A legislative measure that would halt the proposed closing of the Polk and White Haven state centers, residential facilities for individuals with intellectual disabilities, has finally reached Gov. Tom Wolf’s desk.
The bill, known as Senate Bill 906, now awaits either a signature of acceptance or a veto by the governor.
While action on the bill had been expected within a day or two of the Senate endorsing it on Jan. 27, there was an unexpected hiatus.
The final version of the bill amends the 1966 Mental Health and Intellectual Disability Act. It places a five-year moratorium on the proposed closing of Polk Center in Venango County and White Haven Center in Luzerne County and establishes task forces to study the proposed closures.
The legislation, spearheaded by state Sen. Scott Hutchinson of Oil City and James, was prompted by an unexpected announcement Aug. 14 from the Pennsylvania Department of Human Services that Polk and White Haven would close over the next three years.
The decision was based on the positions held by Wolf and the Department of Human Services that developmentally disabled residents should be relocated from institutional settings to community-based living. Financial considerations focused on facility and personnel costs, too, were included in the reasoning.
“The governor has 10 days to make a decision,” said Evans. “If he makes no decision, it would automatically go through.”
A promise to veto
Wolf, however, has been very public in his opposition to the bill and has said previously he would veto it. Wolf, a Democrat, has vetoed 29 bills since taking office in 2015.
In each of those years, the House and Senate have had Republican majorities. However, the legislature has not had enough votes to override any of Wolf’s veto decisions. It requires a two-thirds vote in each chamber to overturn a veto.
The veto threat comes after a federal audit was released in January that revealed lack of oversight by community-based providers of services to the intellectually disabled. The report outlined inconsistencies in reporting and monitoring health and welfare incidents experienced by residents in the community homes.
Hutchinson and James have publicly suggested that the audit could offer the governor “an out” that would allow him to neither sign nor veto the bill and let it go into effect without his support.
Lawsuit is filed
The lawsuit contends the residents’ rights were violated by the pending closures. The violations refer to the U.S. Constitution, the Americans with Disabilities Act, the Rehabilitation Act of 1973 and the Medical Assistance Program.
Harrisburg attorney Thomas B. York filed the civil complaint in federal court in Scranton.
Trustees step up
In January, the Polk Center board of trustees formally notified Wolf that it believes the proposed closings of Polk and White Haven will have “a significant, negative impact on the people served by these two centers and jeopardizes their health and welfare.”
The board is an advisory group that reviews issues related to the health, safety and well-being of Polk Center residents.
In insisting the closure is ill-conceived, the trustees asked Wolf to “reconsider this decision where more sensible alternatives can be considered by those individuals directly affected by this decision.”
