Monday, July 9, 2012

DuPage judge orders state health chief to appear in court

State director hasn't turned over records

A DuPage County judge has ordered the state's highest-ranking public health official to appear in court to explain why he shouldn't be held in contempt for failing to turn over investigative records related to potential elder abuse.

Prosecutors asked Judge Kathryn Creswell on Tuesday to make the finding after representatives from the Illinois Department of Public Health failed to appear in court. Assistant State's Attorney Ken Tatarelis said the department has been essentially unresponsive to subpoenas issued as part of grand jury investigations into undisclosed allegations of abuse at three DuPage nursing homes.

“They responded, but their responses were, in a sense, nonresponsive to the information sought in the subpoenas,” he said.

Creswell ordered Illinois Department of Public Health Director LaMar Hasbrouck to appear in court July 26 and either provide the records or explain why his office has not complied with the subpoenas. If Hasbrouck is found to be in contempt of court, he could face a variety of penalties, from a fine to jail time.

Tatarelis said the records involve complaints about potential elder abuse at three unnamed nursing facilities. He said the state initially investigates any such reports, and prosecutors want records of those investigations.

Full Article and Source:
DuPage judge orders state health chief to appear in court

13 comments:

Sue said...

I have quite a story to tell about my experience with IDPH - I give them a grade of: F

Most at that department issue complaint numbers with no follow up because they can't do anything with serious complaints against Illinois hospitals because if they did find a problem, the only recourse would be to strip the offending hospital of it's ability to have patinets on MEDICARE - and that right there would close them down.

Now how many times have we heard this in the news?

In my area, the answer is: NEVER!!

And, the IDPH will tell you that the AOA that accredits hospitals will take complaints, follow up and take action - well, if the 'act' took place in Extended care Unit of the same facility, AOA has no authority - so here we are back at square one with the IDPH - it's a merry go round.

But beware IDPH I am documenting as I go through this where the informtion will end up only God knows.

Anonymous said...

It remains to be seen, how this plays out in court, or if thhere will be a concerted effort to suppress
elder abuse and exploitation.eb

Gloria jean sykes said...

THe departments of Illinois Public Health and Aging have a history of not disclosing complaints against nursing homes and appointed guardians of the elderly and disabled to protect the political elite from court sanctioned financial exploitation, emotional and medical abuses. I applaud the DuPage Judge and pray its not just an appearance of 'doing the right thing'. My mother Mary G. Sykes file a complaint with the Illinois Departmant On Aging in 2009 Feb against Carolyn Toerpe and appointed Catholic Charities to investigate: Catholic Charities then joined forces with Toerpe to obtain a guardianship and take control of Mary for further exploitation and financial gain. On her own, and with the suggestion of Chicago Police Senior Serices at the 16th District, Mary filed a petition for an order of Protection against Toerpe to stop her from taking control of her finances and property and with the support of Catholic Charities and Two Guardian ad Litem Cynthia Farenga and Adam Stern in August 2009 And without notice to my Mother, either one of her sisters or me, Toerpe then known financial exploiter and abuser was appointed Plenary Guardian and my mothers been isolated, drugged, and rendered a pauper by the same people who are suppose to protect her. Nursing homes and private homes of guardians are cancers that will continue to grow and kill our loved ones after they steal all their money unless they are stopped. This DuPage Judge has an opportunity to saves the lives of many elderly and disabeled if he does his job and follows the law. Meanwhile my mother is dying a slow, painful and likely death because the Illinois Department of Aging did do their job and *****

Norma said...

Illinois? They're paying attention in Illinois?

Karen said...

This will be interesting to follow. Thank you for posting.

Anonymous said...

APPLAUSE TO:

1) DuPage County Prosecutors!!!
2) Judge Kathryn Creswell!!!

People with the power to demand a response have spoken.

Now we will see how Illinois Department of Public Health Director LaMar Hasbrouck twists in the wind trying to worm his way out of this.

Could it be he actually looked at the files and found that the so called 'investigation' by IDPH fell way short of being according to proper procedure, investigation and follow up done correctly?

I have a feeling this is the case.

A person I know was badly injured 100% upper body bruising and broken ribs the conclusion is the elderly person did this to him/herself by flipping him/herself over the bed bars. Imagine that!

Sounds nuts? Well this is what is contained in the record sitting there waiting to be discovered.

The injured party did not do this to him/herself and:

1) more importantly ---- the injuries do not fit the 'cause' of injury and

2) the injured party is physically unable to perform the acrobatics that would be needed to injure him/herself as contained in the records.

Beware!

jerri said...

is lisa madigan advising idph head guy hasbrouck? why is he holding back from the court? this could be the beginning of other cases that were mishandled i get that feeling and my feelings are never wrong well not yet anyway illinois has a way of burying their problems literally and figuratively but in the end with vulnerable old folks bury is bury makes me sick so i have an exit strategy cause no way am i going to put myself in harms way and become another abuse case statistic

Anonymous said...

It will be interesting to see who the nursing home owners are, and whether they are a part of the predatory guardianship corruption in Cook County.

Speaking of Lisa Madign, what ever happened to "Operation Guardian" that Madigan launched, wherein she busted nursing home owners for housing homeless criminals in their for-profit Medicaid nursing homes? Seems the records have been sealed. Who is being protected and why? Is there a link to the 18th floor of the Daley center, or to her daddy's office in Springfield?

Anonymous said...

Anxious to see how this case proceeds.

Anonymous said...

Good questions Anon. We the people the taxpayers who pay their salaries, expenses, fringe benefits, health care and retirement package and so much more are taken to be chumps. Blame the voters for voting for the wrong people or we can just blame George Bush, sure why not? In this sorry state people vote for who is going to give them free stuff, free health care, free food stamps, free this and free that well it isn't free it's paid for by the working chumps and Crook County is the worst of the worst drop a dollar and stand back and they have their eyes on us so be prepared as jerri says better have an exit plan or someone else will for a hefty price of your hard earned money.

Anonymous said...

Another strategy used on the 18th floor in Crook County.... OBRA trusts...put the money in the OBRA to secure its sole use for attorneys and guardians' fees, while the ward is placed in a for-profit Medicaid nursing home owned by that same group of people previously under investigation by Madigan...until the records were sealed because of "something" that was stumbled onto....

Go to www.probatesharks.com

Check out the index on the right for articles on OBRAs.

Anonymous said...

Sneaky tricks OBRA special needs trusts, the special needs aren't for the beneficiary of the trust, the OBRA's feed the probate machine while we the chump taxpayers get the Medicaid bill if you think something stinks like dead fish you're right about that and it's getting worse and will get worse day by day until or unless those with authority come in and break up this racket.

Anonymous said...

I agree with you Anon the bag of tricks is getting bigger along with the haul of cash laughing all the way to the bank so true well cash is stashed off the records its so easy and all is based on honesty this would be laughable just seeing how this works but I'm not laughing how our elders are being used as a meat market this older generation sacrificed during the depression veterans and their wives are nothing more than meat to feed.