STATE OF MICHIGAN
DEPARTMENT OF HUMAN SERVICES
BUREAU OF CHILDREN AND ADULT LICENSING
JENNIFER M. GRANHOLM
ISMAEL AHMED
GOVERNOR
DIRECTOR
THIS REPORT CONTAINS SEXUALLY EXPLICIT LANGUAGE
December 9, 2009
Harold Timberlake, Jr.
Shawono Center
10 N Howes Lake Rd
Grayling, MI 49738
RE: License #: CS200201404
Investigation #: 2009C0634015
Shawono Center
Dear Mr. Timberlake, Jr.:
Attached is the Special Investigation Report for the above referenced facility. Due to
the violations identified in the report, a written corrective action plan is required. The
corrective action plan is due 15 days from the date of this letter and must include the
following:
•
How compliance with each rule will be achieved.
•
Who is directly responsible for implementing the corrective action for each
violation.
•
Specific time frames for each violation as to when the correction will be
completed or implemented.
•
How continuing compliance will be maintained once compliance is
achieved.
•
The signature of the responsible party and a date.
P.O. BOX 30650 • LANSING, MICHIGAN 48909-8150
www.michigan.gov • (517) 335-6124
Please review the enclosed documentation for accuracy and feel free to contact me with
any questions. In the event that I am not available and you need to speak to someone
immediately, please feel free to contact Deborah Clark, Area Manager, at
906.228.2852.
Sincerely,
Bill White, Licensing Consultant
Bureau of Children and Adult Licensing
Suite 11
701 S. Elmwood
Traverse City, MI 49684
(231) 922-5254
enclosure
MICHIGAN DEPARTMENT OF HUMAN SERVICES
BUREAU OF CHILDREN AND ADULT LICENSING
SPECIAL INVESTIGATION REPORT
I. IDENTIFYING INFORMATION
License #:
CS200201404
Investigation #:
2009C0634015
Complaint Receipt Date:
09/02/2009
Investigation Initiation Date:
09/14/09
Report Due Date:
11/01/2009
Licensee Name:
Michigan Department of Human Services
Licensee Address:
235 S. Grand Avenue
Lansing, MI 48909
Licensee Telephone #:
(517) 373-3768
Administrator:
Ismael Ahmed, Designee
Licensee Designee:
Ismael Ahmed, Designee
Name of Facility:
Shawono Center
Facility Address:
10 N Howes Lake Rd
Grayling, MI 49738
Facility Telephone #:
(989) 348-5443
Original Issuance Date:
03/01/1992
License Status:
REGULAR
Effective Date:
06/25/2008
Expiration Date:
06/24/2010
Capacity:
40
Program Type:
CHILD CARING INSTITUTION, FIA
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II.
ALLEGATION(S)
●Administrator reported that 2 youth had sexual contact on 8/20/09.
●Administrator reported that several youth were sexually involved over a period of
several months.
III.
METHODOLOGY
09/02/2009
Special Investigation Intake
2009C0634015
09/14/2009
Contact - Telephone call received
10/13/2009
Inspection Completed On-site
10/13/2009
Inspection Completed-BFS Sub. Compliance
10/16/2009
Exit Conference
10/29/09
Corrective Action Plan Requested and Due on 11/15/2009
ALLEGATION: ●Administrator reported that 2 youth had sexual contact on 8/20/09.
INVESTIGATION: Resident 1 stated that on August 20, 2009 he was by the pencil
sharpener in the Pod (common area) next to the shower doors and Resident 2 was
going to the shower. Resident 1 states that Resident 2 told him to touch his penis
over his clothing. Resident 1 stated that no staff was around at the time and he
touched Resident 2 as he requested because he was scared. Resident 1 stated that
he then returned to his room and 2 days later told a staff person. Resident 1 stated
he was told not to discuss the incident with anyone until it looked into by staff.
Resident 1 also stated that Resident 2 were in the same group and Resident 2 had
been harassing him earlier.
Resident 2 stated that staff was taking him to the shower and Resident 1 was by the
pencil sharpener. Resident 2 denies talking to Resident 1.
Staff 1 stated that he walked Resident 2 to the shower. Resident 1 was at the pencil
sharpener and he and Resident 2 walked past Resident 1 and Staff 1 locked
Resident 2 into the shower. Staff 1 stated he did not hear any communication
between Resident 1 and Resident 2.
Staff 2 stated that Resident 1 has been caught in a number of lies and that there is
known animosity between Resident 1 and Resident 2.
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Bob Gariepy, Program Director and Chris Clauer, Bureau of Juvenile Justice
Investigator, each received a different version of what happened from Resident 1.
The police report also indicates that the second incident described by Resident 1
during interviews, did not happen due to Resident 2 not being in the same area of
the facility at the time. Resident 1 recanted his allegation.
I observed the Pod area and found that the pencil sharpener and shower doors are
located against the same wall, within a few feet of each other. After interviews with
residents and staff, I cannot substantiate inappropriate sexual contact occurred
between Resident 1 and Resident 2.
APPLICABLE RULE
R 400.4127
Staff-to-resident ratio.
(2) The ratio formula for direct care workers shall correspond
with the institution's purpose and the needs of the residents and
shall assure the continual safety, protection, and direct care and
supervision of residents.
ANALYSIS:
From interviews with residents and staff it could not be
substantiated that Resident 1 and Resident 2 had sexual
contact.
CONCLUSION:
VIOLATION NOT ESTABLISHED
ALLEGATION: ●Administrator reported that several youth were sexually involved
over a period of several months.
INVESTIGATION:
Resident 1 stated that a group of five residents began initiating sexual contact
around the end of July 2009. On 9/10/09 Resident 1 stated he dropped a letter in
the kitchen that had been given to him from Resident 2. A staff found the letter and
that’s when everything came out.
Resident 1 stated that the main players were Residents 2, 3 and him. Resident 1
further stated that Resident 2 was alleging that he had anal and oral sex with
Resident 2, was passing letters to Resident 2 and fondled and masturbated him.
When asked if these allegations were true, Resident 1 stated he could not respond
per his attorney’s advice. I asked Resident 1 if these things could continue to
happen and he responded “yes”, stating that staff is reading books, doing puzzles,
communicating with other staff and not keeping an eye on residents. Resident 1
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also stated that staff is “new to the game” and not keen on the grooming techniques
of the residents.
Resident 2 stated that the grooming between him and three other residents began
sometime in July 2009. This consisted of sexual talk, flirting, brushing against each
other, asking for sex and watching each others back. Resident 2 stated that a
resident would go into the bathroom and leave the light off. Another resident would
then enter the bathroom and turn the light on and the residents would have contact.
Resident 2 further stated that he and Resident 1 did this on 3 occasions, twice in the
morning and once during Sunday GI’s (cleaning time). Resident 2 stated each time
lasted about 5 to 6 minutes and consisted of Resident 2 and Resident 1 kissing,
fondling and performing oral and anal sex with each other.
Resident 2 stated that after a short time, the resident that entered the bathroom
second would flush the toilet and act like he was washing his hands, and then leave
the bathroom. When staff wasn’t in the Pod area, another resident would go over to
the bathroom and knock on the door and the other resident would exit the bathroom.
Resident 2 stated that the contact was consensual between him and Resident 1.
Resident 2 then stated that he and Resident 3 had touched each other while walking
in line when they would turn the corner and also in the game room while playing
games. During these times Resident 2 stated they were not visible by staff.
Resident 2 stated that he and Resident 3 had oral sex in the game room while staff
was in the Pod areas (Pod areas are where resident rooms are located).
Resident 2 also described an incident during history class (6th hour) where he had
anal sex with a resident behind the cabinets when the teacher was out of the
classroom and no staff was present. Resident 2 stated the staff person was in
another classroom and the other staff was in the bathroom.
Resident 3 stated that he came to Shawono in January 2009 and Resident’s 1 & 2
were already there. Resident 3 stated that during class time and transit (when
residents were in line going somewhere) he touched Resident 2 on the butt 5 – 6
times. Resident 3 stated that during transit one staff is in front of the line and one is
at the back of the line. The touching takes place during times staff is not looking or
when another resident “fronts for you” (blocks staff view).
Resident 3 stated that one time Resident 1 took a staff schedule so they could learn
staff behavior and could then plan time together, depending on what staff was
working. Resident 3 also stated that he did see Resident 1 and 2 enter the
bathroom on one occasion, but did not have a time line. When I asked Resident 3
where staff was at that time, he stated staff was at the desk doing log entry.
Resident 3 further stated that there is 2 staff for the 2 Pods.
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I asked Resident 3 about Sunday cleaning. Resident 3 said that on Sunday’s
residents clean their rooms, all the doors are open and residents are in and out of
their rooms. It is still done this way, but now with 2 staff on the Pod, one to spray the
rooms with disinfectant and the other to observe. Resident 3 further stated that they
used to allow two residents to clean the bathrooms and this is when sexual activity
would take place, but this is not allowed anymore.
Resident 4 stated he came to Shawono in April 2009 and learned about the sexual
incidents shortly after he arrived.
Resident 4 stated that during third shift, residents go to the bathroom and leave
notes for other residents. Staff does not check the bathroom after a resident leaves.
Resident 4 stated that residents sit at tables in the game room when staff is in the
office. Staff can see the residents, but cannot see under the table. Resident 4
stated that residents will fondle and masturbate each other.
Resident 4 also described the bathroom routine during cleaning time and stated that
2 residents used to clean together and sexual things would happen like kissing and
fondling.
Resident 4 stated that Resident 3 touched his butt 4 – 5 times during transit, in class
and one time in the game room.
Resident 4 stated that some staff still are not as attentive as others. Resident 4
further stated that most staff is relaxed and not very involved and do not see or pay
attention to the grooming behavior taking place between residents.
Teacher 1 stated that it was alleged that he left the classroom to get coffee and staff
had gone to another classroom. There were 5 – 6 residents in the classroom at the
time. It is alleged that residents had sex while the teacher and staff were out of the
room. Teacher 1 stated that he does not remember leaving the classroom.
Supervisor 1 stated that staff observed a Resident 1 drop a piece of paper while in
the kitchen area. When obtained from Resident 1, the letter indicated sexual contact
between Resident 1 and another resident. Supervisor 1 stated that all residents
were placed in their rooms and requested to write statements and after reading the
statements, the police were called in.
Group Leader 1 stated that she wasn’t at Shawono when the note was found, but did
speak with Resident 1 and he admitted to touching and kissing Resident 2
inappropriately. Group Leader 1 further stated that Resident 2 alleged oral and anal
sex occurred between Resident 2 and Residents 1 and 3. When this was discussed
during group, Resident 3 remained quiet. Group Leader 1 stated that she did feel
the opportunity presented itself for the residents to have sexual contact with each
other.
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Group Leader 2 stated that residents stated they all knew things were going on and
Resident 3 admitted to bumping others and making inappropriate comments about
staff.
Staff 1 stated that he was in the kitchen area when another staff found the note
dropped by Resident 1 and described the same scenario as Group Leader 1.
During interviews with residents, they were very open and candid about how easy it
was to groom and have inappropriate sexual contact with other residents.
During my interview with Bob Gariepy, Program Director, it was stated that Shawono
is in the process of obtaining cameras for the facility. I discussed my findings and
conclusion with Mr. Gariepy during our exit interview.
It is further noted that Licensing Consultant Don Collier, conducted an investigation
in October 2008 alleging inappropriate sexual contact between 2 residents at
Shawono. In Mr. Collier’s report dated 10-6-08, he concluded that the allegations
had merit. Mr. Collier’s corrective action stated, “As noted in my memo to you dated
10-3-08, the initial corrective action will be to ensure that the teaching staff and
youth specialist assigned to monitor the classroom were provided direction to
heighten their awareness of this area.” Additional corrective action included
encouraging staff to heighten their awareness of the residents they are assigned to
supervise.
APPLICABLE RULE
R 400.4127
Staff-to-resident ratio.
(2) The ratio formula for direct care workers shall correspond
with the institution's purpose and the needs of the residents and
shall assure the continual safety, protection, and direct care and
supervision of residents.
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ANALYSIS:
Interviews with residents and staff substantiate residents did
have inappropriate sexual contact on numerous occasions
during July 2009 and September 2009.
CONCLUSION:
This is a Repeat Violation. A 12-5-08 special investigation
report (2009C0102001) indicated inappropriate sexual
contact between residents and the CAP indicated residents
would be separated, mirrors would be placed in classrooms
and living areas and student desks replaced for better
supervision.
A memo dated 10-3-08 stated the initial corrective action
would be to ensure that the teaching staff and youth
specialist assigned to monitor the classroom were provided
direction to heighten their awareness. Additional corrective
action included encouraging staff to heighten their
awareness of the residents they are assigned to supervise.
Your corrective action needs to continue to heighten staff
awareness of this population, as well as pursuing cameras
installed throughout the facility.
IV.
RECOMMENDATION
Upon completion of an acceptable corrective action plan I recommend no change in
the status of this child caring institution – public.
Bill White
Licensing Consultant
October 29, 2009
Date
Approved By
12/07/09
Deborah Clark
Area Manager
Date
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