“Until a bill is passed, Montanans are at risk. It is that simple,” Montana State Budget Director Dan Villa told a senate committee March 29. The bill at issue was House Bill 387 sponsored by Montana City Republican Rep. Kirk Wagoner. The bill would extend some operations at the Montana Developmental Center for up to two years and also create a 12-bed Intensive Behavior Center (IBC).
Noting that a bill passed in the 2015 Legislative Session, SB 411, has closed down admissions to the MDC, leaving no crisis intervention service for Montanans with developmental disabilities, Wagoner told the Senate Public Health, Welfare and Safety Committee, “This is a piece that was needed three months ago, six months ago. There are people waiting.”
The elimination of admissions to the MDC means the state has no ability to accept clients court-ordered into services. In addition, roughly two dozen clients remain at the MDC, not yet accepted by private community providers, said Wagoner. Until placements can be found, those clients need somewhere to be beyond the June 30 final closure deadline set in SB 411.
Speaking against the bill, opponents, mostly from Disability Rights Montana (DRM), said they support extending MDC services while placements continue but not the creation of the IBC. More time is needed to transition all MDC clients appropriately and safely, said Bernadette Franks-Ongoy, DRM. But “establishing this 12-bed crisis center is premature,” and fiscally irresponsible, she said. She advocated a study of the needs for crisis services across the state instead.
Beth Brenneman, staff attorney for DRM, said the transitioning of clients out of the MDC has thus far been “a really tremendous success.” In support of that, the mother of a former MDC client said her daughter was once considered one of the most challenging clients at the MDC and was abused. Now she is flourishing in an out-of-state placement where she is the only client in the facility, said the mother.
On the other side of the debate, two relatives of MDC clients testified in favor of the bill. Their children need the services they receive in Boulder, they said. “This is a very difficult part of the population, and we’re never going to have a perfect solution,” said Carol Dailey, noting that her son has been sent out to community placements that have not been able to handle his issues. “A lot of private providers don’t want to take the most difficult clients,” she said.
Sandi Heine testified that the proposed closure of the MDC has been very hard on her brother, who has lived there since 1992 except for one failed placement. Since June of last year her brother has been more or less in limbo, she said, because a group home willing to take him does not have a proper therapist for his needs. Her brother feels safe at the MDC, because he has the freedom to travel within the MDC community, where he attends worship services and is involved in other activities. He will not have that freedom in a private provider setting she said.
Opponents of HB 387 said the primary reason remaining clients have not been moved out of the MDC is financial. Private providers cannot afford to pay caregivers well enough to keep sufficient trained staff, they said. Two bills aimed at increasing direct care wages are under consideration by the legislature. Opponents also said abuse and neglect that prompted the MDC closure decision continues. “There are real issues at that institution,” said Brenneman.
Summing up his bill, Wagoner said a longterm goal for the crisis center is to create services across the state, but for the services are needed somewhere. Saying the community of Boulder could have just allowed the closure to continue and let the clients wind up wherever they did, whether it is jail or the streets or somewhere else, Wagoner said the community cares about the people in need. With emotion in his voice, Wagoner said, “We as a community, I am proud of this, took the high road,” choosing to be sure the clients get the services they need. “It’s urgent,” he told the senate committee. “There are people waiting. We need to take care of them.”
