IR13 — How to Make a Complaint About Residential Mental Retardation Services

May, 1995

This handout tells you about the complaint process in state schools and state centers operated by the Texas Department of Mental Health and Mental Retardation (TDMHMR), in homes operated by or under contract with Community Mental Health and Mental Retardation (MHMR) Centers, and in Intermediate Care Facilities for Mental Retardation (ICFs-MR) or a related condition. If you are receiving residential services in one of these facilities or homes and you think that your rights have been violated, there are several steps you can take to have your complaint investigated.(1) Abuse, neglect, and exploitation should be reported immediately to the Texas Department of Protective and Regulatory Services by calling 1-800-252-5400. Click here for more information about the Texas Department of Protective and Regulatory Services. If you are receiving residential services in a facility not operated by TDMHMR, such as a board and care home, and you think that your rights have been violated, not all of these procedures are available to you for a violation of your rights. If you are not in a facility operated by TDMHMR, and you think that your rights have been violated, you should call Advocacy, Inc. for further information and assistance.

Organizations And Procedures

Most of the organizations and procedures listed below are available to everyone in residential mental retardation services. Below you will find a description of each, including an address and telephone number.

In most instances, you should make a verbal complaint immediately and follow-up as soon as possible in writing whenever you make a complaint. Include the following information in your complaint:

A. Texas Department Of Protective And Regulatory Services

Abuse, neglect, and exploitation should be reported immediately to the Texas Department of Protective and Regulatory Services (TDPRS) by calling (toll free) 1-800-252-5400. TDPRS was created in 1992 to provide protective services to children, adults with disabilities, and elderly people. TDPRS investigates reports of abuse, neglect, or exploitation in the community and in facilities operated by TDMHMR. Staff are located throughout the state and are on 24-hour call, seven (7) days per week. If possible, you should follow-up the telephone call with a letter to:

Texas Department of Protective and Regulatory Services
P. O. Box 149030 - Mail Code Y-940
Austin, Texas 78714-9030.

B. Interdisciplinary Team

If you are residing in a facility or ICF-MR, your interdisciplinary team (IDT) usually includes a case manager, the Qualified Mental Retardation Professional (QMRP), psychologist, social worker, nurse, a representative from the direct care staff and other representatives as necessary. The IDT is responsible for developing, with your participation, your individual habilitation plan. Your IDT also must review your habilitation plan periodically. You can talk to your IDT about your complaint during review of your habilitation plan, or you can ask for a special meeting. If your IDT is not able to help you, you should ask to talk to the unit director or head of the facility. If you do not feel that you received a proper response, you should contact the facility or MHMR Center's Client Rights Officer. If you are a resident of an ICF-MR, you may file a complaint with the Texas Department of Human Services (see § E below).

If you are living in a community program, you probably have a case manager and a smaller IDT. If you have a case manager, you may complain to the case manager about any problems you have. The case manager will be able to assist you with many things.

C. Rights Protection Officer

The Rights Protection Officer is the staff member at each TDMHMR facility or MHMR Center who is responsible for protecting the legal and human rights of persons receiving services from the facility or MHMR Center. The duties of the Rights Protection Officer include:

You may file a complaint with the Rights Protection Officer, or someone may file it on your behalf. After a complaint is received, the Rights Protection Officer will arrange a meeting to talk with you about your problem, explain his or her role at the facility, and discuss how the investigation will work.

After this meeting, the Rights Protection Officer will begin investigating your complaint. If the complaint is valid, the Rights Protection Officer may discuss it with the staff, develop a plan to correct the problem, and inform you of any action.

Attached is a list of the Rights Protection Officers for each TDMHMR facility and Community MHMR Center that provides services to persons with mental retardation. If you do not feel that you received a proper response to your complaint from the Rights Protection Officer, you can contact the TDMHMR Office of Consumer Services and Rights Protection in Austin.

D. TDMHMR Office Of Consumer Services And Rights Protection

The Office of Consumer Services and Rights Protection (OCSRP) is the division of TDMHMR responsible for reviewing all complaints about client rights in all facilities or programs operated or licensed by the TDMHMR. If you feel the facility or facility's Rights Protection Officer did not properly handle your complaint, you can make a complaint directly to the OCSRP by calling (toll free) 1-800-252-8154 between 8 a.m. and 5 p.m., Monday through Friday. You can also make a written complaint to:

Office of Consumer Services and Rights Protection
Texas Department of Mental Health and Mental Retardation
P. O. Box 12668, Capitol Station
Austin, Texas 78711-2668

It is the policy of the OCSRP to begin investigating all complaints within 24 hours of receiving the complaint. The OCSRP attempts to resolve each complaint within seven (7) working days of receiving the complaint.

Once your complaint has been received, the OCSRP will contact the facility to discuss your complaint with the appropriate staff person(s). The OCSRP may conduct an additional investigation, if there is a question about how your complaint was investigated by the facility. The OCSRP is required to inform you about their findings, either verbally or in writing.

E. The Texas Department Of Human Services

If you live in an ICF-MR, a nursing facility, or a state school, you may complain to the Texas Department of Human Services (TDHS) Long-Term Care Section about any violation of the ICF-MR rules. The ICF-MR rules cover many areas, such as your rights, the services you should receive, abuse and neglect, your physical environment, qualifications of staff, your records and confidentiality, use of behavior plans and restraints, use of drugs, and health and safety. For more information on rights of ICF-MR residents, contact Advocacy, Inc. and ask for the handout, Legal Rights of Residents of Intermediate Care Facilities for Persons with Mental Retardation or Related Conditions (ICFs-MR/RC). The TDHS will investigate your complaint and, if they find your complaint to be true and a violation of the law, they will order the facility to fix the problem, usually within 30 days.

You can make a complaint with the TDHS by writing or calling:

Texas Department of Human Services
Long Term Care Division
Investigation Section - Mail Code Y-976
P. O. Box 149030
Austin, Texas 78714-9030
512-834-6778
1-800-458-9858

F. Public Responsibility Committees & Human Rights Committees

The Public Responsibility Committee (PRC) and Human Rights Committee (HRC) are groups of persons outside of the facility who provide their services on a voluntary basis and are not paid by the TDMHMR. There are PRCs and HRCs for each state school, state center, and community MHMR center. The PRC's and HRC's role is to help make sure that the legal rights of clients are protected. The duties of the PRCs and HRCs include:

Attached to this handout is a list of the PRCs and HRCs for each TDMHMR facility and Community MHMR Center that provides services to persons with mental retardation. You may send your written complaint to the PRC or HRC, or call them, and they will help you make a complaint.

G. Advocacy, Incorporated

If you feel that are not receiving a proper response to the complaint you filed with any of the above organizations, contact Advocacy, Incorporated, the Protection and Advocacy System in Texas established to advocate and protect the legal rights of persons with developmental disabilities, including persons with mental retardation. Advocacy, Inc. has limited funds and cannot respond to every complaint received. Priorities--based on what Texans state are the most serious kinds of problems facing people receiving mental retardation services--have been established to determine the types of complaints to which Advocacy, Inc. responds.

Advocacy, Inc.'s intake units will take your telephone call or receive your letter. If your complaint does not concern an issue which has been established as a priority, you will be referred to someone outside of Advocacy, Inc. who may be able to assist you. If your complaint concerns a priority issue, the intake staff will present your complaint to Advocacy, Inc. staff assigned to work on cases involving persons with mental retardation and developmental disabilities.

The priority areas in which Advocacy, Inc. will help people with developmental disabilities who have complaints include:

You can contact Advocacy, Inc. by calling your nearest regional office between 8:30 a.m. - 12:30 p.m., Monday-Friday:

North Texas (Dallas)
1-800-880-2884 or 214-630-0916

South Texas (San Antonio)
1-800-880-8401 or 956-702-3031

East Texas (Houston)
1-800-880-0821 or 713-977-1125

West Texas (Lubbock)
1-800-880-4456 or 806-765-7794

El Paso Texas (El Paso)
1-800-948-1824

Central Texas (Austin)
1-800-315-3876 or 512-454-4816

or by calling our statewide toll free number,
1-800-252-9108, between 12:30-5 p.m., Monday-Friday.

State Schools And Rights Protection Officers

Abilene State School
South 25th and Maple (79602)
P. O. Box 451
Abilene, Texas 79604-0451
Marlene Conder
(915) 692-4053

Austin State School
2203 West 35th Street (78703)
P. O. Box 1269
Austin, Texas 78767-1269
Cindy Smyrni
(512) 454-4731
(512) 371-6102

Brenham State School
4001 Hwy 36 South
Brenham, Texas 77833-9611
Marty Montgomery
(409) 836-4511

Corpus Christi State School
902 Airport Road (78405)
P. O. Box 9297
Corpus Christi, Texas 78469-9297
Tony Montez
(512) 888-5301
Esther Jones
(512) 888-4836, ext 258
(512) 888-4836 (Fax)

Denton State School
I-35-E South (76205)
P. O. Box 368
Denton, Texas 76202-0368
Robert Gathings
(817) 387-3831
Donna Bluhm, Community RPO

Lubbock State School
3400 North University (79417)
P. O. Box 5396
Lubbock, Texas 79417-5396
Jackie Shaheen
(806) 741-3775
Jo Conatser, Community Programs
(806) 763-3415

Lufkin State School
Hwy 69 North (75901)
P. O. Drawer 1648
Lufkin, Texas 75902-1648
Gail Husband
(409) 634-3353

Mexia State School
Hwy 171 (76667)
P. O. Box 1132
Mexia, Texas 76667-1132
Bill Abright
(817) 562-2821

Richmond State School
2100 Preston
Richmond, Texas 77469-1499
Colleen Jones
(713) 344-4350

San Angelo State School
Hwy 87 North (76934)
P. O. Box 38
Carlsbad, Texas 76934-0038
Jalown McCleery
(915) 465-4391

San Antonio State School
6711 South New Braunfels (78223)
P. O. Box 14700, Harlandale Station
San Antonio, Texas 78214-0700
Andy Garcia, RPO
(210) 532-9610, ext. 1958
Susan Danielson, Community RPO
(210) 829-0784

State Centers And Rights Protection Officers

Amarillo State Center
901 Wallace Boulevard (79106)
P. O. Box 3070
Amarillo, Texas 79116-3070
Susan Kitchens
(806) 351-3206

Beaumont State Center
655 South 8th Street (77701)
P. O. Box 3846
Beaumont, Texas 77704-3846
Sharon Hendrick
(409) 833-1458
(915) 779-0800
Bernie Crawford, Comm. Serivces RPO
(915) 837-3373 or 3401

Laredo State Center
Cherry Hill Drive (78044) P. O. Box 1835
Laredo, Texas 78044-1835
Carlos Herrera
(210) 718-5452

Rio Grande State Center
1401 Rangerville Road (78550)
P. O. Box 2668
Harlingen, Texas 78551-2668
Juan Gonzales
(512) 425-8900
Barbara Gwyn, Assistant

Community MHMR Centers And Rights Protection Officers

Abilene Regional MHMR Center
2616 South Clack, Suite 160
Abilene, Texas 79606
Charlene Davis, Director
(915) 690-5196
Ron French, Assistant
(915) 690-5123

Andrews Center
P. O. Box 473
(2323 West Front Street)
Tyler, Texas 75712
James Hartung, Director
(903) 597-1351
(903) 597-3175 (Fax)

Austin-Travis County MHMR Center
P. O. Box 3548 (1430Collier)
Austin, Texas 78764-3648
Mary Murphy
(512) 440-4086

MHMR Authority of Brazos Valley
P. O. Box 4588
Bryan, Texas 77805
Don Chamberlain
(409) 822-6467 or 361-9800

The Center for Health Care Services
3031 IH-10 West
San Antonio, Texas 78201
Doug Brown
(210) 731-1300

Central Counties Center for MHMR Services
P. O. Box 518 (304 South 22nd Street)
Temple, Texas 76501-4726
Bill Kneip
(817) 778-4841, ext. 337
(817) 770-0066 (Fax)

Central Plains Center for MHMR
2700 Yonkers
Plainview, Texas 79072-1892
Laura Wheeler
(806) 293-2636

The Central Texas MHMR Center
P. O. Box 250 (408 Mulberry)
Brownwood, Texas 76804
Don Ramsey
(915) 646-9574, ext. 144

Collin County MHMR Center
P. O. Box 838 (825 North McDonald)
McKinney, Texas 75069
Cheryl Bright
(214) 562-0190

MHMR Services for Concho Valley
1501 West Beauregard
San Angelo, Texas 76901-4004
Barbara Wigfall
(915) 658-7750

Dallas County MHMR Center
1341 West Mockingbird Land
Suite 1000E
Dallas, Texas 75247
Jim Moss, Director
(214) 689-3718
Christi Wilson, Assistant
(214) 689-3718
(214) 630-3469 (Fax)

Deep East TX Regional MHMR Services
4101 South Medford Drive
Lufkin, Texas 75901-5699
George Patterson
Nancy Jones, Assistant
(409) 639-1141
(409) 634-8601 (Fax)

Denton County MHMR Center
P. O. Box 2346 (2519 Scripture)
Denton, Texas 76202
Pam Gutierrez
Mathis Hale, Assistant
(817) 381-5000

Gulf Bend MHMR Center
1404 Village Drive
Victoria, Texas 77901
Don Polzin
(512) 575-0611, ext. 213

The Gulf Coast Center
P. O. Box 2490
(123 Rosenberg, Suite 6)
Galveston, Texas 77553-2490
Renee Rain
(409) 763-2373
(409) 763-5538 (Fax)

MHMR Authority of Harris County
P. O. Box 25381 (2850 Fannin)
Houston, Texas 77265-5381
Bob Stakem, Director
Phil Lamier, Assistant
(713) 750-5611

Heart of Texas Region MHMR Center
P. O. Box 890 (110 South 12th Street)
Waco, Texas 76703-0890
Janet Kettler
(817) 752-3451, ext. 330
(817) 752-7421 (Fax)

Helen Farabee Center
P. O. Box 8266 (1000 Brook Street)
Wichita Falls, Texas 76307-8266
Randy Bilyew, Quality Assurance RPO
Scott Boss, RPO
(817) 322-5136
(817) 766-4868 (Fax)

Hunt County Family Services Center
P. O. Box 1202 (4200 Stuart Street)
Greenville, Texas 75403-1202
Jerry Shannon
Cindy Womack, Assistant
(903) 455-3987

Johnson County MHMR Center
P. O. Box 196 (1601 North Anglin Street) Cleburne, Texas 76033-0196
Su Sedgman
Kim Akers, Assistant
(817) 558-1211 or 556-6700

Life Management Center
P. O. Box 9997 (8929 Viscount)
El Paso, Texas 79990
Felix Gonzales
(915) 594-1140
(915) 590-6366 (Fax)

Life Resource Center
2750 South 8th Street
Beaumont, Texas 77701
Pat Satterwhite
(409) 838-6203, ext. 385
(409) 838-6172

Lubbock Regional MHMR Center
1210 Texas Avenue
Lubbock, Texas 79401-4088
Sue Harwell
(806) 766-0310

Navarro County MHMR Center
P. O. Box 1735 (920 North Main)
Corsicana, Texas 75110
Ruby Starcher
(903) 872-2491

Northeast Texas MHMR Center
P. O. Box 5637 (2719 Summerhill Road)
Texarkana, Texas 75505-5637
Argie Earnest
(903) 831-3646

Nueces County MHMR Comm. Center
1630 South Brownlee
Corpus Christi, Texas 78404-3178
Sheila Strutz
(512) 886-6960

Pecan Valley MHMR Region
P. O. Box 973 (650 West Green)
Stephenville, Texas 76401
Bill Peters
(817) 965-7806

Permian Basin Comm. Centers for MHMR
401 East Illinois
Midland, Texas 79701
Sharon Wesley
(915) 570-3333
(915) 570-3346 (Fax)

Riceland Regional MH Authority
P. O. Box 869 (3007 North Richmond)
Wharton, Texas 77488
Andrea Richardson
(409) 532-3098
(409) 532-0312 (Fax)

Sabine Valley Center
P. O. Box 6800 (107 Woodbine Place)
Longview, Texas 75608
(903) 232-0237 (Pager)
Jessie Dunavan
(903) 758-2471

Tarrant County MHMR Services
P. O. Box 2603
(3840 Hulen Tower North)
Fort Worth, Texas 76113
Paul Duncan, Director
(817) 735-3843
Ann Henderson, CRO
(817) 731-9887 (Fax)

Texas Panhandle MH Authority
P. O. Box 3250 (7120 IH-40-W
(Parkwest Building, Suite 150)
Amarillo, Texas 79116-3250
Randy Love
(806) 353-3699

MHMR Services of Texoma
203 Airport Drive
Denison, Texas 75020
Beth Kyle
(903) 786-2902

Tri-County MHMR Services
P. O. Box 3067
(1506 Old Montgomery Road)
Conroe, Texas 77305-3067
Jon Ryan
(409) 525-2533

Tropical Texas Center for MHMR
P. O. Box 1108
(1901 South 24th Street)
Edinburg, Texas 78539
Toni Reece, Director
(210) 383 -0121

PRC Committee Addresses

PRC Chairman
Abilene Regional MHMR Center
2734 Woodlane Drive
Abilene, Texas 79606

PRC Chairman
Abilene State School
1436 Friar's Street
Abilene, Texas 79602

PRC Chairman
Amarillo State Center
3920 Linda Street
Amarillo, Texas 79209

PRC Chairman
Austin State Hospital
201 West 33rd Street
Austin, Texas 78705

PRC Chairman
Austin State School
Krsisner & Gladney
1200 San Anton
Austin, Texas 78701

PRC Chairman
Austin-Travis County MHMR Center
1316 Neans Drive
Austin, Texas 78758

PRC Chairman
Beaumont State Center
2170 Broadway
Beaumont, Texas 77701

PRC Chairman
Big Spring State Hospital
1207 Dixie
Big Spring, Texas 79720

PRC Chairman
Brenham State School
Route 6, Box 6470
Brenham, Texas 77833

PRC Chairman
Center for Health Care Services
1550 NE Loop 410, Suite 140
San Antonio, Texas 78209

PRC Chairman
Central Counties Center for MHMR
15 Oakmont Circle
Temple, Texas 76513

PRC Chairman
Central Plains Center for MHMR
301 Buffalo
Tulia, Texas 79088

PRC Chairman
Central Texas MHMR Center
Route 1, Box 528
Brownwood, Texas 76801

PRC Chairman
Collin County MHMR Center
2118 Chippendale
McKinney, Texas 75070

PRC Chairman
Corpus Christi State School
1701 Thames, #133
Corpus Christi, Texas 78412

PRC Chairman
Dallas County MHMR Center
5031 Waneta Street
Dallas, Texas 75209

PRC Chairman
Deep East Texas MHMR
102 Twilight Boulevard
Silsbee, Texas 77656

PRC Chairman
Denton County MHMR Center
517 Lake Vista North
Lewisville, Texas 75067

PRC Chairman
Denton State School
1812 Cordell
Denton, Texas 76201

PRC Chairman
El Paso State Center
9916 Burbon Street
El Paso, Texas 79924

PRC Chairman
Ft. Worth State School
8 Westover Road
Fort Worth, Texas 76107

PRC Chairman
Heart of Texas Region MHMR
Route 2, Box 318
Waco, Texas 76706

PRC Chairman
Helen Farabee Center
P. O. Box 1295
Wichita Falls, Texas 76307

PRC Chairman
Hunt County Family Services
Route 1, Box 481
Lone Oak, Texas 75453

PRC Chairman
Johnson County MHMR Center
3600 Trails End Road
Burleson, Texas 76028
or
P. O. Box 705
Alvarado, Texas 76009

PRC Chairman
Kerrville State Hospital
406 Meadow Ridge Drive
Kerrville, Texas 78028

PRC Chairman
Laredo State Center
636 Allende
Laredo, Texas 78041

PRC Chairman
Life Management Center
P. O. Box 9997
El Paso, Texas 79990

PRC Chairman
Life Resource
2309 Manley Circle
Orange, Texas 77630

PRC Chairman
Lubbock Regional MHMR Center
P. O. Box 2000
Lubbock, Texas 79414

PRC Chairman
Lubbock State School
P. O. Box 10854
Lubbock, Texas 79408

PRC Chairman
Lufkin State School
Route 2, Box 1962
Lufkin, Texas 75901

PRC Chairman
Mexia State School
901 Mesquite
Mexia, Texas 76667

PRC Chairman
MHMR Authority of Brazos County
200 Green Prairie Road
College Station , Texas 77840

PRC Chairman
MHMR Authority of Harris County
6927 River Bluff Drive
Houston, Texas 77085

PRC Chairman
MHMR Services of Texoma
P. O. Box 1251
Gainesville, Texas 76240

PRC Chairman
MHMR Services Concho Valley
3102 Briargrove Lane
San Angelo, Texas 76904

PRC Chairman
MHMR Services of Concho Valley
1501 West Beauregard
San Angelo, Texas 76901

PRC Chairman
Navarro County MHMR Center
1708 North 26th Street
Corsicana, Texas 75110

PRC Chairman
Northeast Texas MHMR Center
1708 Plantevigne
Texarkana, Texas 75501

PRC Chairman
Nueces County MHMR Center
P. O. Box 181200
Corpus Christi, Texas 78480-1200

PRC Chairman
Pecan Valley MHMR Region
1402 Prairie Wind
Stephenville, Texas 76401

PRC Chairman
Permian Basin Community Centers
4415 Northcrest, #1718
Midland, Texas 79707

PRC Chairman
Riceland Regional MHA
P. O. Box 808
East Bernard, Texas 77435

PRC Chairman
Richmond State School
4322 Silverwood
Houston, Texas 77035

PRC Chairman
Rio Grande State Center
Route 1, Box 95
Harlingen, Texas 78550

PRC Chairman
Rusk State Hospital
Route 5, Box 34
Rusk, Texas 78785

PRC Chairman
Sabine Valley Regional MHMR Center
1604 Antioch
Carthage, Texas 75633

PRC Chairman
San Angelo State School
3009 Red Bluff Road
San Angelo, Texas 76904

PRC Chairman
San Antonio State Hospital
4122 Winesap
San Antonio, Texas 78222

PRC Chairman
San Antonio State School
3203 Bent Bow Drive
San Antonio, Texas 78209

PRC Chairman
Tarrant County MHMR Services
125 Williamsburg Lane
Fort Worth, Texas 76107

PRC Chairman
Terrell State Hospital
P. O. Box 10
Terrell, Texas 75160-0010

PRC Chairman
Texas Panhandle MHA
20 Nottingham
Amarillo, Texas 78209

PRC Chairman
The Gulf Coast Center
1318 Rhodora Drive
La Marque, Texas 77577

PRC Chairman
Travis State School
505 West 7th Street, #202
Austin, Texas 78701

PRC Chairman
Tri-County MHMR Center
504 West Lewis
Conroe, Texas 77801

PRC Chairman
Tropical Texas Center for MHMR
P. O. Box 1365
Edinburg, Texas 78540

PRC Chairman
Tropical Texas Center for MHMR
601 West Sesame
Harlingen, Texas 78550

PRC Chairman
Vernon State Hospital
3209 Indian Street
Vernon, Texas 76384

PRC Chairman
Waco Center for Youth
Route 5, Box 258-A
Gatesville, Texas 76528

PRC Chairman
Wichita Falls State Hospital
4510 Tobago
Wichita Falls, Texas 76308

Endnotes

1. These steps may also help you if you know of someone receiving residential services and you think that person's rights are being violated.

2. The Texas Department of Human Services (TDHS) can only investigate complaints in ICFs-MR (including state schools).

Advocacy, Incorporated's goal is to make each handout understandable by and useful to the general public. If you have suggestions on how this handout can be improved, please contact Advocacy, Inc. at the address and telephone number shown on Advocacy's home page or e-mail Advocacy, Inc. at infoai@advocacyinc.org. Thank you for your assistance. This handout is available in Braille and/or on audio tape upon request. Advocacy, Inc. strives to update its materials on an annual basis, and this handout is based upon the law at the time it was written. The law changes frequently and is subject to various interpretations by different courts. Future changes in the law may make some information in this handout inaccurate. The handout is not intended to and does not replace an attorney's advice or assistance based on your particular situation.