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HOUSE CONCURRENT RESOLUTION
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WHEREAS, Farhat Chishty and Aqueel Chishty, both |
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individually and as next friend for their son, Haseeb Chishty, |
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allege that: |
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(1) Haseeb Chishty was a disabled adult resident of |
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the Denton State School, which is under the jurisdiction of the |
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Department of Aging and Disability Services; |
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(2) Kevin Miller was a direct care aide employed at the |
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Denton State School; |
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(3) the Department of Aging and Disability Services |
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and the Denton State School had prior knowledge of Kevin Miller's |
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inappropriate behavior toward mentally retarded and physically |
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handicapped residents; |
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(4) although Kevin Miller was not terminated for his |
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inappropriate behavior, he was placed on decision making leave; |
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(5) when Kevin Miller returned from decision making |
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leave, the Denton State School transferred him to the housing unit |
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in which Haseeb Chishty resided; |
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(6) the Denton State School also had prior knowledge |
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of illicit drug use by direct care aides and other Denton State |
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School employees; |
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(7) the Denton State School failed to remove Kevin |
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Miller from the environment in which Haseeb Chishty resided and |
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failed to have or to enforce policies to protect Haseeb Chishty and |
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allowed Haseeb Chishty to reside in a dangerous environment; |
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(8) some time before September 27, 2002, Kevin Miller |
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physically abused Haseeb Chishty and as a result, Haseeb Chishty |
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sustained life-threatening injuries to his lower abdomen and pelvic |
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area which have left him unable to eat on his own, speak, walk, or |
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interact with his family; |
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(9) Kevin Miller may have been in a drug-induced state |
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at the time he abused Haseeb Chishty; |
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(10) the Department of Aging and Disability Services |
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and the Denton State School attempted to conceal the source of |
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Haseeb Chishty's injuries by asserting they were caused by a |
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vehicle safety belt in August 2002; |
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(11) on or about January 27, 2003, the Department of |
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Aging and Disability Services and the Denton State School informed |
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Farhat Chishty that her son may have been physically abused by an |
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employee who was, at the time the information was provided, on leave |
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of absence status; |
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(12) Kevin Miller was on leave of absence in January |
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2003, and when he returned to the Denton State School from his leave |
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of absence, he was permitted to work with Haseeb Chishty, even |
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though the Denton State School knew that Kevin Miller may have been |
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responsible for Haseeb Chishty's abuse; and |
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(13) the Chishty family is entitled to an award for |
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damages, including actual medical expenses, interest on any amounts |
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due as may be authorized by law, and exemplary damages; now, |
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therefore, be it |
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RESOLVED by the Legislature of the State of Texas, That |
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Farhat Chishty and Aqueel Chishty, both individually and as next |
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friend for their son, Haseeb Chishty, are granted permission to sue |
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the State of Texas, the Department of Aging and Disability |
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Services, and the Denton State School subject to Chapter 107, Civil |
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Practice and Remedies Code; and, be it further |
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RESOLVED, That the commissioner of aging and disability |
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services and the superintendent of the Denton State School be |
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served process as provided by Section 107.002(a)(3), Civil Practice |
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and Remedies Code. |