The daily Nebraskan. ([Lincoln, Neb.) 1901-current, October 06, 1995, Page 3, Image 3

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    Rivendell hospital faces
possible license removal
SEWARD (AP) — A state Health
Department team began investigat
ing Thursday whether the license
should be continued for a children’s
psychiatric hospital.
Rivendell Psychiatric Center faces
allegations of patient mistreatment
and Medicaid fraud. Treatment, staff
training and safety at the hospital are
being investigated, said department
spokeswoman Marla Augustine.
Because the mental hospital plans
to close its doors next week, inspec
tors primarily will document prac
tices in case facility officials change
their mind, she said.
The center has been under investi
gation since Sept. 27 by the Nebraska
State Patrol, Seward County
attorney’s office and Social Services
officials.
An affidavit in support of a search
warrant used to seize documents at
the hospital cited allegations of sex
arranged between patients, improper
sedation and restraint of patients, in
sufficient training of staff and poor
management practices. Patients at the
center were between the ages of 5 and
18 years old.
Rivendell officials have said a
preliminary internal investigation
showed nothing to support the alle
gations.
^Social Services has concluded
there are problems in treatment, moni
toring of medication and special pro
grams.
Augustine said the state last in
spected Rivendell in July and re
ceived no complaints about treat
ment until last week. Rivendell has
been licensed in Nebraska since 1986.
Rivendell officials decided to close
the hospital after the state announced
Wednesday it was removing all of
the children in itscare from Rivendell.
State wards and Medicaid patients
account for most of Rivendell’s pa
tients.
Rivendell had39 patients Wednes
day, compared with 51 late last week.
■ ___ ■■
Adoption battle heard again
OMAHA (AP)—The state Su
preme Court will hear arguments
Friday for the second time in an
adoption battle, and apparently no
one will know why until court is in
session.
The case pits a birth father who
has had problems with drugs, drink
ing and brushes with the law against
an adoptive couple living in small
town Nebraska. The biological fa
ther, Martin Gomez of Omaha,
says he never gave up the two
children who were given up for
adoption by their unmarried
mother.
It is rare for the Supreme Court
to request a rehearing. The high
court first heard arguments in the
case in April. The order for an
other hearing did not give a rea
son.
Gomez wants custody of 9-year
old Kassandra and 6-year-old
Nicholas. He is asking the court to
remove them from the custody of
Tim and Karen Savage of Murray,
who have cared for them since
1991.
The Savages’ attorney, Herbert
Elworth of Plattsmouth, said the
Cass County Court already had
legally terminated Gomez’s pa
rental rights by ruling him an unfit
father. The only question to be
decided, he said, is what action is
in the best interests of the children.
Catherine Mahern of the
Creighton Legal Clinic represents
Gomez. She says the children’s
interests are not an issue legally
until the birth father consents to
the adoption — and he has not.
The birth mother, Anita
Bechtold of Omaha, wants the chil
dren to remain with the Savages,
according to her attorney, Edward
Fogarty.
Gomez and Bechtold separated
in 1990. The court record shows
Gomez did not fileapatemity claim
to Kassandra and Nicholas until he
learned they were being adopted.
Under state law, an unwed fa
ther has five days after the birth of
his child to file papers saying he
will assert parental rights. Gomez
missed that deadline — Kassandra
was bom in 1986, Nicholas in 1989.
They were adopted in 1991.
Gomez asked Cass County
Court for a hearing on his parental
fitness in order to gain custody and
stop the adoption.
Testimony showed he had prob
lems with alcohol and drugs, had
run-ins with police, did not pay
any of the costs of the births of
either child and offered little fi
nancial or emotional support.
The court found him to be unfit.
Gomez appealed to the District
Court, which reversed the lower
court, saying there was not enough
evidence to show that he was unfit.
The state Court of Appeals sided
with the District Court, and or
dered the children returned to
Gomez. The Savages appealed to
the Supreme Court.
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