Here's that
Order of Emergency License Suspension for MBA that
DJ provided a link for earlier in this thread, transcribed out for better perusal:
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BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS
STATE OF OREGON
for the
DEPARTMENT OF HUMAN SERVICES[/list]
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[/list][/list]
ORDER OF EMERGENCY LICENSE SUSPENSION AND NOTICE OF OPPORTUNITY FOR A HEARINGBy order of the Oregon Department of Human Services (DHS) your license to operate a therapeutic boarding school is hereby suspended today, November 2, 2009. Effective immediately you must stop providing all services, educational or therapeutic, to children until further order of DHS.
This order is made pursuant to ORS 183.430(2), which authorize DHS to enter an emergency order of license suspension when it finds that the continued practice by Mount Bachelor Academy (MBA) presents a serious danger to the public health or safety and sets forth specific reasons for such finding. This order is also made pursuant to ORS 418.327, including but not limited to subsections (3), (5) and (7), which authorize DHS to issue an interim order requiring MBA to cease all therapeutic, educational and residential services if DHS finds that a condition exists that immediately endangers the health or safety of the children at MBA.
Findings:
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 below, establishes that MBA poses a serious danger to public health or safety, that conditions exist that immediately endanger the health or safety of children at MBA and that MBA should not be permitted to continue operating as a therapeutic boarding school for children and should immediately discontinue providing therapeutic, educational and residential services as follows:
1. Mt. Bachelor Academy is a licensed Therapeutic Boarding School, located in a rural area, 26 miles east of Prineville, Oregon, licensed originally in 1988.
2. MBA admits both male and female students who are from age 14 to 17.5 at the time of admission. The total capacity is 125 students and the length of stay is 14-16 months.
3. In 1998, Mt. Bachelor was re-organized and became a program of Aspen Education group. Aspen was recently acquired by CRC Health Group, Inc.
4. In March of 2009, MBA had approximately 77 staff and 88 boarding students.
5. DHS investigated and determined that eight allegations of abuse involving five individual students were substantiated against the MBA in violation of OAR 407-045-0820(1)(f), (g), and (h).
6. DHS investigated and determined that an allegation of abuse was substantiated against MBA's Executive Director in violation of OAR 407-045-0820(1)(h).
7. MBA violated OAR 413-215-0076(3) regarding behavior management in that MBA required students to engage in an "emotional growth" curriculum included, but was not limited to, the Lifesteps program that was punitive, humiliating, degrading and traumatizing. The "emotional growth" curriculum included, but was not limited to, sexualized role play in front of staff and peers, requiring students to say derogatory phrases about themselves in front of staff and peers, requiring students to reenact past physical abuse in front of staff and peers, permitting staff to engage in the usage of derogatory names, phrases and ridicule of students, and deprivation of sleep.
8. MBA violated OAR 413-215-0076(6) regarding discipline policy in that students were required to engage in self studies and solo experiences for violating behavioral expectations. Self studies and solo experiences included, but were not limited to, strenuous work projects and camping alone on an island and in inclement weather conditions.
9. MBA violated OAR 413-215-0076(6) regarding discipline policy, as indicated in MBA's parent handbook, in that students' access to the bathroom during class time was withheld and/or resulted in punishment for breaking class rules. In addition, students were required to do push-ups and/or run laps as a consequence for breaking class rules.
10. MBA violated OAR 413-215-0076(6) regarding discipline policy in that an entire group of students was punished for the behavior of one student.
11. MBA violated OAR 413-215-0076(6) regarding discipline policy in that MBA utilized bans as a consequence for inappropriate behavior. Bans were reported to last up to a week or longer and include the student not being allowed to talk, touch, or look at others and face the wall during meal time.
12. MBA violated OAR 413-215-0076(6) regarding discipline policy in that students communication with parents was routinely censored as a means of controlling behavior. It was reported phone calls were ended if a student complained, students were told not to divulge any aspect of the "emotional growth" curriculum during telephone calls, and both content and ability to call were used a disciplinary measure.
13. MBA violated OAR 413-215-0606 regarding therapeutic services in that students were not provided adequate therapeutic services for their diagnosis or substance abuse issues, nor were students provided individualized treatment plans or services to address their significant needs. All students were required to participate in the Lifesteps program and other "emotional growth" curriculum regardless of the students' needs or vulnerabilities. Despite DHS' stated concerns, MBA recently introduced what it calls the Transitions program, which closely mirrors the Lifesteps program in that it contains the same deficiencies with respect to requiring participation regardless of students' needs or vulnerabilities.
14. MBA violated OAR 413-215-0681(2) regarding treatment planning in that MBA failed to develop and deliver individualized services to students. All students were required to participate in the Lifesteps program and other "emotional growth" curriculum regardless of the students' needs or vulnerabilities. Despite DHS' stated concerns, MBA recently introduced what it call the Transitions program, which closely mirrors the Lifesteps program in part because it contains the same deficiencies with respect to requiring participation regardless of students' needs or vulnerabilities.
15. MBA violated OAR 413-215-0051(2) regarding staff services in that staff members do not have the background and experience to be able to provide adequate care, safety, protections and supervision of students. MBA has only one staff member who is an Oregon licensed mental health professional, however that staff member reported that he does not meet with every student admitted nor does he regularly participate in the Lifesteps program or "emotional growth" curriculum. There are no staff members with qualifications to treat substance abuse or eating disorders and other mental health diagnosis.
16. MBA violated OAR 413-215-0676(2) and OAR 413-215-0611 regarding educational services in that MBA fails to ensure students have adequate access to education or knowledge of their right to such education. Students are deprived of the ability to participate in academic classes while on self studies, solos or other disciplinary actions.
17. MBA violated OAR 413-215-0606(10) and OAR 413-215-0611 regarding educational services in that MBA fails to meet the definition of a therapeutic boarding school which requires the licensee to be primarily a school and not a residential care agency. It was reported that MBA specializes in adolescents with significant emotional and behavioral disorders, many of whom are likely to have significant diagnosable psychiatric disorders. Such students are inappropriate for a therapeutic boarding school and have clinical conditions beyond the scope of MBA's license.
18. MBA violated OAR 413-215-0046(1) and OAR 413-215-0676(2) regarding children and families rights and grievance policies in that students were denied access to education for behavioral infractions. Students' rights in the student handbook do not include a right to participate in treatment planning and there is no right to file a grievance if the student is not in agreement with the service provided. Students' calls to parents are monitored and censored. Grievance policies and procedures are not made available to parents. Students' mail is opened and read prior to the student receiving it. Students with documented mental health and substance abuse disorders are not given access to appropriate therapy and treatment.
19. MBA violated OAR 413-215-0651(1) regarding medication management in that MBA failed to have medication policies and procedures that ensure the safe management and administration of medication. Medication logs reviewed had errors including but not limited to missing dates, no record of missed doses, no record of method of administration, no identification of the person who administered the medication and no information regarding adverse reactions to the medication. There is no policy or procedure in place that addresses how or by whom medication is administered to students while they are involved in workshops that are part of the "emotional growth" curriculum or while involved in off-campus activities. It was also reported that during Lifesteps students do not always receive their medication. Additionally, some medications used to aid sleep are purposely withheld from students during the Lifesteps program.
20. MBA violated OAR 413-215-0661 regarding supervision in that supervision of students during the La Mancha Lifestep in Europe was inadequate to protect students.
21. MBA violated OAR 413-215-0681(3) regarding discharge planning in that student records lacked any discharge planning or instructions for students prior to or at their departure from school. Additionally, students records lacked documentation that the students or their family were involved any discharge planning.
22. MBA violated OAR 413-215-0681(3) regarding incident reporting and notifications in that incident reports are not maintained in the client files and there were no incident reports for other events, including but not limited to an incident resulting in a concussion.
23. MBA violated OAR 413-215-0056 regarding mandatory reporting in that student records indicate a student disclosed to a staff member prior sexual abuse but there is no indication in the record that the staff to whom the disclosure was made had complied with mandatory reporting requirements. Another student reported disclosing rape while at MBA to staff however there is no indication of a report to law enforcement or children's protective services.
24. MBA violated OAR 413-215-0021(3) regarding governance in that the Executive Director has a substantiated finding of neglect for failing to ensure that individual students received the appropriate therapeutic services and were not subjected to activities that were coercive, intimidating, harassing, and/or humiliating.
Ultimate Findings of Fact: DHS finds that due to MBA's abuse and neglect of students and violations of the licensing rules listed above, MBA poses a serious danger to public health or safety should MBA be permitted to continue operating as a therapeutic boarding school for children. DHS finds that a condition exists that immediately endangers the health or safety of the children at MBA should MBA be permitted to continue providing therapeutic, educational and residential services to children.
NOTICE OF RIGHTSYou have a right to a formal hearing to contest this suspension order. In order to have a hearing, you must request one in writing. You may mail a request for a hearing to Department of Human Services, Attn: Donna Keddy, Program Manager, Residential Treatment and Licensing, 500 Summer Street, NE, Salem, Oregon 97301, or fax a request to (503) 947-5084. If requested, such a hearing will be held pursuant to the Administrative Procedures Act (ORS chapter 183). You have a right to demand that the hearing be held as soon as practicable after DHS receives your written request. Your written request for a hearing must be received by DHS within 90 days from the date this order was mailed or your right to a hearing will be waived.
If you request a hearing, the hearing will be held by an administrative law judge from the Office of Administrative Hearings, as required by ORS 183.635. You will be notified of the date, time and place of the hearing. If you wish, you may hire an attorney to represent you at the hearing. At the hearing you have the right to respond to, and to present evidence and argument, on all issues. After the hearing, an order confirming, altering or revoking this suspension order will be issued.
If you do request a hearing, but later withdraw your request for hearing, fail to appear, or notify DHS or the administrative law judge that you do not intend to appear at the hearing, you will have waived your right to a hearing. In that event, DHS designates the relevant portions of its file, including all materials that you have submitted, as the record for purposes of the emergency suspension order.
DATED this 2nd day of November 2009.
<signature>
______________________________
Erian Kelley-Siel, Assistant Director
DHS Children, Adults and Families Division
DATE of Service: ________
Initial: ________________