ASR is not licensed by OCCS(EEC), that's a bone that got picked to death by lawyers and apparently some deal was made. We're trying to find out the details to this deal, if it exist.
Read the whole article and you'll see that this pissed OCCS off because they can't regulate(oversee) a program outside of their bounds, ASR knows this. But also in the article it was said that OCCS thought ASR was trying to have it "both ways", Private school license that provides special services to special needs children.
Forgot: Thats why nothing else happened after the citations, I believe...
Having been through this, let's see if I can help you understand.
Program opens. If they even bother to report to DHR, they claim to be a private boarding school (PBS). They are typically listed with the DOE as such, because they know they can't avoid that, and it looks good on the advertising. They aren't yet accredited because that takes years. They may or may not be members of an industry association.
All the while they are advertising to the public to be a TBS, providing dx, assessments, and/or providing treatment to struggling teens.
Parents enroll their kids under the reasonable assumption that the program is licensed as a TC. Really, who would think otherwise?
Years pass (10) and all is hunky dorey. They've attained accreditation- the First TBS to be accredited as a Secondary School rather than a "Special Purpose" school. Won't go into the political scam associated with that, but seems the program 'knew' someone on the agency's committee.
DHR gets a tip that the program is advertising and operating as an RTC in violation of the law. Not only that, but they're running an unlicensed wilderness program next door. Ample (about a ream) of documentation is provided to substantiate the complaint and ease DHRs research burden. Actually all the work was done for them, all they had to do was make a ruling.
DHR inquires with the program, and reports back that the wilderness program will be licensed as such, but determines the program is a private boarding school. Not much explanation provided.
Time passes. One unhappy complaintant turns into many. Each of the many send their documentation to DHR and emplore them to do their job and license the program, for the safety of the children.
Weeks pass. DHR responds and determines for the second time that they are still a PBS.
The many write individual letters to the Governor and plead for his assistance. Gov gets right on it and assigns a special investigator. And what a wonderful investigator. Very professional and interested in making the right thing happen.
Weeks pass, many interviews, many documents provided, many promises that the right thing would happen.
DHR (believe it or not) rules for the third time that they are a PBS.
:rofl:
In shock, the many pull back, regroup and strategize.
As it turns out, the program attorney had claimed that there was no therapy happening at the TBS, only at the WP which was already licensed. :cry2:
In the meantime, new director appointed at DHR.
(This is the part I refer to as the stars being lined up just so)
New director is sent the same reams of documents. The TBS refuses to allow him onto the property to conduct an investigation, so a court order is acquired and a thorough investigation ensues.
Many, many weeks pass.
In the meantime, a complaint is filed with DHR against the 'licensed' wilderness program, which IS under DHR jurisdiction. DHR conducts an investigation and cites the wilderness program with 33 pages of violations. (unheard of!!) Most related to the WP running the TBS kids through a shorter, harsher, version of their 28-day program without documentation, along with inadequate calories, and various asundery of other things.
Many more weeks pass.
DHR finally determines that indeed the TBS is operating as an RTC in violation of the law. Orders them to apply for licensure or cease operating.
::deal:: ::cheers:: ::bigsmilebounce::
The TBS is no longer classified as a PBS (private corp) and is under DHRs jurisdiction. They can enter the property at anytime unannounced to investigate complaints, as it should be.
~~
In the case of ASR, it appears that however it transpired, EEC got wind that they were operating in violation of law. They were in the process of negotiating (locking horns, as it were) with the private corp on the need to licensure when the complaint of abuse came in. While investigating the complaint EEC cited other violations they observed.
Whatever happened in the negotiations, no one seems to know at this time, but EEC backed off of ASR. EEC could not force ASR to change the violations noted or 'follow up' on the citations, or issue sanctions.... BECAUSE ASR WAS STILL NOT UNDER THEIR JURISDICTION. They were still classified as a PBS (read private corp), and as reported in the article, 'escorted' them off the property.
I am suspecting that Kraft may have misused the word 'cited'. It may have been more accurate to have stated that EEC 'noted' several other violations of law while there. But, if that is what EEC told her, then in fact they 'cited' them, but couldn't follow up because ASR never came under their jurisdiction.
Ya know, I wish the DHRs would fine the programs for knowingly operating in violation of the law, as they are sanctioned to do. $250-$1000/ day for everyday they've operated in violation would pretty much bankrupt most of them.
Clear?
