BILL ANALYSIS SENATE HEALTH AND HUMAN SERVICES COMMITTEE ANALYSIS Senator Deborah V. Ortiz, Chair BILL NO: SB 1448 S AUTHOR: Chesbro B AMENDED: As introduced HEARING DATE: April 3, 2002 1 FISCAL: Appropriations 4 4 CONSULTANT: 8 McCarthy / ak SUBJECT Deceased residents of state hospitals and developmental centers SUMMARY The purpose of this bill is to require the state to assist persons with disabilities in efforts to locate and preserve the gravesites of state hospital or developmental center residents who died and were buried on state lands, or lands designated by the state for burial of state hospital or development center residents. ABSTRACT Existing law: 1.Provides for the state Department of Mental Health (DMH) to have jurisdiction over state institutions for the mentally disordered (i.e., state hospitals) and imposes various functions and duties on DMH with respect to the administration of those institutions. The four state hospitals over which DMH has jurisdiction include Atascadero, Metropolitan, Napa, and Patton (another hospital is expected to open in Coalinga in 2004). Continued--- STAFF ANALYSIS OF SENATE BILL 1448 (Chesbro) Page 2 2.Provides for the state Department of Developmental Services (DDS) to have jurisdiction over state developmental centers for persons with developmental disabilities, as defined, and imposes various functions and duties on DDS with respect to the administration of those centers. The five developmental centers over which DDS has jurisdiction include Agnews, Fairview, Lanterman, Porterville, and Sonoma. 3.Provides for various types of cemeteries (including public cemeteries, private cemeteries, and cemetery authorities) and establishes record keeping requirements for each type of cemetery. 4.Provides that title to lands situated in or near any city, and used by the inhabitants continuously as a cemetery for five years, is vested in the inhabitants of the city and the lands shall not be used except as a public cemetery (H&S Code Section 8126). This bill: 1.Requires DMH to conduct various inventories regarding persons who have died while residing at a state hospital or a state developmental center, including the location of gravesites on existing state hospital and developmental center lands or gravesites located on other lands designated by the state for burial of state hospital or developmental center residents. The inventories would also include the names and location of the remains of persons whose remains were donated for medical research. 2.Requires DMH to conduct the required inventories in coordination with a task force of specified organizations representing persons with disabilities and with other state departments including, but not limited to, the departments of General Services, Developmental Services, and the California State Library. 3.Requires DMH, in coordination with other state departments and the task force, to assist and cooperate with state or local organizations representing persons with disabilities that conduct research regarding the records of deaths and burials of persons at state Continued--- STAFF ANALYSIS OF SENATE BILL 1448 (Chesbro) Page 3 hospitals or developmental centers, and to grant access to state records as necessary to perform the inventories described in the bill. 4.Requires DMH to assist organizations that represent persons with disabilities, and conduct research on deaths and burials of persons with disabilities, to develop a plan for the restoration of the gravesites and cemeteries on state hospital and developmental center grounds (or located on other lands designated by the state for burial of state hospital or developmental center residents). Further, requires DMH to develop a protocol for the future interment of patients who die while residing in a state hospital or developmental center and whose remains are not claimed by a family member. 5.Requires DMH to establish a task force, with specified members, to provide direction in carrying out the requirements of this bill. Also, this bill requires DMH to submit a progress report to the Legislature regarding the implementation of the bill, no later than January 31, 2004. FISCAL IMPACT Unknown at this time, however, it is the author's intent that the costs be absorbable by DMH and DDS. BACKGROUND AND DISCUSSION Senate Select Committee on Developmental Disabilities and Mental Health: Hearing and Report On November 19, 2001, the Senate Select Committee on Developmental Disabilities and Mental Health held a public hearing at Napa State Hospital to examine the historic use and current status of cemeteries at state mental hospitals and development centers. At the hearing, testimony was received from advocates from Minnesota and Georgia regarding efforts in those states, led by persons with disabilities, to restore and preserve cemeteries at state institutions for the disabled. Testimony also was received from a number of persons who are seeking information on the location of the gravesite of a close relative or friend who died while residing in a state hospital or developmental center. Testimony included the emotional distress Continued--- STAFF ANALYSIS OF SENATE BILL 1448 (Chesbro) Page 4 experienced by former patients of these state institutions, and by relatives and friends of deceased residents, due to the apparent lack of respect and care that has been given to the remains of persons who died prior to 1965 while in the care of these institutions. Also, a number of persons testified regarding the lack of appropriate interment procedures, record keeping and cemetery maintenance that has occurred on or near state hospital and developmental center grounds. Testimony and pictures showed that some cemeteries have been allowed to deteriorate or are "just fields" without markers. In addition, testimony was received from persons who have conducted historical research indicating that in two locations, burial sites were transferred (by a local governmental entity or a state institution) to other owners (e.g., an American Legion Post), and eventually used for other purposes. According to this testimony in at least one case, the transfer was made without proper historical accounting for -- and without proper removal and reburial of -- the remains of all the state institution residents buried at the site. Subsequent to the hearing, the Select Committee published a report, " Historic Use and Current Status of Cemeteries at California State Hospital and Developmental Centers" . The report contained data submitted by witnesses at the hearing regarding the status of the cemeteries at both state hospitals and state developmental centers, including the following: California has provided services to persons with disabilities in state hospitals and developmental centers since the mid-1880's. Between the mid-1880's and 1965, over 16,000 patients, and perhaps substantially more, have died and were interred at a state hospital or developmental center. Since the 1960's, cemeteries at both state hospitals and state developmental centers have fallen into disrepair and are in need of restoration. Many of the existing gravesites are unmarked, and in some cases, the cemeteries are untended. At Sonoma Developmental Center, 1,418 are buried in unmarked graves. Historical information about the patients who died while Continued--- STAFF ANALYSIS OF SENATE BILL 1448 (Chesbro) Page 5 residing at a state hospital or developmental center is incomplete. For example, at Patton state hospital, approximately 2,022 persons are buried in unmarked graves. In other cases, to protect confidentiality numbers were used to mark graves, instead of names, and the markers are missing. Efforts are underway at a few of the state institutions to recreate historical records, repair some of the deteriorated grave markers, etc., but there is no overall state plan to restore and preserve the cemeteries. Currently, when patients die while residing in one of these institutions, and no family member claims the remains, the local county inters the body in the local cemetery for indigent persons. Sometimes, these graves are unmarked. SB 1448 incorporates a number of the recommendations made by witnesses at the November hearing, as summarized in the subsequent report of the Select Committee. Author's stated purpose The author's intent in introducing SB 1448 is to require an inventory of existing records and materials to create the most complete record possible of persons who have died while in residency at a state hospital or developmental center and the location of all existing gravesites on and off state grounds. The bill is also intended to require development of a plan to restore and preserve the gravesites, and enable persons with disabilities to provide leadership and direction in developing and carrying out the plan. Arguments in support The California Network of Mental Health Clients, co-sponsor of SB 1448, states that restoration of state hospital and developmental center graveyards is a priority because, "How we are treated in death is indicative of the way we were valued in life". The Network further states that, between the mid-1880's and 1960, thousands of persons were buried on state hospital or developmental centers lands in, "?for the most part, unmarked, mass gravesites, where numbered markers have long ago disappeared?The intent of SB 1448 is to support persons with disabilities in their efforts to restore dignity?" to these persons. Continued--- STAFF ANALYSIS OF SENATE BILL 1448 (Chesbro) Page 6 According to Protection and Advocacy, Inc. (PAI), Peer Self/Advocacy Units, also a co-sponsor of SB 1448, "For many years, persons who died while residing in state hospitals and developmental centers, frequently were buried in group graves and/or in unmarked and untended gravesites?PAI believes that in restoring these gravesites, we will also begin to restore a sense of dignity and self worth to people who have resided in state institutions, which can only help in the ongoing fight against stigma and discrimination." Also, writing in support of the bill, Project Return: The Next Step states that "?when we dishonor deceased institutionalized persons by inadequately remembering them in death, we are also making a statement: people with severe mental illness don't count, they are not worth remembering?By restoring honor to the dead, we bring honor to the living?" POSITIONS Support: California Network of Mental Health Clients (co-sponsor) Capital People First (co-sponsor) Protection and Advocacy, Inc., Peer/Self Advocacy Units (co-sponsor) Alameda County Network of Mental Health Clients Association of Regional Center Agencies Continued--- California Council of Community Mental Health Agencies California Memorial Project California Mental Health Directors Association (CMHDA) Mental Health Association in California Project Return: The Next Step Two individuals Oppose: None received Continued---