Texas Health and Human Services Commission Child-Care Licensing Investigation Report Based on the information obtained iroin the interviews and records reviewed. I deterinined there were evidence to support the allegation of exe ve iorce during the restraint. The findings are based on: eMr. - mitted to being iniorined by A during the restraint he periormed on Ca at the house. Mr-snid he iinmedinte loosen his grip on the hold as soon as he was told that Ca complaining oi haying pain in his arms. residents interviewed stated they observed Mi-leaning over while was lyi a bench with his knee hanging over the edge oi the bench. They reported seeing his hand to push up US chin during the restraint. Children reported seeing spitting blood during the restraint or blood on his lips or swollen lips when he arrived at school. Four residents also confirmed seeing Mi-ising his knee to pin C's legs down to prevent him from kicking. Three residents coniirined screaming oi having pain in his legs during the restraint. Residents also confirmed hearing telling both staiis that they needed to let go as he was having pain and the way they restrained him was excessive in iorce. eBotli Mn, provided difierenr version oi what happened niid how was restrained. Mr. 'coinplnining oi his le being hurt. Yet. he completed the restraint report and documented told him that his legs were hurt as a result oi the restraint. His credibility is questionable. Based on the information obtained from the interviews and records reviewed. I determined Texas Health and Human Services Commission Child-Care Licensing Investigation Report there was a preponderance evidence to support the allegation. The findings are based on: 7C reported that both Mr--and Mr._ restrained him in a prone position for tnore than 10 minutes on the van. said lut his hand on C's chin and pushed it up causing a cut to his lip. reported used his legs to pin C's legs down during the restraint causing pain to his legs. The incident report completed by staff indicated received injuries to his leg as a result of the restraint: however. he did not require medical attentio is injuries. VT reported witnessing the restraint performed by both and Mr. - while standing outside of the van (door to the van was opened during the incident.) stated he observed Mn--put on his back on the seat of the van during the restraint. said he rved Mr--ushed C's head down with his hand. He also said he observed Mr. .ed his legs to hold C's legs down because was kicking. He reported hearing complained his legs were hurting during the restraint. He said statt's were in the van {or about 30 minutes before letting the residents returned to the van. 7M report essing Mn-putting on his back during the restraint. He continued seeing Mr leaned on to keep him from moving and used his left hand to keep C's hand down and his right hand to keep C's head from but heading him by pushing the chin area. said Mr went to the van to assist with the situation but he did not seeing the rest of the restraint as he went inside the house. He reported the residents had to wait for 30 minutes before being allowed to get back to the van for school. erI reported he stayed in the van during the restraint. said he observed Mt--had on his back during the restraint. He reported seeing Mr.-tsed one hand to keep C's hand from moving and his other hand to push C's chin up to prevent from butting his head against MrmI-Ie said Mr_ pushed his knee against C's legs to keep from kicking. said was complaining of pain from his legs but neither statt' responded to his complaint. He reported seeing blood on C: lip after the restraint. Mr] stated the restraint lasted about 1015 minutes in total. 7E reported observing being restrained by M--n the van. He said was on his back during the restraint. his hand to push C's head down by pushing against his throat. He said Mr. sed knee against C's knee to keep him from kicking. also reported he heard complained his legs were hurting from being kneed down by He said the restraint lasted about 15 minutes. The restraint performed by Mr--in the classroom was found to be appropriate. A admitted to flipping the table before bei restrained. There were other students in class and his action could cause harm to them. A said Mr-poke to him during the restraint and told him he needed to calm down before being released from the restraint. He denied receiving injuries from the restraint. The restraint performed by Mr_ on Ca at the house was found to be inappropriate as followed: Texas Health and Human Services Commission Child-Care Licensing Investigation Report er-aid Ca was having a bad day and he did not want Ca going in and out of other peer's room. He said Ca was standing in the hallway when the restraint occurred. Mr. reported Ca wanted to go to the living room but he blocked his way causing Ca to ush him. He said Ca also made a verbal threat against him regarding he would hurt Mriwhen Mr. . Mr-teported he restrained Ca due to being pushed and the verbal threa iMf fidmmed he did not lose balance when he was pushed.) eponed Ca was restrained for refusing to return to his room. He said Mr. --ollowed Ca around the house asking Ca to return to his room which Ca refused. He aid Ca was restrained tor refusing to comply by being escorted to his room by --1 Eported observing Ca being restrained by M-- He reported Ca complained his arms were hurting and he relayed this information to Mr. -5 he did not speak Spanish. rResimim report indicated Ca was restrained when he refused to return to his room by going and out of his peers room and going to the front of the house and pushing staff. rThefe was not an emergency situation that warranted a restraint as staff was using remain! to get a child to comply. The allegation of staff member (Mr--trying to shower resident (C) with gifts and pers cannot be validated due to: 7M denied the allegation. 7M1. Clay Hill reported supervisor has been assigned to take residents out shopping tor personal items when needed. Mr. a supervisor. 7M1. Clay Hill reported the agency conducts inventory once a month and staff will identify what items a resident is needed. The list is then submitted to the supervisors who will transport children to make the purchase. Mr. Hill reported was on the 1st in 10/13 and 1 items purchased for Ca were from agency's fund. Receipts were provided by Mr. howing received a new pair of tennis shoes, socks, several shirts, pants, and underweax. Contact List: Type Date Ta:/Witl| Phone Call 12/05/2013 Ms. W. an attorney was spoken to over the phone. Ms. reported she received complaints from residents regarding several recent incidents involving residents being held with excessive force during the restraint. Ms. stated other than the information provided in the report regarding other additional information. Inspection 11/21/2013 ML Clay HilI/ Owner I spoke to Mr. Clay Hill. owner. at the tacility on 11/21/13. Mr. Hill reported Mr-tas been employed with agency for many years and is currently working Texas Health and Human Services Commission Child-Care Licensing Investigation Report as shili supervisor. He said supervlsors are assigned 1he iask o1 purchasing uenis for resideius in care based on their needs. He siaied inveiuory is done once a nionih by siall aud subnuued ii to supervisor tor reVlew. The is turned over is managemem sun is approve. Once it's approved, rhe supervisor cau eiiher iake residenis to make ihe purchase or shop on iheir own. He reporied name was on 1he lisi in 10/13 showiug he needed some shoe. hiris, and underwear. Mr. Hill slated Ca and 0 were taken on a shopping irip by ML-lnd purchased receipi were prowded io ihe agency lor record. He said all of 1he purchases were made using company's credu card. Mr.. Hill said he does nor have any issues wiih Mr. - and believed the kids goi iogeiher and lied on him because ihey did nor like being told whai io do. Mr.. Hill siaied ihe kids can be very manipulaiive and will make up stones io gel slam in irouble. Mr.. Hill reponed sian are iraiued every quarierly on 12131 and 1hey do iheir besi in assessing 1he belore puuiug a child in resiraini. He siaied he trusts his siall in doing ihe righi ihing and he leli residenis are being well cared lor and 1heir needs are mlly niei a1 ihe laciliiy. He said he also has no concerns wiih Mr.--and Mr.-regardiug 1he resiraini or the way rhey care or supeerse rhe residents. Inspection 11/21/2013 Diretl Care Staff Mr_ direci care siarr: was inierviewed a1 ihe laciluy on 11/21/13.