Author Topic: RTC teen dies: 8-13-10  (Read 4558 times)

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Offline Ursus

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DEATH INVESTIGATION OF FIVE OAKS CLIENT
« Reply #15 on: September 14, 2010, 10:20:58 PM »
KWHI 1280 — Where News Comes First
DEATH INVESTIGATION OF FIVE OAKS CLIENT

(AUGUST 20TH, 2010)

An investigation is underway into the death of a 17-year old girl at an Austin County residential treatment facility.

The Texas Department of Family and Protective Services confirmed that they are investigating the death of 17-year old Shanice Nibbs, who collapsed July 16th while on a nature walk at the Five Oaks Achievement Center in New Ulm.

Nibbs died last Friday after a long stay in the intensive care unit at the Texas Children's Hospital.

An official with the governor's office confirmed that the agency notified it immediately of the incident and that it was aware that the agency had suspended all placements at the facilities until an investigation was completed.

The Brenham School District renewed a one-year contract in July with Five Oaks to educate Brenham students who suffer from severe disabilities, continuing a relationship the district has had with the facility for almost a decade.

The current principal of the facility is former Brenham school district assistant superintendent Jim Bruce.


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Offline Ursus

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Five Oaks Achievement Center
« Reply #16 on: September 17, 2010, 01:27:22 PM »
The facility's website is pretty sparse:

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FIVE OAKS ACHIEVEMENT CENTER

Thank you for visiting Five Oaks Achievement Center's web-site.

  • Licensed by the Texas Department of Family and Protective Services
  • Approved educational campus by the Texas Education Agency

Five Oaks is located in the beautiful state of Texas, half way between Houston and Austin. Our 24 hour services specialize in the treatment of children and adolescents who may be presenting a combination of behavioral, learning, and social difficulties.

"BUILDING A STRONG FOUNDATION FOR SUCCESS"

    Phone: 979-992-3791
    Fax: 979-992-2828
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Offline Ursus

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Five Oaks Achievement Center - 'About Us'
« Reply #17 on: September 17, 2010, 01:33:17 PM »
From their 'About Us' page:

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About Us

Five Oaks Achievement Center is licensed by the Texas Department of Family and Protective Services. This license assures you of Five Oaks' commitment to provide children and adolescents the high quality care and safety that they deserve.

Staffing ratios are maintained at approximately one staff for every three to four clients, ensuring safety and constant monitoring of behaviors in the children's teaching home, classroom, and community.

Five Oaks is committed to assist each child in attaining the following goals: assist in returning each child to a less structured/restrictive environment; maximize the child's educational, behavioral, physical, and psychosocial functioning; help the child learn appropriate skills for re-socialization in their home environment; help the child learn accountability for their behaviors.
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Offline Ursus

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Misc. lawsuits involving Five Oaks Achievement Center
« Reply #18 on: September 17, 2010, 02:08:30 PM »
A coupla lawsuits involving Five Oaks Achievement Center; these appear to be primarily focused on educational rights and services:

  • Texas Case Law
    COLUMBUS INDEP. SCHOOL v. FIVE OAKS ACHIE., 197 S.W.3d 384 (Tex. 2006)
    No. 05-0414.
    June 30, 2006.

    Five Oaks Achievement Center sued Columbus Independent School District for breach of a contract to provide special education services. The trial court overruled the District's plea to the jurisdiction based on immunity from suit and exhaustion of remedies, and the District took an interlocutory appeal. The court of appeals affirmed. 162 S.W.3d 812 (Tex.App.-Houston [14th Dist.] 2005). The court of appeals held that the District's immunity is waived by section 11.151(a) of the Education Code, which states...
  • Texas Case Law
    CISD v. FIVE OAKS, 162 S.W.3d 812 (Tex.App. [14th Dist.] 2005)
    No. 14-04-00129-CV.
    April 21, 2005.

    In this accelerated interlocutory appeal,[fn1] Columbus Independent School District ("CISD") appeals the denial of its plea to the jurisdiction on the grounds that: (1) Texas Education Code section 11.151 does not provide a waiver of its immunity from suit; (2) a school district cannot waive such immunity by conduct; and (3) Five Oaks Achievement Center ("Five Oaks") did not adequately exhaust its administrative remedies before filing suit. We affirm.

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Five Oaks is also mentioned in the following case, albeit not as a plaintiff or defendant. Said mention isn't found in LoisLaw's free summary, however, but can be found within google search results listings:

  • Loislaw Federal District Court Opinions
    MARCUS v. STATE (Hawaii 10-21-2009)
    Civ. No. 08-00491 DAE/BMK.
    October 21, 2009

    On October 20, 2009, the Court heard Plaintiffs' appeal of a decision rendered by an administrative hearings officer concerning the appropriateness of a student's individualized education program. Matthew C. Bassett, Esq., appeared at the hearing on behalf of Plaintiffs, Deputy Attorney General Joanna B.K.F. Yeh appeared at the hearing on behalf of Defendant Department of Education ("DOE"). After reviewing the appeal, and the supporting and opposing briefs, the Court AFFIRMS the Hearings Officer's Findings of Fact, Conclusions of Law and Decision.

Google search listing sniplets which link to this case:

For "five oaks achievement":

    "Loislaw Federal District Court Opinions - MARCUS v. STATE...
    ?
    Pay-Per-View - Loislaw Federal District Court Opinions - Oct 21, 2009
    ... Kilborn Mary Auvil and Denise Guerin Additionally administrators of a residential school in Texas Five Oaks Achievement CenterFive Oaks participated by ... "
[/size]
For "Denise Guerin" + "five oaks":

    "Loislaw Federal District Court Opinions - MARCUS v. STATE...
    ?
    Pay-Per-View - Loislaw Federal District Court Opinions - Oct 21, 2009
    ... education teacher and Denise Guerin a District Education Specialist Not ... Randall Bryant Executive Director Page 7 for Five Oaks Denise Guerin and ... "
[/size]
For "special education" + "five oaks":

    Loislaw Federal District Court Opinions - MARCUS v. STATE...
    ?
    Pay-Per-View - Loislaw Federal District Court Opinions - Oct 21, 2009
    ... with autism who is eligible to receive special education and related services ... of a residential school in Texas Five Oaks Achievement CenterFive Oaks ...
[/size]
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Offline Ursus

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Questions raised over teen's death at facility
« Reply #19 on: September 18, 2010, 06:41:27 PM »
Questions raised over teen's death at facility
Employees' lack of first aid knowledge may have contributed

By TERRI LANGFORD
HOUSTON CHRONICLE

Aug. 21, 2010, 10:24AM


Just eight weeks before a 17-year-old Houston foster child died in intensive care after collapsing from heat exhaustion during a nature walk in 90-degree temperatures, another teen from the same facility was hospitalized for an untreated staph infection in the knee.

A month earlier, Texas Department of Family and Protective Services officials found at least seven employees at the Five Oaks Achievement Center, a residential treatment facility 72 miles west of Houston, were lacking in first aid and CPR certification.

State investigators now are looking into whether Five Oaks staff's lack of first aid knowledge or other factors played a part in last week's death of Shanice Shamika Nibbs.

Her death comes two months after the Houston Chronicle and Texas Tribune reported details of 250 confirmed abuse incidents that occurred in RTCs, where the state's foster children with developmental and emotional problems are placed.

Spent weeks in ICU

Nibbs languished for weeks in intensive care before dying from "complications of hyperthermia" after her July 16 collapse. DFPS, the agency responsible for both the care of the abused children and the facilities it licenses, insists Five Oaks, the RTC where Nibbs and at least 22 other foster care children lived, is safe.

It has, however, stopped placing children at Five Oaks as it investigates Nibbs' death.

"The children there have an established relationship with their caregivers," said Patrick Crimmins, DFPS spokesman. "Each child was interviewed after the July 16 incident involving Shanice. From those interviews with the children, and from our intense and ongoing discussions with the facility operators, we feel those children are very safe."

DFPS visits since 2008 show that Five Oaks, one of the state's 79 RTCs, has had some difficulty managing routine health and child discipline tasks. The facility declined to answer questions about its history that included:

On June 24, DFPS found a child's paperwork indicated no allergies, though medical records indicated otherwise.

On June 16, the 14-year-girl was hospitalized for a staph infection left untreated for a month.

On April 24, overnight staff members were found by DFPS not to have proper training to supervise children, and staff records indicated seven employees did not have current certification in first aid and CPR.

On March 8, six out of eight residents informed DFPS staff that Five Oaks employees had relied on restraints or "emergency behavior intervention" to get them to do as requested. Because this is a facility for the most difficult foster children, it is not known if these restraints were correctly applied or not.

On May 1, 2009, five Five Oaks children told DFPS staff that they were required to make their beds before they had access to the bathrooms in the morning. State-contracted facilities are not allowed to use food, sleep or access to toilets as a way to get a child to comply.

Attended Alvin High

The Chronicle's attempts to reach Nibbs' family were unsuccessful.

A memorial site for Nibbs on the Internet revealed she attended Alvin High School for a brief period.

The agency confirmed that Nibbs first came into foster care in Houston when she was just 6 years old in November 1999. From then until her death, she was placed in at least a dozen homes before coming to Five Oaks in February after eight months at a psychiatric facility.

Calls to a lawyer who represented Nibbs in CPS court proceedings were not returned.

Still unknown is exactly what time Nibbs began feeling ill from the heat. The first call to the Austin County Sheriff's Office from the facility came at 2:58 p.m. on July 16.

Temperatures at noon on that day reached 93 degrees. It also is unclear whether the call came from Five Oaks immediately or after first aid failed to revive Nibbs.

Little information given

Neither the state nor the facility will say exactly how many staffers were on the "nature walk," how long it was or what kind of hydration was available to the girls.

"Five Oaks Achievement Center has experienced a loss that we are deeply saddened by," said Randall Bryant, the facility's chief executive in a prepared statement regarding the facility's only child death. "Due to federal and state laws regarding privacy and confidentiality, Five Oaks Achievement Center is prohibited from disclosing information regarding its residents."

A mental health professional, who asked that her name not be disclosed, said Nibbs enjoyed rap music and was often seen singing and dancing to songs she knew or those she had written herself.

"I am hopeful that the sad circumstances of her death will result, in the least, in the world seeing a portrait of the compassionate young girl inside her that so few people had the opportunity to know," she said.

[email protected]


Copyright © 2010 The Houston Chronicle
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Offline Ursus

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Comments for "Questions raised over teen's death at facility
« Reply #20 on: September 20, 2010, 06:17:44 PM »
Comments left for the above article, "Questions raised over teen's death at facility" (by Terri Langford; Aug. 21, 2010; Houston Chronicle):


Rose1958 wrote: 8/20/2010 10:48:40 PM
    The problem with most of the staff at these facilities is that they are low paid and often minimally educated on how to properly deal with these persons. One day they are working at McDonald's the next they are working in a rehab facility for trouble children. I work within the system, I know. Trust me they know how to put the dog and pony shoes on for state inspectors but go there unannounced and see what is found.
    God bless Miss Nibbs.. rest in peace now.
Jeff_n_HOU wrote: 8/21/2010 12:52:15 AM
    First aid training would help them to identify the signs of, and start treatment of, heat exhaustion. A staph infection on the other hand would need a doctor's attention.
GFBrown2 wrote: 8/21/2010 12:53:06 AM
    This is just sad and when you compare this story to the one about state legislators double-dipping on their per diem, it just makes you sick.Rick Perry and his friends have all the tax money they want to live High on the Hog, but there is never enough money to take care of these helpless children and adults.
    These things will continue to happen until we FORCE our public officials to do the right thing.
sped6348 wrote: 8/21/2010 1:31:43 AM
    "....at least seven employees at the Five Oaks Achievement Center, a residential treatment facility 72 miles west of Houston, were lacking in first aid and CPR certification."
    =============
    This is simply poor hiring and management procedures. If the prospective employee does not have the necessary health certifications and you want to hire them, have them agree to secure the certifications as a condition of employment then follow up on it to be sure the certificates are acquired. It is done frequently!!!
truthliberates2 wrote: 8/21/2010 3:11:31 AM
    These types of foster care facilities are a haven for child abusers. No regulation and no one cares.
mmmckinn wrote: 8/21/2010 4:22:07 AM
    Staff is not the first line of the problem. The family that failed this child, forcing her into Foster care is the first line.
pumpcan wrote: 8/21/2010 4:44:22 AM
    But it's the government and the government is the final word in how to care for children, how much money you're supposed to give to others and what political, moral and economic opinions you're supposed to have. There's no way they did something wrong.
dumbfounded wrote: 8/21/2010 7:31:19 AM
    I can't believe everyone misses the fact that a 17 year old young adult can't take a walk outside without falling out?People are so out of shape these days.
BigTex79 wrote: 8/21/2010 7:57:50 AM
    Poorly paid staffers, poorly managed facilities, and poorly funded programs by our legislature- I mean we pay more attention to how much the state is paying rent for the governor's residence than how much we spend on troubled youth- can you really expect any better results?
    Our state can spend $3 billion on cancer research- research the feds should pay for (Thanks a lot, legislature (one legislator, in particular!) and the bond lawyers!) but cannot spend adequate funds on trouble youth? We have DEFINITELY got our priorities wrong!
msminnie wrote: 8/21/2010 8:12:31 AM
    And I have made countless attempts to become a foster/adoptive parent. I'm employed and college-educated. Guess I'm not as good as the folks at such facilities as I'm single, black and live in a 1 BR apartment. And yes, I know that a lot of these kids at the RTCs have severe physical/mental issues, but there are plenty that just need some emotional stability and a lot of love.
falconer wrote: 8/21/2010 8:12:46 AM
    that is too bad that these kids are failed again and again. first by their parents and then by foster parents and to top it off by these type of places that are supported by the government and where they should be taken proper care of but instead are neglected and abused in some sort of way.
3v3y wrote: 8/21/2010 8:28:19 AM
    1. Staff needs to know the signs of heat exhaustion.
    2. Staff need to know and understand any pre-existing medical conditions, allergies, and the medications that residents may be taking. Remember these are emotionally troubled kids, who may be on meds for ADD, depression, or any number of other psychological/psychiatric issues. These medications often have side effects including respiratory distress, heart palpitations, intolerance of heat/exertion, shortness of breath, blood pressure spikes, etc.
    3. A staph infection can result from many things, some of which could have been prevented by proper cleaning and care of the wound from the time it was acquired. Keeping an eye on such an injury, the staff should have realized quickly that it was not healing and required professional care.
    4. Most people commenting here (and I would bet most of the staff caring for these kids), do not make their beds before having a pee in the morning.
    5. Being knocked around from foster care to facility and back and forth since the age of 6---hard to see how anything good comes from that scenario.
    These places need to be run by trained professionals who have accountability--not minimum wage lackeys who are as disturbed as the kids.
catspaw wrote: 8/21/2010 8:50:25 AM
    The CPS and foster care system is broken from the bottom up and needs to be looked at with a legal and moral eye by people who value children and the future.
    Texas ranks near the bottom of states in child services from education to CPS. The USA is one of two world nations that still thinks children are property not people. This is proof of the American way. The problem is the system.
mojito wrote: 8/21/2010 8:55:35 AM
    You get what you pay for state of texas ! Better pay for state employees will equal better qualified social workers, cps workers, and on down the line ! Wake people because its going to get worse ! Blah Blah Blah ! Do something instead of just commenting on this rag ! Call your state legislators, call Bill White's office, call Rick Perry's office and make some noise ! This state pays bare minimums to its social workers and the children are the ones who will suffer !
Phoenix.Is.Rising wrote: 8/21/2010 9:02:04 AM
    GFBrown2 wrote:
    This is just sad and when you compare this story to the one about state legislators double-dipping on their per diem, it just makes you sick.Rick Perry and his friends have all the tax money they want to live High on the Hog, but there is never enough money to take care of these helpless children and adults.
    These things will continue to happen until we FORCE our public officials to do the right thing.
    ~~~~~~~~~~~~~
    Stopping the illegal drug business ahould be FIRST on the list! Do you have ANY idea how many of these children were born with drugs in their system? If the drug traffic was stopped, more children would be born without these problems that led to being placed in these facilities.
BrendaLopez wrote: 8/21/2010 9:16:52 AM
    Texas ranks number 50 in mental health care. That is sad right there and that is part of the problem. The other part of the problem is that we need to realize that this is a newspaper looking for the story. There is another side. These may have been caring adults that had the children's best interest at heart and it was nothing more than a terrible tragedy. Just because they are the "newspaper" doesn't mean they get their facts straight. In fact, most of the time they do not from my experience! Especially the liberal Chronicle!
Sarah1 wrote: 8/21/2010 11:01:19 AM
    msminnie wrote:
    And I have made countless attempts to become a foster/adoptive parent. I'm employed and college-educated. Guess I'm not as good as the folks at such facilities as I'm single, black and live in a 1 BR apartment. And yes, I know that a lot of these kids at the RTCs have severe physical/mental issues, but there are plenty that just need some emotional stability and a lot of love.
    Ms. Minnie, the second part of your post is correct. The first part gives me problems. First off, being single and black is really not an issue at all. The issue that gets most people rejected as foster parents is the lack of space (move to a 2+ br apt.) or a recent criminal background. Take care of those 2 issues and I'm sure you'll be successful.
Topogejo2 wrote: 8/21/2010 11:52:22 AM
    This is always so sad for the children. They are removed from bad situations only to be placed in many that are worse. Who will save the children and who will love them? Michelle Obama is so worried about them eating right and getting toys from McDonald's. How about worrying about them eating at all or having a safe place to lay their head? Our Government is so fake in it's off the track caring for the us. CPS is overwhelmed (always), no funding, lack of training and our kids are always the victims. The same goes for the other spectrum of our precious old folks. The Nursing Homes charge exorbitant prices and pay the employees so little that the elderly are subjected to a miserable life in 90% of the homes. Does our country do anything about the conditions on those homes? HELL NO! These folks paid into SS their whole lives and this is the end? So when I see Congress truly understand the working class life that they are so determined to tax us to death then and only then will I have faith in our leaders.
dumbfounded wrote: 8/21/2010 12:12:05 PM
    why does everyone think the government (THAT'S US) should take care of these kids.They have parents that need to be held responsible.I heard they want women who want an abortion to get a psychological exam.I think people that want kids should have to do the same,i mean c'mon folks.
mystique wrote: 8/21/2010 1:06:15 PM
    mmmckinn wrote:
    Staff is not the first line of the problem. The family that failed this child, forcing her into Foster care is the first line.
    -
    Perhaps but we don't know the circumstances surrounding the reason why the child is in foster care. At 4 y/o, my neice had lost both of her parents.
    Fortunately I was able to raise her. Not all families have someone who will or can take in a child.
mystique wrote: 8/21/2010 1:14:04 PM
    dumbfounded wrote:
    I can't believe everyone misses the fact that a 17 year old young adult can't take a walk outside without falling out?People are so out of shape these days.
    -
    No we didn't miss the fact. You might find it dumbfounding to know, heat exhaustion or heat stroke can happen to people in the best of shape. It is all about the body overheating and lacking hydration.
displaynamehere wrote: 8/21/2010 4:08:39 PM
    My child has emotional and behavioral problems. He goes to a specialized campus that attempts to deal with his problems. At least 80% of the other students on his campus live in RTCs. These children are VERY HIGH MAINTENANCE!! Aside from RTC staff being underpaid, the biggest problem is no one wants to do their job. Who wants to go to work knowing there is a high chance that some kid may take a swing at you, cuss you out for no legitimate reason, throw something at you, and basically abuse you in some way? That is what happens. I think most ppl forget those things when they read this story. I AM IN NO WAY CONDONING WHAT HAPPENED TO THIS GIRL. I am only trying to point out WHY the staff at some RTCs might be substandard. I think it is b/c no one else wants the job anyway. Telling politicians to fix it is somewhat passing the buck in my opinion. Maybe more ppl should volunteer in some way to help out with these kids. Help out at an RTC, help the neighbor with the "bad" kid. But usually it is much easier to pick apart what is being done wrong instead of trying to help fix it. Just my biased 2 cents...


Copyright © 2010 The Houston Chronicle
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