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Treatment Abuse, Behavior Modification, Thought Reform => CEDU / Brown Schools and derivatives / clones => Topic started by: Anonymous on November 05, 2009, 10:43:02 PM

Title: DHS reports - MBA now available!
Post by: Anonymous on November 05, 2009, 10:43:02 PM
http://cafety.org/solutions-and-success ... my-closing (http://cafety.org/solutions-and-successes/791-aspen-education-group-mount-bachelor-academy-closing)
Title: Complaint and Order to Correct Conditions
Post by: Ursus on November 08, 2009, 12:29:22 PM
For greater searchability and ease of copy/paste, here is transcription of Oregon DHS's Complaint and Order to Correct for Mount Bachelor Academy (Nov. 2, 2009):

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BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS
STATE OF OREGON
for the
DEPARTMENT OF HUMAN SERVICES

In the Matter of the Therapeutic Boarding School License of Mt. Bachelor Academy, a program of the Aspen Education Group, owned by CRC Health Group, Inc., Licensee

COMPLAINT AND ORDER TO CORRECT CONDITIONS NOT IN CONFORMITY WITH LICENSING STANDARDS (http://http://cafety.org/images/stories/documents/MBA/mba_complaint%20%20order%20to%20correct_2009.pdf)

The Department of Human Services (DHS) intends to require licensee Mt. Bachelor Academy, a program of Aspen Education Group, owned by CRC Health Group, Inc., located in a rural area, 26 miles east of Prineville, Oregon, admitting both male and female students who are from age 14 to 17.5 at the time of admission, to correct the conditions not in conformity with licensing standards within the timeframes set forth below. If such corrective conditions are not satisfactorily corrected within the timeframes given, it is the intention of the agency to revoke the above-mentioned license.

Authority:

Pursuant to ORS 418.327, DHS is responsible for inspections, reviews and licensing of private schools. DHS has adopted administrative rules to implement ORS 418.327. OAR 413-215-0001 to 413-215-0131; OAR 413-215-0201 to 414-215-0276; and OAR 413-215-0601 to 413-215-0681 are applicable to private schools. More specifically, OAR 412-215-0001 to 413-215-0131 and OAR 413-215-0601 to 413-215-0681 are applicable to therapeutic boarding schools. A therapeutic boarding school is defined as "an organization that: (a) is primarily a school and not a residential care agency . . . provides educational service and care to children for 24 hours a day; and holds itself out as serving children with emotional or behavioral problems, providing therapeutic services, or assuring that children receive therapeutic services." Pursuant to ORS 418.327(5) and (6) and OAR 413-215-01016(3) if DHS finds a reasonable basis for the complaint against a therapeutic boarding school, DHS shall set a hearing to examine publicly the complaint.

Mt. Bachelor Academy is a therapeutic boarding school licensed under ORS 418.327 and subject to OAR 413-215-0001 to 413-215-0131 and OAR 413-215-0601 to 413-215-0681. In March 2009, initial complaints regarding allegations of abuse were made against Mt. Bachelor Academy. Through the course of DHS' investigation, numerous serious violations of state licensing standards for therapeutic boarding schools were revealed. As set forth below, DHS has found that there is a reasonable basis for sustaining the complaint against Mt. Bachelor Academy.

Background:

Mt. Bachelor Academy (MBA) is a licensed Therapeutic Boarding School, located in a rural area, 26 miles east of Prineville, Oregon, licensed originally in 1988. The school admits both male and female students who are from age 14 to 17.5 at the time of admission, although same children are admitted pursuant to an exception as young as age 13. The total capacity is 125 students and the average length of stay is 14-16 months. In 1998, Mt. Bachelor was re-organized and became a program of Aspen Education group. Aspen was recently acquired by CRC Health Group, Inc. As of March 209, MBA had approximately 77 staff and 88 boarding students.

On or about March 20, 2009, DHS received reports of child abuse against MBA. The DHS Office of Investigations and Training (OIT) handled the investigation of the reports of child abuse at MBA. There were two investigators primarily assigned to go to Prineville and interview people on campus. In addition, the office used three other investigators to conduct witness interviews of people in- and out-of-state. The investigators conducted interviews involving 65 witnesses, including MBA students and staff, along with licensed therapists familiar with individual students. Investigators reviewed documents and photographed materials used as part of the MBA therapy program.

At the same time, the DHS Licensing and Residential Treatment Services (Licensing) program investigated standards for health and safety and looked at MBA's compliance with Oregon Administrative Rules related to their license as a therapeutic boarding school. Licensing accompanied OIT investigators on a site visit to the program on or about March 26 and 27th. Based on the initial information gathered from the investigation, on or about March 31, 2009, Licensing notified MBA that they were prohibited from conducting their own investigation into the allegations of abuse reported records; prohibited from destroying or otherwise concealing school or student records; prohibited from disciplining or threatening to discipline students interviewed during the investigation; and prohibited from conducting Lifesteps activities until further notice. Parents of students were notified of the investigation.

Over the next several months, Licensing spoke with numerous parents and former students, made additional site visits to the program to conduct further reviews of student records, medical records, personnel records, and program procedures and policies. Interviews were also conducted with staff and students. Licensing further reviewed another "emotional growth" curriculum called Transitions that MBA sought to use in place of the Lifesteps program. DHS reviewed the program and expressed concerns to MBA that the Transitions program too closely mirrored the prohibited Lifesteps program. MBA proceeded to offer the Transitions program knowing that such a choice could result in further investigation of MBA.

In October 2009, the Office of Investigations and Training (OIT) completed its investigation and determined that eight allegations of abuse involving five individual students were substantiated against the agency, Mt. Bachelor Academy. The report indicates that the abuse allegations are "exemplars" in that these five clients' experience is not unique and is "substantially consistent" with the experience of all children enrolled in the program. The report further substantiated an allegation of abuse against the Executive Director. The Executive Director either knew of the abusive practices of the agency, or she should have known what was happening under her authority.

COMPLAINT

DHS finds that 8 allegations of abuse are substantiated against MBA and one allegation of abuse is substantiated against the Executive Director of MBA in violation of OAR-407-045-0820(1)(f), (g) and (h). Moreover, DHS finds that MBA is in violation of the following licensing rules: OAR 413-215-0076; OAR 413-215-0606; OAR 413-215-0681; OAR 413-215-0051; OAR 413-215-0676; OAR 413-215-00651; OAR 413-215-0661; OAR 413-215-0681; OAR 413-215-0056; OAR 413-215-0021; OAR 413-215-0046. DHS finds that MBA's abuse and neglect of students and violations of the licensing rules, described below, establishes that MBA poses an immediate and serious danger to child health or safety as follows:


ORDER TO CORRECT CONDITIONS

Based on the findings of the investigations of OIT and Licensing, DHS has determined there are conditions present that pose a serious danger to child safety. MBA's methods of emotional, behavioral and mental health intervention and daily interaction with students perpetuate an environment that poses a pervasive immediate threat which places all children at risk of harm. MBA has subjected students to an "emotional growth" curriculum, including but not limited to the Lifesteps program, as a therapy technique that is harmful and damaging to their health or welfare. MBA has not provided the therapeutic treatment necessary for students to overcome or improve their substance abuse issues, mental health issues, eating disorders and other issues, nor provided qualified staff to treat such conditions. MBA has not provided appropriate educational services, disciplinary processes or physical health services; nor has MBA protected the rights of students or parents to communication and information.

DHS finds that 8 allegations of abuse are substantiated against MBA and one allegation of abuse is substantiated against the Executive Director of MBA in violation of OAR 407-045-0820(1)(f), (g) and (h). Moreover, DHS finds that MBA is in violation of the following licensing rules: OAR 413-215-0076; OAR 413-215-0606; OAR 413-215-0681; OAR 413-215-0051; OAR 413-215-0676; OAR 413-215-00651; OAR 413-215-0661; OAR 413-215-0681; OAR 413-215-0056; OAR 413-215-0021; and OAR 413-215-0046. DHS finds that MBA's abuse and neglect of students and violations of the licensing rules, described above, establishes that MBA poses a serious danger to child safety and that conditions exist that immediately endanger the health or safety of children at MBA and that MBA should immediately discontinue providing therapeutic, educational and residential services until the following corrective conditions are made within the time limits set forth below.

A. Behavior Management

1. Allegations:


2. Corrective Conditions: The following corrective conditions with respect to Behavior Management are required to be completed within 90 days from the date of the order:


B. Therapeutic Services

1. Allegations:


2. Corrective Conditions: The following corrective conditions with respect to Therapeutic Services are required to be completed within 90 days from the date of this order:


C. Treatment Planning

1. Allegation:


2. Corrective Conditions: The following corrective conditions with respect to Treatment Planning are required to be completed within 90 days from the date of this order:



D. Staff Services

1. Allegations:


2. Corrective Conditions: The following corrective conditions with respect to Staff Services are required to be completed within 90 days from the date of this order:


E. Educational Services

1. Allegations


2. Corrective Conditions: The following corrective conditions with respect to Educational Services are required to be completed within 90 days from the date of this order:


F. Children and Family Rights and Grievance Policy

1. Allegations:


2. Corrective Conditions: The following corrective conditions with respect to Children and Family Rights and Grievance Policy are required to be completed within 90 days from the date of this order:


G. Medication Management

1. Allegations:


2. Corrective Conditions: The following corrective conditions with respect to Medication Management are required to be completed within 90 days from the date of this order:


H. Supervision

1. Allegation:


2. Corrective Conditions: The following corrective conditions with respect to Supervision are required to be completed within 90 days from the date of this order:


I. Discharge Planning

1. Allegation:


2. Corrective Conditions: The following corrective conditions with respect to Discharge Planning are required to be completed within 90 days from the date of this order:


J. Incident Reporting and Notifications

1. Allegations:


2. Corrective Conditions: The following corrective conditions with respect to Incident Reporting and Notifications are required to be completed within 90 days from the date of this order:


K. Mandatory Reporting

1. Allegations:


2. Corrective Conditions: The following corrective conditions with respect to Mandatory Reporting are required to be completed within 90 days from the date of this order:


L. Governance

1. Allegations:


2. Corrective Conditions: The following corrective conditions with respect to Governance are required to be completed within 90 days from the date of this order:




NOTICE OF RIGHT

You have a right to a public hearing to contest this complaint pursuant to ORS chapter 183 as to the procedures, findings and orders. ORS 418.327(5) and (6); OAR 413-215-0106(3). Additionally, DHS must five you at least two weeks notice of any hearing and the substance of the complaint and the evidence in support thereof shall be provided to the operator of the organization.

The hearing will be held by an administrative law judge from the Office of Administrative Hearings, as required by ORS 183.635. A hearing will be notified of the hearing date once it has been set. If you wish, you may hire an attorney to represent you at the hearing. At the hearing you have the right to respons to, and to present evidence and argument, on all issues. After the hearing, an order confirming, altering or revoking this order will be issued.

DHS designates the relevant portions of its file, as the record for purposes of this complaint and order.

DATED this 2nd day of November 2009.


                (sig)                                    
Erinn Kelley-Siel, Assistant Director
DHS Children, Adults and Families Division[/list]

DATE of Service:          Initial: