From: Kevin Gimble [mailto_ Sent: Friday, March 15, 201 :17 PM To: Melanie Spade Cc one name -- Garv Mead -- Subject: RE: Mid Atlantic Youth Services PA Child Care Physical Management of youth 8t ChiidLine 8t CPSL Investigationr UPDATEJB Good afternoon- Update PA-DHS has notified us that the outcome ofthe below CPSL investigation for -- -- was completed and deemed unfounded. Thank you, Kevin G. Gimbie, MS Executive Director Mid>>Atlantic Youth Services/PACC Fro elanie Spade Cc Gina DiPippa; Kevin Gimhle; Garv Mead; Subject: RE: Mid Atlantic Youth Services PA Child Care- Physical Management of youth at ChildLine a CPSL Investigation- Good Evening Update #2 to the below initial report, Please find the required Philadel hia Count incident Summa re an attached tor the ChildLine Notification and CPSL investigation tor (DOB SID it -. Be advised the HCSIS for this incident is ~mel. From: Melanie Spade Sent: Thursday, February 21, 2019 5:55 PM Cc: Gina DiPippa; Kevlrl Gimble; Gary Mead; Subject: Mid Atlantic Youth Services PA Child Care- Physical Management of youth a ChildLine a CPSL Investigation Good Evening~ Attached is a Serious Incident Re art of the emergenc siml mana ement ofa child as is required by Philadelphia County (DOB: SID if: required emergency safe physical intervention a er attempting to It a staff The physical management technique lasted approximately 7 minutes There were no injuries to note. A video copy of this incident was sent overnight express postal mail to Rachel Henderson and Nancy Magowan late this afternoon. Also attached you will find an incident summary sent to designated Philadelphia County parties on Friday February 15, 2019 for the same youth with the following email content; Good Evening~ Attached please find a serious incident summary for the emergency physical management of a child as is re uired by our agency to submit to Philadelphia County. Agency staff picked up youth (008' 1f: at- for transport to the program. -was agltate urlng the transportation, repeatedly kicked the Vans plexiglass window. threatened to kill staff. and taunted staff with racial slurs and insults. Upon arrival at the program. staff escorted- into the facility, removed the mechanical hardware, and attempted to talk with -about the program. - remained escalated, made threats of harm to others, and required emergency physical management for about 10 minutes. He was examined by the nurse onsite. No injuries noted The video copy of this incident was also express postal mailed late this afternoon to Rachel Henderson and Nancy Magowan. Today: 2/21/19 _was being interviewed by DHS Regional Representatives for a complaint he made against a or acement provider. During the course of the interview,-nade allegations of mistreatment by Mid Atlantic Youth Services and its employees. after which, a DHS Representative telephoned Childline and the case was numbered for CPSL investigation Eight Mid Atlantic Youth Services employees. to include the assistant executive director and supervisors were removed from all child care duties pending CPSL investigation. The Regional DHS Representatives did not view any video, interview employees. review medical or internal incident report documentation. or conduct a formal interview with the youth regarding the alleged mistreatment. At this juncture, our PA Child Care Facility is operating services without eight employees unable to interact with youth in the program. As noted. this includes the program's assistant executive director and supervisors. Multiple efforts were made to contact the DHS Regional Office in the facility's region this afternoon; specific to the removal of eight employees from duty. We were unsuccessful in speaking to anyone. Our agency has no time frame of when CPSL Representatives will be able to conduct the investigation. We will inform all parties accordingly when the interviews are scheduled. Please advise if any of your departments need additional information, thank you, mel. Melanie A. Spade Agency Admissions PREA Coordinator Mid Atlantic Youth Services PA Child Care Program- Fittston Township Western PA Child Care Program- Emlenton $5 ma DEPARTMENTOF HUMAN SERVICES 00255540590010102 Mailing Date: 10/12/2017 JOANA ENDRICK Child: KEVIN ENDRICK - Status: indicated Agency: Western Region Office of Children, Youth and Families Dear JOANA ENDRICK: A report of abuse involving the above named child was investigated by the agency listed above. The status is Indicated. This means the agency determined that the child was abused. If the perpetrator was under 18 years of age when the child abuse was committed, the report will be expunged when the perpetrator reaches 21 years of age or when five years have elapsed since their name was added to the statewide database, whichever is later' if they meet ALL of the following: - The individual has not been named as a perpetrator in any subsequent indicated report of child abuse and are not the subject of a child abuse report pending investigation. The individual has never been convicted or adjudicated delinquent by a court for an offense under section 6344(c) (relating to grounds for denying employment) and no proceeding is pending seeking such conviction or adjudication. - The child abuse which resulted in the perpetrator's name in the statewide data base did not involve the use of a deadly weapon, as defined under Title 18, ?2301 (relating to definitions in the Crimes Code). If the perpetrator was 18 years or older when the child abuse was committed. the report will remain on file in the Statewide Database and county offices until 23 years after the child's birth. At that time, the report will be expunged. However. the information on the perpetrator will remain on file indefinitely it the social security number or date of birth is known. You are listed on the report as the Parent. You may have the right to receive sen/ices, which are intended to prevent further abuse or neglect, through the county children and youth agency, You also have the right to receive a copy of the report by writing to that agency or this office. Please refer to the report number listed above when making your request. Should your address change before the child becomes age 23, please inform this office ChildLine and Abuse Registry once of Children Youth and Familles EDX 2575 Hamsburg, 717 7531964 i 717 772 6857 state pa us If you have questions about your rights, involvement in the report, or this letter, we suggest you contact the investigating agency at: (412) 565-5728. Sincerely, ??nally pm. Christina Phillips, Director Bureau of Policy, Programs and Operations Enclosure ChildLine and Abuse Registry Office of Children, Youth and Families 2675 Harrisburg. PA 17105 717.783.1964 717.772.6857 DEPARTMENT OF HUMAN SERVICES January 22, 2019 Ms. Joanne Endrick Re: Kevin Endrick Dear Ms. Endrick, On September 15, 2017, your son, Kevin Endrick -- was involved in a physical restraint at George Junior Republic (GJR) that resulted in an injury. The Department of Human Services received a ChildLine report for this injury and conducted a thorough investigation that resulted in an indicated report of child abuse against the perpetrator on October 10, 2017. Subsequently, you, as a parent, raised concerns about issues related to the report. The Department comprehensively reviewed your concerns, and subsequently issued a Licensing Inspection Summary (LIS) to GJR based on our findings. An official letter was sent to your attention on July 13, 2018, which summarized our findings and included a copy of the LIS. You later raised additional concerns about when the injury was reported to ChildLine, which the Department investigated. ChildLine received the report of suspected child abuse on September 15, 2017. During the initial child abuse investigation, Kevin admitted that he intentionally did not disclose to medical personnel how he suffered his injuries. There is no documentation that indicates Kevin made any allegations of conduct amounting to mistreatment or abuse to any mandated reporter during his post-restraint medical assessments at either GJR or Grove City Medical Center. Under the CPSL, a mandated reporter must make a report of suspected child abuse if the person has reasonable cause to suspect that a child is a victim of child abuse. It should be noted that the Child Protective Services Law (CPSL) prohibits the Department from releasing the identity of the person who reported suspected child abuse under these circumstances. Based on these findings, the Department will not be issuing a citation for failure to report regarding this specific incident. Sincerely, firm 5. KW Amber D. Kalp, Regional Director Bureau of Children and Family Services mm 591 ma Sms'b'm Qua-hummus." a Mu cm>> emu Wm." a: an: w- cm, .m 75.3mm>>. Sum" ".39 "nigh" 9< mum, $514 may wamu' mwmagnanwgmanunvaried sxams m: <>: letdfiy FALWIELMN amyw'v 1mm" <<1mm, no 03137517 mm <PHILADELPHIA F. Figueroa Commissioner Philadeiphia Department of Human Services August 28, 2018 Cathy Utz Deputy Secretary Department of Human Services Office of Children, Youth 625 Forster Street Harrisburg, PA 17120 RE: George Junior Dear Ms, Utz; i have had an opportunity to review the Pa. DHS Bureau of Hearings and Appeals (Bile) Order of May 25, 2018 (Docket No: 0874743036) concernin.r_ with my legai team. We have aiso reviewed Amber Kalp?s emaii of August 22, 2018. While i understand that Phila. DHS is not technicaiiy a party to this matter, i am deepiy concerned with the decision of BHA and the fact that the George Junior Repubiic (61R) staff member who was involved in the incident was exonerated in so far as BHA sustained his appeai and ordered that the report indicated by Western Region of OCYF be expunged. As you are aware, the incident involving was a factor in our closing GJR for intake. i am equaiiy concerned about the fact that OCYF Western Region did not appeal the BHA decision or ?ie a motion for reconsideration. Our legal counsel brought up several questions and concerns with the Administrative Law Judge?s (AU) ?ndings of fact and legal conclusions that we beiieve warranted, at the very ieast, a motion for reconsideration or, possibly, an appeal to Commonwealth Court. Whiie our legal team did not have the bene?t of reviewing the actual transcript of the hearing in question, based on factual findings and reasoning of the decision alone, we have concerns that i wanted to share with you. First and most notably, the used a ?subjective? versus ?objective? standard to support her recommendation (see page 17, paragraph 5 of SHA Order). We believe that this was the incorrect standard, and, thus, an error of law. A review of the case law (both for chiid abuse cases and criminal iaw cases} suggests that in analyzing an applicabie mentai state, the fact-?nder shouid follow the plain language of the statute. For exampie, ?recklessness? is de?ned as a conscious 8th Fioor, 1515 Arch Street, Phiiadeiphia, PA igi?z. Phone (215) 683-6801, Fax (215; 683w6=323 Wm mw ?me WW ,memeWm WW gm; mm mmemW wm ?ammW mmeWmW WW WW @me @me WumW. Wag me mmeWW Wm mama mam mm mem WWNM @me Wm @me WmeW?mWWm Wm meWmW wmeW Wm @3me $ngmeme $meme @me min WmeWWmememe WW WW 3%meme @3meme mewwmeWWm WW mm m?mmeWm WW Wm mm $me mmWmeWW m? ?$wW?meWEWmm WWMW ME @333 5mg ?gmw? @me meuw?m wmmt?m 4% amm?wmm mm Mm?m?wm mmwm?mm?maw ?g 4% gamma mm Mg ma Mmm? ?gamma m? gm Wm mam EM. Mm? whammw mm am ?g ?gm? gamma gm my? ?Emmy? mm? gm ?wwmm ?ag ?Wm m? Emma Wm EM Wm? mm @me mm ?mwm mm, m? Wm mm mm ??mm ma?a? ?ma Mm? ?Ewan? mm ?wmwum? ?g ?mama wm @th mm EM mm mumm mwam EM. wmm?mm mm mm wm m3 Magma ??me m? mm ?wWm? $meme wgm?mwmg? xm? ?xm EM 3 mm w?mm Mam mm hwmg?mm waw $me ?ag Wm mhm?m gag Wax mg mm mmw?mm?m mum aw mwmm?mm Mama? m? $me 3% Egg .mwmm gm Mm mammamm ?g .. mm ma?? @wa w? mam ?m?gm ammww?m?m $me m? mam Mm ?mag ??wwm ?Egg mg m% mm mm?m? EM, ?m?m ?g ?ag ?gym. Emmh? ?mum gamma mm Magma me? ?mam mm mm wwmm?mwm? mm may mw?mg mmg? Wm? mm wm? mm me mum mam mmw? mm mg w?ww?w? m? Wm mm mm mm Mmm? wmm?wmm?mm mw?ww? Maw mem mg mg ??mm ma?mmgm ?g ?may mm? hw?m?, mg mm m?mm mg From Kalp Amber" gate, 3/22/13 10 56 AM (GMTVO 00) rlgueroa "Utz, catty" - Cc "retry, Roseann (Oct/Fr theemah Shamsxd-Deen ammotl -- Rt" Follow Regarding. and GJR Gaod Ms, Flguetua The appeal hearlng assoctatnd a restramt of--at George ltmlor Repunlt was held l: and 2013. A BHA Adjudinaflon and Order the maItev was issued on May 25, 2018 Aw tr After meeting our legai counsel of record, Zachariah filvenbark, it was distussed that 'I'r'r'm mt? as tn whether ht: knowingly orrecktessly created the llkellhaoe. or budlly to- we>> he a non-Safe Management (scrle lechhl'tlne to (rerun Km - :0 the tlonrns was ylewed an the Vldeo BHAStated the use ora lloanCM 25 ol amuse hl, klu' (hl rt he thought about a saw tweet-t r' those SC'Ofldb he was that he may lnyury-, tt the managett to escape the ELM leflv tesrlt'lm' that by the technique tn the tune out roam rt was "golng to be the salezt route- mt - and Accoralhg to EMA-thought prueess In these seconds met acted ren BHA found that-dld not intentionally, gr recktetsly mettle at hodlly lnstead - "engaged a tarelut, dellberate thought process to tale the suolect thlla' the a; safest may he behaved posshle at the time A: a llke louli the 'tyen the testlmony provlded by-at the BHA prGLEedlng as deoston that? flaw setonrls a the fiam", {)ur legal counsel hot mime adjuerahon regards to your lhqulry astocialed a cnpy orme arm and Order it: me f. alter Wlti'l out Offrte at General Counsel, lmtter the 5963/30 Release or Callfidemlal Reports, the Famlly mutt be PM 4 to "Jim's" tupv olthehnalhgt, 1 am speat tllzabertr wlhgetela who lselvlpioyed by use regard vex who wpy ofa am order to Ms, Winglleld, tlte the county or rt the Appeal mm at me and the, Regiora' Office are the only VECEWUS ol the FHA Mum-mm Um you would have any questluns, pzease do not hesl'ate 10 Contact us Amber Amber D. Kalp, M.s.w, Reglonelnlrector Department ofHumall Sem. 5 Office Vouzh arm Weslem Reglun 11 my Street 1 Room 2&0 1512 {an abuse or neglect, pfiease (all Chridl lrle to make- a conflderllal reticrt 2' 575/ tH From:(vnth1a Sent: Wednesuav, August 15, 1018 a 5/ PM Ta: un, Camry awam (our, Kalu Amber --5. -- Subject. F0 Harm-.g-and GJR . 13:2"th I lgucmzl Oriy'nai ,Cumy"- um 11500) Us"! HA: "Knm 'unhu wt Fe m: Cathy A. um Jepulv mt of Human SMWCES If you suspect Child abuse or neglect, please Call Childu'ne to make 3 corzfid report at 1-800'932'0313. Fram' mm F'guwnv; Sent' Heer, A cm, Cc: Perry, no 'mrv'sm, ,'fiam Dear C'azhv, lam arming back win>> you and your mam my :equm for Rumor mformuun remed to m: ADpual a, Hesse adme We Commonwealth Med 5 Manon for Reconsmeranon and/or an appeal ta me Communqunh Cum: ,a )an you prowde us 3 copy Aucmmnany, rhave adv/55d the Fan Court Leadmmp that me- opmmn was '5 42d As trey wave n. panne: the demon 10 :1ch the musk: a: Geurge Jumor, womb. We to sham me AU 5 demm mam 245L- 3d your to do an Hunk fuvwavd heanng from you oynuma Figueroa filly?! g3 7; om: 532m: To: Andrea Donaluco Wednesday, August I, 2013 ,56 AM ADAMS A Sarah Finkey; ALLEGHENV A Marc Cherna; A Paula BEAVER A Dayna Revay; BEDFORD A Lisa Cairo, BERKS - Krista BLAIR A Ashley Gehrdes; BLAIR A Marla Ayers; BRADFORD A Jen Cragle, BUCKS A Lynne KallusARainey; BUTLER A CharleSJOhns; CAMBRIA A Betzi white; CAMBRIA - Michelle Rager; CAMERON A Shirley Wolf, CARBON - Sallianne ScnatzANewton; CENTRE A Julia Sprinkle; CHESTER A Doug Waegel; CLARION A Todd Kline; CLEARFIELD A Jason Hamilton; CLINTON A Autumn Bower, CLINTON - Gerald Rosamilia; COLUMBJA - April Miller, CRAWFORD A Gail Kelly; CUMBERLAND A Nikki MCElwee; Mark Ledtord; DAURHIN A Annmarie Kaiser; DELAWARE A Deirdre Gordon; ELK A Nancy Baker; - Lana Rees; ERIEA LeeAnn TWIdle; FAVETTE - Gina D'Aurla; Fofi, SandyA, FRANKLIN A Douglas Arnsley; FULTON A Christine McDuade; GREENE A Karen Bennett; GREENE - Stacey A Joyce Zolten; INDIANA A Sarah Ross; JEFFERSON A Cindy Cornwall; JUNIATA - Penn. Abram; IACKAWANNA - William Browning, LANCASTER A Natan: LAWRENCE A Frank Merlino; LAWRENCE A William Belz; LEBANON - James Holtry, LEHIGH A Faula Robens; LUZERNE - Joanne Van Saun; A Malk Egly; MCKEAN - DanieIJ Wenz, MERCER . Gabrlel', - Dana Bubb,' MONROE A Adelaide Grace, MONTGOMERY A Laurie O'Connor, MONTOUR A Melodie Culp; NORTHAMPTON A Kevin Dolan, NORTHUMBERLAND - Katrina Gownley; A Kristie CarI, Figueroa BIKE A Glnger Retite, POTTER A Joy SCHUVLKILL A Lisa Stevens; SNYDER - Jenniler Napp Evans, SOMERSET A Doug Waiters, SULLIVAN - Jane Hotteristein; SULLIVAN A Lisa Wilcox; SUSQUEHANNA - Michelle Graziano; TIOGA A Jen Harmon; - Nancy Clemens; UNION A Matthew Ernst, VENANGO A Luann Hartman, WARREN A Meredith Ketcnam; WASHINGTON A Joshua Edenhoier, WASHINGTON A Kimberly Rogers, WAVNE A Linda Vonsml', WESTMORELAND - Shara Saveikis; WYOMING A Mike Donahue; VORK - Terry CIark, ADAMS A Laura Rowland; ALLEGHENY A David Evrard; A Regina Himes; BEAVER A Gary Rosatelli; BEDFORD A Keith Bowser, BERKS - Robert Williams; BLAIR A Nancy Williams; BUCKS - Ted Rice, BUTLER A Douglas Ritson; CAMBRIA A Mark Ledlord; CAMERON A Janette Burkness, CARBON - James Dodson; CENTRE A Thomas Backeristoe; CHESTER A Donald Corry, CLARION A Jayne SinaII; CLEARFIELD - Donald CLINTON A Jason Eoltz, COLUMBIA A Denise Labuda, CRAWFORD A Nick Loiacona; CUMBERLAND A Samuel Millei; A Chad Libby' DELAWARE - Danielie Dimatteo; ELK - Andrew Hatnorn, FAYETTE A Heath Randolp -, FOREST - Steven Barnett; FRANKLIN - Kathleen McGrath; FULTON A Daniel Miller; GREENE A R, Craig wise; HUNTINGDON A Lee Hahn; INDIANA A Michael Hodak; JEFFERSON A Raul Ruttner, JUNIATA A Michelle Beaver, LACKAWANNA A Richard Clifford, LANCASTER A David Muellei, LAWRENCE - Lisa Haddad; LAWRENCE A Ratrick Mlccor LEBANON A Sally Barry,- LEHIGH A Elizabeth Fritz; LEHIGH - Kevin Miller, LEHIGF A Robert Burger; LUZERNE A Angie Zera, LUZERNE A Michael Vecchio; LYCOMING A Edward Robbins; A Teresa Wilcox: MERCER A Mark Benedetto, A Haroster, MONROE - Steven Houloose; MONTOUR A James Miller; NORTHAMPTON A Matthew Garvey; NORTHUMBERLAND A William Rossnock; PERRY A Roger Miller; Iaustino castroA yimeOcoumphiIagov; PHILADELPHIA A Kathy Grasela; PIKE A Jeff Interim; SCHUYLKILL A Kennetn Porter, SNVDER A Bo Trawnz, SOMERSET - Vicki Saonr, SUSQDEHANNA A Jettrey Shoemaker, TIOGA A David Stager; UNION A Scott erardi; VENANGO A Robert Daugherty; WARREN - Jon Gerarde, WASHINGTON A Amanda Gallagher: WASHINGTON A Randy Butka; WAYNE A Sandy Fofl', Brian Aoei'; WESTMORELAND A Adeline Beignley; YORK A Kelly Novak; Kimberly Ali; Tanya, Andrea Marceca Strong, Wayne; Andy: Sandie, Bonnie; Biian; Christ;na Calkins, Jen: Beth, Chris Hakel; ARI. Headquarters; Fatr 'Matthew,' Courtney Tamm: Jason. Brenda; Joan Erney; Tlmene Farlow,' Shannon; Marcy; M: Jeff; Lesley; Jessie Harrie; Courtney, Shawna Harman; Kerry; ran Hon. Walter Olszewski; Jackie: Suzanne; lonn Lester' Amanda, Briana, Joseph Greco; Tom, Lisa Donalan', Sallie, Carin, Thomas Malone, David Manern, Davld: Shawn; Marge, Jake; Meredith Schrel'fler; Rachael; Sandy; Robyn, Lynn,' Terrl Pennington; Mlcnael; Brinda Penyak, Hope; Sandra roll, Kelly; Shannon, Chanel; Greg M. Steele; Richard Eileen; Vickie; Vanessa, Gary bblakely(C)erlecountygovorg Subject: RE: George Junior Republic Good morning, During the past several months, you have received notices from the Department of Human Services Office of Children, Vouth and Families that staff members at George Junior Republic in were indicated for child abuse. The investigations regarding three separate incidences by the Office of Children, Vouth and Families were mandated and we certainly understand the need for stakeholder notifications However, if an indicated abuse finding is overturned, there is not a follow-up notification to stakeholders informing them the indicated status was removed, While our relationship with Office of Children, Youth and is very positive, we are not always in agreement with the initial outcome. Fortunately for the staff member, there is an appeal process. joday I am writing to let you know that four George Junior Republic in staff members appealed eir indicated abuse findings. As a result, all four staff members had their indicated status overturned by the Department of Human Services either at an appeal hearing or prior to an appeal hearing even taking place, We agree that information regarding indicated reports of abuse are shared with you, but we believe it ls also important to inform you when initial findings are overturned. If you any have further questions, please do not hesitate to contact me. Sincerely, Andrea Andrea M. Donarucci, MSW. st Vice Prestdent of Support and Community Based Programs 233 George Junior Road PO Box 1058 Grove Cily,FA16|27 Home /  Browse Decisions /  A.3d /  206 A.3d /  206 A.3d 644 (2019)   S.K. v. DEPT. OF HUMAN SERVICES No. 685 C.D. 2018. View Case Email Print Comments (0) Cited Cases 206 A.3d 644 (2019) S.K., Petitioner, v. DEPARTMENT OF HUMAN SERVICES, Respondent. Commonwealth Court of Pennsylvania. Argued: February 11, 2019. Decided March 27, 2019. Attorney(s) appearing for the Case Bradley G. Olson, Jr. , New Castle, for petitioner. Zachariah L. Rivenbark , Assistant Counsel, Pittsburgh, for respondent. BEFORE: HONORABLE MARY HANNAH LEAVITT, President Judge, HONORABLE ANNE E. COVEY, Judge (P.), HONORABLE CHRISTINE FIZZANO CANNON, Judge. S E AL E D C AS E OPINION BY JUDGE, COVEY. S.K. petitions this Court for review of the Department of Human Services (DHS) Bureau of Hearings and Appeals' (BHA) April 20, 2018 order denying S.K.'s request to expunge his indicated report 1 of child abuse from the ChildLine & Abuse Registry (ChildLine Registry). 2 Essentially, S.K. presents two issues for this Court's review: (1) whether the BHA erred by concluding that S.K.'s actions were reckless and, thus, constituted child abuse; and (2) whether the BHA erred by concluding that S.K. did not use reasonable force. 3 Upon review, we reverse. S.K. was a sta member at a Pennsylvania residential facility (Facility) for children [206 A.3d 647] who have been adjudicated dependent or delinquent, or have mental health issues. On September 16, 2017, DHS' O ce of Children, Youth and Families (OCYF) received a report that, on September 15, 2017, S.K. caused bodily injury to a minor (Minor) who resided at the Facility. See Reproduced Record Volume I (R.R. I) at 1-2. OCYF conducted an investigation, whereby it determined, in pertinent part: [S.K.] is [] residential sta who had duties meeting the de nition of a child care worker. [Minor] and [S.K.] were interviewed. Medical records and video were reviewed. The video shows that [Minor] was grabbed around [his] waist, lifted o of the oor, rotated in the air, and put on ground with force causing [Minor] to land on [his] shoulders, neck and back. The force was enough to cause [Minor's] legs/feet to approach [his] head when [Minor] landed on [his] shoulders/head. [Minor] has a diagnosed concussion as a result of [ ] being thrown on the ground by [S.K.]. [Minor's] and [S.K.'s] statements are consistent with the video and support the evidence of [S.K.] causing bodily harm to [Minor] through a recent act. R.R. I at 2 (OCYF Investigation Report at 2). On October 10, 2017, OCYF led an indicated report against S.K. as a perpetrator of abuse against Minor. See ( g p ) , 7, p g p p g R.R. I at 4. On November 21, 2017, S.K. requested review of OCYF's report by DHS' Secretary. See R.R. I at 5-9. By December 7, 2017 letter, the Secretary's designee stated: "We believe the report is accurate and being maintained in a manner consistent with the Child Protective Services Law [(Law) 4]. Thus[,] the report will remain on le as originally reported." R.R. I at 10. S.K. appealed to the BHA. A hearing was held on March 14, 2018, before an Administrative Law Judge (ALJ). See Reproduced Record Volume II (R.R. II) at 1-241. On April 2, 2018, the ALJ issued an adjudication and recommendation denying S.K.'s appeal and declaring that OCYF proved that S.K.'s actions were reckless and, thus, constituted child abuse. See R.R. II at 243-267. On April 20, 2018, the BHA adopted the ALJ's recommendation in its entirety. See R.R. II at 242. S.K. appealed to this Court. 5 Initially, Section 6341(a)(2) of the Law authorizes "the [S]ecretary to . . . expunge an indicated report on the grounds that it is inaccurate or it is being maintained in a manner inconsistent with [the Law]." 23 Pa.C.S. § 6341(a)(2). "[T]he proper inquiry into whether an indicated [206 A.3d 648] report of child abuse should be expunged is whether the report is accurate." B.K. v. Dep't of Pub. Welfare, 36 A.3d 649, 653 (Pa. Cmwlth. 2012). Moreover, "[OCYF] has the burden of establishing by substantial evidence that an indicated report of child abuse is accurate." Bucks Cty. Children & Youth Soc. Servs. Agency v. Dep't of Pub. Welfare, 808 A.2d 990, 993 (Pa. Cmwlth. 2002). The facts of this case are not in dispute. The parties agree that S.K. was responsible for Minor's welfare and he was trained in and authorized to use Safe Crisis Management (SCM) restraint techniques when a child presents a danger to himself or to others. 6 See R.R. II at 11-12, 111-113, 137, 175, 187. On September 15, 2017, Minor did not want to attend school. See R.R. II at 26, 45. At breakfast, Minor noti ed sta that he intended to get kicked out of school, turn the building upside down and be restrained. See R.R. II at 166. S.K. attempted choice theory techniques with Minor, asking him how such behavior would assist him in the program. See R.R. II at 167-168. Minor went to school but, rather than participate, he wrote "I don't care" on his paper and put his head down, prompting his teacher to direct him to leave. R.R. II at 27, 46-47. After S.K. witnessed Minor storm out of school, S.K. and sta member D.F. followed Minor to his room to insure Minor's safety and that he did not damage the room. See R.R. II at 49, 172-173. Due to Minor's behavior in his room, S.K. and D.F. took Minor to a time-out room. 7 See R.R. II at 27, 173-175. Minor struggled against S.K. on the way to the time-out room. See R.R. II at 174-175. For approximately the rst 10 minutes in the time-out room, Minor paced the oor and hit the walls as S.K. stood in the doorway speaking to him. See R.R. II at 28, 54-55, 100, 177-179. Eventually, Minor asked S.K. to turn the lights o at the hallway switch so Minor could sleep, but S.K. explained that the lights had to remain on for the video recording that was in place for both their safety. See R.R. II at 55-58. Minor nevertheless made two additional attempts to push past S.K. to the hallway to turn the time-out room lights o , and each time made contact with S.K. See R.R. II at 28-29, 56, 58-62, 9697, 104. On Minor's third attempt to reach out of the room, S.K. attempted to use an SCM-approved method to restrain Minor, but ended up restraining Minor in a manner that deviated from his Facility training. 8 See R.R. II at 89-92, 112-113, 131, 187-190. Speci cally, S.K. lifted up Minor and delivered him to the oor in such a manner that Minor's head and neck struck the oor rst. See R.R. II at 29-32, 181-182, 186; see also S.K. Br. at viii. S.K. held Minor on the [206 A.3d 649] oor in a kneeling torso hold until S.K. thought Minor was calm. 9 See R.R. II at 31, 64, 181-182, 184. Immediately after the incident, S.K. escorted Minor back to his room and contacted the in rmary to check Minor. See R.R. II at 184. Thereafter, Minor's head and back hurt, and he vomited several times. See R.R. II at 30-31. Minor received medical treatment rst at the Facility, then at Grove City Medical Center emergency room, and nally at UPMC Children's Hospital of Pittsburgh. See R.R. II at 32-36, 38-41, 124-125. Minor was diagnosed with a concussion. See R.R. II at 40, 138, 191, 193. The Facility discharged S.K. for his use of improper technique on September 15, 2017. See R.R. II at 95, 100. Section 6303(b.1) of the Law provides, in pertinent part: "The term `child abuse' shall mean intentionally, knowingly or recklessly . . . [c]ausing bodily injury to a child through any recent act or failure to act." 10 23 Pa.C.S. § 6303(b.1). Section 6303(c) of the Law speci es: Conduct that causes injury or harm to a child or creates a risk of injury or harm to a child shall not be considered child abuse if there is no evidence that the person acted intentionally, knowingly or recklessly when causing the injury or harm to the child or creating a risk of injury or harm to the child. 23 Pa.C.S. § 6303(c). The BHA in this case adopted the ALJ's conclusion that S.K. did not intentionally or knowingly harm Minor, but that his actions were reckless and, thus, constituted child abuse under the Law. See R.R. II at 242, 264-265. S.K. argues that the BHA erred by applying a recklessness standard and concluding that he committed child abuse. He claims that since he accidentally injured Minor on September 15, 2017, pursuant to the Supreme Court's decision in P.R. v. Department of Public Welfare, 569 Pa. 123, 801 A.2d 478 (2002), the BHA should have applied a criminal negligence standard. Preliminarily, in P.R., an indicated report of child abuse was led naming the mother as the perpetrator after she in icted a serious eye injury on the child while attempting to strike the child with a belt as punishment for writing on the walls. DHS applied a foreseeability standard, concluded that the child's injury resulted from abuse, and denied the mother's request to expunge the indicated report. This Court reversed DHS' order, " nding that foreseeability alone was an insu cient basis to sustain a conclusion that the injury resulted from abuse rather than an accident." Id. at 479. On appeal, the Pennsylvania Supreme Court a rmed this Court's conclusion that the mother's indicated report should be expunged, but did not endorse this Court's foreseeability standard. Rather, our Supreme Court held: To balance the competing objectives of protecting children from abuse while maintaining the parental right to use corporal punishment, the legal standard for di erentiating abuse from accident must acknowledge some level of culpability by the perpetrator that his actions could reasonably create a serious injury to the child. The standard that best comports with the problem of de ning abuse in terms of nonaccidental injury is criminal negligence. Criminal negligence intertwines the concepts of foreseeability and intent to a degree that this [Supreme C]ourt nds appropriate for di erentiating cases of accidental and nonaccidental injury in keeping with the legislative directive contained within the [Law]. The legislature has de ned criminal negligence as follows: A person acts negligently with respect to a material element of an o ense when he should be aware of a substantial and unjusti able risk that the t i l l t i t ill lt f hi d t Th i k t b f h t d d th t th t ' f il t i it material element exists or will result from his conduct. The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and intent of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation. 18 Pa.C.S.[ ] § 302(b)(4). This de nition satis es the parameters of de ning an injury caused by abuse as something that occurs in contrast to an injury caused by accident. Accordingly, . . . in cases where a child su ers a serious injury arising from the administration of corporal punishment, a nding that the injury resulted from abuse versus accident will depend upon a showing, by the agency, through substantial evidence, that the injury resulted from criminal negligence. Id. at 486-87 (emphasis added). Although the Law has been amended since P.R. was decided, this Court has held that "the criminal negligence standard pro ered by our Supreme Court in P.R. is now codi ed in the [Law] under the auspices of the de nition of `nonaccidental.' The result is that P.R. remains controlling precedent, and criminal negligence is still the proper standard in corporal punishment cases." F.R. v. Dep't of Pub. Welfare, 4 A.3d 779, 787 (Pa. Cmwlth. 2010) (bold and underline emphasis added). However, because the instant matter does not involve corporal punishment, P.R. is inapposite. 11 Accordingly, the BHA properly declined to apply a criminal negligence standard, and applied a recklessness standard when reviewing S.K.'s appeal. Section 6303(a) of the Law states that the term "recklessly" as used in the Law "shall have the same meaning as provided in [Section 302 of the Crimes Code,] 18 Pa.C.S. § 302 (relating to general requirements of culpability)." 23 Pa.C.S. § 6303(a). Section 302(b)(3) of the Crimes Code establishes: A person acts recklessly with respect to a material element of an o ense when he consciously disregards a substantial and unjusti able risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and intent of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor's situation. 18 Pa.C.S. § 302(b)(3) (emphasis added). At the hearing, OCYF presented the September 15, 2017 video recording, the Facility's Emergency Safety Physical Intervention (ESPI) Report, OCYF's Investigation Report, Minor's medical records, and testimony from Minor, the Facility's Vice President of Treatment Services S.D. (S.D.), and OCYF Human Services Program representative Wilson Smith (Smith). S.K. testi ed and presented D.F.'s testimony. Minor testi ed that he could not recall speci cally how S.K. restrained him in the time-out room, only that he was lifted o the ground and then was on the ground. See R.R. II at 29-30, 52-53. He claimed that he was tired, not angry, acting out or clenching his sts, and stated he was touching or tapping the time-out room walls rather than hitting them. See R.R. II at 31, 47, 49, 54-55, 63. Minor admitted making contact with S.K. every time he attempted to reach the light switch, but maintained that it was "not forcefully." R.R. II at 60. S.D. testi ed that after she learned of S.K.'s restraint of Minor, she reviewed the ESPI Report, the video recording and Minor's medical records. See R.R. II at 85-89. She acknowledged that S.K. clearly attempted to talk to Minor for approximately 10 minutes, yet Minor appeared to be agitated and was punching the walls, and tried to push past S.K. more than once. See R.R. II at 96-97. S.D. further opined that "[v]erbal behavior is not a danger," and that no approved restraint method authorized S.K. to subdue Minor to the oor. R.R. II at 113; see also R.R. II at 111-112. She expressed that take-downs would only be appropriate in the most extreme cases and this was not one of them. See R.R. II at 115-116. However, based upon Minor's position in the timeout room, S.D. acknowledged the possibility that if S.K. had e ectuated a proper upper torso restraint, Minor would have had access to the doorway and the hall. See R.R. II at 104. Smith, the OCYF employee assigned to investigate the incident, testi ed that he reviewed the video footage and Minor's medical records, and interviewed Minor, whose recollection of the incident was the same as his testimony, in that he could not recall details of the restraint itself. See R.R. II at 130, 132. Smith agreed that Minor needed to be in the time-out room and, although Minor's reaching outside the room was su cient justi cation for S.K. to restrain Minor, the take-down was not necessary since it was evident that S.K. was in complete control of Minor at that point. See R.R. II at 137, 146-148. S.K. testi ed that, although he was not aware of Minor's speci c diagnosis, the youth in the Facility unit he supervised on September 15, 2017, had been adjudicated delinquent, had behavioral health issues, or both. See R.R. II at 169-171. He acknowledged that he was taught that any time a restraint is used, there is potential for injury, and that there was an increased injury risk if an unapproved restraint is used. See R.R. II at 186-187, 189-190. S.K. explained that he had a good relationship with Minor, he cared about him and wanted him to do well. See R.R. II at 171. S.K. stated that Minor's demeanor when he left the classroom that morning was "like a combination of sarcastic and angry[; he] wanted to show that he got kicked out of school and he's in charge." R.R. II at 173. S.K. recalled that because Minor took a ghting stance with clenched sts in his room, S.K. used an SCM-approved extended arm escort technique when he and D.F. took Minor to the time-out room. See R.R. II at 174-175. S.K. reported that, in the [206 A.3d 652] time-out room, Minor was walking in circles with clenched sts and threatening to assault S.K., his peers and sta members, and to get out of the Facility "his way." R.R. II at 177. He described that, during this time, he was talking to Minor (using choice techniques) and asking how he could help Minor. See R.R. II at 177-178. S.K. stated that, after Minor contacted him to get past him the second time, S.K. warned Minor that if he tried it again, S.K. would have to restrain him. See R.R. II at 180. S.K. recounted that the other sta members did not respond to his two calls for help 12 and Minor's behavior in the time-out room was escalating, so when Minor approached him the third time, he intended to place Minor in an upper torso restraint 13 to keep him from leaving the room and either ful lling his threats or getting hurt in the concrete hallway. See R.R. II at 179-182. S.K. testi ed: In a split second, I had to think—I had to think outside of this time-out room, it is concrete oors, concrete walls, there are other youth out there who he may or may not try to harm, other sta members that [Minor] may or may not try to harm, and that I have to keep him in the time-out room for everybody's safety. It's a small room I was initially in a doorway which makes it di cult to get around And I got him by the waist I intended for an upper torso It did It s a small room. I was initially in a doorway, which makes it di cult to get around. And I got him by the waist. I intended for an upper torso. It did not happen. I made a mistake. But I had to commit, or a more serious injury could have happened. R.R. II at 181. He reported that he tried to pull Minor back in the room, but ended up lifting him. See R.R. II at 182. S.K. testi ed that he was not angry and he did not intend to lift Minor or for Minor to hit his head or otherwise get hurt in any way. See R.R. II at 182-183. S.K. acknowledged his mistake and admitted that his take-down was improper. See R.R. II at 131, 183, 185. "In child abuse expunction proceedings, the [BHA], as the [DHS] Secretary's designee, is the ultimate nder of fact, and the ultimate arbiter of the weight to be assigned to the evidence presented." Beaver Cty. Children & Youth Servs. v. Dep't of Pub. Welfare, 68 A.3d 44, 47 n.4 (Pa. Cmwlth. 2013); see also D.T. v. Dep't of Pub. Welfare, 873 A.2d 850 (Pa. Cmwlth. 2005). Here, the BHA adopted the ALJ's nding that all of the witnesses testi ed credibly, and the ALJ's conclusion that S.K.'s actions were reckless and, therefore, constituted child abuse under the Law. See ALJ Dec. at 11, 21-23. The BHA also relied upon the ALJ's reasoning: [A]ny reasonable adult knows that picking a child up o the ground and slamming him head rst to the ground creates a substantial and unjusti able risk of serious injury to the child. In this case, although [S.K.] had to act quickly, he nevertheless slammed [Minor] to the ground head rst, disregarding a substantial and unjusti able risk [Minor] would su er bodily injury as a result. Not only was [S.K.'s] take-down of [Minor] in violation of his SCM training, it was a gross deviation from the standard of conduct that a reasonable person would observe in his situation. [Minor] was certainly agitated; making inappropriate comments about wanting to get out of the [time-out room], turn o the lights, etc.; and repeatedly moved toward (and made physical contact with) [S.K.] in [an] attempt to turn the lights o . But [Minor's] action's did not warrant the kind of `take-down' [S.K.] performed. . . . . This was a situation where a troubled child was frustrated, verbally acting out, and disobeying [S.K.'s] verbal commands not to turn o the time-out room lights. No reasonable person in [S.K.'s] situation, especially a person with [S.K.'s] specialized SCM training, would have picked [Minor] up o the oor and slammed him head rst into the ground and with as much force as [S.K.] did. . . . [S.K.] repeatedly testi ed he `made a mistake' and did not mean to take [Minor] to the ground as hard as he did. Regardless, [S.K.] intentionally used a non-SCM technique in violation of his training, knowing it increased the risk of injury to [Minor]; intentionally put [Minor] in a bear-hug; intentionally lifted [Minor] up o the ground; and intentionally and forcefully slammed [Minor] to the ground head rst. While [S.K.] may believe, in retrospect, that his actions were a `mistake,' what matters is that in the moment, [S.K.] acted in disregard of a substantial and unjusti able risk [Minor] would su er bodily injury. ALJ Dec. at 21-22; R.R. II at 264-265. Accordingly, the BHA held that the evidence supporting S.K.'s indicated report of child abuse was accurate and the report is being maintained in accordance with the Law. "It goes without saying that an appellate court may not nd facts or reweigh the evidence. Nevertheless, whether [OCYF's] evidence satis ed the standard set forth in the statute is a question of law." In re: S.H., 96 A.3d 448, 455 (Pa. Cmwlth. 2014) (citations omitted). Under the Law, S.K. acted recklessly if there was a "substantial and unjusti able risk" about which S.K. was aware but "consciously disregard[ed]," and his disregard of that risk "gross[ly] deviat[ed]" from what another reasonable person in his situation would have done. 18 Pa.C.S. § 302(b)(3). Because those key terms are not de ned in either the Crimes Code or the Law, they "must be construed in accordance with [their] common and ordinary meaning[s]. See 1 Pa.C.S. § 1903(a). It is well-established that the common and approved meaning of a word may be ascertained from an examination of its dictionary de nition." Chamberlain v. Unemployment Comp. Bd. of Review, 631 Pa. 489, 114 A.3d 385, 394 (2015). Merriam-Webster's Collegiate Dictionary (11th ed. 2004) (Merriam-Webster's) de nes "risk" as the "possibility of loss or injury: PERIL[.]" Id. at 1076. The risk must be substantial and unjusti able. Merriam-Webster's de nes "substantial" as "not imaginary or illusory: REAL, TRUE[.]" Id. at 1245. Although "unjusti able" is not separately de ned, Merriam-Webster's de nes "justi able" as "capable of being justi ed: EXCUSABLE." Id. at 680. By extension, "unjusti able" means incapable of being justi ed or inexcusable. Accordingly, here, the substantial and unjusti able risk would be the real possibility that Minor would sustain a bodily injury for which there is no justi cation, excuse or defense. To meet the de nition of reckless, S.K. had to have consciously disregarded that risk. Merriam-Webster's de nes "conscious" as "perceiving, apprehending, or noticing with a degree of controlled thought or observation[.]" Id. at 265. Merriam-Webster's de nes "disregard" as "to pay no attention to: treat as unworthy of regard or notice[.]" Id. at 362. Thus, S.K. had to have perceived, but ignored the risk or deemed it unworthy of regard. [206 A.3d 654] Finally, S.K.'s conscious disregard of the risk had to have grossly deviated from what a reasonable person in S.K.'s circumstances would have found acceptable. Merriam-Webster's de nes "gross" as "immediately obvious[;] . . . glaringly noticeable usu[ally] because of inexcusable badness or objectionableness[.]" Id. at 551. Merriam-Webster's de nes "deviation" as a "noticeable or marked departure from accepted norms of behavior." Id. at 342. Therefore, S.K. had to have glaringly obviously deviated from conduct a reasonable person would nd acceptable in the same circumstances. In Fitsko v. Gaughenbaugh, . . . 363 Pa. 132, 69 A.2d 76 ([Pa.] 1949), [the Pennsylvania Supreme Court] cited with approval the Restatement (Second) of Torts de nition of `reckless disregard' and its explanation of the distinction between ordinary negligence and recklessness. Speci cally, the Restatement (Second) of Torts de nes `reckless disregard' as follows: The actor's conduct is in reckless disregard of the safety of another if he does an act . . . knowing or having reason to know of facts which would lead a reasonable man to realize, not only that his conduct creates an unreasonable risk of physical harm to another, but also that such risk is substantially greater than that which is necessary to make his conduct negligent. Restatement (Second) of Torts § 500 (1965). The Commentary to this Section emphasizes that `[recklessness] must not only be unreasonable, but it must involve a risk of harm to others substantially in excess of that necessary to make the conduct negligent.' Id., cmt. a. Further, as relied on in Fitsko, the Commentary contrasts negligence and recklessness: Reckless misconduct di ers from negligence in several important particulars. It di ers from that form of negligence which consists in mere inadvertence, incompetence, unskillfulness, or a failure to take precautions to enable the actor adequately to cope with a possible or probable future emergency, in that reckless misconduct requires a conscious choice of a course of action, either with knowledge of the serious danger to others involved in it or with knowledge of facts which would disclose this danger to any reasonable man. . . . The di erence between reckless misconduct and conduct involving only such a quantum of risk as is necessary to make it negligent is a di erence in the degree of the risk, but this di erence of degree is so marked as to amount substantially to a di erence in kind. Id., cmt. g; see also AMJUR Negligence § 274 (`Recklessness is more than ordinary negligence and more than want of ordinary care; it is an extreme departure from ordinary care, a wanton or heedless indi erence to consequences, an indi erence whether or not wrong is done, and an indi erence to the rights of others'). Our criminal laws similarly distinguish recklessness and negligence on the basis of the consciousness of the action or inaction. See 18 Pa.C.S.[ ] § 302(b)(3), (4) (providing that a person acts recklessly when he `consciously disregards a substantial and unjusti able risk,' while a person acts negligently when he `should be aware of a substantial and unjusti able risk'). This conceptualization of recklessness as requiring conscious action or inaction not only distinguishes recklessness from ordinary negligence, but aligns it more closely with intentional conduct. Tayar v. Camelback Ski Corp., Inc., 616 Pa. 385, 47 A.3d 1190, 1200-01 (2012) (emphasis added). [206 A.3d 655] Section 302(b)(3) of the Crimes Code, incorporated by Section 6303(a) of the Law, speci es that a determination of whether the risk was of such a nature and degree that its disregard vastly departed from acceptable conduct must be determined "considering the nature and intent of [S.K.'s] conduct and the circumstances known to [S.K.]" when the incident occurred. 18 Pa.C.S. § 302(b)(3) (emphasis added). Here, the credible testimony does not support the BHA's denial of S.K.'s expungement request. The record evidence demonstrates that S.K. was a concerned sta person who tried everything within his means to de-escalate Minor's behavior. The circumstances known to S.K. were that Minor was agitated and threatening, and he had already carried out one of his threats—to get thrown out of school. S.K. maintained self-control. He talked and acted calmly toward Minor, using SCM-approved choice theory techniques, but Minor's agitation escalated. S.K. did not have a panic button or sta assistance available to him, and he was aware that a camera was recording his actions. Minor twice attempted to reach or get outside the time-out room, each time physically contacting S.K. in the process. S.K. warned Minor that a third try would result in restraint, and S.K.'s requests for assistance were futile. S.K. intended to use an SCM-approved upper torso restraint but, in a split-second decision to protect Minor and other residents, S.K.'s upper torso restraint did not go as planned, S.K. used a modi ed wrestling move and Minor landed on the oor. S.D. acknowledged the possibility that if S.K. had e ectuated a proper upper torso restraint, Minor would have had access to the doorway and the hall. This Court acknowledges that S.K. was aware that bodily injury could occur when SCM-approved manual restraints are used, and the risk increased if other restraint techniques are used. However, the OCYF failed to establish that, under the circumstances facing S.K. on September 15, 2017, S.K. consciously disregarded or was indi erent to the risk that Minor could be injured when S.K. restrained him. Nor is there any credible record evidence that S.K. grossly deviated from what a reasonable person would have found acceptable under the same circumstances. Accordingly, the BHA erred by concluding that S.K. acted recklessly and, thus, committed child abuse. 14 Based on the foregoing, the BHA's April 20, 2018 order is reversed. ORDER AND NOW, this 27th day of March, 2019, the Department of Human Services Bureau of Hearings and Appeals' April 20, 2018 order is reversed. Fo o t N o t e s 1. Section 6303(a) of the Child Protective Services Law (Law) de nes an "indicated report" as a report issued by DHS if it "determines that substantial evidence of the alleged abuse by a perpetrator exists based on any of the following: (i) [a]vailable medical evidence[;] (ii) [t]he child protective service investigation[; or] (iii) [a]n admission of the acts of abuse by the perpetrator." 23 Pa.C.S. § 6303(a); see also Section 3490.4 of DHS' Regulations, 55 Pa. Code § 3490.4. 2. Section 3490.4 of the DHS Regulations de nes "ChildLine" as [a]n organizational unit of [DHS] which operates a Statewide toll-free system for receiving reports of suspected child abuse established under [S]ection 6332 of the [Law] (relating to establishment of Statewide toll-free telephone number), refers the reports for investigation and maintains the reports in the appropriate le. . . . 55 Pa. Code § 3490.4. "The ChildLine Registry is maintained in accordance with the [Law.]" In re: S.H., 96 A.3d 448, 450 n.2 (Pa. Cmwlth. 2014). 3. S.K. presents six issues in his Statement of Questions Involved: Whether the Administrative Law Judge (ALJ) erred and abused her discretion by denying S.K.'s expunction request where evidence demonstrates that (1) S.K. accidentally in icted injury on Minor and no mens rea was established; (2) S.K.'s contact with Minor is excluded from the de nition of child abuse in Section 6304(c)(1) of the Law, 23 Pa.C.S. § 6304(c)(1); (3) S.K.'s contact with Minor is excluded from the de nition of child abuse in Section 6304(c)(2)(i) of the Law, 23 Pa.C.S. § 6304(c)(2)(i); (4) S.K.'s contact with Minor is excluded from the de nition of child abuse in Section 6304(c)(2)(ii) of the Law, 23 Pa.C.S. § 6304(c)(2)(ii); (5) S.K.'s contact with Minor is excluded from the de nition of child abuse in Section 6304(c)(2)(iii) of the Law, 23 Pa. C.S. § 6304(c)(2)(iii); and (6) the ALJ applied a standard of care less than criminal negligence. See S.K. Br. at iii-iv, 18-24. Because these issues are subsumed in this Court's analysis of whether the BHA properly applied a recklessness standard in concluding that S.K.'s actions constituted child abuse and whether S.K. used reasonable force, they have been combined herein. 4. 23 Pa.C.S. §§ 6301-6386. 5. "Our review [of BHA's order] determines whether constitutional rights were violated, whether errors of law were committed or whether necessary ndings of fact are supported by substantial evidence." S.H., 96 A.3d at 453 n.4. Section 6303(a) of the Law de nes "substantial evidence" as " [e]vidence which outweighs inconsistent evidence and which a reasonable person would accept as adequate to support a conclusion." 23 Pa.C.S. § 6303(a); see also G.V. v. Dep't of Pub. Welfare, 625 Pa. 280, 91 A.3d 667 (2014); S.H. 6. For 2½ years, S.K. had been a clinical manager in the Facility's Special Needs 7 unit. See R.R. II at 164. S.K. held a bachelor's degree with a psychology minor and, at the time of this incident, he was pursuing a graduate degree in clinical mental health counseling. See R.R. II at 164-166. 7. The time-out room was approximately 5 feet wide and 6 or 7 feet long, with padding on the walls and the oor. See R.R. II at 53, 103. The hallway immediately outside the time-out room was constructed of concrete, with carpet over the concrete oor. See R.R. II at 53, 59, 103. D.F. testi ed that he assisted S.K. in escorting Minor to the time-out room, but was called away to help sta witness anything that occurred while Minor and S.K. were in the time-out room. See R.R. II at 160-161. member A.W. with another child and did not 8. S.K. reported that he called out for help twice before the incident occurred, and once after he had Minor on the ground, but D.F. and A.W. were occupied with the other incident. See R.R. II at 179-180. 9. Although it was standard practice for Facility sta to carry panic alarms with them to summon assistance when necessary, when this incident occurred, S.K. did not have a panic alarm available to him. See R.R. II at 101, 176-177. There were three Facility sta (S.K., D.F. and A.W.) on duty on September 15, 2017, and A.W. had the only panic alarm, since the night sta either took one home or misplaced it. See R.R. II at 160. 10. "Bodily injury" is de ned in Section 6303(a) of the Law as "[i]mpairment of physical condition or substantial pain." 23 Pa.C.S. § 6303(a). 11. Notably, Section 3800.32(b) of DHS' Regulations applicable to child residential facilities speci es that "[a] child may not be . . . subject to corporal punishment." 55 Pa. Code § 3800.32(b). Therefore, S.K. was prohibited from in icting corporal punishment on Minor. 12. At the time, D.F. and A.W. were dealing with an incident involving another child. See R.R. II at 160-161. 13. S.K. described the SCM upper torso restraint: "You're standing up, and you swoop your arms over the shoulders (indicating), and you hold your arms together . . . [with the child] facing away." R.R. II at 93-94. 14. In light of this Court's disposition of the rst issue, it need not address the second issue which was S.K.'s defense under Section 6304(c) of the Law. Commen t Your Name Your Email Comments Submit Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. 1000 Characters Remaining   Copyright © 2017, Leagle, Inc. Disclaimer Terms of Use Privacy Statement About Us Contact Us TR 0? WEARE Wanted: MMwmumwm Miaa1m 861 rm.mm1am WSW - ?a 3:22: am: WM mam 93;? 4&3: wi??m DEPARTMENT OF HUMAN SERVICES AUG 29 2mg Dear Colleague: The Department of Human Services (department) is committed to ensuring the health and safety of the children placed in residential facilities, day treatment programs. and resource family homes. This letter is being sent in accordance with the department's procedures for notifying individuals involved in making placement decisions for children of formal licensing actions, certain criminal incidents or deiinquent acts, all deaths, and certain other events. This letter applies to licensees that provide or arrange for placement for children and youth up to age 21 under Title 55 Pa. Code Chapters 3130 (relating to administration of county children and youth social service programs), 3350 (relating to adoption services), 3680 (relating to administration and operation of a chiidren and youth sacial service agency), 3700 (relating to foster family care agency), and 3800 (relating to child residential and day treatment facilities), as well as to YDCs and YFCs. These notification requirements also apply to educational programs located within a Chapter 3800 program, YDC or YFC. This letter is to inform you that an incident in a facility resulted in a staff being removed from child care duties based on an approved plan of supervision. information on Adelphoi Village, lnc., Alliance is as follows: Adelphoi Village, Inc. Alliance License Number: 411060 112 Porter Avenue Connelisville, 15425 County:_Fayette Region: Western Inquiries regarding incident-specific information should be directed to the identi?ed agency not to the Of?ce of Children, Youth and Families (OCYF). Questions regarding the noti?cation protocol should be directed to the appropriate OCYF Regional Of?ce. Sincerely. 6% Amy rippi Acting Deputy Secretary Deputy Secretary for Of?ce of Children. Youth 8 Families 625 Forster Street Room 131, Health Welfare Bldg. Harrisburg, PA 17105 717.787.4756 Fax 717.787.0414 Testimony on the Office of Children’s Advocate Secretary Teresa Miller Department of Human Services House Children & Youth Committee June 19, 2018 Thank you for the opportunity to submit written testimony on establishing the Office of Children’s Advocate within the Office of Attorney General. Based on Representative Petri’s House Bill 1311, the Children’s Advocate would be tasked with investigating complaints against the child welfare system, policies, and procedures, advocating for legislative changes, providing recommendations to the Governor, General Assembly, Supreme Court, Attorney General, and Department of Human Services (DHS), and advising the public on assistance the Children’s Advocate can provide. The Department of Human Services (DHS) Office of Children, Youth and Families (OCYF) oversees Pennsylvania’s child welfare system, which is state-supervised and countyadministered. Each of the 67 counties in the commonwealth have an established child welfare agency. The structure of the county agency differs from county to county; however, all counties are responsible to provide protective services to children in accordance with the Human Services Code, Child Protective Services Law, Juvenile Act, Adoption Act, and DHS regulations. County children and youth agencies may provide these services directly or through purchase of service contracts with private providers with the county agency assuming a case management function. DHS is committed to continuously assessing and analyzing child welfare system strengths and challenges, and developing strategies to improve the services provided to children and families. Currently supervision and oversight are provided on many levels. Within DHS, four regional offices under OCYF’s Bureau of Children and Family Services monitor both county agencies and private providers. The regional offices are responsible for annual licensure, complaint investigations, investigations of child abuse when there is a conflict of interest due to a contractual relationship, technical assistance, quality service reviews, child fatality/near fatality case reviews, and needs-based plan and budget reviews. The regional offices, as part of their 1 primary responsibilities, investigate complaints received regarding the services delivered by county and private children and youth agencies. This includes identifying whether statutory or regulatory violations occurred and providing recommendations for practice improvement and development of a corrective action plan. The Pennsylvania Auditor General’s Office conducts financial and performance audits of individuals, state agencies, and organizations that receive state funds, which includes county children and youth agencies. Cost reports for all 67 county children and youth agencies are reviewed by the Auditor General’s Office to determine the proper use of state funds to administer social services and to protect children from abuse and neglect. Complaints to the Auditor General’s Office can result in an audit that independently assesses the performance, administration, and management of a children and youth agency. Additional oversight of the child welfare system occurs through the appeal process. In Pennsylvania, families, licensed agencies, and individuals named as perpetrators can appeal several decisions made within the child welfare system. This process helps to ensure that due process is served to the consumers of child welfare services. Depending on the situation, an appeal can be made to the county children and youth agency, Family Foster Care Agency (FFCA), DHS Bureau of Hearings and Appeals, Commonwealth Court, or the DHS Secretary. With a focus on continuous quality improvement, DHS established the PA Child Welfare Council in November 2016. The group consists of about 50 multidisciplinary members including county children and youth agencies; private providers; courts and law enforcement; advocates; and the Departments of Education, Health, and Drug and Alcohol Programs; the Juvenile Court Judges Commission; and the Pennsylvania Commission on Crime and Delinquency. The Council 2 and its subcommittees meet regularly to assess the child welfare system, identify strengths and areas for growth, and guide systemic change. To date, the Council has reviewed statewide child abuse and neglect data, reasons children enter Pennsylvania’s foster care system, outcome data for counties participating in the quality service review initiative, and federal mandated plans and system goals. This information was used to establish priority areas for system change in the areas of safety, permanency, and well-being. In October 2017, four subcommittees were formed to lead the development of detailed action plans that would result in overarching system change. The Council and subcommittees continue to meet on a regular basis to identify action steps that will lead to longterm system change. If the Office of Children’s Advocate is established, DHS recommends the office complement existing efforts and avoid duplication of current oversight responsibilities of the OCYF regional offices, Pennsylvania Auditor General’s Office, appeal process, and PA Child Welfare Council. A Children’s Advocate should focus on assisting youth, families, partner agencies, citizens, and media professionals with system navigation, and educating the public of the roles and responsibilities of the child welfare system. The position could also engage in cross-system collaboration with the Departments of Education, Health, and Corrections, and serve as an active member of the PA Child Welfare Council, Statewide Child Fatality/Near Fatality Trend Analysis Team, and other appropriate committees and workgroups. Thank you again for the opportunity to submit written testimony and thank you for your continued support of Pennsylvania’s children and families. 3 {$6151 .: . G'I'K?'fli?fill COMMONWEALTH OF DEPARTMENT OF PUBLIC WELFARE This Certi?cate is h?reby granted to GLEN MILLS To operate TYLER HALL Located at 135 GLEN MILLS . . . - 19342' . AC rrvoRAgENc?o (MAXIMUM CAPACITY) and Dav Treatment Faciliti .. MANUAL NUMBER AND TITLE OFREGULATIONS No: B7390 ESSUINGOFFICER DEPUTYSECRETARY NOTE: This certi?cate is issued for the above site(s) onty and is not transferable and should be posted in a conspicuous place in the facility. PW 828 1'n??il ?1 . n. COMMONWEALTH OF DEPARTMENT OF PUBLIC WELFARE PO. BOX 2675 HARRISBURG, 17105-2675 Office of Children, Youth Families - - Phone: 717?787?4756 Deputy Secretary?s Office AUG 6 2 2012 Fax: 717-787?0414 Mr. Garrison D. lpock Executive Director Glen Mills Schools Attn: Chris Spriggs Director of Regulatory Compliance PO. Box 5001 Concordville, PA 19331 RE: Glen Mills Schools Tyler Hall PO. Box 5001 Concordville, PA 19331 License #137300 Dear Mr. lpock: As a result of the Department of Public Welfare?s Annual Evaluation conducted March 22, 2012 to May 4, 2012 at the above~named facility, we have noted deficiencies with 55 Pa. Code Chapter 3800 Child Residential and Day Treatment Facilities; Your plan of correction has been reviewed and approved. Based on your approved plan of correction a full certificate of compliance is being issued to the above? named site for 55 Pa. Code Chapter 3800 Child Residential and Day Treatment Facm?es. Your copy of the certificate is enclosed. Sincerely, .. Beverly D. Mackereth Deputy Secretary Enclosure INSPECTION SUMMARY PAGE 1 OF 2 PAGES NAME OF TELEPHONE Glen Mills Schools (TYLER HALL) 510459-3100 ADD 5 moi .. COUNTY . . .. Q8 DELAWARE .. ,Egg-3 INSPECTED BY INSPECTION DATE Daryl J. Debnam, MHS 03122112 to 05104112 . 7 729/} Glen Mills Schools was founded in 1826 as the Philadelphia House of Refuge. The Schools has provided services continuously for 186 years and is the oldest existing institution of its type in the United States. Located in Delaware County, and situated on over eight hundred acres, it has occupied its present location since the 18903. The Glen Mills Schools is licensed as a ?3800 Residential Facility. Glen Mills Schools uses a Sociological Model accepting two basic mandates for youth: (1) to change behaviorfrom anti-social to pro-social; and (2) to develop life skills that will help sustain this change. They advocate that delinquency can be successfully addressed by providing youth with the benefit of placement within the framework of strong, staff supervision in a community where anti-social behavioral values will be challenged and replaced with pro?social values during the ongoing process of holding each youth accountable for his behavior. To accomplish this objective, 24 hour supervision, provided by positive, adult role models and clear standards of positive behavior are utilized to develop life skills to sustain behavioral change. The cornerstone of their Sociological Model is their established normative culture; a way of behaving, using norms, rather than a complicated system of rules. At Glen Mills Schools the Group Living Department has the ongoing responsibility of systematically monitoring, molding, maintaining and supervising the normative culture as the means of teaching youth self?control and pro-social behavior, dealing with behavior in the context of the here and now while promoting individual growth and responsibility within their student body. The use of positive peer pressure, carefully supervised by staff members, is applied through confrontation and feedback to maintain this environment, as well as, to initiate and maintain individual change. Commitments, rewards, sanction systems and reinforcement techniques are tools to strengthen and maintain this culture. The Schools compliments the benefit of their positive, normative environment and methods of behavioral accountability with a selection of researched and evidence-based programming including: Moral Reconation Therapy Coping with Angei?, Parenting and Family Values Botvin Life Skills Gun Violence Reduction and Drug and Alcohol Education. In addition youth are provided with academic, as well as, career and technical programming. Glen Mills also offers an array of sport and recreational activities. They are also a participant in The Balanced Approach Restorative Justice programming. On April 28, 2012, Glen Mills Schools conducted their 28th Annual Career Day for the youth which was very successful. The Department of Public Welfare?s Of?ce of Children, Youth and Families conducted its annual licensing Inspection of Glen Mills Schools for the time period from 04/23/12 through 05/04/12. The period of review was 08/30/11 thru 03/31/12. For this inspection Personnel records and children records were reviewed; also reviewed were the current Policies and Procedures. I also met with 1 Executive Director, 2 Regulatory Compliance Directors, 1 Education Director 8 Team Leaders to discuss how the inspection would be conducted. As a part of the formal Annual Inspection 15; Staff and 25}, students were randomly selected for face-to-face interviews. The Facility is licensed to house Male Youth ages to g1_. The total amount of students served for this inspection period was 1482. The Department reviewed a sample of children records as well as employee files as a part of this review. Tyler Hall served students this inspection period, out of the students served the Department received For Your Information (FYI) unnumbered Childiine reports which required standard investigation of the allegations. The Department also received 2 numbered Child Abuse reports that were investigated by the Southeast Regional Office; none of the reports were indicated. The Department also reviewed 1 complaint filed against Tyler Hall this inspection period. The Department has reviewed the facility's reportable incidents on HCSIS. The Department found two violations concerning the well-being of the children receiving Residential Services at Glen Mills Schools. 3800.32 3800.202 (8) It was determined during the CPS investigation that the child specific rights were violated, The must ensure that a chiid is not mistreated, harassed or subject to corporal punishment. The facility must ensue that a child is treated with fairness and respect. TYLER HALL) it was determined during the CPS investigation that an inappropriate restraint technique was used to restrain the child. Restrictive procedure may not be used in a punitive manner for the convenience of a staff person or program substitution. TYLER HALL .. - Jul 3, 2012 The facility must ensure that chiid speci?c rights are not vioiated. The facility must submit a written procedure describing in detail how the plan will be Implemented, and who will be responsible for monitoring to ensure it becomes a practice and is compiiant with the regulation. The must ensure that staff is trained on the use of appropriate restraint techniques. The facility must submit a written procedure describing in detail how the plan be impiemented, and who will be responsible for monitoring to ensure it becomes a practice and is compliant with the regulation. See ATTAC See ATTACHMENT ht Executive Director 61 0459-81 00 . Ni ?fi ENT A The Glen Mills Schools continues to acknowledge the importance of specific child rights. In an effort to insure that the rights of our youth are protected, Glen Mills Schools will train every direct care staff in new Behavioral intervention and Emergency Procedures to address adherence to Child Rights associated with 3800.32, and The staff of the Glen Mills Schools, who will be monitored by the Group Living Director, will undergo formal training conducted by individuals of our training department, who possess at least 25 years of field experience. The Director of Training will insure that the curriculum is appropriate and successfully completed by all staff. Following the training, staff will be assessed to insure competency regarding Child Rights. In order to ensure that the Behavioral Intervention Policy and Procedure become practice the following steps have been or will be initiated: 1.) All individual unit teams have completed specific training related to child?s rights, and manual assists. (Completed) 2.) A committee of staff representing multiple departments was developed to formulate the Schools" modified behavioral intervention program to promote organizational involvement and commitment. (Completed) 3.) Significant research and resources from the juvenile justice field were also utilized in developing the plan. (Completed) 4.) All Resource Managers and Team Leaders will be trained first in the Modified Behavioral Intervention Program. 5.) Following Team Leaders, all Senior Counselors will be trained. 6.) Each unit will then be trained as a small team. This small group approach of staff who works together will create a training environment that is more open and interactive. In addition, to support organizational practice consistent with the policy, each Team Leader will be present supporting the training as a co-trainer. Please note, all Team Leaders, have at least 2_2 years of field experience. 7.) Training practice will be assessed weekly in unit developmental Team Meetings. 8.) Supervisory monitoring will be conducted on a regular basis by unit Senior Counselors and Team Leaders. 9.) Documentation and tracking systems related to behavioral interventions will be reviewed and the data will help identify areas of concern and need for internal correction. 10.) Additional oversight will be conducted by the Group Living Director 90 days after the conclusion of the training to further ensure that procedures taught are indeed practiced. 11.) Quarterly reviews will be conducted by the Executive Director and Resource Team. All training will be completed within 90 days from the time the corrective action is approved. ATTACH ENT The Glen Mills understands the importance of training our staff in the appropriate use of restrictive procedures. The staff of Glen Mills Schools participate in regular trainings on restraints, but will complete a new Behavioral intervention and Emergency Procedure training, to insure that the practices in the facility are consistent with the regulatory expectation outlined in 3800.202 The staff will be trained on restraint procedures, restraint location, how to restrain an assaultive youth and most importantly, and the only acceptable reasons for restraining youth, by individuals or our training department who possess at least 25 years of field experience. The Director of Training will insure that the curriculum is appropriate and successfully completed by all staff. Following the training, staff will be assessed to insure competency regarding the appropriate use of restrictive procedures. This training will support the administration?s expectation of proper restraints, appropriate restraint techniques and appropriate reasons for restraints. In order to ensure that physical restraints are not being used in a punitive manner and that Behavioral Intervention Policy and Procedures become practice the following steps have been or will be initiated: 1.) All individual unit teams have completed specific training related to physical restraints. (Completed) 2.) A committee of staff representing multiple departments was developed to formulate the physical restraint component of the Schools? modified behavioral intervention program to promote organizational involvement and commitment. (Completed) 3.) Significant research and resources from the juvenile justice field were also utilized in developing the plan. (Completed) 4.) All Resource Managers and Team Leaders will be trained first in the Modified Behavioral intervention Program. 5.) Following Team Leaders, all Senior Counselors will be trained. 6.) Each unit will then be trained as a small team. This small group approach of staff who works together will create a training environment that is more open and interactive. In addition, to support organizational practice consistent with the policy, each Team Leader will be present supporting the training as a co?trainer. Please note, all Team Leaders, have at least 2 years of field experience. 7.) Training practice will be assessed weekly in unit developmental Team Meetings. 8.) Supervisory monitoring will be conducted on a regular basis by unit Senior Counselors and Team Leaders. 9.) Documentation and tracking systems related to behavioral interventions will be reviewed and the data will help identify areas of concern regarding physical restraints. 10.) Additional oversight will be conducted by the Group Living Director 90 days after the conclusion of the training to further ensure that procedures taught are indeed practiced. 11.) Quarterly reviews will be conducted by the Executive Director and Resource Team. All training will be completed within 90 days from the time the corrective action is approved. DEPARTMENT OF HUMAN SERVICES CERTIFIED MAIL RETURN RECEIPT REQUESTED MAILING DATE: March 13, 2017 Mr. Randy A. Ireson, Executive Director 010 Chris Spriggs, Director Reg. Comp Glen Mills School PO. Box 5001 Concordville, 19331 RE: Madison Hall 185 Glen Mills Road Glen Mills, 19342 License 112940 Dear Dr. Ireson: As a result of the Department of Human Services? licensing inspection on July 26, 2016 of the above facility, the violations with 55 Pa.Code Ch. 3800 (relating to Child Residential and Day Treatment Facilities) specified on the enclosed License Inspection Summary were found. All violations specified on the enclosed License Inspection Summary must be corrected by the dates specified on the License Inspection Summary and continued compliance with 55 Pa.Code Ch. 3800 must be maintained. Sincerely? Kevin Miller Residential Licensing Manager Enclosure Licensing inspection Summary Bureau of Human Services Licensing! lSoutheast Regionai Of?ce 1001 Sterigere Street, Room 161, Building 2 Norristown. 19401 1610-2370-1137 610-270-1147 VIOLATION REPGRT CHILD RESIDENTIAL LICENSING - 55 Pa.Code Chapter 3800 Facility Name: MADISON HALL Licensa Numbar: 11294 Address: 185 GLEN MILLS ROAD. GLEN MILLS. PA19342 County: Delaware Diractm: Randy A. Ircson I Region: SOUTHEAST Legal Entity Name: GLEN MILLS SCHOOLS Legal Entity Address: PD. BOX 5001. CONCORDVILLE, PA19331 Codifical?s) cf Occupancy Program Type: Licensed Capacity: Number of Children Served: Residentiai Services 68 44 Typo of Inspection: Pariial BHA Docket Numbar: Notice: Unanncuncsd Reasonls) for Complaint (Sin-Site Inspections Dates and Deparlment Representatives Ora-Site 0?}2612016: Munay, Kaillyn; Jennings, Lauren; Barr, Sara Off-Site inspection Dates and Inspectors, ?Applicable Olher Details Partial or Full Triggots: Random Indicators: Child Demographic Data as of inspection Dates Age of Chiidren: Number of Children who: to 5 years: 0 Are Adjudicated Delinquent: 43 8l013 years: 0 Arc Dependent: 'i 14 to 17 years: 40 Have Mental Illness: 0 18 to 21 years: 4 Have an Intellectual Disability: 0 Have a Physical Disability: (3 . Page 2 Inf-2 Licensing inspection Summary: 11294 9 0719812016 Murray, Kaitlyn ?Facility Name: MADISON HALL 1. REGULATION 55 Pa.Codo ?33800 A child may not be abused, mistreated, threatened, harassed or subject to corporal punishment. 2a. or On Stall MerriberA restrained Child During the restraint, llogod that Stall Membem placed their hands around the ?8 Child #1 and choked than). The nursing assessment from for Child identified visible red marks on the right side _nec 3. PLAN OF CORRECTION (P00) (Attach pages as necessary. Remember that you must sign and date any attached pages.) Include stops to correct the visitation described above and stops to prevent a stnn?tar violation from occurring again. it stops cannot be completed . immediately, include dates by which the stops will be completed. The Glen Mills SchoOIs understands the importance ofSS Pa Code 3800.32(b) and will not tolerate the abuse, mistreatment, threats, harassment, or cor oral of a child. The Glen Mills Schools performed an internal investigation on?nd as a result of Child 1?s allegation. an immediate call to Childline was made that same day on Staff Members A was relieved of. duties immediately on and was also terminated on ?for failing to follow the Glen Mills Schools Behavior Intervention Training and for not acting in a professional manner. The Glen Mills Schools administration places a strong emphasis on a healthy and safe environment and will not tolerate any violations of our student?s rights. The Glen Mills Schools will continue to train our staffon the importance ofthis violation and will encourage the safety and well-being of our children. Repeat Violation: No Date(s) of Previous Woiatlonts]: ?7 Signature of Legal Entity Representative Mrs- [Regulred on EVERY Pagol Printed Name and Title of Legal Entity Representative Dr. Randy A. DatgligUSt 3: 2015 {tantrum on Panel DEPARTMENT USE ONLY - FACILITIES MAY NOT WRITE BELOW THIS LINEI . 7 . - The above 9'3? 0f Is approved as of Plan of correction implementation status as of (Date) Fully Implemented . Z{Partially Implemented - Adequate Progress The above plan ot correction was approved by Partiatty lmpicmonted - inadequate Progress (Initials) Not implemented pennsyivania DEPARTMENT OF HUMAN SERVICES Sent Via Email: Mailing Date: February 22, 2017 Dr. Randy A. Ireson, Executive Director Glen Mills Schools P.O. Box 5001 Concordville, PA 19331 RE: Jackson/Polk License #112980 Dear Dr. Ireson: As a result of the Department of Human Services? licensing inspection September 20, 2016 of the above facility, the violations with 55 Pa.Code Ch. 3800 (relating to Child Residential and Day Treatment Facilities) specified on the enclosed License Inspection Summary were found. All violations specified on the enclosed License Inspection Summary must be corrected by the dates specified on the License Inspection Summary and continued compliance with 55 Pa.Code Ch. 3800 must be maintained. Sincerely, Kevin Miller Child Residential Licensing Manager Enclosure Licensing Inspection Summary Bureau of Human Services Licensing! {Southeast Regional Of?ce 1001 Sterigere Street Room 161 Building 2 Norrisiown 19401 610 -2-70- 1137 610-270-1147 WW. dhs. state pa. us VIOLATION REPORT CHILD RESIDENTIAL - 55 Pa.Code Chapter 3800 JACKSON POLK HALL Lieense Number: 11298 I Address: 185 GLEN MILLS ROAD. GLEN MILLS. PA19342 County: Delaware Director: Dr. Randy lresen 3 Region: SOUTHEAST Legal Entity Name: GLEN MILLS SCHOOLS Legal Entity Address: PO. BOX 5001, CONCORDVILLE, PA19331 Gertllieete(s) of Occupancy NM NM Program Type: Licensed capeelty: Number of Served: Resldenilai Services 68 62 Type of inspection: Partial BHA Docket Number: Notice: Unanneuneed for inspeetIente) Complaint Orr-Site Inspections Dates and Department Representatives On-Sit?e 09:20:2016: Taylor, Kahleha; Delaney, Nesta: Manson. Trina Oil-Site Inspection Dates and Inspectors, if Applicable Other Details Partial or Full Triggers: Random Indicators: Child Demographic Data as of lnepeetten Dates Age of Children: Number of children who: a to 5 years: 0 Are Adjudleated Delinquent: 62 6 to 13 years: 3 1410 years: 52 18 to 213mm: 7 Are Dependent: 0 Have Mental illness: 0 Have an lnlelieetual Disability: 0? Have a Physical 0 Page 2 Licensing Inspection Summary: 11298 - 09l20t2016 - Taylor, Kahtsha Facility Name: JACKSON POLK HALL 3800 ent. abused. mistreated, threatened, harassed or subject to corporal punishm 23? DESCRIPTION OF VIOLATION Child #1 In the torso twice. Child #1 than ran into the of?ce and SlalI Siftkl?tl . the round. 33" Ee?berA?shigswhigiri 31:02:11.3; Slit? fitmfiaer it hit Child #1 in the head with a pillow and pushed the Child . em or pure . . Stett MemberA was Immediately terminated. POO) (Attach pages as necessary. . um?n 3. the violation described above and steps to prevent a similar notation trom?occ 9 Immediately; Include dates by which the steps will be i I and date any attached pages.) Remember that you must 5 9 again. trsteps cannot be contpleted The Glen Mills Schools understand the importance of Pa Code Tile 3800.32(b) and will not tolerate the abuse, mistreatment. threats harassment or corporal punishment ofa child. Immediately following the incident in question on _Slaff Member A was relieved of-duties'and placed on adminisnative leave pending termination. Subsequently, a call was made to Childlinc on ?at a roximately l0:45 PM. The Team Leader ofJackson/Pollt Hall terminated StaffMember A on ?or not following the Glen Mills Schools Professional Code of Conduct. In response to this violation, the Team Leaders oflacksonIPolk Halt have addressed all of their staff in their weekly team meeting on the importance of providing a safe and healthy environment for our students. The Glen Mills Schools will continue to train our staff on the importance of this violation and will encourage the safety and well-being of our children. ?R?epeat Violation: No Detete) of Previous Vlolatlonle): Si nature of Legal Entity Representative on EVEBX Page} d?fcdj? .1 Printed Name and Title of Legal Entity Representative/h Date Dr. Randy A, [resort January 27, 2017 DEPARTMENT USE ONLY - FACILITIES MAY NOT WRITE BELOW THIS - '2 2. The above plan of correction ls approved as of Plan at confection implementation status as at Partially implemented - Adequate Progress Progress . by ab ve Ian of correction was approved The (initials) Not implemented (Dale) n'ia DEPARTMENT OF HUMAN SERVICES Sent Via Email: - Mailing Date: February 28, 2017 Dr. Randy A. lreson, Executive Director Glen Mills Schools PO. Box 5001 Concordville, PA 19331 RE: Tyler Hall License #113020 Dear Dr. lreson: As a result of the Department of Human Services? licensing inspection October 11, 2016 of the above facility, the violations with 55 Pa.Code Ch. 3800 (relating to Child Residential and Day Treatment Facilities) specified on the enclosed License Inspection Summary were found. Allgviolations specified on the enclosed License Inspection Summary must be corrected by the dates specified on the License Inspection Summary and continued compliance with 55 Pa.Code Ch. 3800 must be maintained. Sincerely, Kevin Miller Child Residential Licensing Manager Enclosure Licensing Inspection Summary Bureau of Human Services Licensing}F Southeast Regional Office 1001 Sterigere Street, Room 161, Building 2 Norristown, Pennsyivania 19401 610-270-1137 610-2?0-114? I vnwr.dhs.state.pa.us CHILD RESIDENTIAL LICENSING - 55 Pa.Code Chapter seen Facility Name: TYLER HALL License Number: 11302 Address: 185 GLEN MILLS ROAD, GLEN MILLS. PA19342 County: Chosier ?ircctor: Dr; Randy lreson Region: SOUTHEAST Legal Enn?y Nome: GLEN SCHOOLS Legai Entity Address: PD. BOX 5001. CONCORDVILLE, PA19331 Certificateis) of Occupancy NM NM Program Type: Licensed Capacity: Number of Chiidren Served: Residential Services 88 63 Type of inspection: Pariiai Bi-m Docket Number: Notice: Unannounced Reasonts) for inspectionm Compiaini Ora-Site inspections Dates and Department Ropresonlaiives On-Slto 1011112016: Taylor. Kehisha: Murray. Kailiyn . Off-Site Inspection Dates-and Inspectors. if Applicabie other Details - Parliai or Full Triggers: Random indicators: Child Demographic Data as of Inspection Dales Age of Children: Number of Children who: 0 to ?yoars: 0 Are Adiudlceied Deiinque nt: 63 6 to 13 years: 1 Are Dependent: 0 1410 17 years: 46 Have menial illness: 0 18 lo 21 years: 16 Have an lnlollecluol Disability: 0 Hove a Physical Disabiilly: Page 2 of 2 Licensing inspection Summary: 11302 - 10ii1i2016 Taylor. Kahisha . Facility Name: TYLER HALL 1. REGULATION soreness gsaoo . 3800,3203) - Achild may not be abused, mistreated. threatened, harassed or subject to corporal punishment. 2a. DESCRIPTION OF VIOLATION Chiid #1 and Staff Member Aware my in a verbal lronlaiion or- on the unit . While Child #1 Was having lunch in the calotaria. Staff MemberA approached and stopped in the back of the head. The supervisor on the unit intervoned and Staff MambarA was Immediately relieved dullo's. 3. PLAN OF CORRECTION (POO) (Attach pages as necessary. Remember that you must sign and date any nlrached pages.) include slaps to correct the violation described above and steps to prevent a similar violation from occurring again. it stops cannot be compioted immedioioln include dates by which the steps will be completed. The Schools understand the importance of Pa Code Tile 3800.32lb) and will not tolerate the abuse, mistreatment, threats, harassment, or corporal punishment of a child. lmmediateiy following the Incident in question on taff Member A was relieved elf-duties and placed on administrative teave. 5 made to on at approximately 10:55 PM. The Team Leader of Tyler Halt terminated Staff Member A on September 21 2016 for not following the Glen Mills Schools Professional Code of Conduct. In res onse to this violation, the Team Leaders of Tyler Hall have addressed all of their staff on hip their weekly team meeting on the importance of providing a safe and healthy environment for our students. The Glen Mills Schools will continue to train our staff on respecting the rights of our children and on the Importance of this regulation. Repeat Violation: No Datels) of Previous Violationlo): Signature of Legal Entity Representative 7 on EVERY Page} 0 (3.1 Printed Name and Title of Lagai Entity Roproeontat?eq Date Re uirad on EVER Pa 0 Dr. Randy A. ireson January 27. 2017 DEPARTMENT USE ONLY FACILITIES MAY NOT WRITE BELOW THIS LINEI The above plan of correction is approved 8'3 0 2- 7? '7 Plan oloorrociion implementation status as a 1/ 1/ lz i ate] (Date) {3 Fully implemented Partially lmpiemantad - Adequate Progress The above plan oi correction was approved by . Partially implemented - lnadquaio Pragross (tomato) Not implemented I DEPARTMENT OF HUMAN SERVICES CERTIFIED MAIL RETURN RECEIPT REQUESTED MAILING DATE: June 20, 2017 Dr. Randy A. Ireson, Executive Director Glen Mills Schools PO. Box 5001 Concordville, PA 19331 RE: Hayes Hall 185 Glen Mills Road Glen Mills, PA 19342 License #112880 Dear Dr. Ireson: As a result of the Department of Human Services? licensing inspection on November 17, 2016 and December 5, 2016 of the above facility, the violations with 55 Pa.Code Ch. 3800 (relating to Child Residential and Day Treatment Facilities) specified on the enclosed License Inspection Summary were found. All violations speci?ed on the enclosed License Inspection Summary must be corrected by the dates specified on the License Inspection Summary and continued compliance with 55 Pa.Code Ch. 3800 must be maintained. Sincerely, Mp; Kevin Miller Child Residential Licensing Manager Enclosure Licensing Inspection Summary Bureau of Human Services Licensingf {Southeast Regional Of?ce 1001 Sterigere Street, Room 161 Building 2 Norristown, 19401 1 610-270-1137 1 610-270-114? VIOLATION REPORT . CHILD RESIDENTIAL LICENSING - 55 Pa.Code Chapter 3800 Faclilky Name: HAYES HALL License Number: 11288 Address: 185 GLEN MILLS ROAD. GLEN MILLS. P13510342 County: Delaware Director: Dr. Randy lreson Region: SOUTHEAST Legal Entity Name: GLEN MILLS SCHOOLS Lega! Entity Address: FLO. BOX 5001, CONCORDVILLE, PA 19331 Cer?flcatete) of Occupancy 0-2 LP oamerzooa Dept. Of Labor Industry Program Type: Licensed Capacity: - Number of chIIdren Served: Reefdenlla! Services 81 40 Type of Padlel BHA Docket Number: NolIca: Unennaunced ReasonIs) for inspectionle) Complaint C'In-Slte Inspections Dates and Department Representatlvee Orr-sue Manson, Trina 1210512018: Manson. Trina Off-Site lnspectlon Dates and Inspectors. If Applicable . Other Details Partial or Triggers: Random Indicators: Demographic Data as of inspection Dates Age of Children: Number of Children who: 01o 5 years: 0 Are Adjudicated Dellnquent: 40 6 to ?13 years: 0 Are Dependent: . :4 10-17 years: 29 _Havo MenIaI 0 1310 21 years: 11 Have an IntelIeetueI 0 Have a thelca! 0 Page 2 of 2 Licensinn inspection Summary: 11288 -11l17i2016 - Manson, Trina Facility Name: HAYES HALL REGULATION 55 Pa.Codo ?3800 3800.32(b) - A child may not be abused, mistreated, threatened, harassed or subject to corporaipunishmant. 2a. DESCRIPTION QF VIOLATION . Ot?i?lhlid lit was restrained by Staff MemberA and Stall Member 8 alter becoming physically and verbally aggresswe towards the stat . uring the restraint Child #1 was taken to the ground and the face of Child #1 hit the ground causing a iaceraiion above their leit eyebrow. Child #1 was taken to the health Center, where they received stitches. PLAN OF CORRECTION (POO) (Attach pages as necessary. Remember that you must sign and date any attached pages.) include steps to contact the vioietion described above and steps to prevent a similar violation from occurring again. ?steps cannot be completed immediately, include dates by which the steps will be completed The Glen Mills Schools understands the importance of Pa Code Title 55 3800.32lb) and will not tolerate the abuse, mistreatment, threats, harassments, or corporal punishment of a child. in response to this violation, the Team Leader of Hayes Hall _as addressed all of .staff on the importance of providing a safe and healthy environment for all ofour students. in addition, Staff Member A and Staff Member 8 will be retrained in our Behavioral Intervention Training. Once the training is ?nalized, the Glen Mills Schools will provide the com leted training to the Bureau of Human Services Licensing. The Team Leader of Hayes Haiti ultimateiy reSponsibie to make sure that no child is abused, mistreated, threatened, harassed or subject to corporal punishment. The Glen Mills Schools will continue to train our staff on the importance of this violation and will encourage the safety and well- being of our children. aging? pt and Stage pere? rag-knitted 0n S'IL'v-th? . Repeat Violation: No Datots) of Previous Violationls): Signature of Legal Entity Representative (Required on EVERY Panel ?4.46 Printed Name and Title of Legal Entity Representative Dr. Randy A. Ireson {Required on EVEEY Page} Date April 7, 2017 DEPARTMENT USE ONLY FACILITIES MAY NOT WRITE BELOW THIS LINEI 7 Tim above plan or COUGCHOU I3 approved as 0? Plan of correction implementation status Fatty implemented - Partially implemented - Adequate Progress The above plan of correction was approved by Padiaiiy implemented - inadequate Progress S) Not implemented DEPARTMENT OF HUMAN SERVICES CERTIFIED MAIL RETURN RECEIPT REQUESTED MAILING DATE: March 2, 2017 Dr. Randy A. lreson Glen Mills Schools PO. Box 5001 Concordville, PA 19331 RE: Jeffereson Fillmore Hall License #112960 Dear Dr. Ireson: As a result of the Department of Human Services? licensing inspection on December 5, 2016 of the above facility, the violations with 55 Pa.Code Ch. 3800 (relating to Child Residential and Day Treatment Facilities) specified on the enclosed License Inspection Summary were found. All violations specified on the enclosed License Inspection Summary must be corrected by the dates specified on the License Inspection Summary and continued compliance with 55 Pa.Code Ch. 3800 must be maintained. Sincerely, Kevin Miller . Child Residential Licensing Manager Enclosure Licensing Inspection Summary Bureau of Human Services Licensing! Southeast Regional Of?ce 1001 Sterigere Street, Room 161, Building 2 Norristown, 19401 610-2?0-1137 610-2?0-1141 wvm.dhs.state.pa.us . VIOLATION REPORT CHILD RESIDENTIAL LICENSING - 55 Pa.Code Chapter 3800 Facility Name: JEFFERSON FILLMORE HALL License Number: 11296 Address: 185 GLEN MILLS ROAD, GLEN PA19342 County: Delaware Ditector: Dr. Randy iresen Region: SOUTHEAST Legal Entity Name: GLEN MILLS SCHOOLS Legal Entity Address: so. BOX 5001, PA19331 Certi?cateie) of Occupancy NM NM Program Type: Licensed Capacity: Number of Children Served: Residential Services 68 67 Type oi inepectlon: Partial BHA Docket Number:' Notice: Unannounced Reasonis) for lnspeetionis} Complaint On-Slto inspections Dates and Department Representatives On-Slte 12105i201t3: Taylor. Kehiehe; Wootets. Sandra; Manson. Trina; Delaney, Aleeie Off-Site inspection Dates and inspectors. if Applicable Other Details Partial or Full Triggers: Random Indicators: Child Demographic Data as of inspection Dates Age of Children: I Number of Children who: 0 to 5 years: 0 - Are Adjudicated Delinquent: {l to 13 years: 0 Are Dependent: 0 141:: 1? years: 54 Have mental illness: 0 18 to 21 years: 13 Have an intellectual Disability: 0 Have a Physical Disability: 0 Page 2 or 5 Licensing Inspection Summary: 11298-12l05l2016-Taylor. Kahishe Facility Name: JEFFERSON HALL 1. REGULATION 55 Pa. Code 3800. 32(b)- -Achild may not be abused mistreated, threatened, harassed or subject to corporal ponishment 2a. DESCRIPTION OF VIOLATION Child #1 was assaulted by several peers on 2 separate occasions. Child #1 sustained a mid concussion, laceration over ya and bruised ribs as a result of these assaults. 3. PLAN OF CORRECTION (P00) (Attach pages as necessary. Remember that you must sign and date any attached pages.) include slaps lo correct the violation described above and steps to prevent a similar violallon from occurring again. llslops cannot be oompleleo' immediately, include doles by which the slope will be completed. The Glen Mills Schools understands the importance of Pa Code Title 55 3800.32ib) and will not tolerate the abuse, mistreatment, threats, harassment, or corporal punishment of a child. Jefferson/Fillmore Hall staff performed an internal investigation by interviewing the staff and students involved in the alleged incident on? During the internal investigation,_Chlid #1 attempted to assault several other students and had to be physically restrained by staff due to. threatening and aggressive behavior. During the investigation, the other student involved admitted to ?ghting Child so the Team Leader and AM Senior counselor determined that the Iateretion on Child #l?s was a result of the ?ght. In reSponse to this violation, the Team Leaders ofiefferson/Fitlmore have addressed all of their students on the acceptable behavior requirements as identified in the Glen Mills Schools Student Handbook. Each student receives this handbook upon admission to our campus. The Team Leaders emphasized to the students the importance of treating one another appropriately and making sure that they are aware that no student has a right to hurt another student. They reiterated that our students are never permitted to touch one another when dealing with peer to peer behaviors. The Team Leaders of Jefferson/Fillmore Hall are ultimately responsible to make sure that no student is abused, mistreated, threatened, harassed, or subject to corporal punishment. In addition, these topics will continue to be discussed in our Guided Group Interaction, School Wide Positive Behavior supports program, and our Evidence Based Classes. Repeat Violation: Yes Dateie) of Previous Violetlonis): 1112412015 Signature of Legal Entity Representative [Begulged on EVEEY Page) ?Moog Printed Name and Title, of Legal Entity Representative 1" Date lReouIrad on EVERY Panel Dr. Randy A. lreson February 17, 2017 DEPARTMENT USE ONLY .. FACILITIES MAY NOT WRITE BELOW THIS 'r The above plan of correction Is approved as of 3&1. Plan of correction implamenialion status as at 7- (Date) (Date El Fully implemented Partially Implemented - Adequate Programs The above plan of correction was approved by En? El Partially Implemented - inadequate Progress initials Not implemented Page 3 of 5 Licensing Inspection Summary: 11286 - 1210512016 - Taylor, Kahlshe Facility Name: JEFFERSON FILLMORE HALL 1. REGULATION 55 Pa.Code {33300 3800.32(o) has the right to be treated with fairness, dignity and respect. 2a. DESCRIPTION OF VIOLATION Child #1 was fearful that peers on the unit were gain to jump. Child #1 disclosed to Staff Member Alba did not feel safe on that unit. Child #1 reported that Staff Memb told to stop being childish. Staff MemberA admitted the did not protect Child #1 alter Child #1 reported feeling unsafe to . Daring an initial 1W of Child it was discovered that Child #2 was confronted by Staff Member in the library sometime in the beginning of Staff Member did not like the response of Child #2 to the confrontation. Staff Member grabbed Child #2 by the shirt and shoved Ci-tild #2 through a chair. There were witnesses to this incident. 3. PLAN OF CORRECTION (POO) (Attach pages as necessary. Remember that you must sign and date any attached pages.) include steps to contact the violation described above and steps to prevent a similar violation from occurring again. if steps cannot be completed immediately, Matilde dates by which the steps will be completed. The Glen Mills Schools understands the importance of Pa Code Title 55 3800.32ch which states that a child has the right to be treated with fairness, dignity, and respect. Child #1 shared with the BHSL during - interview the. told Staff Member A-did not feel safe. This contradicts the information Staff Member A had previously received from Child wher. only shared. was not getting along with .peers. It was determined by Staff Member A that Child #1?5 health and safety was not in Jeopardy, so the student was not transferred at that time. Child #2 made an allegation to SHSL representatives during an initial investigation of Child #1 where-alleged mistreatment from over 2 months ago. This was the ?rst time Glen Mills Schools staff were made aware of this allegation. in response, Staff Member was immediately placed on a plan of supervision where-was not to have contact with Child Child #2 was also transferred to another living unit for-safety and wellbeing. The Glen Mills Schools takes this violation very seriously. The Team Leaders of Jefferson/Fillmore addressed all of their staff in each of their weekly team meeting following the incident in question. They discussed the importance of providing a safe and healthy environment for our students. In addition, all of the staff members in Jefferson/ Fillmore were given a booster Behavioral Intervention Training course on November 30, 2016 and December 7, 2016. Please see Attachment A for the sign in sheets from the booster training for all the staff in Jefferson/Fillmore. The Glen Mills Schools will continue to train our staff on the importance ofthis regulation and will encourage the safety and well-being of our children. Repeat Violation: No Delete) of Previous Violationie): Signature of Legal Entity Representative [gagurred on evegv ngg} ?ag Printed Name and Title of Legal Entity Representative [Boguireg on evsnv ngg} Dr. Randy A. treson a 9 February 17, 2017 DEPARTMENT USE ONLY - FACILITIES MAY NOT WRITE BELOW THIS LINEI The above plan 0? '3 approved 33 0? Plan of correction implementation status as of . (Date) iy implemented Partially implemented - Adequate Progress The above plan of correction was approved by Em Partially Implemented - Inadequate Progress (initiate) I: Not implemented Page 4 of 5 Licensing inspection Summary: 11296 - 12I05l2?7i? - Taylor. Kahleha Facility Name: JEFFERSON FILLMORE HALL 1. REGULATION 55 Pe.Code ?3800 3800,3200 . has the right to appropriate medical. behavioral health and dental treatment. 23. DESCRIPTION OF VIOLATION Child #1 was physically assaulted by peers approximately 2:30pm. Child #1 sustained a laceration over .lhat was continuously bleeding. The facilities nurse we and asked staff to send her a picture of the laceration. The facilities nurse made the decision not to treat Child #1 at that lime. Child ll 1 was not treated by nursing until 7:00pm that evening. The laceration bleed continuously throughout the day. Child 1 Was sent to the ER a few days tater to be accessed by the ER. it Was determined that Child #1 contained a mild concession. a laceration that needed stitches and an inlury hand. 3. PLAN OF CORRECTION (PUG) (Attach pages as necessary. Remember that you must sign and date any attached pages.) include stops to oorrecl the idolallon described above and slope to prevent a similar violation from occurring again. if slaps cannot be completed immediately include dates by which the steps will be completed. The Glen Mills Schools understands the importance of Pa Code Title 55 38003204} and will not tolerate the withholding of appropriate medical, behavioral health and dental treatment. it was determined through an internal investigation on millet: Child #1 was involved in a light that resulted in a laceration above - right eye. Due to the rury re a rg t, ?rst aid was administered by a staff member present by applying . pressure to the laceration and by contacting the on call nurse. Although it was shared with Bureau of Human Services Licensing Representative by Child #1 that the laceration bled throughout the day, it was determined by Glen Mills Staff that the laceration stopped bleeding after pressure was applied. The on call nurse arrived on campus where she applied 4 start-strips to close the laceration, provided ice, administered 600 mg of ibuprofen, and performed a neurological check that was determined to be within normal limits. The same on call nurse evaluated Child #1 o_vhere the studem was offered off campus medical attention. Due to Child 1's age able to and did decline any further treatment. On Monday _per our Glen Mills Schools Restraint Policy Child #1 was seen at the Glen Mills Schools Health Center by one of the Doctors for a physical examination. It was during the physical examination where Child #1 ?rst alleged to the Doctor that .was kicked in the head by another student. The Doctor immediately recommended that Child #1 be taken to Riddle Hospital Emergency Room to be evaluated. Child #1 was transported to Riddle Hospital by at Glen Mills Schools Counselor/Teacher and was seen by Emergency Room medical staff. Child #1 was discharged by - committing jurisdiction and never returned to the Glen Mills Schools campus. The Glen Mills Schools takes this violation very seriously as the on cell nurse has been terminated due to this incident, as well as other work performance issues. In response the Glen Mills Schools Head Nurse has addressed all of her staff on the importance of providing appropriate medical treatment and arriving on campus within a reasonable timeframe. It is the responsibility of the on cell nurse to assess the situation and determine the appropriate medical treatment. Repeat Violation: No Dete(e) of Previoue Violationia): Signaturp of Legal Entity Representative (gagurrag on evergv Pagg} ?ag En, Printed Name and Title of Legal Entity Representative uir a Dr. Randy A. lreson a 9 February 17, 2017 DEPARTMENT USE ONLY - FACILITIES MAY NOT WRITE BELOW THIS LINEI The above plan 0? correction is approved as ?f Plan of correction implementation atalue as at (Dale) implemented Partially implemented - Adequate Progress The above plan of correction was approved by In I: Partially implemented - inadequate Progress (initials) Not Implemented Page 5 of5 Licensing inspection Summary: 11298- 1210512018 - Taylor. Kahlsha Facility Name: JEFFERSON FILLMORE HALL REGULATION 55 Pa.Oode ?3800 3880.142 If the health and safety assessment in 3800.141 (relating to health and safety assessment) identifies a health or safety risk, a written plan to protect the child shall be developed and implemented within 24 hours after the assessment is completed. - 28. DESCRIPTION OF VIOLATION Staff MemberA did not create a plan of safety for Child #1 after Child #1 reported to Staff Member the did not feel safe around peers. Child #1 was physically assaulted by those peers a few days later. 3. PLAN OF CORRECTION (POO) (Attach pages as necessary. Remember that you must sign and date any attached pages.) include steps to con-eat the violation described above and steps to prevent a stmifar violation from oceanic sin. if of can ed immediately. include dates by which the steps will be completed. a 9 eps no a camp!? The Glen Mills Schools understands the importance of Pa Code Title 55 3800.142 which states that if the health and safety assessment in 3800.141 (relating to health and safety assessment) identi?es a health or safety risk, a written plan to protect the child shall be developed and implemented within 24 hours after the assessment is completed. Child #1 shared with the BHSL during .tnterview that I told Staff Member did not feel safe. This contradicts the information Staff Member A had previously received from Child where I only shared-was not getting along with-Jeers. It was determined by Staff Member A that Child are health and safety was not in jeopardy, so Staff Member A did not develop a written plan. In addition, an internal investigation performed by the Glen Mills Schools a few days later determined that Child #1 was involved in a ?ght not an assault and that Child life out of control, aggressive, and a threat to "and others. which resulted in - being physical restrained. it is the practice at the Glen Mills Schools that if a health and safety assessment identifies a health or safety risk, a written plan to protect that child shall be developed and implemented within 24 hours after the . assessment is completed. it is also the practice at the Glen Mills Schools to have a working knowledge of the Child Abuse Recognition and Reporting Training. The Team Leaders of each licensed building are ultimately responsible to make sure that if necessary a written plan to protect the child is implemented within 24 hours. The Assistant Group Living Director reiterated these processes with all the Team Leaders of the licensed buildings on campus. The Team Leader of each licensed building discussed the health and safety assessment/plans as it pertains to student safety in the weekly team meeting following receiving this violation. The Director of Admission also reiterated this process with all of his medical staff. Repeat Violation: No Datafe) of Previous Violationis): Signature of Legal Entity Representative (engages so evegx Page} ?ag Printed Name and Title of Legal Entity Representative "If a 9 . Dr. Randy A. lreson Date February 17, 2017 DEPARTMENT USE ONLY - FACILITIES MAY NOT WRITE BELOW THIS. ?tha above plan of correction is approved as of I 7 (Date) Plan of correction implementation status as of 2/25/17 (?t-tie) implemented Partially implemented -'Adequate Progress The above plan of correction was approved by Partially implemented - inadequate Progress (initials Not implemented my tv n'i DEPARTMENT OF HUMAN SERVICES CERTIFIED MAIL RETURN RECEIPT REQUESTED MAILING DATE: March 6,2017 Dr. Randy A. Ireson, Executive Director Glen Mills Schools PO. Box 5001 Concordville, PA 19331 RE: Glen Mills McKinley Hall License #137300 Dear Dr. Ireson: As a result of the Department of Human Services? licensing inspection on January 12, 2016 of the above facility, the violations with 55 Pa.Code Ch. 3800 (relating to Child Residential and Day Treatment Facilities) specified on the enclosed License Inspection Summary were found. All violations specified on the enclosed License Inspection Summary must be corrected by the dates specified on the License Inspection Summary and continued compliance with 55 Pa.Code Ch. 3800 must be maintained. Sincerely, ?y Kevin Miller Regional Licensing Administrator or Child Residential Licensing Manager Enclosure Licensing Inspection Summary Bureau of Human Services Licensing! {Southeast Regional Of?ce 1001 Sterigere Street, Room 161. Building 2 Norristown, 19401 6102704137 610270-1141 VIOLATION REPORT CHILD RESIDENTIAL LICENSING - 55 P330139 Chapter 3800 Factiiw Name: MCKINLEY HALL Licence Number: 13730 Address: 185 GLEN MILLS ROAD. GLEN MILLS. PA19342 County: Delaware Director: Randy [recon Region: SOUTHEAST Legal Entity Home: GLEN MILLS SCHOOLS Legal Entity P.O. BOX 5001, CONCORDVILLE, PA19331 Certificato(el of Occupancy 0-2 LP calcarzoos Dept. of Labor Program Wpe: Licenced Capacity: Number of Children Served: Residential Services 81 34 Type of Inspection: Patiial BHA Docket Number: Notice: Unanncunced Roasonto} for Inepectlonle) Complaint On-Site inepectione Dates and Department On-Silo 0111212017: Manson, Trina: Murray, Kaitlyn Off-Site inspection Dates and inspectors, If Applicable Other Details Partial or Futl Triggers: Random indicators: child Demographic Data as of Inepecticn Dales Age rat?Children: Number of Children who: 0 totiyeere: Bto'iayaara: 0 141017 years: 29 18 to 21 years: 5 Ara Adjudicated Delinquent: 34 Are Dependent: 0 Have Mental illness: 0 Have an intellectuet Disability: 2 Have a Physical Disability: 0 .o hm?w? Page 2 of 2 Licensing Inspection Summary: 13730 - 0111mm? Manson. Trina Facility Name: MCKINLEY HALL 1. REGULATIOR 55 Pe.Coclo ?3800 3800.32(b) - thlid may not be abused, mistreated, threatened, harassed or subject to corporal punishment. 28. OESORIPTION OF VIOLATION Staff MombarA physically restrained Child ii 1 on During the restraint Staff Member A punched 0th #1 in the ribs. 3 PLAN OF (POO) (Attach pages as accessory. Remember that you must sign and date any attached pages.) include steps to correct the violation described above and steps to prevent a similar violation from occurring again. if steps cannot be oompleted immedielehr, include dates by which lire steps wiilbe compieted. The Glen Mills Schools understands the importance of Pa Code Title 55 3800.32(b) and will not tolerate the abuse, mistreatment, threats, harassment, or corporal punishment of a child. 0n - the Team Leader of McKinley Hail ?performed an internal investigation by interviewing the staff and students involved in the alleged incident that occurred on it was determined that Staff Member A acted outside of our Behavioral intervention Training, so as a result the Childline was contacted by Glen Mills Schools PM Senior Counselor - _Staff Member A was immediately relieved of-iuties on?and sent home until further notice. Staff Member A did not have any further contact with Child #1 and was terminated on? for going outside of our Behavioral Intervention Training and for not following the Glen Mills Schools Professional Code of Conduct. The Glen Mills Schools administration places a strong emphasis on a healthy and safe environment and will not tolerate any violation of our student?s rights. In response to this violation, the Team Leader of McKinley Hall has addressed all of his staff on the importance of providing a safe and healthy environment for all of our students. The Team Leader of McKinley Hall is ultimately responsible to make sure that no child is abused, mistreated, threatened, harassed, or subject to corporal punishment. The Glen Mills Schools will continue to train our staff on the importance of this violation and will encourage the safety and well~being of our children. Repeat Violation: No Dateiel of Previous Violationte): Signature of Legal Entity Representative (Repaired on EVEB: Page} Printed Name and Title of Legal Entity Representative [Reguiged 93 EVERY Page} Dr. Randy A. Ireson 98? Februaryzz, 2017 DEPARTMENT USE ONLY - FACILITIES MAY NOT WRITE BELOW THIS The above plan of correction Ie approved as of 526] ?7 [Dale] The above plan of correction was approved by (Initials) lion Plan of correction implementation states as at 3/6] I 7 IDateI EKFUHV Implemented Partially Implemented - Adequate Progress Perilally Implemented - inadequate Progress - Not implemented