COALITION AGAINST INSTITUTIONALIZED CHILD ABUSE
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Texas Department of Protective and Regulatory Services

Child Care Inspection
 

10/18/02 to 12/23/02

Below is a summary of the department's violations:

Violation No. 1:  Caregiver did not follow facility’s policies and procedures in handling misbehavior of resident, resulting in restraint and death of a child.

Violation No. 2:  Caregivers used restraint and punishment when this resident refused to stop talking and exiting a tent.

Violation No. 3:  Restrain used did not meet the definition for an emergency situation.

Violation No. 4:  No information found indicating what other preventative, de-escalative, less restrictive techniques were tried and prove ineffective at defusing the situation before restraining Chase.

Violation No. 5:  Unreasonable, unnecessary force used.  No one monitored the child’s breathing or other signs of physical distress.

Violation No. 6:  Restraint inappropriately implemented using technique that obstructed child’s airways, impairing breathing.

Violation No. 7:  Inappropriate restraint obstructed view of child’s face.

Violation No. 8:  Inappropriate restraint restricted child’s ability to communicate.

Violation No. 9:  Caregivers did not act to ensure child’s safety or privacy.

Violation No. 10:  Caregivers did not release child from restraint when health emergency occurred or when child started vomiting and failed to provide treatment.

Violation No. 11:  Caregivers did not tell the child what actions would be taken to de-escalate the situation every 15 minutes, or when he would be released from the restraint.

Violation No. 12:  No documentation to support the need for a restraint (nothing constituting an emergency.)

Violation No. 13:  Caregivers did not document what de-escalating strategies other than verbal directions were used during restraint. 

Violation No. 14:  Caregivers did not document length of restraint.

Violation No. 15:  Caregivers did not comply with facility’s policy re disciplinary problems.

Violation No. 16:  Disciplinary measures used on the child were physically damaging.

Violation No. 17:  Disciplinary measures used were not individualized to meet the child’s needs.

Violation No. 18:  Resident was subjected to cruel and unnecessary punishment when he was restrained for talking.

Violation No. 19:  Resident subjected to remarks that belittled him “Boy, who are you calling boy?”

Violation No. 20:  Documentation was missing on 3 days on medical charts documenting prescribed medications.

Violation No. 21:  Medications were not administered according to instructions on the label or according to doctor’s orders, written and signed by the doctor within 72 hours.

Violation No. 22:  Admission acceptance documents completed after the child was admitted (he was admitted 10/8/02, assessment was on 10/17/02, the child died on 10/14/02 – 6 days after entering the program, 3 days after he died).

Violation No. 23:  Three caregivers indicated they were not provided with information about resident’s immediate needs or anger problem.

Violation No. 24:  Plan of service reviewed for Chase did not address specific strategies to meet his needs, including instructing staff.

Violation No. 25:  Three caregivers interviewed said they were not aware of nor had been provided with a copy of the plan of service on the resident.

Violation No. 26:  The administrator was cited for not ensuring the facility complied with minimum standards.

Violation No. 27:  The facility did not provide licensing with changes of names, addresses, phone numbers, and title of officers/executive committee of governing board.

Violation No. 28:  Based on the number of violations in the investigation, the facility was not managed according to policies adopted by the governing body.

 

 

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