Children lost amid
sea of agencies Responsibility spread
thin; abuse alleged at some group homes HEATHER VOGELL Staff Writer
Death freed Jamal Odum's troubled young soul in seven
minutes.
That's how long he lay trapped beneath a 220-pound group home
worker his last Sunday morning.
A security videotape caught the March 2003 scene at a home
outside Charleston: It shows the chubby 9-year-old swat at a
worker's vacuum cleaner cord, then run away.
The worker lunges; Jamal falls. A second worker -- a corrections
officer moonlighting at the home -- lies across his back. The
minutes tick by.
Jamal goes limp. Workers pump his chest with their hands, but
it's too late.
Jamal was among 2,200 children sent to state-approved group homes
or institutions in South Carolina that year to treat their emotional
and behavioral problems.
Yet critics say some S.C. facilities are so poorly run that they
put troubled children in greater danger.
In some homes, physical and sexual abuse go unchecked, runaways
come and go at will, and children languish, advocates and six recent
lawsuits say.
S.C. officials say they don't believe widespread abuse takes
place in the facilities, which are desperately needed to treat
children without other options. The state continues to raise
standards for the homes, they say.
But recent studies suggest South Carolina's patchwork residential
care system doesn't always put children first.
Those studies and interviews show roughly $57 million in taxpayer
money each year feeds a system seven state agencies have a stake in,
but none is accountable for.
Consider:
• No one takes a systemwide look
to see whether children are making therapeutic progress in the
costly homes.
• No one checks whether the system
generally keeps children safe.
• The S.C. agency that licenses
most homes can't fine them.
The studies call for reform.
"They know what they need to do to fix this," said Rochelle
Caton, an attorney for S.C. Protection and Advocacy for People with
Disabilities. "They just need the will."
Responsibility spread thin
S.C. agencies say they are following a national trend and trying
to aid troubled children without taking them out of their
communities.But in recent years, one study says the system has moved
in the opposite direction.
A legislative study committee in 2003 noted small,
community-based group homes were decreasing statewide, while large
residential facilities were increasing.
"No research has been offered regarding the effectiveness of this
practice," the committee warned. Caton took it a step further,
saying: "That's completely contrary to the direction we're supposed
to be moving."
On average, each of the roughly 90 group homes and institutions
in South Carolina has beds for about 21 kids, data show. The number
of homes continues to decline; 23 closed just in the past two
years.
Some providers complain the state's Medicaid reimbursement rate
is too low -- putting a squeeze on smaller facilities that suffer
more when a bed goes empty. Medicaid is the government's health
insurance program for the poor.
Oversight of the homes and institutions is complicated because so
many S.C. agencies are involved.
Five agencies refer kids to homes or institutions. Two license
the facilities. Two inspect them annually. One tracks Medicaid
compliance and pays for treatment.
No single agency is responsible for the system as a whole.
The S.C. Department of Social Services investigates abuse or
neglect complaints against the facilities. Last year, it reviewed 94
claims, substantiating 26 of them.
But no home or institution lost its license.
DSS officials say that when they find problems, they draw up a
list of actions a home must take to retain its license, instead of
immediately moving to revoke it. Sometimes, the home decides it's
not worth the effort and closes on its own, said Jackie Kasufkin,
DSS foster care supervisor.
In a few serious cases, DSS has removed children or stopped
placing them at homes -- which hurts the homes financially.
But S.C. law doesn't allow DSS to fine providers outright. A bill
allowing the agency to do so passed the state legislature last year,
but Gov. Mark Sanford vetoed it in December.
DSS officials say the bill failed because of other provisions
unrelated to fines. They are looking at putting the measure on the
governor's desk again.
The S.C. Department of Health and Human Services can cut off
payments to providers if violations are found. It's never done so,
agency officials said.
Kasufkin said the homes play a vital role for many children.
"There are some children that have such horrible experiences in
their family that going to a group home that is more neutral is a
positive setting for them," she said.
"All of the group homes we have have a purpose."
Jamal's case
The home where Jamal died, New Hope for Children in Jedburg,
closed in September after a drop in referrals created a financial
strain, said Jay Orvin, president and CEO of the home's parent
corporation, New Hope Treatment Centers.
Jamal's father, Larry Odum of Virginia, sued New Hope's owners,
saying they failed to properly select, train and supervise
staff.
The prison worker who lay across Jamal, William Brightharp, 41,
faces charges, including homicide by child abuse. Two other staff
workers were charged with lesser offenses.
Orvin said that while he can't talk in detail about the incident
because of the litigation, the security videotape doesn't tell the
whole story.
"It is impossible to look at that videotape and tell for certain
whether the restraint was carried out exactly the way the restraint
should be carried out or not," he said.
Experts say restraint -- a common control technique many say is
indispensable in group homes -- should never restrict breathing or
be used to discipline children.
Complaints of rapes
Complaints of rapes and sexual abuse involving other S.C.
facilities have triggered at least five other claims since May 2003,
court records show.They include one in which a teenage girl from
Oconee County said she was repeatedly abused in two group homes. The
suit claims staff at the Crain House in Greenville and New
Foundations in Anderson regularly fondled and had sexual relations
with female teenagers.
A social services investigator once kept the Oconee girl from
meeting with her parents on her birthday -- instead taking her out
to dinner and to buy a nightgown, the suit says.
The girl, who isn't named, tested positive for a sexually
transmitted disease and tuberculosis at both homes, the lawsuit
alleges, but received no medical treatment for them. She ran away 11
times.
Last year, a Crain House worker pleaded guilty to criminal sexual
conduct and assault charges, according to The Associated Press.
Crain closed in 2003 after referrals dropped off, said Nancy
Jones, a vice president with home owner Raleigh-based Lutheran
Family Services in the Carolinas. She declined to comment on the
lawsuit, but said her group "does conduct its own investigation, and
we do cooperate with authorities."
New Foundations attorney Jim Jolly said he, too, couldn't discuss
the suit. "Obviously, from my client's perspective, they do not
believe they did anything improper," he said.
The girl's attorneys put the claim on hold earlier last year
because they weren't ready to proceed but plan to refile it this
year, said Stephen Lewis, a Greenville lawyer handling the case.
DSS declined to comment on any lawsuit.
`Let's move ahead'
In an e-mail, DSS Human Services Director Mary Williams said DSS
is generally satisfied the care group homes are providing troubled
children.
Yet one S.C. researcher said a lack of systemwide standards made
it impossible to tell how children were faring in the homes.
David Murday's 2003 study tried to track about 500 children in
residential care to evaluate their well-being and progress in
treatment.
He'd hoped to see whether children were free of abuse and not
subject to inappropriate seclusion or restraint, among other things.
He wanted to see whether children's therapeutic needs were met.
So-called critical incident reports, which document problems in
the homes, were to be a key data source, said Murday, assistant
director at the center for Health Services and Policy Research at
the University of South Carolina.
"We assumed if it was a state-mandated function, the state would
have defined what a critical incident was," he said.
"Halfway through, we found out that the state didn't want to
define what a critical incident was, so each provider had their own
definition," he said. "Which meant you couldn't use a critical
incident as any kind of measure."
The study, which had been commissioned by state agencies,
couldn't be completed as envisioned, he said.
The lack of uniformity "really was a surprise," Murday said. "And
it begged the obvious question of how do we know we're helping these
children?"
In fact, he said he found some providers were eager for such a
measure and were frustrated to be lumped in with providers who
offered lower-quality care.
Two 2003 studies strongly recommended that one entity take over
the job of monitoring and licensing group homes to improve the
system. But the suggestions went no further.
Murday said he's read other reports from 20 years ago that
suggest fixes.
"It's time to move beyond the `Let's study and create a perfect
system,' and say `What steps can we make now?' " he said.
He's now serving on a task force that is looking to create more
standardization and improve the quality of care. It includes state
agencies.
The health and human services agency hopes the panel will help
the state learn how to serve troubled children better, said Susan
Bowling, deputy director of medical services.
If it finds changes should be made, "so be it," she said. "Let's
move ahead and do it."
Tackling the Problem
Locally
A 2003 legislative study committee made a startling find: Some
S.C. children end up in more restrictive settings than they need
simply because they can't find help elsewhere.
Efforts to address that problem are under way in York, Chester
and Lancaster counties.
Residential placements were so high for kids in those counties
that the S.C. Department of Mental Health chose the area for an
experimental program that tries to treat children without removing
them from their communities.
The state won a $6.9 million federal grant for a six-year
project. It will involve stationing mental health workers in schools
and helping families navigate a system of services that can be
confusing and invasive, said Louise Johnson, principal investigator
for the project.
The goal is also to keep kids out of group homes, which Johnson
says she's never been comfortable with.
"Kids will be able to remain in schools and experience those
natural things other kids do, like going to prom and football
games," Johnson said. "And they will stay out of trouble and out of
restrictive
settings." |