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Activity:
Carolina
Springs Academy
Date:
3/17/99
(Suspected
unlicensed Residential Treatment Facility for Children &
Adolescents)
Standards contained in sections of
Regulation 61- 103 were Not Met as indicated
below. Please state corrective action taken or planned
to be taken in space below statement of violation cited,
and return this form. Do not identify any patient,
client, resident, staff member (other than the
administrator) by name on this form
Item/Section/Class
Description/Corrective Action taken to
correct and prevent recurrence and date of completion
As a result of advertising observed in
the March, 1999, Southern Living Magazine and
information on the Internet dated February 19, 1999, in
addition to numerous concerns raised from a previous
visit, representatives of this office made an
unannounced visit to this location on March 17, 1999. In
addition to the representatives from the health
licensing section of the Department, representatives
from the Department’s Bureau of Drug Control, the
Commissioner’s Office, the Office of Fire and Life
Safety as well as representatives from the South
Carolina Department of Social Services were also
present. An administrative search warrant was secured
in advance from the local magistrate prior to accessing
the premises for the following purposes: 1) to determine
whether the operation was functioning as an unlicensed
residential treatment facility per advertising that had
been observed and 2) to expand preliminary information
gathered during our earlier visit of
January 13,
1999.
The inspection began at approximately
12:15 PM. Upon announcing our arrival, we were met with
resistance from facility staff as we were told that Mr.
Byars (the operator) was not on the premises. We were
told that he was in Anderson, S.C. "meeting with his
attorney." Facility staff contacted Mr. Byars by
telephone. In speaking by phone with a Department
representative, Mr. Byars demanded that no inspection(s)
begin until he arrived. Mr. Byars was informed that
Department staff intended to begin the inspection. A
search warrant was served and representatives began the
investigation. Upon his arrival on the premises
approximately thirty minutes later, Mr. Byars was
observed by DHEC representatives to run to a rear
building which housed a large number of children on the
property.
FINDINGS OF INVESTIGATION:
Pursuant to S.C. Code of Laws of 1976 as
amended, Section 44-7-260 et.seq., a residential
treatment facility for children and adolescents is
defined by Regulation 61-103, Standards for Licensing
Residential Treatment Facilities for Children and
Adolescents, Section A.(1)(o) as:
"A facility operated for the assessment,
diagnosis, treatment, and care of two or more children
and/or adolescents in need of mental health treatment
which provides:
(1) a special education program with a
minimum program defined by the South Carolina Department
of Education (DOE);
(2) recreational facilities with an
organized youth development program;
(3) residential treatment for a child or
adolescent in need of mental health treatment."
As a result of this investigation, it was
determined that the operation at this location was
functioning as an unlicensed residential treatment
facility for children and adolescents as evidenced by
the following information gathered:
Academic Program
Advertising for Carolina Springs Academy
available on the Internet under websites for Adolescent
Services, Inc. and ‘defiant teen.com’ listed Carolina
Springs Academy as a "specialty school" for defiant
teens and read as follows:
"The academic program offers innovative
techniques that allow students to maximize the learning
process and earning of credits. With close support from
a teacher/tutor, students are able to move effectively
through their academic courses. Course credit is based
on mastery of the subject matter. Students are not held
back by other teens in the class, lesson plans,
teachers’ schedules, course offerings, or class
availability. The student receives credit when he/she
demonstrates that the subject matter has been mastered.
The academic program is a performance-based system. A
large selection of required and elective classes is
offered. Students are able to complete required credit,
and even earn advanced credits in Math, English,
Science, History and Physical Education, and many
elective classes. The student’s transcripts are
evaluated upon admission to the program, and the student
is assisted in designing an ambitious course of study.
In order for the student to earn credit for a class and
move on to the next course of study, each class must be
passed at a level of 80% or better. This means students
must earn A’s or B’s. The requirement ensures that the
teen has truly mastered the material before he/she
receives any credit for the class." This advertisement
appears to indicate a special educational program is
offered at the facility.
At the time of this investigation,
representatives of the Department observed the
organization’s enrollment agreement with legal guardians
of the adolescents . This agreement indicated that room
and board, behavior modification, supervision, and
academic programs were provided by Carolina Springs
Academy. Department representatives observed numerous
indications that an educational program was offered: a
large quantity of essays written by the residents, some
books, and numerous educational videos on various
subjects were observed. Information gathered from a
private resident interview indicated that residents were
told by the operator that residents/students would
receive credits in "home ec" for any meal preparation or
other work performed in the kitchen of the facility.
Again, their observation indicated a special education
program was offered and in place.
Organized Youth Development Program
Information available on the Adolescent
Services, Inc. and ‘defiant teen.com’ websites describe
"activities" at Carolina Springs Academy:
"On and off ground activities provide a
proper balance of recreation, exercise, learning,
personal development and social opportunities. Initially
all activities are on grounds. Over a period of time,
students may earn the privilege of participating in
off-grounds activities. The facility is located on a
gorgeous mountain area which is conducive to a number of
outdoor activities such as: fishing, hiking, kayaking,
rafting and cross country skiing. Other activities
include movies, bowling and cultural events."
Information obtained from a variety of
sources, such as the enrollment agreement, revealed the
operation of a highly organized youth development
program. Representatives observed statements in the
facility’s enrollment agreement which indicated that
"supervision" was provided and that as residents moved
from lower to higher levels of ranking within the
overall program, supervision to off-campus activities
like shopping, going for pizza or to movies in a nearby
location were made available. This was reported to
representatives by the operator and was also confirmed
through conversations with several residents/students.
It was reported by the operator and other residents that
residents who achieved a level five (5) or six (6) were
referred to by other residents/students as "Junior
Staff." It was verified through both on-site observation
as well as information obtained through interviews that
residents/students who had achieved "Junior Staff"
status, were utilized in the on-going organization of
activity with other resident/students, in the
supervision of other resident/students, in the conduct
of personal individual and sleeping area searches, etc.
It was also determined by Department representatives
that resident/students who had achieved this status were
housed in the upstairs of the large brick house, which
also served as the personal residence of Mr. Byars, the
operator of this program. "Junior Staff" were also
reported to live in a separate, converted, red, utility
shed at the back of this large house. All other
resident/students lived in a multi-purpose building at
the back of the property.
Residential Treatment Program
Information advertised regarding Carolina
Springs Academy under the Adolescent Services, Inc.
and‘defiant teen.com’ websites as well as other related
websites on the Internet on February 19, 1999, states:
....."Carolina Springs Academy also
provides an atmosphere for teens struggling with
self-esteem and emotional growth. .... "Behavior
Modification - High standards exist. Inappropriate
behavior is confronted, given consequences, and
redirected, while appropriate behavior is reinforced and
rewarded. The program offers tight supervision around
the clock. Each student follows a vigorous daily
schedule and a firm set of rules. A merit system is
used, requiring each student to earn his status and
privileges through a standard program using a
multi-level system based on positive behavior. As
students advance, each level offers additional
privileges motivating the student to work harder. The
program becomes the testing ground to ascertain each
student’s level of commitment toward changing past
behavior."
"Emotional Growth Courses - Students
participate daily in tightly-integrated emotional growth
and personal development courses. Group feedback
sessions are key in this program for developing
self-awareness. During these sessions students begin to
open up and learn to communicate appropriately; it also
teaches them what is or isn’t working in their lives.
These courses effectively utilize resources such as
audio and video tapes, selective reading material, and
group feedback sessions."
Observations and information gathered by
DHEC representatives confirm that the organization
operates a highly structured youth development program.
Adolescents who are first admitted to the facility begin
with a program designation of "Level 1" where few, if
any, privileges or permission to make personal decisions
are granted to the individual. Such restriction includes
the wearing of certain articles of clothing, jewelry,
make-up, participation in any off-grounds activities,
phone calls or letters to friends or parents, to
restrictions on the individual’s daily routine. A
structured daily schedule posted by the facility on
Internet advertising read as follows:
"Carolina O & A Daily Schedule
7:30 a.m. Wake-up, Prepare for fitness
7:40 a.m. Morning Fitness Session
8:15 a.m. Personal Hygiene Prepare for
Day
8:45 a.m. Breakfast
9:15 a.m. Breakfast Clean-Up
10:00 a.m. Study Skills Projects
11:00 a.m. Privileged / Leisure Projects
12:00 p.m. Lunch
12:45 p.m. Lunch Clean-Up / Afternoon
Chores
1:30 p.m. Quiet Time / Appropriate
Reading
2:30 p.m. Privileged / Leisure Projects
3:30 p.m. Study Skills Projects
4:30 p.m. High Performance Activity
6:00 p.m. Dinner
6:45 p.m. Dinner Clean-Up
7:30 p.m. Group Activity or Self
Improvement
9:30 p.m. Group Reflections and Feedback
10:15 p.m. Hygiene / Prepare for Bed
10:30 p.m. Bed Time / Lights Out
11:00 p.m. Conclusion (Quiet)
Following demonstration of the
individual’s willingness and ability to perform to the
facility’s expectations, the individual is gradually
promoted through a series of "levels", with the highest
being "level 6" until graduation and discharge from the
program. Individuals are judged by their demonstrations
of proper staff interactions, mealtime manners, proper
respect for other students, group reflections and
feedback sessions and strict observance of rules and
regulations of the facility.
To ‘graduate’ from one level to the next,
each participant must undergo a ‘voting’ process by the
peer group to which he/she was assigned and under which
system, Mr. Byars reportedly carried 51% weight of the
vote. As individuals moved up through various levels,
more personal freedoms, such as permission to attend
off-premises activities such as shopping, movies, going
for pizza and wearing make-up and/or jewelry were given.
Some individuals, through the designation of "Junior
Staff", were utilized in the conduct of monitoring and
organization of the larger group of adolescents. "Junior
Staff" assisted in such functions as monitoring lower
level participants’ daily routines, keeping track of
other residents/students whereabouts, performing
personal ‘body searches’ and searches of personal
quarters of other residents/students, accompanying other
students on walks around the grounds, etc.
Description of Living Quarters and
Advertising
As the investigation commenced, one DHEC
representative toured the large home with a
representative from DSS. The first floor contained an
office area at the front of the home where there were
several desks and computers, telephones, and file
cabinets full of records and other information. At least
four female staff were working here, one of whom was Mr.
Byars’ wife. One of these other individuals was
identified by the DSS representative as being a
representative of World Wide Association of Specialty
Programs. There were at least four male staff on the
premises, one, Mark Bolte identified himself as a
"Resident Manager." Mr. Richard Byars and his attorney,
Mr. John J. Stathakis from Anderson, S.C., and a third
individual arrived on the premises reportedly from the
attorney’s office in Anderson, S.C. about thirty minutes
after the investigation began. The third individual was
identified by the DSS representative as Narvin
Lichfield, President of Adolescent Services, Inc.
When asked about the advertising for "Carolina O & A"
that DHEC representatives had observed in Southern
Living magazine and on the Internet, Mr. Stathakis
stated that advertising "had to be purchased six months
in advance" and that they had contacted the magazine to
have the ad changed. He also indicated that it was the
fault of "those stupid people at ASI" and that "we are
separate - there is absolutely no connection between
us...." The ad in Southern Living indicated the
toll free phone number to contact "Carolina Springs,
1/800-965-9450" was the same toll free phone number
listed to reach "Adolescent Services, Inc."
Additionally, a document entitled an "enrollment roster"
for the period 9/23/98 through 11/30/98, provided to
DHEC representatives by Carolina Springs staff revealed
at least five names indicating residents/students who
had been ‘referred’ by ASI (Adolescent Services, Inc).
Fourteen other individuals were listed as referrals from
"Teen Help" and nine others had only a "?" listed for
referral source.
Representatives found the first floor of
the large house also contained a large kitchen, a living
room, one large bedroom and another bedroom, identified
as rooms used by Mr. Byars and his family. There was an
additional computer and desk in the foyer/stairway
landing. The second floor of the home contained a large
area to the left of the stairway that was under
renovation, according to staff member, Bill Owens, to
install a bathroom. Three additional rooms existed
upstairs which contained a combination of bunk beds and
single beds for a total of twenty-three (23) beds for
residents/students. One of the beds was occupied by a
boy who was sleeping and who never awoke while we were
visiting. It appeared that all of the beds were occupied
although most beds did not have sheets and blankets.
In one room, a cardboard box was observed with papers
which included several essays written regarding biology
subjects. No functional
bathroom was noted to be operational in the large house.
Two representatives (one from DHEC and
one from DSS) also visited a red, utility building
behind the large house where it was observed that three
(3) beds with dressers and night stands were on the
first floor and five (5) beds with dressers and night
stands were on the second floor. The floor was not a
finished floor with floor covering, etc. One stairwell
(with open steps) was noted to lead up to the second
floor and was the only means of egress. It appeared that
female residents lived here and through later resident
interview, it was confirmed that the higher ‘level’
(Levels 5 & 6) girls were housed here. There was no
indoor plumbing and the only source of heating and
cooling appeared to be a combination A/C and heating
window unit which was plugged into the wall. The
receptacle was without a switch plate cover. Two
port-a-johns that were being regularly used were at the
left side of the building. Trash and debris from
painting and construction was noted to be at the rear
and side of this building. A total of thirty-one
(31) resident/student beds were noted to exist at the
front end of the property. A current census list
demonstrated that sixty-two (62) residents/students were
currently on the premises. This list reflected the names
of the individuals, dates of enrollment, point of
origination, and which agency had referred them to
Carolina Springs Academy. One document observed
indicated that at least twenty (20) youths had
originated from Morava Academy in Brno, of the Czech
Republic, one from Tranquility Bay, in Mandeville,
Jamaica, two from home in Georgia, one from home in New
York, one from home in California, one from home in
North Carolina and one from home in Arkansas.
It
was also noted that at least three vehicles on the
premises had license plates from the state of Utah. One
was a maroon Mercedes believed to belong to the
Director, license #474-ZUK. Another vehicle was a
maroon pick-up truck, license #104-2KD. A blue and
silver van with a handicap plate, license #15246, was
also believed to belong to the Director and his wife.
Mrs. Byars was observed frequently moving the van back
and forth between the large house in the front and the
facility at the back of the property.
Documentation Review and Medication
Regimens
Department staff reviewed documentation
of information the facility had received from parents
was reviewed and indicated that one adolescent had a
reported I.Q. of 145. Another document indicated that an
individual had a diagnosis of "bi-polar disorder."
Information on approximately thirteen other
residents/students was reviewed. An enrollment agreement
which outlined services such as: "room and board,"
"behavior modification," "supervision," "academic
programs" and "authorization for behavior modification
and the use of restraints" was observed. The agreement
further advised that medication was "self-administered
by the student under the general supervision of a
non-medical staff member." Upon interview, Mr. Byars,
the director, indicated that staff persons prompted
individuals when to take their medications. A second
resident/student’s records indicated that a
psychological evaluation had been done by a psychologist
used by the organization on March 24, 1998, and that
a physical exam for yet another resident had been
performed at the Montomery Center for Family Medicine in
Greenwood, S.C. on December 10, 1998. Information on
a fourth resident indicated that he had been referred by
a psychologist for "emotional and behavioral problems."
Admission documentation for one young lady indicated
that "residential treatment center" was the recommended
level of care. Other information observed for six
other residents/students indicated that medications such
as Paxil 30 mg po hs., Zoloft 50 mg. qd., Ritalin,
Catapres (for Tourettes), Prozac 20 mg., Clonidine,
Wellbutrin, Lithium (300 mg. qid.), Atarax, Depakote 250
mg. bid. and Dexedrine 15 mg., were prescribed. Actual
medication administration records kept by facility staff
were also observed. These records indicated that
medications Lithium and Atarax had either not been
offered or had been refused by the resident/student over
50% of the time to date for the current month. Another
individual’s medication regimen for Depakote 250 mg.
bid. and Zoloft 50 mg. qd. indicated four refusals of
the medications in four days. Another resident/student’s
medication records indicated that the medication "Zoloft
50 mg. qd. 8AM" had been "refused" on eight different
occasions and not offered twice in the previous
seventeen day period.
Medications were kept in a locked cabinet
in the dining/recreational/educational area of the large
building at the rear of the property. Medication records
observed indicated that staff were prompting
residents/students to take their medications and that
staff watch to make sure medications are in fact taken
and staff initial the record. Two representatives from
the Bureau of Drug Control as well as other DHEC
representatives observed this area.
Sanitation and Fire/Life Safety
Representatives from the DHEC Office of
Fire and Life Safety toured all living and sleeping
units. A separate report was written by these
representatives. One of these representatives reported
having access to a plumbing wall behind the female
showers and that above each shower was an uncaulked area
that could allow an observer to look into the shower
area.
Representatives observed a number of
other items of concern as they toured the surroundings:
l) the lunch meal was being prepared by
the youths themselves instead of by staff;
2) there was no functioning hood above
the stove in the kitchen;
3) the refrigerator was soiled;
4) there was no thermometer in the
refrigerator;
5) food such as onions, potatoes, and
oranges was stored on the floor;
6) bread was open and uncovered in the
dry storage area;
7) there was no soap or individual towels
at the sink for hand washing;
8) the can opener was very soiled with
dried food residue;
9) there were no ‘test strips’ to test
the sanitizing rinse for the dish water;
10) there were open areas in the kitchen
wall which would allow rodents to enter;
11) dirty dish rags were in a pile on the
sink;
12) there was no documentation of a
contract with a registered dietitician although the
director indicated there was a contract;
13) there were open, personal drinks in
the refrigerator;
14) kitchen floor was not sealed at
edges;
15) five chickens were thawing in water
in one of the compartments of the sink next to a pile of
soiled dishes;
16) kitchen floor tile was broken and
edges were soiled.
Interviews
One of the facility staff, Bill Owens,
accompanied department representatives on the tour of
the facility. He reported that he "does a little of
everything" to include maintenance around the facility
and that he functioned as a "transporter for Teen Help
and
ASI". He indicated that he had made
several trips last week and that he had brought someone
to the facility from North Carolina. He stated that
"sometimes he flies, sometimes he picks them up from the
airport in Atlanta, GA. or Greenville, S.C." When asked
who pays for his services he responded, "the company."
He reported that the organization also works with a
"professional security company out of Florida.... a
company that provides security for celebrities and
such...."
As DHEC and DSS representatives came down
the stairwell back to the first floor, two young men
arrived and were beginning to go upstairs. We asked if
we could accompany them back upstairs to talk and they
indicated that we could. Both gave us their names and
ages (17 years of age). One reported that he was from
the Chicago, Illinois area and the other from San Diego,
California. The young man from San Diego reported that
"he’d been in trouble with the DEA and that he knew that
his parents had paid $2,000 to Teen Help to get him and
send him to a camp." When asked what he had been doing
to involve the interest of the DEA, he replied,
"Marijuana and cocaine...." Both reported that they had
been former residents of the Morava Academy which had
been closed in the fall of 1998 by authorities. The
young man from Chicago was asked what had happened in
Morava and he reported: "One night a guy flipped out and
had to be restrained on the floor. It scared staff and
they ran to the police. It all got blown out of
proportion ... the place was closed down and we were
sent here." The young man from Chicago had just returned
from his first "home visit" in 11 months. He reported
that he was a "level 6" and that he "would be leaving
soon". He was elated. He reported that earlier, he would
have fought with his sister but now instead, rode ten
hours both to Chicago and back with her without
incident. The other young man reported that he was a
"level 5" and that both of them functioned as "Junior
Staff." Both reported that the program had done
"positive things" in their lives. The young men reported
that the computer in their bedroom was used for "school
work" and that the one downstairs was for the
"organization". They reported taking part in regular
"group sessions" that were often led by "Junior Staff".
The young man from Chicago
excitedly reported that the program was "awesome" and
had taught him how to avoid "non-working" friends in his
life. When asked to explain what he meant by
"non-working friends", he could not provide more
information. When the question was re-phrased, and he
was asked what characteristics he would avoid with new
acquaintances in the future, he was unable to respond
and instead, had a puzzled look on his face. He remained
quiet for the rest of the interview.
The young men had demanded to know who we
were and what we were doing, reporting that they had
seen one former facility closed and didn’t want that to
happen again. They were especially hostile toward the
DSS representative, reporting
that they had recognized her from the Courtroom in
previous hearings between DSS and the facility.
We relayed to them that the people of South Carolina had
enacted laws that govern facilities like the one in
which they were living and that we were there to ensure
that such laws were upheld. The young man from San Diego
began to get agitated, stating, "You don’t have any
right to read my files! Those are confidential!" The
young man was told that reading confidential material is
something that we were legally empowered to do and that
we "do that every day." He had initially offered one
representative a chair in which to be seated during our
conversation. The young man was standing above and to
the right of the DHEC representative and as he began to
get upset he moved closer toward the representative, and
raised the volume of his voice. Knowing that we
would not get more information, we thanked them and left
the room to continue our investigation elsewhere.
Additional information was gathered
privately from several female residents/students by DSS
and DHEC representatives.
Interviews were conducted in front of the
large rear facility, outside, and under a tree. Facility
staff and other "Junior Staff" walked by frequently. One
young lady sixteen years of age reported that "the girls
cook now" because "the facility has trouble keeping
staff." When asked "why?" replied "they didn’t like how
they were being paid, or something like that...." In
responding to questions, she informed us that "Richard
has 51% of the vote" and "all the rest have 49%." She
described an incident that distressed the girls,
stating, " Richard was in the car with G---a at two
o-clock in the morning about two weeks ago." She
reported also female residents/students being asked to
remove all their clothing and that they are subjected to
"full body searches by Junior Staff" and are "asked to
squat and cough." She reported that this is done
when "they are looking for drugs" and that "it is
embarrassing." She reported to us that, "I don’t usually
look like this. I mean, with these clothes and no
make-up...." She reported that "school" consisted of two
‘subjects’ and that "teachers grade papers but don’t
know the subjects." In reporting on communications to
her family at home, she reported that "letters never get
mailed."
A second young lady who was also
privately interviewed outside indicated that she had
been at the facility for approximately six weeks and
that her previous placement had been a military school
in Florida. She reported that her parents were divorced
and that her mother had arranged both placements. She
indicated that he father "owned several businesses" and
that "her mother owned businesses too." She reported
that her mother had paid "$18,000 in advance" for her
stay and that she felt guilty because "she is wasting
her money because I don’t want to live with her back
home." She also reported knowing that if she left the
program "early", her mother would "not get a refund" and
felt guilty about that. She indicated she was not yet
aware of what was required of her to be able to ‘exit
the program’. She also reported, "I don’t know where I
am....." and that she had no desire to "do the things I
used to do because I’m not around it." She also reported
that "Cross Creek, Tranquility Bay and Morava are all
related programs" but that she did not feel that "staff
knows the whole connection." She reported that
residents/students of these former placements are at
Carolina Springs and that the residents/students "get
points every Thursday". She stated that "this is one of
the easiest programs", that "the staff here are not
trained" and "I have never been to any of their other
programs." She described "OP" in Jamaica as a term for
‘solitary confinement’ and that "there are no bathroom
privileges allowed" and that residents/students "(they)
go on themselves." She also reported that Richard tells
them they’d "get sent there if they tried to run..."
(run away from Carolina Springs Academy). She also
reported that upon the arrival of the operator onto the
premises that afternoon, that residents/students in the
large building were told: "If anyone tells them about
any sexual or any other type of abuse or ‘brainwashing’,
you will be sent to another off-shore program!"
The second young lady reported shortly
after her arrival at Carolina Springs Academy, that she
was experiencing a lot of abdominal pain and that she
had a history of gynecological problems. She reported
having been "in a lot of pain" and that "she couldn’t
move but just stayed in bed." She requested that Mr.
Byars "take her to the doctor" but that he did not take
her until "five days later and by that time, my cysts
had ruptured." She also reported having had a urinary
tract infection and cervical problems "following the
visit to the doctor yesterday" but that "Richard would
not let me contact my Mom." Residue from a band-aid was
visible on her right arm where blood work had been drawn
the day before. The young lady reported feeling very
anxious about her health problems and started getting
tears in her eyes. She reported that "the place is
expanding" and reported rumors that "they are trying to
buy an old nursing home". She also reported "one girl
had threatened to commit suicide but she left last
week". When asked about this girl by name, she asked,
"How do you know about her?" She explained a little
about the designation of "levels" and informed that ‘you
are a Level 3 if you’ve earned 500 points’ and that "you
can earn 100 points/week if you don’t do anything bad."
When asked to give an example of ‘something bad’ that
could cost her points, she said, "Looking at boys would
cost fifty (50) points." She
reported that the resident/students are now the "kitchen
staff" and that they were told by the operator that they
are earning "home ec credits."
Representatives noted that she was
wearing white socks and rubber sandals and she reported
that these are required, and ".....that sandals are
harder for you to run......" She also clarified how the
term "isolation" is used on these premises. She reported
that "it means that you cannot communicate with anyone
else." She reported that the large building "has an
alarm system on all the windows and doors" and that
"staff checks at night every hour with a flashlight."
This resident/student also reported that
the operator also comes into the female resident’s rooms
every night to "say goodnight." She reported an incident
"about two week-ends ago" where "one of the girls was
really mad because he (the operator) came into the room
and jumped on her when she was in bed." She reported
that the operator had "laid down on top of her" and "was
rolling around". She clarified that "his back was
against her." She reported that he had also done it to
her that same night and that they (the two residents)
were really upset. She reported that she had written to
her mother regarding another incident where the operator
had made some remarks about her breasts but that "I
don’t believe my mother got the letter because I never
heard back from her." She reported that she is
self-conscious about her breasts because they are large
and that she hadn’t appreciated the remark Mr. Byars had
made, reportedly that she’d been ‘standing too close to
him and that he "didn’t want others’ to get the wrong
idea...." Before concluding our interview, the young
lady asked if we would contact her parents and gave us
their names and phone numbers. She wanted us to tell her
mother about her health problems because she was scared
and didn’t want to have any surgery without her mother’s
presence. Then she asked, "How will I know if you’ve
contacted my mother?"
Residents were noted to be predominately
Caucasian with only one female noted to be Oriental or
of Asian descent. All were dressed uniformly in white
t-shirts or tops. Girls were noted to have navy slacks.
All were wearing plastic sandals with white socks. None
of the girls were noted to be wearing make-up and
overall, they had few clothes and possessions. Several
of the youth had decorated their sleeping area with
pictures of family members or of posters and idols.
Other sleeping areas were plain. Interviews with the
residents/students were ended and the young lady was let
back into the area of the rear building by facility
staff. Our visit ended at approximately 4:30 PM, and the
operator was advised that he would receive our report of
visit by mail. Mr. Byars was noted to have asked one
DHEC representative, "What do you do every day?" and was
also heard to comment that he thought our visit had been
"kind of sneaky."
SUMMARY OF FINDINGS:
1/A.(1)(o)/III and A.(2)(a)(3)/III This
investigation found that the facility is operating as an
unlicensed residential treatment facility based on
findings of a special education program, provision of
recreational facilities with an organized youth
development program, and provision of residential
treatment for children in need of mental health
treatment. You are hereby ordered to cease and desist
providing those services that qualify you as a statutory
residential treatment facility for children and
adolescents as defined by R.61-103. Please provide the
Department, in writing, your plans and actions for
ceasing the provision of residential treatment services.
Your response is due within 15 days of your receipt
of this report. |
