Improved BSDC reports crucial

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The complaints on the performance of consultant John McGee, hired to monitor progress in implementing a settlement agreement involving the Beatrice State Developmental Center, have risen to a crescendo.

Harshest was the comment from Jodi Fenner, director of the Division of Developmental Disabilities after McGee submitted his third report last week.

"I don't know if the man can read," she said. "We are dealing with consistent inaccuracies, and I'm a little fed up."

One might expect an adversarial reaction from Fenner, given that it is her division in the state Department of Health and Human Services that is the focus of McGee's report. The department has been under fire for repeated instances of neglect and abuse at the Beatrice center, and the federal government has withdrawn $25 million in funding.

But it's revealing that McGee seemingly has no defenders among those who closely follow his reports.

Sen. Steve Lathrop, chairman of the Legislature's special committee for BSDC, said, "I would say there is a style issue" that makes it difficult to understand how well the state is doing at BSDC.

Lathrop said that McGee's reports often include statements like 'the state has made significant progress in reducing the use of restraints," and then reports instances in which people were restrained. The reports don't tell senators whether the state is doing 50 percent better or 10 percent better, Lathrop said.

McGee's performance has been the target of criticism previously. Under the agreement signed July 2, 2008, McGee was to submit reports "at least every quarter." The report turned in this month was only his third. The delay prompted criticism from both Gov. Dave Heineman and Sen. Ben Nelson.

As the Journal Star editorial board said in June, McGee's performance has been baffling and disappointing.

An expert in the field, McGee was chosen with agreement from both state and federal officials. McGee has a contract of $294,434.48 to provide the reports. He has hired a team to help him follow progress at the Beatrice center and of those moved into community programs.

McGee said last week that he would not respond to the latest complaints. "I write the reports for the court," he said.

That's true, of course.

And it's up to the court to set standards for future reports that will be more valuable to all parties to the settlement agreement.

Accurate, comprehensive and timely reports from an independent monitor are a crucial part of the effort to ensure that state government improves its woefully inadequate services to developmentally disabled Nebraskans. The court should accept nothing less.

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