Office of the Attorney General News Release Archive

Thursday, September 6, 2001


Windcrest McDaniels to pay civil penalties for numerous violations

AUSTIN - Texas Attorney General John Cornyn today announced a settlement agreement with a San Antonio assisted living facility/adult day care company, ending a two-year state investigation. Windcrest McDaniels will pay a $15,000 fine for violations relating to the health and welfare of its residents at two facilities.

The probe began in 1999 after the Department of Human Services inspected Windcrest McDaniels Adult Day Service and McDaniels Personal Care Home, both of which share the same amenities and staff. The DHS inspectors found that a resident had complained of being sexually assaulted by a McDaniels employee; however, facility management failed to notify the alleged victim's family, physician, or the police as required by law. McDaniels personnel also failed to make a timely written investigation report of the alleged incident, and the accused employee was allowed to continue caring for residents.

"I am pleased that McDaniels administrators are taking responsibility for their actions," Attorney General Cornyn said. "Those who are in the business of providing care to elderly Texans must be held accountable for the activities that go on in their facilities. There are no excuses for substandard conditions or inadequate treatment of our senior citizens."

Working with the DHS, the Office of Attorney General has successfully prosecuted cases involving violations at elder care facilities. Since January of 1998, DHS has referred 97 cases to the attorney general's office and the OAG has closed 93 cases in that time period. This has resulted in the collection of more than a quarter million dollars in penalties. State law also allows county and district attorneys to bring similar actions in local courts, giving officials additional avenues to pursue violators.

"We must all work together to help those who are the most vulnerable," Cornyn added. "The staff in my Elder Law and Public Health Division has the knowledge and resources to put bad elder care facility operators out of business. We've set a course to protect our seniors and will do everything that's within our means to achieve that goal."

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