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Senate approves Dana's Law to protect disabled

The Patriot Ledger - 7/30/2018

July 30--Caregivers who are convicted or charged with assaulting or mentally abusing a person with developmental and intellectual disabilities would be prohibited from being employed as a caregiver under "Dana and Nicky's Law."

The measure was approved by the state senate last week and it has been referred to the house for review.

State Sen. Patrick O'Connor, R-Weymouth, proposed the measure, which requires the creation of a Disability Abuse Registry that lists the names of people convicted or charged with physically or mentally abusing a person with developmental disabilities.

"When I first took office, a concerned mother reached out and shared with me a story about how her son Dana had been mentally and physically abused by his caretakers," O'Connor stated.

O'Connor stated he proposed the measure last year in response to allegations of abuse against Dana Schneider, 28, a Weymouth native who lived in a group home in Randolph where he was struck by two caregivers

Police charged Ikenna Kemakolam of Brockton and Joyce Kinyua, 24, with assault and battery on a disabled person at the home operated by Weymouth based Human Service Options.

Kemakolam was convicted of the charges and sentenced to over two years of probation in December 2016.

The charges against Kinyua were continued without a finding for one year by Quincy District Court Judge Robert P. Ziemian in July 2017.

Human Service Options officials were unavailable for comment when contacted Wednesday.

O'Connor stated he was surprised to learn Kinyua applied for a job at a social service house in Weymouth after assault charges were filed against her by police.

"(She) would have been hired had Dana's mother not worked at the same facility," O'Connor stated. "The Senate came together to pass common sense legislation to protect those who are most vulnerable in our society. We must do everything in our power to ensure that those who take care of disabled persons are compassionate, respectful and kind."

The proposed legislation requires group homes and caregivers to check the Disability Abuse Registry before hiring an employee to determine the applicant does not have a prior court conviction for abuse or has been charged with an offense.

The law would require the state Disabled Persons Protection Commission to take action against an employer who fails to check the Disability Abuse Registry when screening prospective employees or utilizing a caretaker whose name is listed on the registry.

Violation of the proposed law by a group home or caretaker includes a fine of up to $5,000, a revoking or suspension of an operation license, forfeiture of a state contract, or a combination of these penalties.

The Disabled Persons Protection Commission would be required to conduct an annual audit of the Disability Abuse Registry to make sure all individuals convicted or charged with an offense are listed on the database.

"What happened to Dana and Nicky should never happen again," O'Connor stated.

The proposed legislation is also named after Nicky Chan, of Auburn, who was allegedly struck by a caregiver four years ago.

Chan's mother Joyce shared her story before a state legislative committee last year and state. Sen. Michael Moore, D-Milbury, collaborated with state Rep. Linda Campbell, D-Methuen, and O'Connor with drafting the proposed legislation.

The measure needs the approval of the house and Gov. Charlie Baker before it takes effect.

Reporting from The Worcester Telegram & Gazette and The Patriot Ledger contributed to this story.

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