State of Michigan DEPARTMENT OF HUMAN SERVICES BUREAU OF CHILDREN AND ADULT LICENSING RICK SNYDER MAURA D. CORRIGAN GOVERNOR DIRECTOR March 19, 2012 Deborah Nykamp Catholic Charities West Michigan 40 Jefferson Avenue, SE Grand Rapids, MI 49503-4304 RE: License #: CB410245705 Investigation #: 2012C0208023 Catholic Charities West Michigan Dear Ms. Nykamp: Attached is the Special Investigation Report for the above referenced facility. Due to the violations identified in the report, a written corrective action plan is required. The corrective action plan is due 15 days from the date of this letter and must include the following: • • • • • How compliance with each rule will be achieved. Who is directly responsible for implementing the corrective action for each violation. Specific time frames for each violation as to when the correction will be completed or implemented. How continuing compliance will be maintained once compliance is achieved. The signature of the responsible party and a date. Please review the enclosed documentation for accuracy and feel free to contact me with any questions or if you desire technical assistance in addressing these issues. In the event that I am not available and you need to speak to someone immediately, please feel free to contact Deborah Clark, Area Manager, at (906) 228-2852. Sincerely, Vernon Oard, Licensing Consultant Bureau of Children and Adult Licensing Unit 13, 7th Floor 350 Ottawa, N.W. Grand Rapids, MI 49503 (616) 356-0119 P.O. BOX 30650 • LANSING, MICHIGAN 48909-8150 www.michigan.gov • (517) 335-6124 MICHIGAN DEPARTMENT OF HUMAN SERVICES BUREAU OF CHILDREN AND ADULT LICENSING SPECIAL INVESTIGATION REPORT I. IDENTIFYING INFORMATION License #: CB410245705 Investigation #: 2012C0208023 Complaint Receipt Date: 02/10/2012 Investigation Initiation Date: 02/17/2012 Report Due Date: 04/10/2012 Licensee Name: Catholic Charities West Michigan Licensee Address: 40 Jefferson SE Grand Rapids, MI 49503-4304 Licensee Telephone #: Unknown Administrator: N/A Licensee Designee: Name of Facility: Catholic Charities West Michigan Facility Address: 40 Jefferson Avenue, SE Grand Rapids, MI 49503-4304 Facility Telephone #: (616) 456-1443 Original Issuance Date: 03/15/2002 License Status: REGULAR Effective Date: 11/01/2010 Expiration Date: 10/31/2012 Capacity: Unknown Program Type: CHILD PLACING AGENCY, PRIVATE 1 II. ALLEGATION(S) Catholic Charities West Michigan placed a four year old male foster child in an Ottawa County DHS foster home without that agency’s permission or knowledge. Four days into the placement the nearly five year old child jumped from the foster parent’s moving vehicle and was injured. III. METHODOLOGY 02/10/2012 Special Investigation Intake - 2012C0208023 02/17/2012 Special Investigation Initiated - On Site. Reviewed Child A’s file. Interviewed Foster Care Supervisor Ann Maring. Interviewed the complainant. 02/17/2012 Exit Conference with Adoption Supervisor Moira Monaghan. ALLEGATION: Catholic Charities West Michigan placed a four year old male foster child in an Ottawa County DHS foster home without that agency’s permission or knowledge. Four days into the placement the nearly five year old child jumped from the foster parent’s moving vehicle and was injured. INVESTIGATION: This consultant reviewed Child A’s file. On January 23, 2012, Foster Mother A submitted a written notice to Catholic Charities West Michigan requesting to have Child A removed from her home within 14 days. On January 30, 2012, a permanency planning meeting was held regarding Child A. An Action Summary dated February 6, 2012, states, “On January 30, 2012, (Child A) was placed in respite care in a former foster home (Ottawa County DHS Foster Home B) where his brother is currently placed because the foster mother (Foster Mother A) needed assistance in caring for (Child A) until he could be moved.” On February 2, 2012, Child A was riding in a car seat in the back seat of Foster Mother B’s car when Child A fell from the moving vehicle. A police report dated February 2, 2012, states, “(Foster Mother B) said he (Child A) got out of his car seat and seat belt and opened the door and exited the vehicle. (Foster Mother B) noticed him (Child A) in the middle of the roadway.” A physician’s note from an urgent care center dated February 2, 2012, states, “There are abrasions over the left side of (Child A’s) face, forehead, and the cheek and the upper eyelid. There are some blackish marks on the left side of the abdomen, concerning for possible tire marks. There is also some abrasion on the right anterior knee as well as the left hand between the thumb and the index finger. ” Child A was treated and released from the urgent care center on February 2, 2012. Child A was placed in Foster Home C, a foster home licensed by Catholic Charities West Michigan on February 3, 2012. Child A’s file did not contain any of the documentation required by R 400.12315 regarding borrowed homes. 2 Catholic Charities West Michigan Foster Care Supervisor Ann Maring stated that she attended a permanency planning meeting regarding Child A on Monday, January 30, 2012. Ms. Maring stated that, at the meeting, Foster Mother A said, “He (Child A) can’t come home with us.” Ms. Maring stated that individuals in attendance at the meeting immediately began problem solving to identify temporary placement options for Child A. Ms. Maring stated that Foster Mother B was at the meeting and asked what she could do. After talking with Foster Father B, Foster Mother B volunteered to take Child A home with her and did so. When asked if she had talked with licensing staff from Ottawa County DHS regarding placing Child A in Foster Home B (an Ottawa County DHS foster home), Ms. Maring stated, “I talked with someone at Ottawa County DHS on Wednesday (February 1, 2012). I mentioned that he (Child A) was at (Foster Home B).” This consultant interviewed the complainant who stated, “I never knew that (Child A) was placed at (Ottawa County DHS Foster Home B). No one from Catholic Charities ever called me. I was at a meeting on (Wednesday) February 1, 2012, and heard that Catholic Charities West Michigan needed a foster home for a four year old. I said, ‘We don’t have a home for his needs.’” The complainant stated that she didn’t find out that Child A was at Foster Home B until she received a phone call on Friday, February 3, 2012, from a DHS worker investigating Child A falling from Foster Mother B’s vehicle on February 2, 2012. The complainant stated that there was a permanency planning meeting regarding Child A and his siblings on Monday, January 30, 2012. Foster Mother B was in attendance at the meeting since Child A’s brother is placed at Foster Home B. The complainant stated that Foster Mother A brought Child A to the meeting and said that Child A couldn’t return home with her. The complainant stated, “He (Child A) was packed and (Foster Mother B) was asked if (Child A) could go home with her.” The complainant stated, “(Foster Mother B) didn’t know what to do since (Child A) was standing right there, so she and her husband agreed to take (Child A) home for 48 hours. The 48 hours was up on Wednesday, February 1, 2012, and (Child A) was still at (Foster Home B). Then, (Child A) fell out of the car on February 2.” The complainant stated, “This wasn’t a respite arrangement since Child A was clearly not returning to (Foster Home A). This became an emergency placement.” The complainant stated that Foster Home B (an Ottawa County DHS foster home) is now under investigation regarding Child A falling from Foster Mother B’s vehicle on February 2, 2012. The complainant stated that Child A was previously placed in Foster Home B (an Ottawa County DHS foster home borrowed by Catholic Charities West Michigan) and that Foster Mother B and Foster Father B had submitted a written request for the “replacement” (removing a foster child from one foster home and placing the child into another foster home) of Child A on March 21, 2011. An email written on Tuesday, January 31, 2012, by Catholic Charities West Michigan Foster Care Specialist Cora Christiaans states, “We had a PPC (permanency planning meeting) yesterday to discuss (Child A) moving. He is currently spending a couple days with (Foster Mother B), but (Foster Home A) will not take him back permanently.” 3 APPLICABLE RULE R 400.12315 Borrowed home. (1) ANALYSIS: Before placing a child in a foster home certified by another agency, an agency shall have a record containing all of the following documents: (a) Prior approval from the certifying agency authorizing the placement of a child in the home. (b) Documentation that the foster parent is willing to accept the foster child. (c) A copy of the initial evaluation with written endorsement by the borrowing agency that the evaluation is acceptable. (d) A copy of the current reevaluation with written endorsement by the borrowing agency that the evaluation is acceptable. (e) A list of all children currently placed in the home. (f) Documentation that the foster parent has received orientation to the policies of the borrowing agency. (g) A copy of the placement agreement signed by the foster parent and the borrowing agency. (h) A copy of the current license certification documents from the certifying agency. (i) A copy of all special evaluations completed during the last 2 years. Catholic Charities West Michigan placed Child A in Foster Home B (a foster home licensed by Ottawa County DHS) without prior approval from or the knowledge of Ottawa County DHS. The borrowed home rule regarding placement applies to this situation since Foster Mother A had no intention of Child A returning to her home. In this instance, the agency did not have a record containing any of the documentation required by the borrowed home rule. Rule R400.12315 (Borrowed home) was also cited in the December 15, 2011, interim inspection report. CONCLUSION: REPEAT VIOLATION ESTABLISHED ADDITIONAL FINDINGS: During the course of the investigation, it was determined that Child A was previously placed (in 2011) by Catholic Charities West Michigan in Foster Home B (an Ottawa County DHS foster home borrowed by Catholic Charities West Michigan). A March 21, 2011, email written by Foster Mother B to Ottawa Co. DHS licensing staff states, “We are sorry to inform you that we need to break the placement with (Child A).” 4 A March 28, 2011 Permanency Planning Conference Activity Report regarding Child A states, “(Child A) in particular is having a difficult time and (is) physically aggressive towards all family members and also damaging the home. (Foster Parents B) indicate that (Child A) needs a lot of one-on-one attention, he is really busy, doesn’t sleep, they are worried for his physical safety as he is a very strong/active boy but does not understand anything as dangerous. A lot of time was spent discussing (Child A’s) needs.” The report goes on to say, “(Child A) will be placed with another and what appears to be a better matched family.” Child A was “replaced” from Foster Home B on April 4, 2011. APPLICABLE RULE R 400.12404 Placement. (3) An agency shall consider all of the following factors in selecting an appropriate placement for a child: (b) The physical, emotional, and educational needs of the child. ANALYSIS: On January 30, 2012, Catholic Charities West Michigan placed Child A in a borrowed foster home from which Child A had been removed in 2011 at Foster Mother B and Foster Father B’s request. Foster Parents B clearly expressed concerns in 2011 regarding Child A’s safety in their home and their challenges in providing for Child A’s extensive mental health needs and behavioral concerns. A permanency planning conference held in April of 2011 agreed that Child A’s needs would be better met in another foster home. Child A was injured (and required medical attention) on February 2, 2012, three days after being placed back in Foster Home B when he exited Foster Mother B’s moving vehicle. This consultant reviewed multiple licensing cycles regarding Catholic Charities West Michigan. This review included both licensing evaluations and special investigations. The agency has been cited 12 times for violating some aspect of R400.12404 (Placement) and has been cited two additional times for violating this specific section [R400.12404(3)(b)]. The agency must identify and correct systemic issues which contribute to this established historical trend of violations of R400.12404. This consultant is available to provide both technical assistance to meet the licensing requirements and consultation to improve services. CONCLUSION: VIOLATION ESTABLISHED 5 IV. RECOMMENDATION Upon the receipt of an acceptable corrective action plan, I recommend no change in the license of this child placing agency, private. Vernon Oard Licensing Consultant Date: March 1, 2012 Approved By: March 19, 2012 Deborah Clark Area Manager Date: 6