Showing posts with label Prone Restraint. Show all posts
Showing posts with label Prone Restraint. Show all posts

Monday, October 11, 2010

FL: Pinned down - Palm Beach County schoolchildren subdued with risky restraint

By PAT BEALL AND LAURA GREEN

Palm Beach Post Staff Writers

Updated: 11:12 a.m. Monday, Oct. 11, 2010

Posted: 9:06 a.m. Sunday, Oct. 10, 2010

http://www.palmbeachpost.com/news/schools/pinned-down-palm-beach-county-schoolchildren-subdued-with-964012.html?showComments=true&postingId=964015#commentsList

    A phone call tipped off Darlene Foster that something had gone wrong at Lantana Middle School.

"If this was my child, I would want to know," an anonymous teacher warned her. "They're restraining your son."

Foster and her husband raced to the school to find 12-year-old Joshua held down by five men. Two had pinned his arms to a mat, two held down his legs, and another had his knee in the back of the 80-pound boy, who has a curved spine.

Joshua, who also has autism and cerebral palsy, had refused to go to art class and would not move from the school courtyard.

Joshua was subjected to an especially harsh form of prone restraint, a maneuver in which the child is held face down until he stops struggling.

So risky that six states have banned it outright in schools, prone restraint remains legal in Florida: Palm Beach County schools have used it on disabled students more than 1,500 times since 2007, according to a Palm Beach Post analysis. Most were elementary schoolchildren. Some were in pre- kindergarten.

*****

Prone restraint is used to immobilize an out-of-control student. Typically, two or three adults pull a student from a standing position down to a mat or other surface onto his stomach, and hold his limbs down.

It's almost exclusively used with special education students.

Injury can occur several ways. Adults may accidentally compress a child's chest, cutting off his air supply: A Cornell University study cited asphyxia in 28 deaths of children or teens after prone restraint. Because the child is face down, it can be hard to see signs of distress. Improperly applied pressure can bruise, or break a bone. Students with cardiac or respiratory conditions such as asthma are at special risk of injury or death.

"The national research was just overwhelming," said Michael Rench, Ohio Rehabilitative Services Commission administrator and a player in Ohio's decision to ban prone restraint. "We could not imagine why we would do that to people. It just was not defensible."

Even absent physical harm, a child's experience of being pushed to the ground and forcibly held can trigger emotional trauma that shows up as depression, increased anger and fearfulness, according to studies by national disability rights groups.

To read the full article, please follow the link: http://tinyurl.com/27gwamg

Tuesday, July 20, 2010

NC: Abuse Claims at School for Deaf

July 17, 2010
THE NEWS & OBSERVER, RALEIGH, N.C. | LYNN BONNER | Sat, Jul 17, 8:41 AM
http://dailyme.com/story/2010071700001905/abuse-claims-nc-school-deaf.html

July 17--The director of the N.C. School for the Deaf in Morganton has been suspended after reports that staff members slapped a student, shoved another and held one girl face-down on the floor with a force that left bruises.

Raleigh-based Disability Rights N.C., an independent advocacy group that persuaded state officials to investigate, also said that girls at the residential school reported that a dorm director made a habit of dropping in when they were scheduled for showers and watched them on a security camera while they were in their pajamas.

On Friday, the state Department of Health and Human Services suspended the director of the school, Janet McDaniel, as it responded to allegations that she failed to act on the reports of physical abuse and let months go by before she did anything about the dorm director.

For the full article, please click the following link: http://dailyme.com/story/2010071700001905/abuse-claims-nc-school-deaf.html


Tuesday, May 4, 2010

OH: Legal Society Files Complaint for Prone Restraint of Child with Autism; Staff Allegedly "Trained" in CPI

From Ohio Legal Rights Services:

LRS files complaint in case involving restraint of student with autism

May 3, 2010

Ohio Legal Rights Service (LRS) filed a complaint in the U.S. District Court, Northern District of Ohio, Western Division seeking relief for an 11-year-old child with autism and developmental disabilities who was allegedly abused by his special education teacher and aide. The alleged abuse occurred in a classroom during a prone restraint.

LRS states in the complaint that all medical opinions conclude that the student was abused during the prone restraint. The extreme force and pressure applied during the restraint episode by the teacher and her aide caused intradermal hemorrhaging indicating the student's blood flow and oxygen were obstructed. The complaint alleges that the manner in which the teacher and the aide restrained the student was reckless and completely outside of any professionally acceptable method and was conducted in conscious disregard for the student's rights and safety.

The complaint claims the Defendants violated the student's rights under the 14th Amendment of the U.S. Constitution by failing to protect the student's due process right to personal security and to be free from bodily harm at the hands of state actors, such as teachers, aides and administrators. The named Defendants include the teacher, classroom aide, school district, educational service center and all agencies, governing boards and personnel responsible for the implementation and supervision of the special education program.

A jury trial was requested by the Plaintiff. Read the complaint (PDF file)

For more information about restraint and seclusion in schools and LRS' work in this area, see the Restraint and Seclusion section.

Tuesday, April 13, 2010

Announcement: Dr. Phil Show on School Abuse/Arrests 4/15/10

From Dr. Phi:

Fighting for Your Child

Parents: What should you do when you feel your child’s rights are being violated? Twelve-year-old Alexa made headlines when she was arrested for doodling on her desk at school. Her mother, Moraima, says she feels outraged and helpless by the incident. Areva Martin, attorney and author of The Everyday Advocate, weighs in. Then, dramatic surveillance video captures a mute, autistic 14-year-old boy being dragged out of a classroom and placed in a dark room. Hear how his father, Vikas, claims his son was being abused. And, a technique known as prone restraint is being used in schools across the country to subdue out-of-control students. Is this method discipline or abuse? Dr. Phil examines the story of an eighth grader who died after he was physically restrained by a teacher.

Tuesday, June 9, 2009

IL: (Part I) Child abuse in our schools: Restraint and seclusion in boy's special education classroom

NOTE: This is my friend Amy's (Ravingmotherfromhell's) account of what she and her son Sebastian went through at his public school. At the age of 5, Sebastian, a then-Kindergarten student who has been diagnosed with Asperger's Syndrome and asthma, was repeatedly restrained in a prone position - the most dangerous and deadly type of restraint - on the floor or on a bean bag chair. His offense: not sitting still when he was told to.  Amy and her husband were routinely refused to visit Sebastian at school during the school day or to volunteer in his classroom; as a result, they didn't find out about the abuse until a year later.  Sebastian no longer trusts school personnel and has  been attending a cyberschool for the past two years. He also has been diagnosed with PTSD as a result of the abuse he suffered at the hands of so-called "educators" during his Kindergarten and first-grade years. (JS)

By Kindall Nelson
Chicago Special Education Examiner
June 8, 2009


This is Sebastian, a six-year-old boy who was restrained by a teacher's aid and the school principal for behaviors that he could not control. He was put in an isolation room and told to sit still and be quiet. When he was unable to do that right away, the adults went into the room and held him in a face down, prone position to 'calm him down'. It didn't matter to them that he had a behavioral plan in place that they were supposed to follow or that they might be traumatizing him by treating him this way. It also didn't matter to them that this was a little boy who needed special understanding instead of a heavy hand.

When the Government Office of Accountability reported their findings to congress concerning use of restraints and isolation in special education classrooms, they testified using very little identifying information. The facts needed to be heard, and those facts were given. Sometimes, however, to get a complete grasp of events, one needs more than just the barest facts. The abused here are real children, just like the ones you and I hug every day as parents, grandparents, aunts, uncles, teachers, and friends. They are part of real families and their stories, their whole stories, deserve to be heard.

According to the testimony before congress, the following story is a just number. To him and his family, this is the story of Sebastian, a brown haired, five-year-old little boy with deep brown eyes who was excited to start kindergarten and attend school all day despite his health issues and diagnoses. Sadly, in just year's time he came to hate school and anything associated with attending school.

Sebastian entered kindergarten with a formal diagnosis of Asperger's Syndrome and an IEP from his preschool. Unfortunately, the school that he was entering did not understand anything about high-functioning Autistic children or how to handle them. In fact, many staff members within the school district made it clear that they didn't believe Asperger's Syndrome existed, much less that Sebastian had it.

Originally, the school avoided giving Sebastian's parents a meeting to discuss an Individualized Education Plan (IEP). They gave his mother the run-around by denying he need one and then telling her that an IEP was already in place. She knew better than to take anyone's word for anything and kept asking questions.

Eventually, upon her insistence, a meeting was called. The principle members of Sebastian's team did not come to the meeting. Those that were there did not know how to write an IEP. Being a well-informed parent, when she received the documents Sebastian's mother actually rewrote them in their proper format and took them back to the school. Like most parents, Amy thought that having the plan in writing was all she needed to make sure that things were going the way they should be at her son's school.

Sebastian's parents relaxed a little. They finally had the plan in place that their son needed and deserved. However, even though the IEP and behavior plan were in place, they were both ignored by the staff and administration. In fact, reading through his mother's diary of the events makes it seem like the school was deliberately trying to make him have melt-downs so that they could send him home and/or place him in another school.

Sebastian's parents were told on many occasions that it was their fault that Sebastian exhibited the symptoms he did. Administration told them that if they were better parents, these issues would not come up. Then it went from bad to worse. The principal began following Sebastian around, keeping and extra-close eye on him, causing paranoia and practically rendering a meltdown unavoidable. Sebastian was routinely punished for things beyond his control. One effect of Autism in some children is the inability to have proper physical responses to emotions and situations. When Sebastian was sitting in the office being berated by his principal for things that he couldn't control, he would often laugh or smile or look around nervously. The principal would then punish the poor boy further for his attitude. 

Click here for Part II or click the following link: http://www.examiner.com/x-9926-Chicago-Special-Education-Examiner~y2009m6d8-Part-II-Child-abuse-in-our-schools-Restraint-and-seclusion-in-boys-special-education-classroom


Wednesday, May 20, 2009

VA: Loundoun County Public Schools Teacher Placed on Administrative Leave

Loudoun County Public Schools special education teacher has been placed on
administrative leave after national media coverage of a 2002 incident in which
she is alleged to have suffocated a student while teaching in Texas.

Dawn Marie Hamilton, who teaches at Park View High School, was not criminally
charged in the death of 14-year-old Cedric Napoleon. The student died after
Hamilton held the student on the ground, laying her body on top of him after the
student refused to remain in his seat. Although Hamilton was not indicted by a
grand jury after Cedric's death, an administrative judge placed her name on a
state registry of individuals found to have abused or neglected children after
finding that she used "excessive and unnecessary force" in restraining the
student.


According to Loudoun County Public School administrators, neither the incident
nor the state registry listing was noted on background checks that School Board
policy requires to be completed on new hires.


Schools spokesman Wayde Byard said the school system had never seen the Texas
registry, and that Hamilton had passed FBI and Child Protective Services
background checks the school system performs on employees.

Byard added that Hamilton's last employment reference, Rock Creek Academy in
Washington, DC, "came back clean" as well.

Hamilton was placed on administrative leave while school staff reviews her
personnel records to "determine her employment status."

Under the school system's procedures, all employees are to be asked during the
hiring process if investigations by any government agency on allegations of
child abuse have found the allegations to be valid, Byard said. Since Hamilton
was never indicted by a grand jury, she could "hypothetically answer 'no' to
that question," he said.

Cedric's foster mother Tricia Price testified this week in a Government
Accountability Office congressional hearing on restraining schoolchildren that
revealed hundreds of cases of children allegedly improperly held, bound or
placed in isolation. It was GAO investigators who reported Hamilton to the state
department of education, which in turn informed the Loudoun school system.

"If that teacher was just doing her job," Price said in her testimony, "then
something is very wrong with the system."

Mark Kealey, assistant superintendent of pupil services for the school system,
said while no School Board policies covering restraining students exist, Loudoun
adheres to the Virginia Department of Education guidelines for special education
programs, which exceeds the federal guidelines in more than 100 areas.

Kealey said teachers in Loudoun "absolutely" do not use the kind of restraint
Hamilton used on Cedric. Teachers are trained in the Mandt system, she said,
which emphasizes "de-escalation" of crisis situations through communication.

"We want situations where [teachers] don't have to put their hands on students,"
Kealey said. Teachers never use seclusion techniques and restraining students is
not recommended, but some options are available during emergency situations, he
said.

VA: Teacher Involved in Student Restraint Incident

posted 05/20/09 8:38 am

STERLING, Va. - As attention is focused nationwide on the treatment of special education students, a local teacher has landed in the spotlight over an incident that left a student dead. 

The teacher, who has not been identified publicly, taught special education classes in Texas, where the incident occurred. Now, she is in the classroom at Park View High School in Sterling. 

The school system learned about the teacher's history for the first time last Thursday. The next day, the teacher in question was placed on paid leave pending the outcome of an internal probe. 

According to a federal report, that teacher was found by police in Texas to have contributed to the death of a student, yet she nevertheless passed a background check to teach in Northern Virginia. 

"[It's] very frustrating because we just don't know who is teaching our children," said Daniele Duff, a Park View parent. 

On Capitol Hill Tuesday, lawmakers heard heartbreaking testimony from parents whose children were hurt or even killed while being restrained for disciplinary reasons at school. 

Cedric Napoleon suffered so much abuse in his young life that, at age 14, he was already experiencing post-traumatic stress disorder, an affliction often associated with soldiers at war. 

By 2002, he was under the care of a foster family and attending middle school in Killeen, Texas, in a class with a special education teacher. That's when his troubled childhood took an even darker turn, lawmakers learned Tuesday in a hearing about school discipline. 

Acting out in class one day, Cedric, 129 pounds, was pinned to the floor by his 230-pound teacher, who lay on him to quiet him down, federal investigators say. When she got off or soon after, he was dead. 

"If that teacher was just doing her job, then something is very wrong with the system," Toni Price, his foster mother, told a congressional committee. 

Government investigators said the death was ruled a homicide, but a grand jury did not indict the teacher. 

A judge found that the teacher used excessive force on the child and was reckless in her actions, the report said. 

"The teacher also ignored pleas and warnings that the child could not breathe and continued to hold him after he became still and quiet, the judge noted," the report said. 

"If I'd treated Cedric that way, I'd be in jail," said Price, who appeared with a framed photo of her son. 

That teacher was hired at Park View in 2007 after passing her background check. 

"Because her case went directly to a grand jury in Texas she was not arrested, she was not indicted. It was not in the crime information system so it turned up blank," said Wayde Byard, a Loudoun County (web | news) schools spokesperson. 

"We take it very, very seriously. Obviously if a candidate came to us with this kind of thing where it was verifiable they would not be a candidate," added Byard. 

School officials say the employee in question is considered a "teacher in good standing," meaning there's nothing to indicate she's done anything wrong at Park View. In the light of the current controversy, though, they are now looking into every aspect of how she became employed, including how she filled out her application. 

Sunday, May 17, 2009

PA: School firm hired to run Philly schools has ties to centers where 5 students died



PHILADELPHIA School District officials are reviewing the background of a company with $13.1 million in contracts to run three alternative schools, after a city councilman raised concerns about the firm's ties to treatment centers at which five students died.

The company, Camelot Schools of Pennsylvania, also had ties to Brien N. Gardiner, founder of the Philadelphia Academy Charter School, who had been under federal investigation when he committed suicide yesterday.

On Tuesday, during budget hearings at City Hall, Councilman James Kenney asked the district to reconsider renewing its contracts with Camelot Schools, saying that he had heard reports that the firm was managed by some of the same executives who once ran problem-plagued centers for troubled children.

Five students at those centers died after being physically restrained, according to a Texas teachers' union official.

"When you're talking about issues related to child safety, I just want them to make sure they look under every rock," Kenney said yesterday.

In 2000, a 9-year-old Nevada boy died of a heart attack a day after he was held facedown by employees at the Laurel Ridge Treatment Center, in San Antonio, Texas, for throwing a temper tantrum, the San Antonio Express-News reported at the time.

Laurel Ridge was run by the Brown Schools, a now-defunct company that operated 11 treatment centers in several states for children with emotional and behavioral problems, according to Gayle Fallon, a top official of the Houston Federation of Teachers.

Camelot Schools has contracts worth $13.1 million to run the Excel Academy, an alternative school for "over-age" high school students on Bustleton Avenue, near Harbison, in the Northeast; and two disciplinary schools, Daniel Boone, at 26th and Jefferson streets, Strawberry Mansion, and Shallcross, at Woodhaven Road near Knights, in the Far Northeast.

Todd Bock, Camelot senior vice president for education services, said yesterday that he and others had been officers of both firms, but adamantly denied that his firm was the latest incarnation of Brown Schools, which went bankrupt in 2005.

"Camelot Schools is not Brown Schools," Bock said yesterday. "That's like the difference between IBM and Apple. They never have been affiliated.

"Whoever is putting that piece of information out clearly does not have the facts correct . . .

"We've been a partner with the School District of Philadelphia for over five years, we have an impeccable reputation in the city . . . and we went through a competitive-bid process just like other nationally recognized [firms]."

Asked if any Camelot officials also had run the Brown Schools, Bock said that he had worked for Brown Schools in Houston for five years and that John Harcourt, president of Camelot Schools, had been chief executive officer for Brown Schools.

Camelot Schools got its first contracts with the school district in 2004-05 to operate the Boone School and Excel Academy, Bock said. It won a contract to operate Camelot at Shallcross for the 2005-06 year, he said.

A federal probe into Gardiner's financial dealings found that he had helped Camelot Schools win its first contracts in Philadelphia in 2004.

Gardiner was not paid to help Camelot get that contract, the Inquirer reported last year. After it won the contract, Camelot paid Gardiner's consulting firm, Charter School Development Associates, a $108,000-a-year consulting fee, the newspaper reported.

Yesterday, before news of Gardiner's suicide, Bock told the Daily News that he took issue with any implication that Gardiner had smoothed the way for Camelot Schools to do business in Philadelphia.

"I wouldn't say that he helped us get a contract," Bock said.

The Inquirer article - published on May 14, 2008 - quoted Bock as saying: "The arrangement was, 'If you can help us negotiate with the school district and get us in front of the right people to pitch our program, we will enter this contract with you to provide services to Camelot.' "

Yesterday, Cecilia Cummings, a spokeswoman for the school district, told the Daily News in a statement that the district "is investigating the allegations raised against Camelot Schools that were first brought to our attention by City Councilman At-Large James Kenney during the May 12th City Council hearing. We take these allegations very seriously and will conduct an uncompromised review."

From 1999 to 2005, dozens of allegations against Brown Schools, including fraud, and physical and sexual abuse of students, were reported in several newspapers in Florida and Texas.

In 2001, Matt Leary, director of a Brown Schools residential center in Beverly Hills, Fla., was arrested for failing to report child abuse.

One Brown Schools case was profiled on the television show "Dateline NBC" in July 2005:

In 2002, Chase Moody, 17, died after he was restrained by counselors at the On Track wilderness program run by Brown Schools near Austin, Texas.

The program said that Chase was the fifth child to die of a prone-type restraint at a Brown facility and the 16th to die from such a restraint in Texas since 1988.

Although Texas regulators alleged that an improper restraint was used at the program, a grand jury later concluded that no criminal charges were warranted, the program said. But within weeks of Chase's death, Texas officials cancelled the lease with On Track, and Brown Schools closed its campsite program.

Moody and his ex-wife accepted a settlement from the Brown Schools.

Ironically, the newscast noted, Chase Moody's father, Charles, had been an attorney for the Brown Schools, defending it against a lawsuit brought by a woman named Judy Chandler, whose son, Brandon, 16, died in 1988 while in the care of a Brown Schools facility in Austin.

But that case never went before a jury. After seven years of legal maneuvers and skyrocketing legal bills, Chandler agreed to a settlement from the Brown Schools, which never admitted fault in her son's death.

After Moody's son died in the wilderness program run by Brown, Judy Chandler wrote Moody a letter saying how sorry she was for his son's death. *

Monday, May 11, 2009

OH: Officials want ban on face-down restraint

COLUMBUS, Ohio - Ohio behavioral services officials want the state to ban a form of restraint blamed for the death of a 17-year-old girl at a Cleveland treatment center last year, according to a report obtained by The Associated Press.

State agencies that oversee homes and treatment centers for troubled or disabled youth and adults want to prohibit the control technique that forces patients to lie face down while being restrained, according to a two-page task force report released in response to a Freedom of Information request.

The report cites overwhelming evidence that the technique carries a high risk of serious injury or death. The only exception is in the case of "an identified overriding medical necessity," the report says.

"There is just not any evidence that we can find anywhere that these restraints are safe," Michael Rench, community services deputy director for the Ohio Department of Mental Retardation and Developmental Disabilities, said in an interview Thursday.

"When you're pushing somebody down on the floor face first and you're putting any weight on the back of them, you're beginning to cause problems with the lungs and other parts of the body," said Rench, who headed the task force.

Rench said other techniques, including other types of holds, are not as risky.

The recommendation will go to Gov. Ted Strickland for his review.

The Cuyahoga County Coroner ruled the Dec. 13 death of Faith Finley a homicide, saying the disruptive girl choked on vomit and suffocated at a church-run treatment center while being held in a face-down position. Parmadale Family Services fired three workers involved in the incident, saying they did not follow the center's policies.

Mental disability agencies in Ohio and other states have already banned the restraint or looked at ways to limit physical restraints, according to a survey by the National Association of State Directors of Developmental Disabilities Services.

Virginia regulations prohibit staff in state disability hospitals from lying on or applying pressure to a patient's chest "while the client is in a prone or supine position." Vermont's disability agency bans restraints in which individuals are lying face down or on the ground. In 2006, the Office of Mental Retardation in neighboring Pennsylvania recommended moving toward the elimination of all restraints.

A 2006 study by Cornell University researchers documented 44 deaths nationally of children who died in treatment facilities because of physical holds or other restraints. But several factors can contribute to such deaths, including applying a restraint in the wrong way or not being aware of a patient's pre-existing medical condition, said Martha Holden, one of the study's co-authors.

Holden is wary of states banning a particular type of position because it can send the message that other restraints are always safe.

"They all have risks," she said. "Our message is to try to emphasize that it is a high-risk intervention regardless of what techniques you use."

Rench said his task force considered that concern.

"We understand that there needs to be a use at times of some sort of a physical restraint," he said. "But we want it done in an appropriate and well-thought out and well-trained manner."

,,,

On the Net:

Survey of state disability agencies' approach to restraints:http://www.nasddds.org/RestrictiveProcedures/index.shtml

OH: Governor Ted Strickland expected to sign order banning restraint that led to death of Faith Finley at Parmadale

State officials are recommending that a type of restraint believed to have caused the death of a 17-year-old last year be banned in agencies that deal with youths and those who are disabled, mentally ill or addicted to drugs.

Gov. Ted Strickland is expected to sign an executive order adopting the recommendations.

The report said the use of restraint should be a last resort and the exception rather than the norm.

It also called for a change in the culture of organizations to reduce the need for physical restraints.

The panel was formed several months after Faith Finley died after being restrained at Parmadale, a center for youths with behavior problems. In December, Parma police investigated Finley's death, which was ruled a homicide, but prosecutors have yet to say whether they plan to file charges.

The recommendations allow so-called "prone containment" at some facilities, under special conditions. State officials say that prone containment is for a brief time, while the restraint is for an extended period.

The Ohio Legal Rights Service, an advocate for those with disabilities, told the panel that it believes prone containment is still a type of face-down restraint and can be dangerous and potentially lethal.

To reach this Plain Dealer reporter:

rdissell@plaind.com, 216-999-4121


Monday, January 26, 2009

OH: Parmadale death prompts Governor Ted Strickland to seek policy on restraints

Parmadale death prompts state effort
Saturday, January 24, 2009
Rachel Dissell
Plain Dealer Reporter
http://www.cleveland.com/news/plaindealer/index.ssf?/base/cuyahoga/1232791232151770.xml&coll=2

Gov. Ted Strickland has called for a single statewide policy on the use of restraints like the one that contributed to the death of a 17-year-old at a center for troubled children last month.

John Martin, director of the Department of Mental Retardation and Developmental Disabilities, which banned the dangerous face-down restraint last year in agencies it licenses, will head the effort. Martin said he hopes for the prone-restraint ban to be adopted statewide.

Authorities have said the restraint, which holds a person with face to the floor, contributed to the death of Faith Finley at Parmadale Family Services in Parma, which is run by Catholic Charities.

Cuyahoga County Coroner Frank Miller said she suffocated while being held in the restraint. Her death has been ruled a homicide. Faith's death caught the governor's attention, Strickland spokesman Keith Dailey said.

He said the governor had "grave concerns" about how the teen died.

In a memo to other state departments Friday, Martin called for the group that will craft policy recommendations to convene next week.

Ohio is among the states that have piecemeal regulation and tracking of the use of restraints.

Ohio has no central policy and leaves it up to individual agencies to set their own procedures.

There also is no one place that collects reports of injuries, deaths or other problems arising from the use of restraints.

Agencies that deal with children and the disabled in at least 14 other states have severely curtailed or banned some restraints - most commonly face-down restraints. The committee also will discuss collecting data on the use of restraints statewide.

Michael Rench, deputy director of community services for Martin's agency, said the committee's immediate business will be to move toward banning more-dangerous restraints by sharing his department's research on the prone restraint.

The committee would then work to craft further policy that moves away from relying on restraints in favor of other more positive intervention methods.

Agencies asked for input are: the Department of Youth Services, State Board of Education, Alcohol & Drug Addiction Services, the Department of Mental Health and the Department of Job and Family Services - the agency that licensed the Parmadale cottage where Faith died.

Bob Bowen, a trainer based in the Canton area who works with agencies that care for children, the mentally ill and people with disabilities, said the new policies need to, among other things, clearly define the term restraint and set limits for how long a person can be restrained.

"There are more regulations on how to humanely treat animals than people," said Bowen. The company no longer teaches any form of restraint that positions a person on the floor.

The Children's Health Act of 2000, passed after a series of articles in the Hartford Courant in Connecticut, chronicled 142 restraint-related deaths nationwide, limited the use of restraints and called on states to create policies about their use.

Bowen said that most have not complied and that there has been little enforcement of the act.

Thomas Hemmert, of the Ohio Legal Rights Service, an advocacy agency for the disabled, said his group was looking forward to the state banning the prone restraint and establishing standards that move toward other intervention.

Martin said that moving away from restraints altogether would take time.

"It's a kind of culture change and it's not something that occurs overnight," he said. "It's kind of our approach to get people to move forward voluntarily."

To reach this Plain Dealer reporter:

rdissell@plaind.com, 216-999-4121

Saturday, January 10, 2009

OH: Faith Finley died after being restrained in controversial position


NOTE: How many more children must die before improper, dangerous interventions stop? Our hearts go out to this family....

Posted by Rachel Dissell/Plain Dealer Reporter January 10, 2009 07:00AM
http://blog.cleveland.com/metro/2009/01/faith_finley_died_after_being.html

A 17-year-old girl who suffocated while being restrained at a center for troubled children was held in a potentially deadly face-down position that was recently banned by at least one state agency.

The restraint has been blamed for the deaths of at least 40 children in facilities nationwide since 1993.

Cuyahoga County Coroner Frank Miller said Faith Finley had been held in what is known as the prone restraint.

He ruled her Dec. 13 death a homicide Monday, saying she was suffocating while she was restrained at Parmadale Family Services in Parma and choked on vomit. Parma police are investigating.

A movement to ban the dangerous "prone restraint" has grown among agencies that serve children. The Ohio Department of Mental Retardation and Developmental Disabilities banned it in November.

The danger of the restraint led to the ban, according to a memo sent to agencies that the department licenses. Copies went to at least a dozen additional state officials.

"Research supports the belief that prone restraints are potentially fatal due to the impact this maneuver has on reducing a person's ability to breathe," the memo reads.

Unclear is whether Parmadale was aware of the memo.

Staff is trained on all the dangers and methods involved in restraints, said Tom Mullen, president of Catholic Charities, which runs Parmadale.

Staff is taught to use a face-to-the-ceiling restraint where staff members secure a child to the floor by pinning their arms and legs to the ground and not compressing the torso in any way, he said.

If staff did not follow the policy, action would be taken, he said. Two workers involved in the restraint on Faith are on paid leave pending the police investigation.

The face-down restraint, which puts pressure on the stomach area, can be especially dangerous if used on a person taking psychotropic drugs. The drugs can cause some to easily vomit while relaxing the gag reflex, making it harder for them to clear their throats. Faith was taking medication in that category.

Nationwide, since 1993, at least 64 children died and thousands were injured while being restrained in face-down and other methods. About half of the restraints that caused deaths were unnecessary, a review of restraint deaths by Cornell University Residential Child Care Project found.

Cornell's trainers, who have worked with Parmadale, teach both the face-up and facedown techniques as a part of their Therapeutic Crisis Intervention system but warn neither is safe. Facilities choose which methods suit their philosophy. Some choose never to use restraints.

"Every single restraint assumes a certain level of risk, including death," said Michael Nunno, the project's principal investigator. "You never want your intervention to be more risky than what the child is doing."

According to the coroner's ruling, Faith was restrained after an "outburst of disruptive behavior."

Faith had been tossing things around her room and may have approached the staff aggressively, said Parma police and Parmadale officials.

That type of behavior alone is not enough to restrain a child, Nunno said.

Workers often get into power struggles with kids they supervise, especially if the atmosphere in the facility is chaotic. Staff involved in such struggles should remove themselves from dealing with the children, he said.

According to police records and other sources, the situation in Parmadale's Cottage 14, where Faith lived, was particularly tense.

In the days leading up to her restraint, several children escaped, one stole a car, a child-care worker was injured by a teen and -- just before Faith died -- another girl in the cottage was beaten so badly, she was taken to the hospital.

People can be trained and tested over and over, Mullen said, but in the heat of a situation, it's hard to maintain control of an agitated child who is struggling with staff.

"What people need to understand is that these are interactions between humans," he said.

Bellefaire JCB in Shaker Heights, which also treats troubled children, uses restraint as a last resort, said Jeffrey Cox, clinical director.

"For us, disruptive is not enough," he said. If a child were to punch a staff member and walk away, that would not be a restraint situation because the immediate danger would be over, he said.

When restraints are used, the child's vital signs are carefully monitored, and children are not left alone immediately after being restrained, Cox said.

Faith was allowed to rest on the floor after she was released from the restraint, and workers later discovered her breathing was shallow. Parmadale staff lacked access to life-saving measures such as an automatic defibrillator to try to restart her heart.

The number of restraint-related injuries in Ohio is unclear because no agency collects the data. Information about major incidents, such as deaths or serious injuries, is supposed to be reported to the agency or agencies that license a facility. But that information is not shared.

In 2006, the Ohio Association of County Behavioral Health Authorities, an umbrella group that includes county mental health boards, pleaded for the creation of a statewide system to report child injuries in facilities.

The report pointed out that thousands of restraint-related injuries each year, including rug burns, black eyes, bloody noses and broken teeth, are not required to be reported. It concluded that fear of liability and the potential of losing facilities, which are already in short supply, were reasons that reforms were not being pushed.

"We tinker around the edges, but nobody is biting the bullet and fixing this problem," Cheri Walter, CEO of the group, said at the time.

Asked this week if any changes had been made since the 2006 paper was printed, Walter said, "Frankly, nothing has changed."

But now, officials are facing the death of a 17-year-old.

"It's unfortunately taken kids' deaths to prompt these kinds of changes," Nunno said.

Sunday, November 9, 2008

TN Handle With Care

From November 2007 about restraint deaths at the Chad Youth Enhancement Center

The state continues to license a Midstate youth treatment facility where two have died and many others have been abused
by Elizabeth Ulrich
The Chad Youth Enhancement Center is a privately owned residential treatment facility nestled in the rolling hills off of a winding, two-lane road just southeast of Clarksville. Barns fashioned out of untreated wood and horses tucked behind white fences dot the pristine grazing land that leads to the facility’s 20 tree-lined acres.

Just a few yards from an empty pasture marked by a few intermittent hay bales, Chad’s gym, school building and three dormitories sit, looking clinical and quite unremarkable. Chad is a place where kids—some criminals or drug addicts, or with serious emotional and behavioral disorders—go to get help. All are between the tender ages of 7 and 17, and most have problems so severe that other facilities will not admit them. It’s what Chad prides itself on: taking the most troubled and disadvantaged children “to overcome those obstacles that may be hindering their healthy emotional growth.”

Chad is also a place where two teens have died in two years. And where allegations of excessive use of force, and verbal and physical abuse at the hands of the facility’s staff have slowly piled up in the offices of Tennessee state regulators for nearly a decade.

In 2005 medics arrived at Chad to find the body of Linda Harris, a 14-year-old resident from Amityville, N.Y., limp on the floor of the hallway outside of her room.

According to a brief police office report, Harris had “become unruly by not staying in bed and was flashing the boys” when Chad staff pulled the girl’s arms behind her back and escorted her to a time-out room. It was at this point that Harris “became limp and fell on the floor” and the Chad staffers sat down next to her and held her arms behind her back as she lay on her stomach.

After approximately 30 seconds, according to the report, staff let her go as Harris remained belly down and appeared to be crying. A few minutes later, the Chad employees noticed that her breathing had slowed, so they rolled her over and called 911. While an ambulance was en route, Harris stopped breathing. She was pronounced dead after arrival at Gateway Medical Center in Clarksville.

But law enforcement told a different story: a local sheriff’s official said their office received a call that night saying that Harris had stopped breathing after being physically restrained by a male Chad staffer who fell to the floor with the girl while redirecting her to the time-out room.

Either way, Harris died only a few days after a New York judge sent her to Chad for emotional problems that had become too much for her father, a single dad, to handle. And either way, Tennessee medical examiner Dr. Bruce Levy ruled Harris’ death “natural.” After all, she was morbidly obese: Harris carried an estimated 400 pounds on her 5-foot-6-inch frame. Plus she was asthmatic.

While the Montgomery County Sheriff’s Office investigated Harris’ death, they didn’t bring any charges against the Chad staffers who restrained her. Levy ruled that her death was a result of cardiac hypertrophy—an enlarged heart because of her chronic bronchial asthma. Harris’ weight was a contributory cause of her death, Levy found.

So life at Chad moved along.

In a November 2005 visit to the center, Department of Children’s Services (DCS) licensing consultant Linda McLeskey noted that more Chad residents felt unsafe at the facility than at other programs DCS had encountered. Less than one month had passed since Harris met her death at the hands of the very people enlisted to help her. And the effect it had on the resident psyche was lasting. “When asked why they felt unsafe, [residents] often reported they were afraid to be restrained because they didn’t want to be hurt,” McLeskey wrote.

Sue Marshall—not her real name—worked as a licensed practical nurse at Chad for roughly one year and recalls the effect that Harris’ death had on residents. “A lot of girls were having nightmares at night after that because probably none of them had seen another person die,” Marshall says. “And you know, of course the first thing they are going to assume is that the staff was at fault.”

According to one expert on restraint asphyxia, those girls may have been right. After reviewing Levy’s autopsy report and police files on Harris’ death, paramedic and author Charly Miller concludes, “It doesn’t fly that her death was natural.”

Though Levy says he stands by his original findings, he tells the Scene that “to some extent that we can’t quantify,” Harris’ death was caused by “the stress of the situation she was in.”

Miller says it’s quite possible that it was the restraint that killed Harris, especially because Chad staff held her on the floor—belly down. Miller says patients with abdominal fat have an increased risk of restraint asphyxia for one simple reason: when an obese person is forced to lay on their belly, the excess stomach fat pushes up into the lungs, making it difficult to breathe until finally, the lungs give.

“But they can keep moving because their extremity muscles are still working after their diaphragm gives out,” Miller says. “And uneducated restrainers think,‘Oh, well, they must be breathing because they’re moving.’ That’s not true.” So Chad staffers might not have realized that Harris had stopped breathing until it was too late, Miller says.

Before Levy even ruled that Harris died of natural causes, DCS—the department that, along with Tennessee’s Department of Mental Health and Developmental Disabilities, was licensing Chad—stopped placing Tennessee children there. New York stopped too. “All we knew was that a child had died under unknown circumstances,” says DCS spokesman Rob Johnson. “The department already had some concerns, so they just elected to go ahead and pull the remaining children out.” Most of those concerns were about Chad’s use of restraint.

But Tennessee regulatory agencies did not revoke Chad’s license, which meant that other states—Kentucky and Pennsylvania, for example—continued sending children there. When asked why Tennessee regulators would keep Chad’s doors open when they wouldn’t even send the state’s own kids there, Johnson says it was simple: Chad met the state’s licensing standards.

“It’s somewhat akin to, does a restaurant pass standards for health inspections when they go in there?” Johnson says. “Yes, they may pass the standards, but it may be that the health inspector may not choose to take his own family there to dine. It’s somewhat analogous. Tennessee has its standards for how it wants its children to be treated when they’re in state custody.”

Chad is where DCS sent Sharon Pruett’s 16-year-old son, John Boy, for rehab in 2004. It’s where Pruett says her son became a broken boy after a counselor pushed him up against a wall, kneed him in the groin and strangled him until three staffers pried the man off of the teenager.

When Pruett moved her family from Chicago to rural Tennessee, she had grand visions of her two kids growing up in a small town in the friendly South, away from the hustle of big-city life. But even in the town of Hurricane Mills—home of Loretta Lynn’s Coal Miner’s Daughter Museum—Boy, a baseball player who did well in school, found trouble.

Before he was 16, Boy was addicted to methamphetamine. Pruett suspected that he was using drugs, and she says state officials told her that she could not get him into a treatment center unless she filed charges against him for being unruly. When she did, a judge ruled that Boy was a danger to his mother and younger sister and, against Pruett’s wishes, placed him in DCS custody. Soon after, Pruett says DCS put her son on house arrest for a 90-day, in-home treatment.

When Boy overdosed in September 2004, Pruett took him to the emergency room. DCS caseworkers soon followed to take a scared, sobbing Boy away to Chad in the wee hours of the morning. It was his first time away from home.

DCS officials told Pruett that her son would stay at Chad only temporarily—until they could place him in another drug treatment program. Pruett couldn’t understand why Boy would be living in a facility—and sharing a bedroom with—children those in the mental health world dub “level three” residents, kids who are a mere step away from being locked down in a detention center or placed in a full-on psychiatric ward. “My son was never arrested,” she says. “My son is not a bad boy. He did not burn houses. He did not hurt anybody. He was hurting himself with a drug problem. I questioned, I begged, I cried, I did everything [to keep him out of Chad].”

Less than three weeks into her son’s stay, Pruett got a call from her son and his therapist. “Mom, I was attacked last night,” Boy said over the therapist’s speakerphone. “You need to get me out of here. This man attacked me, and he broke my glasses.”

Pruett just began to cry. But Boy wouldn’t go into more detail, Pruett says, because he was scared it might happen again. He didn’t tell her that he hadn’t slept much since the attack the night before, which began after Boy called counselor Calvin Nelms a “fucking dick” when the man accused Boy of stealing another resident’s toiletries.

He didn’t say that Nelms had grabbed him by his shirt collar, pressed his hands against Boy’s throat, lifted him up off the floor and slammed him against the wall before throwing Boy down, kneeing him in the groin and strangling him until three employees intervened.

But Boy did tell his mother that his attacker was still working at Chad. Pruett says the facility acknowledged that they couldn’t fire Nelms because they were understaffed. Later, the family found out that Nelms, who admitted that he overreacted, had been placed on probation for his involvement in two or three similar incidents in the year-and-a-half he had worked at Chad, according to DCS files.

When Boy appeared in court a day after the attack, a judge ordered his immediate removal from the facility. Two months later, a Montgomery County court issued a warrant for Nelms’ arrest in the assault. But Pruett never received a subpoena to appear in court on Nelms’charge. His case was dismissed.

Pruett says Chad was the beginning of the end for her son. Before Chad, Boy was committed to getting better. But when he got home, he just didn’t care anymore. “He was just a different person when he came out of Chad,” she says. “He lost interest. It was like he didn’t trust people. He was just angry.”

She finds it ironic that Chad is dubbed an “enhancement center.”

“This doesn’t improve a child,”she says.“They’re just babies, and they’re going to come out being 10 times worse.”

Things did get worse for Boy. After bouncing among treatment programs for several years, he was shot to death in an unrelated incident in September of last year. But Pruett says she’s still committed to seeing Chad shut down. “How many lives have to be ruined, threatened and how many people have to be killed before they finally shut it down?” she says. “This facility is horrible. And I don’t see that it has changed at all.”

Omega Leach came to Chad from Pennsylvania—one of several states that still sent its most troubled children to Chad after the death of Harris. Leach arrived on May 2, 2007. One month later, he would be dead.

The online message board that accompanied one news story of his death was besmirched with comments keyed in by outsiders—people who dubbed Leach a bad kid who probably would’ve died on the streets anyway. “People out in the general population can refer to a kid who we now know was murdered as being a thug and saying he deserves what he gets,” says Holly Lu Conant Rees, chair of the Disability Coalition on Education of Tennessee. “And what difference does it make whether he dies in a facility or, you know, he gets in a gun battle out on the street? There seems to be a lack of empathy and understanding about the circumstances that led a child to be placed in a facility like Chad.”

To most, he was, quite simply, a delinquent—a boy with a criminal record stretching from his early teens. Leach grew up in Southwest Philadelphia, a rough-and-tumble neighborhood marked by abject poverty and violent crime. In the handful of years before his short stint at Chad, police arrested Leach twice and dubbed him “out of control.” His first offense—threatening students and teachers at his middle school and telling one teacher he would “shoot him full of shells”—landed Leach in a private facility in Virginia before he was even 15.

By 16, he was home again, only to be arrested months later for speeding through Southwest Philly in a stolen Nissan. This time, a Philadelphia judge thought a psychiatric program in the pastoral lands of Middle Tennessee, more than 800 miles from Leach’s home, might do the trick. And Leach wasn’t the first Philly kid to find his way to Chad. The city’s Department of Human Services had been sending children from neglectful or abusive homes there since 2001. And in 2006, the city’s judges began to follow suit, sending a new crop of kids to Chad: those with criminal records.

But Leach grappled with severe emotional issues too. State records show that he had been diagnosed with mood disorder, oppositional defiant behavior and conduct disorder, a condition marked by aggression, the propensity to initiate physical fights and to seriously violate rules and societal norms—such as those you might find in a rigidly structured treatment program.

The American Psychiatric Association would characterize Leach as someone who suffers from a “disruptive behavior disorder.” According to a 2000 report by Wanda and Brian Mohr in the Archives of Psychiatric Nursing, children with conduct disorder share remarkably similar risk factors, such as histories marked by trauma, physical abuse or neglect.

Janice LeBel, director of program management for the Child and Adolescent Division of the Massachusetts Department of Mental Health, has worked 20 years in the oversight of residential programs for children with the most severe mental and behavioral disorders, and she says she’s yet to see a youth with Leach’s diagnosis who doesn’t also have a history of trauma.

And according to the Mohrs’ research, children in treatment facilities who suffer from such disruptive behavior disorders also have another commonality: they’re more likely to be placed in some sort of restraint.

Given Leach’s diagnosis, it’s not a surprise that, when a Chad counselor confronted Leach and told him to leave his dorm room on the afternoon of June 2, Leach reportedly shoved and then tried to choke the counselor.

As the two struggled into the hallway, one of the facility’s surveillance cameras caught what would be one of the last acts of Leach’s young life. Sgt. Brian Prentice with the Montgomery County Sheriff’s Office says the tape shows Leach and the counselor rolling around in the hallway in a “full-on fight.”The pair then spilled back into Leach’s room—away from the camera’s eye.

Another counselor and a nurse then ran into the room as the first counselor walked out, seemingly exhausted. The rest of what happened in that room is speculative. According to statements, it seems that a counselor restrained Leach stomach down on the floor of his dorm room with his arms bowed behind his back.

The surveillance camera didn’t catch anything else—except the staffers later sprinting from the room in a frantic search for a defibrillator. Leach was dead.

But staff accounts of what happened in that room didn’t account for one thing: strangulation. When Levy performed an autopsy, he says Leach “had a series of superficial injuries from the struggle all over his body—kind of what you would expect from that type of a close physical struggle, falling on the ground, rolling around.” That accounts for the fight in the hallway.

But Levy also found “scattered superficial blunt force injuries” and “hemorrhages into soft tissues and muscles of the neck.” They were injuries that Levy says were “certainly consistent with some kind of strangulation.” Because of those findings, Levy ruled the death a homicide.

The two counselors involved in the restraint, Milton Francis and Randall Rae, have been suspended from Chad pending the results of a Montgomery County Sheriff’s Office investigation. Neither has been formally charged in Leach’s death.

Incident reports outlining Chad’s physical holds from the last two years alone stack inches tall. Most appear to be hastily handwritten, and many tell chilling, albeit scant, tales of run-ins with residents that resulted in “protective holds.” During a hold, at its least severe, a resident will be held upright with their hands and arms pinned behind their backs. At the worst, a hold can bring a swift and strong “takedown” to the ground, where a resident will be held, face down, arms bowed behind the back.

In May 2006, staff placed a boy in a hold, subsequently breaking the rotator cuff in the boy’s left shoulder—an injury that required a trip to the emergency room, but apparently did not require staff who recorded the incident to go into any great detail as to how the bone was broken when reporting the event to the state. The next month, another boy was “out of control and being aggressive to staff,” according to staff who placed him in a hold. But again, they left out details of how that hold put a gash in the boy’s chin that was severe enough to merit a trip to the ER for four stitches.

It’s not supposed to be this way. Chad adheres to the Handle With Care method of restraint. And according to its brochure, the program’s primary restraint technique—the method that Chad uses with residents in a standing position—gives staff an “unprecedented mechanical advantage without pain or injury.” In the event that staff find an upright hold insufficient and initiates a takedown, the brochure boasts, “there is no impact.”

Still, by many accounts, Handle With Care—at least as it’s used at Chad—is infused with anything but gentle care. When she worked at Chad, Marshall says she would see staff restrain residents “too hard and with anger vs. discipline.” In fact, the first time she saw one of the physical holds in action, it was more than she—a nurse of almost 20 years—could bear. “I ran out of the building crying because I didn’t know that kids—human beings—could be treated so forcefully,”she says.

The facility’s Behavioral Health Incident Report logs for 2006 show that staff physically restrained as many as 10 residents in a single day. In his investigation of Chad, Terry McMoore, director of Clarksville’s Urban Resource Center, found that Chad made 216 911 calls since October 2001, 33 of them for ambulances.

While experts warn that death can occur within six minutes of a hold, many Chad residents endured restraints—for three minutes, 15 minutes, 20 minutes or more—and escaped physically unscathed. While Chad’s own policy dictates that such holds can be used only if a resident’s behavior is violent enough to destroy property or harm the resident or others—never as punishment or retaliation—the facility’s own records tell a different story.

When a resident identified as a “little boy” left his bed in a wing of the facility that staff called the “Little House” one night in April, it wasn’t long before he found himself in a hold. One Chad staffer described it this way: “Little Boys [sic] not wanting to go to quiet time or bedtime. He came out of room again and was escorted by Ms. Jennifer but struggled with her.” Staff then placed the boy in a standing hold for three minutes.

Less than a month later, staff placed another resident, whose gender was not specified, in a hold for 15 minutes after the resident “began to escalate” when he or she wanted to retrieve a tennis ball in one of the facility’s classrooms. Marshall says such school-day restraints were common. “If [a resident] would continue to act up through the class period and so forth, it would end up a restraint,” she says.

According to Chad documents, residents were restrained for the simplest of childhood acts or missteps—even the proverbial glass of spilled milk. When one girl began crying alone in a corner of the facility in May, she refused to tell Chad staff what was wrong. Instead, she asked to speak to a supervisor. But when she grew weary of waiting, she walked out of the room and headed out of the building. Staffers put her in a standing hold for three minutes. When recording the reason for the restraint, a Chad employee checked the box next to “in danger or has harmed self, as evidenced by behavior or ideation.” The report failed to mention how the girl acted dangerously.

Three days later, staff restrained a boy when he walked up to a Chad employee, who already had another resident in a hold, and simply implored the staffer to “let him go.”

Other incident reports describe the facility as a chaotic place. In July, staff member Jermaine Clemmons was walking through the facility’s cafeteria where he found residents loud and out of their seats. He asked a female resident what was happening. The girl then threw milk at another Chad employee because, according to a report, the staff member was “saying things about her.” After one staffer unsuccessfully tried to escort the girl from the cafeteria, Clemmons placed her in escort and transported her to the education building, where she “was non compliant [sic] and was simply placed in a standing hold.”

That simple placement lasted 20 minutes. Clemmons didn’t provide any other details about the hold or any explanation as to exactly how the girl was noncompliant, or how she had become a danger to herself or others.

When the Scene asked if such force—and if as many as 10 restraints a day—in a therapeutic environment seems excessive, one industry expert offers an audible sigh. “That’s real violence going on,” Janice LeBel says. “That’s horrific risk for the youth and for the staff. And I think, over time, when staff aren’t given other tools, [restraint] becomes confused with a treatment intervention. But there is nothing therapeutic about it at all.”

But Tennessee’s Department of Mental Health and Developmental Disabilities has a different answer. Tracey Robinson-Coffee, director of licensure there, says she can’t answer questions about whether Chad’s restraint count is excessive because “to be fair, you know, you’re not dealing with the average population of youth out there....It’s not like everybody is doing as they’re being told: Get up, go to school, go to lunch, whatever. There’s things that happen in the facility, and I can’t say that one [restraint] a day is not excessive or it is excessive.”

There are many experts in the mental health field who believe that, for children who have been abused or have experienced some sort of trauma, physical restraint can be all the more agonizing. In testimony before the National Council on Disability, an independent federal agency, mental health service provider Marcie Kelley characterized her experience being restrained: “As a survivor of sexual abuse, I personally have found the use of restraints on me more traumatizing than being sexually abused. Being put in restraints is a much longer, traumatic ordeal than being raped.”

But Bruce Chapman, creator of the Handle With Care method, sees it quite differently. On his website, The Compassionate Neanderthal, and in a collection of his “unsolicited commentary,” Chapman writes that children in crisis “‘get the difference between doing something for a child and doing something to a child.” And where many advocates and abuse sufferers see restraint as traumatizing, Chapman writes, “On the contrary, it can be a moment of healing when the physical contact is initiated out of genuine concern and duty to the child.”

Even so, Chapman advises: “No person in his right mind wants to wrestle with a kid if he or she doesn’t have to....If you know childcare workers within your agency who routinely place themselves and children at risk, you have a bigger problem than Handle With Care training can fix.”

By DCS’s own account, Chad has had a constant turnover of employees, many of whom are college students and military personnel from the Clarksville area. And according to former Chad employees, it was these untrained applicants—those without any experience working in the mental health field or with kids with such extreme mental and behavioral issues—who would become the resident counselors who worked the most closely with Chad residents.

“They could have been someone who worked at Burger King and came out and put in an application to be a [resident counselor],” Marshall says.“These are the hands-on people who are with the kids 24-7.They’re people just right off the street that go through a week orientation program, and there were times when there were people there who weren’t over 20 or 21 themselves.”

There is little indication that Chad has been exceedingly selective in its hiring process. During its 2005 annual inspection of the facility, DCS reviewed nearly 20 staff files and found that only five contained documentation of references, but none had the required three references.

But all Chad employees are trained in Handle With Care—everyone from the nurses and teachers to the cafeteria workers, Marshall says. In fact, many are trained more than once, some on an annual refresher basis and others after particularly violent incidents of restraint. According to Chad’s policy, all employees undergo eight hours of training in Handle With Care upon hire.

In documents obtained by the Scene, nurse and former Chad employee Charles Wood wrote that most training in-services were “a joke” where “all answers were given at each booth,” so staffers had “no reason to learn them.” Wood reported that he attended all of the in-services, from Handle With Care recertification to suicide prevention, in approximately one hour. And Marshall says the initial week of orientation was the most—and often the only—training counselors had before working with residents.

LeBel says the behavior children can display in facilities such as Chad is absolutely frightening for staff who don’t have adequate training. “You can’t effectively ask people to step into a setting with children with mental health needs if they haven’t been educated,” she says. “Some providers require two weeks, one week [of training] and it varies...but until staff have been educated to understand what they’re looking at, particularly trauma and the impact of trauma, they can’t possibly know the needs of the youth that they’re serving.”

DCS had concerns about Chad’s staff too. In November 2005, McLeskey visited Chad on behalf of DCS and interviewed 55 residents. According to her report, residents said they heard staff call children “stupid” and “retarded.” Two staff members also reported hearing staff use derogatory names with residents. But it hasn’t been enough to stop licensing the facility.

McLeskey thought it necessary to remind Chad that “verbal abuse, ridicule and humiliation” are not acceptable forms of punishment, and she asked administrators to train employees to deal with resident behavior without resorting to abusive language. “Our impression is that there are a large number of immature employees who may not have the skills or the training necessary to deal with the issues and behaviors of the residents at Chad,” McLeskey wrote.

Denna Smith was 44 years old when she started working as a counselor at Chad in December 2005. Smith had been working 40-hour weeks at the center for less than two months, making $8.50 an hour, when she received a “corrective action notice.” Though the notice doesn’t detail Smith’s behavior, the supervisor outlines that she would be placed on “coaching status” so that she could learn to “remain calm and in control” when dealing with residents.

The supervisor writes that the “situation you’re being counseled on was handle [sic] the wrong way, especially when you know what kind of resident your [sic] working with.” Though the resident’s name is redacted, the supervisor identifies the child as “one of the most confrontational, defiant residents” at Chad.

The supervisor created an “action plan to achieve required performance” for Smith to follow: She would take a Handle With Care refresher course. About four months later, two Chad employees filed handwritten complaints about Smith, who, despite that refresher, didn’t seem to have calmed much.

According to one staff report, two girls began horseplaying in the cafeteria line when one employee reprimanded them. But Smith stepped in and yanked one of the girls out of the line and into an adjacent room, where another employee saw that Smith “threw her stuff out and was getting ready to fight.” Others reported seeing Smith moving toward the girl and saying, “You want to fight me? If you want to fight, let’s go.” In a report to Tennessee regulators, Chad’s risk manager wrote that Smith then shoved the girl.

When confronted about the incident, Smith denied it, became defensive and said, “I don’t have to take this shit” and quit. But it seems Smith had been verbally abusive long before she stormed out of Chad—the shoving incident was merely the catalyst for employee disclosure.

One staffer recalled a fight between Smith and another employee where the women exchanged insults, calling each other a “bitch” and “fat hog” in front of residents. Another counselor writes of an evening when a girl waiting in line for dinner asked what time it was, and Smith told her “that she was fat enough and that she was going to eat eventually.” The counselor said the girl went into the lobby for a timeout and returned crying.

Buddy Turner, divisional vice president at Universal Health Services (UHS), a King of Prussia, Pa., for-profit corporation that owns Chad and more than 100 other behavioral health facilities across the country, says UHS bought Chad in the fall of 2005 along with a handful of other facilities. When asked if it is indeed typical for Chad to hire counselors with little to no experience in the mental health field, Turner says they try to give priority to applicants with degrees and any human services experience. “There are employees that come to us that have not had experience working with kids, but again, those individuals, if they’re hired, go through an extensive state-approved training plan before they ever work with kids.”

But once they complete that training, virtually anyone at Chad can place a child in a physical hold. While Chad’s protective hold procedures outline that licensed practitioners (LIP)—doctors, nurses and licensed clinical social workers—must approve the use of a hold on a resident, any employee with a bachelor’s degree or two years experience working at a mental health inpatient facility will do the trick in the absence of an LIP.

Disability Coalition on Education in Tennessee’s Conant Rees bristles at the policy. “Good mercy,” she says. “I don’t see where there would be any preparation in completing...your bachelor’s degree in how to safely engage in a pretty intense, high-level behavioral intervention—one that has life-threatening implications.”

In 2005, the Montgomery County Sheriff’s Office called DCS to report that three of Chad’s male residents had beaten and attempted to strangle another male resident at the facility. Even though the state requires Chad to report incidents of harm immediately, this was the first DCS had heard of it.

Chad didn’t report the incident to law enforcement either. Sheriff’s officers got the news from the resident’s sister.

So DCS gave Chad 30 days to retrain its staff on the state’s reporting requirements for suspected abuse and neglect. Two days after the sheriff’s office made that call to DCS, Chad had a staff meeting to hand out a new reporting policy to its staff “to read and ask questions,” the center’s director of human resources reported. And Chad promised to teach new hires about the revamped policy.

The new policy outlined a clear chain of command for reporting harm or suspected abuse and neglect: notify the nurse on duty, who will then contact the Chad administrators, who should report the incident to DCS. At this point, staff are required to make documented attempts to reach the resident’s family. And the supervisor of nursing determines whether the resident should be transported to the emergency room.

It’s a familiar cycle that Tennessee regulatory bodies have developed with the facility: They identify the facility’s shortfalls, Chad responds—action plan in hand—and promises to fix said shortfalls. Inevitably, Chad continues to err.

State official Robinson-Coffee doesn’t see it that way. “It’s not like they were a red flag in our office,” she says. “We just go out and do our surveys and investigations when we got complaints, and they rectified whatever the situation was at that time. I mean, I wouldn’t put them in the category of a problem facility.”

She might not, but one Kentucky family would.

When the family of a 13-year-old boy placed their son in Chad on June 1, they were hopeful. Their son had never committed any sort of crime and, unlike many Chad youths, had not been ordered to attend treatment by a judge. His family enrolled him voluntarily for medical care.

On Aug. 26 of this year—less than three months after he began treatment—another 13-year-old male resident raped him.

According to a Chad incident report, the Kentucky boy was in a bathroom stall at the facility when he was approached by another resident who began banging on the door and threatening him. When the boy opened the door, the resident pushed his way into the stall and told the boy that if he didn’t pull his pants down, he would hit him.

When the boy refused, the resident hit him in the back and forced penetration on him while holding the boy’s mouth shut. Before leaving the stall, the resident threatened the boy and told him to stay quiet. And the boy did, for five minutes as he sat alone in the stall, before he cleaned himself off and told a friend what had happened. That resident notified Chad staff.

The victim’s mother was at the family’s Kentucky home on Sunday evening when she got a call from Chad: Her son had been raped. Rebecca Blair, a Brentwood attorney hired by the family, says her best estimate is that it took anywhere from one to three hours for the family to find out about the assault. Chad records show that it took nearly two hours.

When the boy’s mother asked if anyone had called police, Blair says the Chad supervisor told her it was not protocol. They called DCS— not the police. Then she asked if her son had been taken to the hospital for medical treatment, but she received the same answer: It was not Chad protocol.

The woman insisted that her son be transported to a hospital, and eventually, her pleas wore Chad staff down. Still, it took her nearly an hour to convince them. And by the time the boy arrived at Gateway Medical Center in Clarksville for examination, several hours had lapsed since the attack. And it wasn’t until after midnight that someone at the hospital called police to report the incident.

According to a Chad incident report, the boy returned to the facility a little after 3 a.m., and was transported to Nashville General Hospital and then to Our Kids, a Nashville treatment center for children who’ve been abused. It wasn’t until 9:45 the next morning that the boy made his way back to Chad.

The boy’s family removed him from the facility immediately and placed him at another treatment center closer to home. The suspect, who had come to Chad from Pennsylvania, has since been charged in the rape, taken into custody by Tennessee authorities and transferred back home, Blair says.

The family can hardly understand how such a thing could happen to their son in the first place. “They’re devastated,” Blair says. “And they’re just struggling to cope with this on a day-by-day basis.”

But according to one former Chad staffer, the fear of rape is common among residents. “They were afraid they were going to get hurt sexually by other residents...because they weren’t monitored closely enough, and it only takes a second for a young kid to get raped or for several to gang up on another kid,” Marshall says.

Chad is often understaffed on nights and weekends, Marshall says. Even during the daytime hours, she says Chad operated just at the minimum required staffing levels for the 85 or so residents who lived at Chad during the time she worked there. “You know, you’d call and beg and plead for people to come in and help, and nobody would,” she says.

Residents often told Marshall that they would find counselors sleeping on the job during the night shift. Some residents would use that as leverage. “The older boys would have cigarettes because the counselors at night would give them to them because they would fall asleep and the kids would catch them and they were going to tell on them if they didn’t give them some type of favors,” Marshall says.

Before any Google search of the Chad Youth Enhancement Center returned a multitude of reports on the death of Omega Leach, it wasn’t uncommon for families to research the facility and not find any red flags. “Even kind of knowing the key words to look for, I could find very little information about how this program functioned,” Conant Rees says.

The stress involved in making such a choice only complicates the process. Usually a child is either ordered to treatment by a judge or placed there by his family. And when parents decide to send their kid away from home and into facilities like Chad—centers that are, essentially, the last step before a psychiatric ward or jail—it’s a desperate measure. “Families are often exhausted and have used up their resources and don’t see any other options,” Conant Rees says.

She advises families to visit a facility’s campus before enrolling their child, to get that kind of gut reaction about what really happens behind closed doors. But when the family of the Kentucky boy visited the facility before admitting their son, no one told them that one resident had already died there. “They were shocked and very upset and alarmed that none of that had been brought to their attention when they were selecting this place as a treatment facility for their son,” Blair says. The family had even toured the facility and talked to Chad personnel “extensively before he was admitted.”

Of course, if the Kentucky family were to download Chad’s brochure from the KidLink Network website, a self-proclaimed leading referral source, they probably would’ve been all the more assured. KidLink is owned and operated by a subsidiary of UHS. And just like its UHS parent site, KidLink proudly states its mission: “Finding hope for youth and adolescents who are considered hopeless by others is something we do every day, because for us, giving up on a troubled child is simply not an option.”

Even if families take a closer look at Chad’s accreditation, they’ll find gold seals of approval and stellar marks.

The Joint Commission, a nonprofit group that regulates and certifies more than 15,000 U.S. health care programs, has awarded Chad its highest level of accreditation. And even after the two deaths at Chad, Tennessee’s Department of Mental Health and Developmental Disabilities (DMHDD), which is now the only state agency responsible for licensing Chad, still has not yanked the center’s license.

Mouthpieces for both the Joint Commission and DMHDD give the Scene similar explanations for why a handful of kids are still being treated at the facility today: Chad is trying to make things better.

Joint Commission spokeswoman Elizabeth Zhani says that after the death of Leach, Chad has worked within the commission’s requirements to develop an action plan for improvement. As long as Chad follows those requirements, its gold seal of approval won’t be stripped. “Organizations, when they take these steps, they learn from this,” Zhani says. “We don’t want to create a culture of fear where people are hiding things. We want to create a culture where people are learning from these incidents.”

Robinson-Coffee also seems to think that Chad is learning from its mistakes. She says it’s not the intent of DMHDD to shut it down. She’d much rather see the facility come back into compliance.

“I think because Chad has kind of been in the media for so long, there just kind of seems to be a consensus that...there have been a number of incidents, but really in fact, they’ve been in compliance,” she says. “This has been a tragic incident, and they’ve been in the spotlight because of this incident. There are other minor incidents, but again, you have to put it in context of the type of facility they’re running and the population they’re dealing with.”

UHS feels that Chad might be getting an unfair shake in the media as well. In the first interview that the company’s Nashville office has grantedsince Leach’s death,Turner says,“We feel real strongly that the facility and the company is committed to do the right things with kids.” He says UHS is interested in getting the story told about Chad, at least “the part about our facility treating really the most severely at-risk kids is a real statement about that facility…. We’ve got a successful history doing that, both at Chad and other places too.”

By those “other places,” Turner may be referring to the Compass Intervention Center in Memphis, another UHS-owned residential facility that is now treating an estimated 80 kids who are about the same age as Chad residents and who are generally treated for many of the same problems.

State files on Compass are disturbing. A 2006 report made by a DCS licensing consultant has one resident describing Chad as “better than Compass in Memphis” because “lots of kids get slammed down there.” Much like with Chad, stacks of reports detail resident complaints ranging from injuries sustained in restraint holds—Compass also uses the Handle With Care method—to allegations of staffers making sexual comments to residents. One girl reports that a male employee has asked her “to open her legs.” Other residents report being denied water or being threatened by a staffer who said she would “box [residents] like a grown woman.” One mother alleges that Compass staff laughed at her son and encouraged other residents to make fun of him because the boy had been placed in a private room because of excessive masturbation.

Robinson-Coffee says just as many issues from other facilities come across her desk. “I guess you can probably say it has to do with staffing and the proper training, and that’s something that we need to basically make sure that they’re doing properly,” she says. “But it’s kind of a tough situation all around. It really is.”

It’s an especially tough situation for parents such as Pruett, who don’t know if they will ever be able to move on from what happened to their children at Chad. And explanations from Tennessee’s regulatory bodies haven’t soothed uneasy minds. “Why can’t they just go and have these doors shut and locked up?” Pruett says. “If I were to commit that in my home, where do you think I would be? DCS would take that child out of my home...but [Chad] can do it and get a slap on the hand? I don’t understand why the doors are still open.”