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 1 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. 2 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 3 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. 4 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. 5 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. 6 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 7