Los Angeles Times

Claims of abuse of adults in group homes

Video taken at L.A. facility ‘is violent and horrible to watch.’ Mothers of autistic residents want justice.

- By Rebecca Ellis

The two caregivers edged toward the staff bathroom as the sounds of slaps and screams ricocheted across the ranch-style home.

The evening of Aug. 25, 2023, had already been an exceptiona­lly trying one for staff at Elwyn-Mayall, a fourperson home in Northridge for adults with developmen­tal disabiliti­es.

Jude Cabanete, a resident with autism, had spread feces across his mattress and vomited on the floor, according to staff reports from that night. The caregivers had hosed down the sheets. Cabanete seemed to want to get clean too.

“Shower, shower,” said Cabanete, 31.

Adekunle Fabunmi, who was assigned to watch him that evening, said no, a co-worker would later tell an internal investigat­or. Cabanete ran for the staff bathroom, where he emptied a container of disinfecta­nt wipes and began to chug water out of it, according to an incident report reviewed by The Times. Fabunmi followed.

By the time two other caregivers got to the bathroom, Fabunmi was striking Cabanete in the head — a scene captured on cellphone video taken by one of the caregivers. The 13-second video, viewed by The Times, captures four slaps to the face and one punch to the left ear. One more slap can be heard off-camera.

“No,” Cabanete groaned after each hit, cowering by the bathroom window, arms pinned to his side. “No. No. No.”

Fabunmi, a 53-year-old employee known as “Pastor,” would continue to torment Cabanete throughout the home, additional footage showed. In the living room, he threw Cabanete, naked from the waist down, from the couch to the ground as he screamed. In the adjacent room, he ordered Cabanete, still wearing only a bright-red Tshirt, to do 400 jumping jacks as he cried out to stop.

The videos do not show either of Fabunmi’s colleagues intervenin­g.

Fabunmi declined to discuss the case in a brief phone call and referred a reporter to his attorney. Christian Oronsaye, the attorney who represente­d him in a state investigat­ion into the incident, provided The Times with a letter sent to the state saying he believed the accusation­s of abuse at the Northridge facility were false after interviewi­ng Fabunmi but declined to comment further.

As California looks to move people with developmen­tal disabiliti­es from institutio­n-style facilities into smaller, more intimate homes, Elwyn has become a lifeline for the state, where such homes are in critically short supply, officials say.

The 170-year-old nonprofit, which describes itself as a “premier, internatio­nally recognized” provider for people with developmen­tal disabiliti­es, operates nearly 50 licensed homes in California for adults who can’t live alone. That’s more than nearly any other organizati­on, state data show.

The violence captured on video at the Northridge home has raised questions about Elwyn’s prominent role as caregiver for some of the most vulnerable California­ns — and whether oversight bodies are prepared to keep troubled homes in check amid a severe shortage in beds.

On Aug. 25, the night Fabunmi hit and punched Cabanete, he forced another resident of the home, 30year-old Gregorio Topete, to sit on the living room floor for three hours, a co-worker later told police. Fabunmi stood over Topete “in an intimidati­ng manner” when he tried to move, slapping him twice on the head, according to a Los Angeles police detective’s case log. Topete stayed on the floor until 2 a.m.

Fabunmi would deny to his bosses hitting anyone that night. Within a week, he no longer worked for Elwyn, according to the nonprofit.

The LAPD in late October submitted the case for the Los Angeles city attorney’s office to consider misdemeano­r battery charges. The case is pending.

Elwyn said in a statement that the health and safety of those it serves are of “paramount importance.”

“For over 20 years, Elwyn has supported this mission in California very effectivel­y and with a high level of satisfacti­on from both supported persons and their loved ones,” Elwyn said, adding that the nonprofit’s track record was “exemplary.”

“The allegation­s ... are isolated to a particular set of circumstan­ces, and do not represent Elwyn’s longstandi­ng activities in California.”

Fabunmi’s colleagues had accused him of assaulting a man he was paid to protect once before.

In the spring of 2019, Fabunmi was working as a caregiver for both Elwyn and People Creating Success, a company that serves people with developmen­tal disabiliti­es.

That June, a manager at People Creating Success called the LAPD after a staffer said she saw Fabunmi slap a nonverbal man who had cerebral palsy at a group home in West Hills, according to a police report. The staffer told police Fabunmi had grown frustrated trying to put a shirt on the trembling 55year-old, telling her he was “the most difficult to work with.” People Creating Success terminated Fabunmi within two weeks of the incident, according to the report.

Fabunmi would later sue the company, arguing that staff “made up” the accusation to get rid of him. The attorney who represente­d the company said the case was resolved through a confidenti­al settlement.

After investigat­ing, the LAPD referred a case of misdemeano­r battery to the city attorney’s office. Frank Mateljan, an official with the office, said the matter was “resolved outside of court” through a city attorney hearing, a way to settle lowlevel crimes without a criminal prosecutio­n.

Typically in these hearings, the perpetrato­r is provided “guidance as to how to avoid violating” the law, he said. No criminal charges were filed.

People Creating Success reported the alleged abuse to the California Department of Social Services, which licenses the home, according to a state report. After an internal investigat­ion, the company banned Fabunmi from going near the home. The state agency told The Times it investigat­ed the claim but did not find enough evidence to warrant banning him from other licensed homes.

This meant he could keep working at a cluster of Elwyn homes just a few miles from where he was fired. Elwyn said it was never notified about the investigat­ion or the criminal case by the Department of Social Services, which had received a report on the alleged abuse.

Advocates say the incident has exposed failure at every level in a system built to hold abusers accountabl­e.

“When a licensing authority lets someone who is credibly accused of abusing a vulnerable person have a chance to go back and do that again rather than stripping their license, it’s absolutely a system failure,” said Larkin Taylor-Parker, legal director of the Autistic Self Advocacy Network, a national public policy nonprofit run by autistic people.

On Aug. 27, the employee who took video of the incident two days earlier sent the footage to a colleague who worked at a group home in Agua Dulce. The employee would later tell an Elwyn investigat­or that she “did not feel safe” reporting the assault to her direct boss.

“All the males in the home, when they get close to residents, the residents flinched,” she told him. “Jude flinched.”

By Aug. 30, staff at the North Los Angeles County Regional Center had seen the video footage. The government-funded nonprofit, which provides services for people with developmen­tal disabiliti­es in the northern part of the county, contracts with Elwyn for eight homes, including the Northridge location. One more is under developmen­t in the Antelope

Valley.

“It is violent and horrible to watch,” Ari Stark, a quality assurance specialist at the regional center, wrote to two colleagues, according to a transcript of instant messages reviewed by The Times.

Stark, who was responsibl­e for monitoring ElwynMayal­l, wrote in emails to colleagues that he was concerned about “a lack of oversight from ‘management’ ” at Elwyn, which “has obviously lead to this situation where someone physically assaults a client and staff sit by.”

“I am super concerned with Elwyn’s ability to provide a safe and appropriat­e environmen­t to any of their consumers,” Stark wrote in an email to a supervisor. “If it were up to me, I would terminate their contract once we found a better provider.

“I don’t believe their clients are safe with them,” he wrote. “Just needed to share that opinion with you.”

On Jan. 9, Elwyn reported that Cabanete had again been a victim of suspected psychologi­cal abuse.

According to a report from an Elwyn specialist inspecting the Northridge home that afternoon, a staffer had again ordered Cabanete, who is about 5 feet 10 and 240 pounds, to do 100 jumping jacks — twice.

When staff approached, Cabanete would still flinch.

Cabanete was about 12 when his mother realized he was no longer safe at home. He would get frustrated when he couldn’t communicat­e, banging his head until it swelled up.

As a teenager, Cabanete moved to the Fairview Developmen­tal Center, a state facility in Orange County for people with developmen­tal disabiliti­es, many of whom required round-the-clock care. He stayed there until 2016, when officials finalized a plan to shutter Fairview, concerned that developmen­tal centers isolated people with disabiliti­es from their communitie­s. He spent six years at a home near Culver City before arriving at Elwyn-Mayall in April 2022.

His mother said the home seemed “family friendly,” located on Mayall Street in the northwest San Fernando Valley. She could drive there every afternoon from her home in North Hills and drop off his favorite meals: KFC, El Pollo Loco and homemade chop suey. Caregivers would take him on excursions to the Santa Monica Pier.

“It was sold beautifull­y,” agreed Laura Topete, whose son Gregorio moved there nine years ago.

The home had a good sales pitch for desperate parents: a stay with no end date, an on-site nurse 24/7, caregivers never out of their sons’ sight.

Elwyn would get paid extra for this.

Since landmark legislatio­n passed nearly half a century ago, California is required to ensure that all residents with developmen­tal disabiliti­es get the services they need. To that end, hundreds of millions of dollars flow each year from the California Department of Developmen­tal Services to the state’s 21 nonprofit regional centers.

The centers pay more to providers that house people with more intensive needs, such as Cabanete and Topete. Whereas the North Los Angeles County Regional Center would pay about $1,400 per month for a person at the lowest-level home, Elwyn got roughly $20,000 a month for Cabanete last year, according to regional center records provided by his mother.

But Mary Cabanete and Laura Topete say the heftier price tag never translated to better care. Both mothers said they found staff illequippe­d for the most fundamenta­l part of the job: keeping their sons safe.

The mothers said they would find bruises the staff couldn’t explain — even though the home was required to have a caregiver, sometimes two, near the men at all times. Twice, the home called police after Topete hurt himself, his mother said. Cabanete once escaped into a busy intersecti­on after “terrible explosive behavior,” according to an incident report.

The tensions between the mothers and the staff had been building. In early September, about two weeks after Fabunmi slapped and punched her son, Mary got a call from Elwyn as she was dropping off lunch at the home, she said. She was told the home was “investigat­ing an allegation of abuse.”

It was another week before she got the details.

“It was torture,” said Mary, who read Elwyn’s report detailing the abuse but has not watched the videos.

Both women, represente­d by personal injury attorney Craig Charles, have sued Fabunmi and Elwyn, as well as the North Los Angeles County Regional Center. The mothers allege their sons were “assaulted and battered” by Fabunmi while the other two staffers, both required by law to report abuse, failed to intervene.

Elwyn said in a statement that it is not able to comment on pending lawsuits but that mistreatme­nt of residents “is not tolerated.”

“I’m actually really grateful that somebody recorded it — because both of our sons are not good historians,” Laura Topete said. “They would have gotten away with it.”

Linda Carter, 65, found herself in a similar position five years ago: convinced her autistic son had been abused at an Elwyn facility. But she didn’t have video.

With Fairview closing, her son, Brandon Newman, was moved in October 2017 to an Elwyn home in West Covina. Carter said it became clear the workers there were not prepared to be a 24/7 caregiver for her son, an attention-loving 40-year-old who lives for rides in the back seat of his mother’s car.

She said his leg swelled with cellulitis. She took photos of a hematoma on his eye that went untreated for so long his socket bulged to the size of a golf ball. Once, she said, she found him lying in sheets soaked in urine.

Carter began to suspect the injuries weren’t just from neglect.

In October 2018, the West Covina Police Department got a call from a woman at a pay phone at an Arco gas station alleging that Elwyn employees were abusing a man matching Newman’s descriptio­n: a Black man with a disability. A few months later, someone sent an anonymous letter to Elwyn’s leaders alleging that three staff members, referred to as “monsters,” would grab Newman by the testicles and “sock” him in the head.

“I pray to Jesus that one day the abuse don’t go to far and kill a client,” the person wrote.

The physical abuse was never proved. Staff members insisted the bruises were self-injuries, Newman’s mother said. Newman, whose speech is limited to two- or three-word sentences, couldn’t say either way.

“Brandon is helpless. They’re going to hurt him and say he did it?” Carter said. “No, they messed with the wrong child.”

In June 2019, she sued Elwyn and the San Gabriel Pomona Regional Center, which had placed him in the home, calling it a “last resort” to stop the abuse of her son. The lawsuit was settled for $75,000, according to court records.

Elwyn said in a statement that there was “no determinat­ion of liability” against the organizati­on and called the allegation­s “speculativ­e and uncorrobor­ated.”

Carter later quit her job at a military base to care for Newman full time.

In California, an alphabet soup of bureaucrac­ies is tasked with making sure people with developmen­tal disabiliti­es are not abused — and if they are, making sure those responsibl­e are held accountabl­e.

But advocates say the oversight system has broken down, allowing problem homes to stay in business and abusers to circulate through them.

The California Department of Social Services, which licenses group homes, often takes the lead on big investigat­ions and can permanentl­y bar employees from all homes if it finds enough evidence that abuse occurred. But advocates say complaints of abuse are rarely proved, making it easy for problemati­c staff to drift from one home to another.

“The state doesn’t have enough investigat­ors to do the sort of due diligence that’s required to understand what really happened,” said Jody Moore, a lawyer who represente­d Carter and specialize­s in cases of abuse in nursing and group homes.

The department said in a statement that staff investigat­e all complaints that suggest a threat to residents in licensed homes and take “appropriat­e disciplina­ry action, in accordance with state law.”

Experts say allegation­s of abuse of autistic people who require significan­t support can be particular­ly difficult to prove. Some victims harm themselves, making it easy for an abuser to brush off injuries as self-inflicted, or struggle to communicat­e what happened. For example, Cabanete twice told investigat­ors he was not hit, despite it being clearly captured on video.

In the last five years, the state has investigat­ed 25 complaints alleging that adults in Elwyn homes were injured or physically mishandled, according to publicly available investigat­ion reports from the state’s licensing division. All but three complaints were not substantia­ted.

The regional centers, meanwhile, have the power to impose sanctions on problem homes, including pulling their contract. But advocates say they rarely do, instead encouragin­g families to move the loved one out of the home — a “sanction” that families say is useless when there’s nowhere to go. On Nov. 2, the North Los Angeles County Regional Center sent Elwyn-Mayall a letter that cited state regulation­s, saying it would recommend relocation and “discuss the consequenc­es of refusing to relocate” with families immediatel­y. Nobody moved.

Former and current staff at regional centers say there’s little appetite for cracking down on providers when there’s a shortage of beds, particular­ly for those who need the most intensive support. This leaves staff with an essential question: How bad does the care have to be before it is worse than nothing?

“I’ve heard of vendor programs where the [inspectors] went in, and the place is infested with bedbugs, the sheets haven’t clearly been changed in months, and they really are faced with a tough choice,” said a former regional center staffer who spoke on the condition of anonymity to discuss her past employer. “They know there’s no open beds. So what do they do?”

Cristina Preuss, head of the North Los Angeles County Regional Center, said in an email to The Times that it was “inaccurate and incorrect” to say the shortage of beds makes regional centers reluctant to shutter homes.

State regulation­s allow residents to stay in a facility as improvemen­ts are made, she said, as long as they’re not in “immediate danger,” to avoid upending their lives.

“The residents may have close relationsh­ips with their housemates and not be able to live with them ever again if the home closes. The

Caregivers,

 ?? Photograph­s by Mel Melcon Los Angeles Times ?? LAURA TOPETE embraces son Gregorio, 30, during an outing in Chatsworth. Gregorio, who lives at Elwyn-Mayall, a home for autistic adults, has “fallen apart,” she said, since an allegedly abusive incident there.
Photograph­s by Mel Melcon Los Angeles Times LAURA TOPETE embraces son Gregorio, 30, during an outing in Chatsworth. Gregorio, who lives at Elwyn-Mayall, a home for autistic adults, has “fallen apart,” she said, since an allegedly abusive incident there.
 ?? ?? MARY CABANETE shows a photo of son Jude, 31, an Elwyn-Mayall resident. She and Topete allege that a caregiver there “assaulted and battered” their sons.
MARY CABANETE shows a photo of son Jude, 31, an Elwyn-Mayall resident. She and Topete allege that a caregiver there “assaulted and battered” their sons.

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