H.C.R. No. 22
HOUSE CONCURRENT RESOLUTION
WHEREAS, Farhat Chishty as next friend for her son, Haseeb
Chishty, alleges that:
(1) Haseeb Chishty was a disabled adult resident of
the Denton State School, which is under the jurisdiction of the
Department of Aging and Disability Services;
(2) Kevin Miller was a direct care aide employed at the
Denton State School;
(3) the Department of Aging and Disability Services
and the Denton State School had prior knowledge of Kevin Miller's
inappropriate behavior toward mentally retarded and physically
handicapped residents;
(4) although Kevin Miller was not terminated for his
inappropriate behavior, he was placed on decision making leave;
(5) when Kevin Miller returned from decision making
leave, the Denton State School transferred him to the housing unit
in which Haseeb Chishty resided;
(6) the Denton State School also had prior knowledge
of illicit drug use by direct care aides and other Denton State
School employees;
(7) the Denton State School failed to remove Kevin
Miller from the environment in which Haseeb Chishty resided and
failed to have or to enforce policies to protect Haseeb Chishty and
allowed Haseeb Chishty to reside in a dangerous environment;
(8) some time before September 27, 2002, Kevin Miller
physically abused Haseeb Chishty and as a result, Haseeb Chishty
sustained life-threatening injuries to his lower abdomen and pelvic
area which have left him unable to eat on his own, speak, walk, or
interact with his family;
(9) Kevin Miller may have been in a drug-induced state
at the time he abused Haseeb Chishty;
(10) the Department of Aging and Disability Services
and the Denton State School attempted to conceal the source of
Haseeb Chishty's injuries by asserting they were caused by a
vehicle safety belt in August 2002;
(11) on or about January 27, 2003, the Department of
Aging and Disability Services and the Denton State School informed
Farhat Chishty that her son may have been physically abused by an
employee who was, at the time the information was provided, on leave
of absence status;
(12) Kevin Miller was on leave of absence in January
2003, and when he returned to the Denton State School from his leave
of absence, he was permitted to work with Haseeb Chishty, even
though the Denton State School knew that Kevin Miller may have been
responsible for Haseeb Chishty's abuse;
(13) the Chishty family is entitled to an award for
damages, including actual medical expenses, attorney's fees, and
interest on any amounts due as may be authorized by law; and
(14) damages may not exceed the limitation on damages
provided by Section 101.023(a), Civil Practice and Remedies Code,
for state agencies, excluding past and future medical bills and
attorney's fees; now, therefore, be it
RESOLVED by the Legislature of the State of Texas, That
Farhat Chishty as next friend for her son, Haseeb Chishty, is
granted permission to sue the State of Texas, the Department of
Aging and Disability Services, and the Denton State School subject
to Chapter 107, Civil Practice and Remedies Code; and, be it further
RESOLVED, That the commissioner of aging and disability
services and the superintendent of the Denton State School be
served process as provided by Section 107.002(a)(3), Civil Practice
and Remedies Code.
Burnam
Kent
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.C.R. No. 22 was adopted by the House on May
19, 2009, by the following vote: Yeas 139, Nays 0, 4 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.C.R. No. 22 was adopted by the Senate on May
27, 2009, by the following vote: Yeas 25, Nays 6.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor