Senator Eliot Shapleigh - El Paso, Texas

At least 302 state employees who care for the mentally disabled in Texas institutions have abuse or neglect allegations against them and remain on the job despite a “zero tolerance” abuse policy put in place two years ago, a state agency official confirmed Monday.

These latest numbers come a week after the Texas Department of Aging and Disability Services (DADS) released figures showing 268 employees who work in the state’s 13 residential facilities were fired or suspended for abuse or neglect in the year ending Aug. 31.

Two years ago, agency commissioner Addie Horn established a “zero-tolerance” policy when it came to abuse or neglect that resulted in physical harm.

“Our commissioner does not tolerate or accept any abuse or neglect and she wanted to be every clear,” said agency spokeswoman Cecilia Fedorov.

All cases not equal

But Fedorov conceded that all abuse cases are not equal.

She explained that those 302 workers still on the payroll — including 39 staffers who have more than one abuse or neglect case confirmed against them — were involved in incidents that did not result in “any measure of physical harm.”

For example, a worker failed to have enough staffers to oversee 10 disabled adults. As a result, state abuse investigators confirmed 10 cases of neglect against the staffer.

Most of the cases against these current employees were neglect cases. All of the 302 were disciplined in some fashion, Fedorov said.

“It could have been a letter of reprimand, suspension or a demotion,” she said.

A breakdown of the disciplinary actions and exactly how many of the cases involved neglect were not immediately available.

Lawmakers and state officials have renewed their focus on abuse and neglect at the state’s 13 facilities, after receiving a scathing 2008 Justice Department report .

On June 12, Gov. Rick Perry approved new protections and millions more dollars in funding. Those new safeguards, part of the $48 million package approved by Perry, include video surveillance in common areas, an effort to eliminate problems such as the fights between residents at Corpus Christi State School that police say staffers organized.