inspector General “regularly sees instances where facility or agency staff seek to protect each other from the consequences of their misconduct by remaining silent about what they witnessed or lying to protect their fellow employees,” Neumer wrote in a recently released annual report on his office’s work.
In a follow-up interview, Neumer said expanding his office’s authority would help deter employees from “engaging in cover-up behavior or code-of-silence activity if they were aware that by doing so they risked losing their employment and possibly their ability to work in the health care industry in Illinois.”
For the earlier stories, reporters combed hundreds of pages of records, identifying more than four dozen cases between 2015 and 2021 in which the OIG cited Choate employees for providing false statements to the office’s investigators; for failing to make a timely report in accordance with the law; and for other failures to follow department policy concerning reporting and investigating abuse and neglect allegations. The few Choate workers charged with obstruction of justice or official misconduct for interfering with an investigation have had their charges dropped or reduced.
One case involved a mental health technician caught on a 911 audio recording threatening to break a patient’s finger. Though other voices could also be heard on the 911 call that was accidentally placed via a smartwatch, the other workers present refused to identify the perpetrator. The county prosecutor declined to bring charges related to the threats on the 911 call, citing insufficient evidence.
IDHS did not dispute any of the news organizations’ previously reported findings, saying in a statement at the time that the agency requires employees to cooperate with administrative investigations and trains them on the importance of giving law enforcement complete and truthful information. This week, a spokesperson said that although the inspector general works independently, IDHS has closely monitored the situation at Choate, worked with the inspector general and governor to implement reform, and “looks forward to reviewing and working collaboratively with lawmakers and the OIG on any legislative solutions.”
In his report, Neumer cited the inability to issue a finding to the registry in a particularly egregious 2014 abuse case at Choate that the news organizations had highlighted. In that case, at least 48 hours passed before anyone at the facility reported abuse to authorities, though numerous workers later told state police investigators that the patient’s injuries were some of the worst they’d ever seen. Throughout the state police investigation, multiple employees coordinated their stories and lied about what happened and who witnessed it, according to state police records.
Three of those employees were charged with felony obstruction of justice and each later pleaded guilty to a misdemeanor for failing to report the abuse to authorities. But those workers remained on the state payroll for nearly eight years. Others who knew about the abuse but didn’t report it faced no penalties.
This fall, the inspector general issued findings against eight employees it said engaged in the cover-up and recommended firing those who still worked at the facility. The employees were dismissed, but the law only allowed the inspector general to report one worker to the registry, the person whom his office found had committed the abuse. As a result, nothing bars the other seven from working in other health care settings.
Neumer told the news organizations that his proposal defines “material obstruction” as withholding or altering documentation or recorded evidence; improperly influencing, threatening or impeding witness testimony; giving untruthful information during an interview; failing to cooperate in an OIG investigation and lying to law enforcement. Employees would not be punished for exercising their lawful right against self-incrimination in a criminal case, he said.
Legislators in the Illinois House and Senate toured Choate last year in the wake of the news organizations’ reports, and they have held private meetings about issues where legislative solutions may be needed.
A spokesperson for House Speaker Emanuel “Chris” Welch said he was “incredibly troubled” by the reports on Choate and is “closely reviewing” the inspector general’s recommendations.
At an unrelated news conference in September, Gov. J.B. Pritzker said that he had no plans to close Choate but would consider doing so if the facility was unable to improve safety conditions for patients. His spokesperson did not respond to specific questions about whether he believed the facility had since taken adequate steps to improve conditions.
In a statement issued last week, the spokesperson said that the governor worked with leaders at IDHS to implement reforms, and that he “looks forward to reviewing and working collaboratively with lawmakers and the OIG on any legislative solutions.”
Local News
Capacity crowd speaks out against Evergreen Park dispensary
Spread the loveBy Joe Boyle Additional chairs had to be brought out to seat an overflow crowd of Evergreen Park residents who attended a meeting April 15 regarding a proposed cannabis dispensary for the village. And many who were in attendance voiced their opposition to having a dispensary in Evergreen Park. Most of the people cited…
Countryside puts dog park on hold, will require leashes in two parks
Spread the loveBy Steve Metsch The city of Countryside has put on hold building a dog park, but canines and their owners are still in store for a treat. The city council has unanimously approved a plan to permit dogs in City Park and Countryside Park this year. Previously, they were not allowed in the…
Bridgeview approves auto repair shop
Spread the loveMoves up time for May 1 village board meeting By Steve Metsch Bridgeview is getting a new automotive repair shop. The village board at its April 17 matinee meeting approved a special use permit that will allow a repair shop at 9010 S. Beloit Ave. There was no discussion among trustees. The board…
Summit Fire Department blood drive draws a crowd
Spread the loveBy Carol McGowan The Summit Fire Department, along with the Village of Summit, and the Argo Summit Lions Club held a blood drive this past Saturday, and it drew a crowd that even impressed the American Red Cross. It took place from 9 a.m. until 2 p.m. with non-stop donors walking through the…
Hodgkins toasts village businesses
Spread the loveBy Carol McGowan Hodgkins Mayor Ernest Millsap and the Board of Trustees celebrated the village’s businesses at its annual Business Appreciation Breakfast on April 10. Over 100 people gathered at the Hodgkins Administration Center for a hearty breakfast hosted by the village. Representatives from many businesses that are located in or that work…
Pickleball courts coming to Palos Park
Spread the loveBy Jeff Vorva There will finally be outdoor pickleball in Palos Park. In a process that went longer than anticipated, the Palos Park Village Council was able give the green light to get a pickleball project started on the Village Green. The council voted April 8 to award the contract to U.S. Tennis…
First Secure Bank to host American Eagle gold coin sale
Spread the loveFrom staff reports First Secure Bank & Trust of Palos Hills announced its annual May sale of 1-ounce and ¼-ounce American Eagle Gold Coins, produced by the U.S. Mint, will take place from 10 a.m.to noon on Saturdays, May 4, May 11, May 18 and May 25. The sale will take place at…
Donate teddy bears to our local police
Spread the love. Peggy Zabicki Your correspondent in West Lawn 3633 W. 60th Place • (773) 504-9327 . Have you ever seen the 1955 movie The Night of the Hunter? The children in this movie show such bravery and acceptance in what life has thrown at them. They have to deal with unimaginable events and sadness. …
Boy Scouts collecting tattered flags for disposal
Spread the love. By Mary Stanek Your correspondent in Archer Heights and West Elsdon 3808 W. 57th Place • (773) 517-7796 . Goodbye April, hello May. Our American Flag, the symbol of our country, should always be treated with respect. But after bearing Chicago’s brutal winters and hot blazing summers along with being in the…
Neighbors
Oak Lawn trustee says village needs state grocery tax
Spread the loveBy Joe Boyle An Oak Lawn trustee said that Gov. J.B. Pritzker’s proposal to eliminate the state’s grocery tax will be costly for the village. Trustee William “Bud” Stalker (5th), accompanied by Mayor Terry Vorderer, recently returned from a fact-finding trip to Springfield where they learned more about the governor’s proposal to eliminate…
Palos Heights recognizes volunteers
Spread the loveBy Nuha Abdessalam Palos Heights handed out awards last week recognizing the services provided by volunteers through the years. The proclamations, which were read aloud during the city council meeting April 16, were a testament to the city’s volunteers and were handed out as part of Volunteer Recognition Week. Volunteers were cited for…
Boys Volleyball | Richards weathering struggles after run of success
Spread the loveBy Xavier Sanchez Correspondent After a tough weekend at the Smack Attack tournament, Richards got back into the win column with a two-set victory over Eisenhower in a South Suburban Red match. The Bulldogs made quick work of the Cardinals, winning 25-16, 25-15 on April 23 in Oak Lawn to snap a five-match…
SD218 puts on annual Arts Extravaganza
Spread the loveBy Kelly White The arts have become a major portion of the curriculum Community High School District 218. Showcasing those many talents, the Friends of CHSD 218’s Education Foundation proudly hosted its 15th annual Arts Extravaganza on April 5 at Eisenhower High School in Blue Island. “The Arts Extravaganza is a great event…
Gaming licenses to be tougher to get in Orland Park
Spread the loveBy Jeff Vorva It’s going to take longer to receive gaming licenses in Orland Park. The village board passed an ordinance April 15 that would allow table service businesses open at least 36 consecutive months to apply rather than the previous 18 months, and extended the probationary period to 18 months instead of…
Palos Park passes $16 million budget
Spread the loveBy Jeff Vorva The Palos Park Village Council approved the 2024-25 budget, which totals a little more than $16.3 million at the April 22 village council meeting. According to village documents, it represented an increase of a shade over $603,000 from last year. The village is expecting $13.4 million in revenue and $1.86…
Fire damages Al Bahaar Restaurant in Orland Park
Spread the loveFrom staff reports Orland Fire Protection District firefighters responded to a fire Monday evening at the Al Bahaar Restaurant, 39 Orland Square Dr. At first, restaurant owners suspected the fire alarm was triggered by a malfunction, but as firefighters inspected the restaurant to reset the fire alarm, they detected a burning smell. “What…
Year of growth | Evergreen Park enjoying inaugural boys volleyball season
Spread the loveBy Xavier Sanchez Correspondent After almost 70 years of existence as a high school, Evergreen Park finally has a boys volleyball team. The Mustangs are playing their inaugural season with a junior varsity squad, with some matches being played at the varsity level. Head coach Brian Zofkie is leading this group with assistant…
‘Brazen and cowardly’: Police, community outraged by officer’s slaying
Spread the love. By Tim Hadac Police and others across the Southwest Side reacted with outrage this week over the slaying of a Chicago Police officer in the early morning hours on Sunday. Officer Luis M. Huesca was shot to death on the street in the 3100 block of West 56th Street at 2:53 a.m.…