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REPORT RE:
Investigation Regarding the procedure Conducted by PANI and the
Ministry of Health on Dundee Ranch Academy.
NOTE: Narvin
Lichfield to stand trial September 25, 2006, for allegations of
abuse at Dundee Ranch that dates back to 2003.
May 14, 2003
Translation
Summary
The public Defender’s Office
Item Number: 963
File Number: 15036
The document was prepared for the following
persons and agencies:
Rosalia Gil Fernandez - Executive President –
PANI (Child Protection Agency)
Maria del Rocio Saenz Madrigal - Minister – Public Health
Manuel Antonio Bolanos Salas – Minister - Ministry of Public
Education
Katya Jimenez Reyes - General Director – Institute for alcoholism
and substance abuse
Carbon Copy – Bruce Harris - Casa Alianza
The document was prepared by: Jose Manuel Echandi Meza – Public
Defender
HIGHLIGHTS
Page 1:
- The Public Defender’s office launched an
investigation regarding the procedure conducted by PANI and the
Ministry of Health on Dundee Ranch Academy.
- References were made to the May 14, 2003
newspaper article by Al Dia.
Page 2:
- On May 14, 2003 – The public defender’s
office was informed about the findings by PANI.
- The report highlighted issues found at
Dundee:
- The investigation was still in
progress.
- Many of the youth appeared to be ill.
- The youth slept on mattresses laid on
the bare floors.
- One of the rooms was used to make the
youth stare at the walls and write repetitive phrases and
words
Page 3 -Continuation of findings based on the
report from May 14, 2003:
- There were concerns about the legal and
immigration status of the youth.
- The report recognized some positive
aspects about the Academy such as changes in behavior and a
reduction of drug abuse.
- The report highlighted some of the
negative aspects about the Academy:
- The levels of nutrition and food
provided were limited.
- Problems with the hygiene of the
facilities.
- Overcrowding in the rooms.
- Lack of attention in regard to health
matters.
- Limitation of outside contact with
family and other persons.
Page 3 – Report summary continued- negative
aspects:
o
There were concerns because the youth were taken from
their homes and placed in environments where they did not know
anyone or anything about the program they were about to enter.
o
The staff did not have a clear understanding of the
language that the youth spoke.
o
There was a lack of professional staff such as
psychologists.
o
Limitations on the free time and recreation times for
the youth.
o
Many youth felt isolated from society.
Page 4 - Protection measures taken on May 19,
2003:
- The physical premises did not meet the
appropriate standards for the basic needs of the youth.
- The food provided did not meet the basic
nutrition requirements.
- There was a restriction placed on the
youth to communicate with outside people and families.
- Lack of qualified staff.
- Immigration issues for the youth.
Page 5 – Report from May 19, 2003 – Continued:
- The punishments given such as physical
abuse and psychological abuse are prohibited under Costa Rican
law. Examples: Physical restraints and the repetition of
corrective phrases.
- Overcrowding.
- Hygiene issues.
- The Academy did not have the appropriate
permits to run the school and the health permits had expired.
- The youth did not know anything about the
Academy prior to their arrival and the parents signed an
authorization form that was not in accordance with the parental
authority legislation for children and youth—i.e. it’s against
Costa Rican law for the parents to sign away the children’s
rights.
- Investments made in the property did not
benefit the youth directly.
- The youth did not receive professional
treatment.
- The complaints by the youth were often
ignored.
- The academy did not appear to have a clear
curriculum.
- Parents complained about incorrect
information and benefits that never materialized.
Page 6:
- During the investigations on May 19, 2003
it was decided that Dundee Ranch needed to cease the actions
that did not comply with the basic rights of the youth at the
academy.
- The report gave a 30 day period for the
Academy to come into compliance with Costa Rican requirements
and in accordance to human rights.
Page 6 – Continued:
Legal accusations – PANI listed several items
of concerns about Dundee with the D.A.’s office:
- The issues listed were the same as listed
on pages 3, 4, and 5.
Page 7:
- On May 20 the newspaper La Nacion
published a segment showing that PANI knew of the irregularities
at Dundee since March of 2003 but PANI did not act at that time.
- In the same segment, the director of Casa
Alianza indicated that PANI knew of the problems at Dundee since
October of 2002.
- After reviewing the information the public
defender’s office launched an investigation – 15036-26-2003-IO
to review the activities of Dundee, the actions of the Ministry
of Education, the Ministry of Health, and other institutions.
Page 8:
- Case 05843-2003-DHR – June 6, 2003 – A
variety of government bodies requested information from the PANI:
- Who was the first person who knew of
the irregularities at Dundee and how did this person
proceed?
- If the PANI knew about violations of
human rights at Dundee since October of 2002, why didn’t
PANI take protective measures at that time?
- How did PANI work with other
governmental institutions to guarantee that Dundee met the
proper requirements for operations?
- What is the current status as to the
process initiated against the representatives of Dundee by
the D.A.’s office?
- During the raid on Dundee, did PANI
bring psychologists and professional staff - What were their
names?
- Does PANI have information about other
similar centers that offer the same punishments?
- Questions to the Ministry of Health:
- Does the operation of this type of
center require special permits or procedures?
- Did the ministry become involved in
any procedures in regard to Dundee?
Page 9:
- Questions to the Ministry of Education:
- Need to know if the ministry issues
permits in regard to these centers and if they have any
enforcement provisions.
- What was the involvement of the
ministry in regard to this case?
- Questions for the Institute for Alcoholism
and Substance Abuse:
- When did they learn about the
operations of Dundee?
- Did the institute become involved in
this case?
Page 10:
- More cases and files.
- Issues about the lack of professional
staff.
- The institute of alcoholism and substance
abuse as per article 22 of law 8289 did not find that Dundee met
the requirements as a centre for substance abuse. The institute
does not endorse the activities of Dundee.
Page 11:
- Findings by the ministry of health – Visit
on May 20, 2003:
- Dundee did not have a program for
rehabilitation for youth that were involved in substance
abuse.
- They did not have the proper health
permits.
- Dundee did not have procedures to
treat their population.
- The center did not have appropriate
nursing stations as per the construction codes. The nursing
station was adjacent to the kitchen, where food was
prepared. The nursing station did not have proper bedding
or proper ventilation systems.
- The station had the files on the
students kept by Dr. Leguizamon from Orotina and files for
patients that were transferred to a nearby clinic – Clinica
Biblica.
- Dundee had a dental center that did
not meet the proper requirements. There was a lack of
privacy in the dental center.
Page 12:
- Continuation of findings by the ministry
of health:
- Description of processes to modify
behavior, described the rewards and punishment system as
military-style or boot-camp style training. Some of the
exercises forced upon the youth seemed strenuous.
- The system at Dundee failed when the
youth started to question authority and power.
- PANI assessed the situation as a
crisis situation after seeing youth fleeing and running away
from Dundee.
Page 13:
- Ministry of education:
- The ministry was not under obligation to
extend any permits or permission to operate to Dundee.
- The ministry of education is unaware of
the nature, objectives, organization, or the operations of
Dundee.
July 11, 2003
- The public defender’s office received a
copy of document REA.6.10.7.2003 dated July 10, 2003 written by
Henry Ramirez Calderon, General Director of the ministry of
public education of Alajuela informing the ministry of education
about the following:
- The ministry of education is not
responsible for centers such as Dundee because those centers
do not provide formal or informal education.
Page 13-continued:
- According to the press, there was a
contractual relationship between the parents of the youth
and the Academy Dundee Ranch.
- The ministry is not authorized to
intervene in private centers recognized and authorized by
the council of Education.
- Dundee did not provide educational
services recognized by the ministry.
- The general director considers that
the council of Education should analyze the situations and
services of similar academies.
Page 14:
- July 9, 2003 – Document G.T. 0957-2003
- PANI was invited to attend Dundee in 2001
when Dundee started with 9 youth in the program.
- During the first visit some concerns were
expressed. The concerns were not alarming in 2001 because in
2001 approximately 70 youth attended the program compared to the
approximately 200 youth at the latter time. In 2001 the PANI
did not possess legal criterion due to the fact that Dundee had
the consent of the parents for the minors in the program.
- October 2002 – Tico Times printed an
article about the ranch.
- February 5, 2003 – PANI employees, Rodolfo
Vicente Salazar and Laura Chinchilla Barrientos initiated the
investigation.
- The living conditions needed to
improve.
- The manager of Dundee expressed the
consent to improve the facilities.
- In another visit by PANI, PANI conducted a
questionnaire of 60 students. The students expressed problems
in relation to nutrition, hygiene, punishments, overcrowding.
- During a second visit by PANI, PANI
noticed that some of the problems had improved but the
institution still had problems with the punishment system.
- Consideration was given in cooperation
with the American embassy to close the Dundee Ranch academy,
Page 15:
- Concerns were raised as to the future of
the youth. Other alternatives were considered. During the
alternatives considered an issue was raised. The youth were not
Costa Rican citizens and were mainly American citizens. The
parents had signed documents delegating the care of the youth to
the Academy. PANI had to consider the transfer of the youth to
their native country.
- The ranch did not have permission from
PANI, nor the ministry of education, nor the institute of
alcoholism and substance abuse.
- Dundee appeared to have a permit from the
ministry of health,
- Several concerns were raised in regard to
nutrition and health. The ministry of health was asked to take
part in the investigation.
- The ministry of health, institute of
alcoholism and substance abuse, and the ministry of education
conducted a visit to the premises on May 20, 2003.
Page 15-continued:
- There are regulations that rule
institutions for minors – “Documentos para el proceso de
Evaluacion de una Organizacion No Gubernamental." Documents for
the evaluation process for a non-governmental organization.
- The D.A.’s office of Atenas had a process
number 03-291104-305-PE against the Dundee ranch academy. The
process relates to the deprivation of liberty of Nicole Helen
Deniken and others.
- On June 12, 2003, Mr. Narvin Litchfield,
the owner of the Academy was denied exit from Costa Rica.
Page 16:
- The Academy Dundee Ranch was associated
with WWASPS – World Wide Association of Specialty Programs and
Schools. Listed the different locations.
- The program is based on behavior
modification. The program lacks professional personnel; the
program is drastic, and utilizes external controls to achieve
internal control.
Page 17:
- The conditions of the program:
- Had approximately 140 males and 60
females in a limited amount of space.
- Food and nutrition were lacking.
- The youth lacked appropriate
attention.
- The program was based on self-study
with only a few tutors.
- The recreation aspects were limited.
- Some of the sanctions in the program
included:
- Isolation.
- Writing thousands of words.
- Physical restraints.
Page 18:
- Summaries of some of the visit dates and
information previously listed.
Page 19:
- The reaction of the students on May 20,
2003:
- Defined as explosive, some ran, some
caused damages to the premises.
- The next day, the U.S. Embassy was
informed that it needed to contact the parents in the United
States.
- PANI could not force any of the children
to remain in Costa Rica.
- The custody of the youth – approximately
49% of parents had given custody to Dundee’s authorities and 51%
of parents had remained with custody rights,
- The process considered the requests of the
students to return to their families in compliance with the
rights of children and the code for children and adolescents, as
well as in accordance to their physical and emotional integrity
after the small riot that was formed.
Page 20:
- Until May 27, 2003 PANI stayed present and
vigilant in the ranch when only 4 youth remained.
- 3 of the youth left on May 28, 2003.
- The last youth left on May 29, 2003.
- On may 30, 2003 and June 9, 2003 there
were meetings with representatives of WWASPS. WWASPS wanted to
analyze the viability of continuing its operations in Costa
Rica.
- The executive summary provided by PANI
stated that the all of the youth that were at Dundee left the
country with the intervention of the embassy of the United
States.
- Certain documents were attached to the
summary. Documents provided by Susan Maska-Deniken (Flowers)
for a minor from the state of North Carolina in the U.S.A.
- Other documents included the declaration
by Slawomik Wiciak Gasiorowska and e-mails sent on March 4, 5,6,
and 7, 2003 to the e-mail address:
panipre@racsa.co.cr
Page 21:
- One June 11, 2003, the public defender’s
office received written documents from Bruce Harris at Casa
Alianza, the documents indicated the following:
- On April 4, 2003 Casa Alianza received
from Susan Flowers a complaint indicating that her daughter
(14 years old) Nicole Helene Daniken was at Dundee against
her will. Nicole’s father placed her in Dundee for behavior
problems. Nicole was the victim of inhumane practices and
severe punishments.
- On April 6, 2003 recourse in favor of
Nicole was placed in a constitution court. On May 2, 2003
the recourse was disallowed by the same court.
- Other documents attached included
newspaper articles from newspapers around the world.
Page 22:
- Other findings:
- The human rights of the minors were
violated for a long time and PANI did not provide the
appropriate attention. The following is a list of
irregularities:
- Some of the minors were taken away
from the country without the parents’ permission.
- The parents signed 20-page contracts
with Dundee where the parents conceded the fundamental
rights of the children. This contract is in violation with
Costa Rican law, that is why an investigation was requested
from the public defender’s office.
- There is a concern about the ease that
a foreign entity can register with the pertinent authorities
to care for hundreds of children and adolescents
Page 22 – Continued:
- Concerned with the fact that there is
no control when a parent comes into the country with
children and leaves the country without them.
- The public defender’s office solicited
the help of their counterparts in Jamaica and Mexico.
Page 23:
- Items considered by the public defender’s
office:
- PANI did not alert and did not
coordinate with the appropriate institutions to guarantee
the protection of the minors at Dundee in accordance to
PANI’s own laws – law Number 7648 –“Brindar supervision y
asesoramiento en material de ninez y adolesencia y familia
tanto a organizaciones publicas y privadas como a la
sociedad civil que lo requiera.” To provide supervision and
aid to children, youth, and families, both in public and
private institutions and in society in general as the needs
require it.
Page 24:
- Appears that the PANI was permissive and
tolerant in relation to the activities at Dundee.
Page 25:
- The public defender’s office
recommendations to PANI:
- For senior directors and management to
review the procedures and policies to be able to avoid
future situations like the case in question.
- To start an administrative process to
examine PANI’s intervention at Dundee.
- To start an operations coordination
manual between different governmental institutions.
- To have clear policies and directives
for prompt action for children and youth in high risk
situations in intern institutions.
- The public defender’s office
recommendations to the ministry of health:
- To have a system of control to verify
periodically the expiration dates on health permits.
Page 26:
- The public defender’s office will give 15
days to the agencies to prepare the following information:
- Measures and recommendations to be
followed.
- Timeframe to execute the measures and
recommendations.
The
name of the person in charge of the action plan |
