The Hampden residential care facility where two people were horrifically abused voluntarily surrendered its licenses to care for disabled adults 19 months ago, but is still legally allowed to operate.
Lee Residential Care LLC surrendered its licenses in February 2023, Maine Department of Health and Human Services Press Secretary Lindsay Hammes said.
However, Lee Residential Care is not required to be licensed because of the size of its homes, which are one- to two-bed facilities. Under current law those facilities are licensed voluntarily, but recent legislation will change that, Hammes said.
Lee Residential Care advertises itself as a licensed facility on its website.
The recent guilty plea of an employee who waterboarded and sexually assaulted residents raises questions about what oversight exists at Lee Residential Care and other similar facilities throughout the state. Maine has 943 licensed residential care facilities and 435 of those are the same level as Lee Residential Care, according to DHHS’ licensing search.
Three other criminal cases are pending against employees of the residential care facility.
It does not appear that Lee Residential Care is subjected to regular inspections because they only happen when a facility applies for a license or a license renewal and in response to complaints, according to Hammes.
The company is caring for 23 people in 16 homes, Hammes said. All but one of the homes is in Hampden, with one in Bangor.
Lee Residential Care operates in a group home model with no more than two people per house, which allows people to live in a way that “closely resembles family life,” according to its website.
From February 2022 to 2023, Lee Residential Care was voluntarily licensed to care for 38 people, Hammes said.
The residential care facility is actively hiring, according to its website.
Recently passed state legislation currently in rulemaking would require Lee Residential Care facility to obtain a license, Hammes said.
The legislation will require a license for any residential care facility, regardless of size, that “provides a setting for an adult with an intellectual disability, autism spectrum disorder … or an acquired brain injury.” It also requires a license for any facility of any size to receive MaineCare reimbursements.
As of 2015, Maine was one of six states that did not require licenses for residential care facilities with two or fewer beds, according to a report that year from the U.S. Department of Health and Human Services. Ten states did not require licenses for such facilities with one or fewer beds.
Adult Protective Services, part of DHHS, received the report of abuse in March 2022 and referred the case to the Hampden Police Department, which then investigated, Hammes said. DHHS cooperated with the investigation while pausing its own, a standard practice.
The information the police investigation uncovered “deeply disturbed” DHHS, Hammes said. Disability Rights Maine and the local crisis team is working with DHHS to provide support for victims.
“The department recognizes how upsetting this is, particularly to people with disabilities, their families, advocates, and others who support people with IDD in Maine,” she said.
Zachary Conners, 26, pleaded guilty to one felony count of intentionally endangering the welfare of a dependent person on Aug. 30 in Penobscot County Superior Court. He was sentenced to five years in prison with all but 2 ½ years suspended. He is out on bail until Sept. 30, when he must report to jail.
Rene Dubois III, 47, of Prospect and Michael Slater, 49, of Palmyra are charged with three and four counts, respectively, of intentionally endangering the welfare of a dependent person. Joshua Martin 43, of Winterport is charged with one count each of endangering the welfare of a dependent person and assault. Their cases are pending.
