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Skyview Academy closes its doors
Letter to Parents
November 2007
Notice of Closure
Dear Parents,
We regret to inform each of you of
an unfortunate incident in one of our boy’s dorms.
Two students hazed another student.
This hazing was sexual in nature. Unfortunately this occurred in the
restroom, out of direct line of sight.
We have been working with the police
and the offenders are in their custody at this time. All parents
directly involved have already been contacted. The staff member was
distracted by another student while the two accused hazed the other.
This was a planned distraction.
Unfortunately the student being
hazed did not alert any staff for assistance, so our staff members
were not immediately aware of the situation. We are looking at what
can be done better to ensure that each child on our campus is safe
and secure.
Here are some of the things that we
have done to ensure the safety of each child:
• Overlapping staffing in the dorms
when the students are there.
• More administrative oversight and
involvement in dorm activities.
• Reviewing our training standards
and retraining each staff member on the key points of proper
supervision.
• Reviewing the daily schedule to
ensure increased supervision.
• Review proper restroom
procedures, including proper accounting of each student using the
restroom We recognize that
each parent places an enormous amount of trust in us, and we feel
that this is a huge responsibility. We are continually looking at
ways in which to improve the supervision and structure of our school
setting.
The administrative team has spoken
with each group of students on the campus to ensure that they
understand the severity and seriousness of the situation. The team
has also reiterated to all students that they may, at any time,
speak to staff and/or administrators if they have concerns,
especially dealing with their safety.
Sincerely, Sky View Academy
Administration
___________________________________
Parents: Because of the incident
that happened last week, the state DCFS has suspended our license
pending an appeal. They have given our school until Friday to close
our doors and get our students home or placed at another school.
After Friday we are allowed to
begin the appeal process. We believe our students, as they find out,
will behave appropriately; however, we do not want a possibly unsafe
environment developing.
We are working with our students
today about this.
We would appreciate quick action on
your part to make arrangements for the placement of your child.
If you wish to support us in our
appeal, you could call Melissa Faul, Bureau Chief at 775-684-4439 or
email her at
mfaul@dcfs.state.nv.us
____________________________________
We want to help in every way we can
to make this transition as smooth as possible. If you want to choose
another school, these are some that want to help.
1) Red River Academy –
www.redriveracademy.net – Lecompte , LA Director Brent
Hall and Dusky Golding
Ph. 318-542-1766 Ext. 110 for Brent or 101 for Dusky
They will honor the rate you have with us.
2) Cross Creek Academy – LaVerkin ,
Utah Karr Farnsworth – Director 1-800-818-6228 They will take
students at a reduced rate with an offer of group therapy once a
week with a therapist at $3295 per month.
3) Spring Creek Lodge Academy –
Thompson Falls , MT Patty Witt – Director 406-827-4344 They will
discuss with interested parents the tuition costs. Their normal rate
is $3495.00
4) Majestic Ranch – Randolph , Utah
Tammy Johnson – 970- 214-6211 Age 14 and under They will discuss
their options with interested parents. They will also offer the same
tuition rate of $2990.
www.majesticranch.org
We are very sorry that this
situation has happened and for the disruption it has caused in your
lives. We have appreciated your wonderful support in our quest to
help reunite you and your children. We will be praying for all of
our students and parents.
Thank you.
___________________________________
NOTE: Skyview is believed to be
associated with the World Wide Association of Specialty Programs and
Schools (WWASPS). WWASPS has been under investigation for
allegations of child abuse, neglect, and fraud.
____________________________________
NOTICE OF CLOSURE:
STATE OF NEVADA
DEPARTMENT OF HEALTH AND HUMAN
SERVICES DIVISION OF CHILD AND FAMILY SERVICES BUREAU OF SERVICES
FOR CHILD CARE 4126 Technology Way Carson City, Nevada 89706 (775)
684-4463 ● FAX (775) 684-4455
NOTICE OF SUSPENSION AND ORDER OF
SUMMARY SUSPENSION
September 28, 2007
Licensee: Sky View Academy Number
10, 21st Street Hawthorne, NV. 89415
Action: YOU ARE HEREBY NOTIFIED the
Bureau of Services for Child Care of the Division of Child and
Family Services (hereinafter “Bureau”) is summarily suspending
license number 723. The Bureau finds that the public health, safety
or welfare requires this emergency action to suspend your license
pursuant to NRS 432A.190 and NAC432A.230. All parents are to be
notified that Sky View Academy will not be open for services after
11:59PM, October 5, 2007 and Sky View Academy cannot operate until
further notice.
Purpose of Licensing:
NRS 432A.010 Legislative findings
and declaration. The legislature finds and declares that it is
desirable that children of our state in need of day care services
receive adequate and safe care outside of their own homes, and it is
the intent of state and local governments to assist in meeting such
needs through an administrative procedure which will further the
following objectives:
Safe and responsive child care
facilities and services.
Adequate methods to pay the costs
of child care on an individual basis in already existing child care
programs.
Proper operation of child care
programs.
Provision of services by other
public agencies on a subcontracted or purchased basis.
Authority:
NRS 432A.190 Denial, suspension or
revocation of license: Grounds. The bureau may deny an application
for a license or may suspend or revoke any license issued under the
provisions of this chapter upon any of the following grounds:
Violation by the applicant or
licensee or any employee of the applicant or licensee of any of the
provisions of this chapter or of any other law of this state or of
the standards and other regulations adopted there under.
Aiding, abetting or permitting the
commission of any illegal act.
Conduct inimical to the public
health, morals, welfare and safety of the people of the State of
Nevada in the maintenance and operation of the child care facility
for which a license is issued.
Conduct or practice detrimental to
the health or safety of the occupants or employees of the child care
facility, or the clients of the outdoor youth program.
Conviction of any crime listed in
subsection 2 of NRS 432A.170 committed by the applicant or licensee
or an employee of the applicant or licensee, or by a resident of the
child care facility or participant in the outdoor youth program who
is 18 years of age or older.
NAC 432A.230 (1). In addition to
the grounds set forth in NRS 432A.190, the Bureau may suspend or
revoke the license of a licensee on the ground that:
(a) The health or safety of a child
in the facility is being endangered; or (b) The facility is not in
compliance with standards for safety from fire and other emergencies
or standards for health and sanitation as determined by the Bureau
after an inspection of any building or premises of the facility
conducted pursuant to NRS 432A.180.
Basis: This suspension is in
response to incidences where children in the care of Sky View
Academy participated or experienced in sexual or physical assault
when a lack of appropriate supervision by staff of Sky View Academy
occurred. This violates the following sections of NAC 432A:
NAC 432A.520 General Requirement. (NRS.
077) A licensee of a child care facility shall have a staff which is
sufficient in number to provide physical care and individual
attention to each child and allow time for interaction between the
staff and the children to promote the children’s social competence,
emotional well-being and intellectual development.
NAC 432A.302.2.a The staff of a
child care facility must be able to: Work with children without
recourse to physical punishment or psychological abuse.
NAC432A.302.2.d The staff of a
child care facility must be able to: Work with parents and include
them, whenever possible, in the programming and functioning of
activities.
NAC 432A.390 Standards for
programs. (NRS 432A.077)
1. Every licensee of a facility
shall develop a program to meet the basic needs of children for:
(a) Good health and normal physical
development; (b) Optimal mental growth; (c) Stimulating language and
communicative experiences; (d) The attention, acceptance and
affection of others; (e) Opportunities to experience success and to
test mental, physical and social skills; (f ) Self-identity and a
sense of competence and worth; (g) The security provided by gentle
discipline; (h) Relations with others which set forth the rights of
adults and the rights of children; (i) Learning experiences planned
with the aid of the child’s parents which ensure harmony with the
life style and cultural background of the child; ( j) Activities
which facilitate social growth and adjustment; and (k) The time and
opportunity to learn independence and personal care. 2. A licensee
of a facility shall teach each child personal hygiene. The licensee
of a facility shall require all children to wash before meals and
after using a toilet. 3. If the weather permits, all children must
have a daily period of outdoor play. A licensee of a facility shall
provide opportunities for active play which builds muscles such as
climbing, jumping, running and playing with toys which have wheels.
The quantity and quality of materials and equipment must be
sufficient to avoid excessive competition between the children and
long waiting periods to use the materials or equipment. 4. Every
child who is in a facility for more than 5 hours per day must have a
period for a nap during the day. A child who cannot sleep must rest
during the period provided for a nap. The licensee of a facility
shall provide a cot, mat or bed for each child. 5. The amount,
variety and arrangement and use of materials and equipment used in a
facility must be appropriate to the developmental needs of the
children cared for in the facility. Materials must be stored in a
manner that allows children to select, remove and replace the
materials independently or with minimal assistance. 6. Furniture
must be durable, safe and intended for use by children or
appropriately adapted for use by children. 7. A licensee of a
facility shall provide space for the storage of the children’s
clothing and the storage must be within easy reach of the children.
[Bd. for Child Care, Child Care Facilities Reg. §§ 6.1-6.8, eff.
2-28-80.
NAC432A.400.2.g A member, employee
or other person associated with a facility shall not, for any
reason: Subject a child to any form of punishment by other children.
Parental consent to allow any person within the facility to punish a
child contrary to the provisions of this section is void.
Incidents:
May 30, 2007 – Division of Child
and Family Services (hereinafter DCFS) Child Protective Services
(hereinafter CPS) worker informed Bureau regarding a report they
received where staff “threaten new enrollees to pull down their
pants for a cavity search and sexual acts are performed during this
process”. The Bureau conducted an on site investigation where the
above allegations were not confirmed, however students reported to
the Bureau that “staff tease students saying they are going to
perform cavity searches, but they never actually follow through.”
Which is a violation of 432A400.2b. Sky View Academy did not report
the alleged child abuse and neglect incident to the Bureau which is
a violation of NAC 432A.410.
June 14, 2007 - CPS worker reported
to Bureau of a report received by a staff member alleging an
employee of Sky View Academy was transporting children. The
employee, at the time, was suspended from employment pending
background clearance. The Bureau investigated the complaint and
found the staff member had a second place of employment with an
independent transportation company. This service is paid for by
parents of Sky View students. The staff member's supervisor at the
transportation company acknowledged his employee's waiver process at
Sky View and stated he "assumed the suspension was only temporary
and that a waiver would be coming any day and it was just a
formality". The Bureau did not authorize the employee to work at Sky
View or with the children at the facility until the background check
process was complete. However, because the Bureau does not monitor
the private transportation company and is separate from the
facility, no violation was found regarding any 432A regulation. The
Bureau is concerned the employee had contact with children of Sky
View without the appropriate clearance.
September 12, 2007 – CPS informed
the Bureau of an incident involving two children alleged they are
"constantly harassed by other students" and “staff stand by and
watch”. One student alleged that another student "ejaculated semen
into a syringe and shot the liquid into his face while staff
observed and laughed." This is a violation of NAC 432A.520. One
student reported students "chop up their medicine and snort it".
This allegation was not confirmed. Another student reported a
particular student "wraps a towel around his head and acts like he
is humping other students while staff observe and laugh". Sky View
Director reported staff member was instigating "hazing type
activities and had been sleeping on duty." It was reported staff
member encouraged students to jump into the shower with other
students and squirt lotion on students while they were sleeping. The
allegation was confirmed which is a violation of NAC 432A.306 and
NAC 432A.302.2.a. Sky View Academy responded by terminating the
accused staff member stating they had "broadened their search for
quality male staff and have increased the presence of supervisors in
the dorms to monitor staffs' behavior".
September 14, 2007 – Caller
reported similar incident of staff sleeping while on shift and
engaging in hazing type behaviors. This was confirmed in response to
the September 12, 2007 report, which violates NAC 432A. 520, NAC
432A.306.1.c and NAC 432A.302.2.a.
September 28, 2007 – Parent
reported her child was physically and sexually assaulted by 2 other
children at the facility. The 2 offenders were arrested and the
victim was medically examined and underwent a forensic interview.
The medical examination confirmed sexual assault. The child that was
a victim of the sexual assault is now home and is making other
disclosures to his mother such as:
The child reported writing a letter
to his mother regarding a hazing incident of having objects inserted
into his body.
A letter was written by the child
to staff, who did not appear to intervene. (This letter was later
confiscated off of the named staff member by the policy department)
Named staff is dishonest to parents
regarding student’s behavior to prolong stays resulting in a greater
financial gain.
Many children are hazed and abused
on a regular basis.
Blanket parties occur which involve
the performance of sexual acts among students who disguise
themselves with towels.
Students are lacking the
appropriate clothing due to other students urinating and/or
ejaculating on their belongings and are not given replacement
clothing.
September 29, 2007 – CPS informed
the Bureau a child was slapping parts of his body against the face
of a handicapped child 2 weeks ago and ran from the facility on
September 28, 2007. The offender was later caught approximately 50
feet from the Sky View campus. Sky View then called Juvenile
Probation Officer (hereinafter JPO) and the child was charged with
lewdness in response to the perpetrator's admittance to the sexual
act on another child. JPO indicated students are terrorized by the
above mentioned perpetrator and often have to transfer the
perpetrator to several dorms in response to his behavior with other
students. Staff did not appear to intervene when notified of this
behavior. JPO requested involved agencies to collaborate to ensure
the safety of children is being met. Sky View Academy did not report
the alleged child abuse and neglect incident to the Bureau which is
a violation of NAC 432A.410. The admittance of this act by the
perpetrator found Sky View Academy in violation of NAC 432A.520.
September 29, 2007 - Bureau
received a copy of a letter written by Sky View Academy's Director
(also posted on facility's website) to all parents of students at
Sky View. The letter informed parents that a "hazing incident that
was sexual in nature occurred at the facility" and listed the
responses made by the facility to ensure children would be safe. The
incident mentioned in the letter was not a "hazing incident", it was
a confirmed physical and sexual assault on a student residing in the
facility who had to be removed by his parents. The Bureau does not
believe the information given to parents was accurate.
After receiving the above mentioned
reports which consisted of sexual and physical abuse allegations
among the students at Sky View and the lack of supervision by Sky
View staff, the Bureau is suspending Sky View Academy's license and
will continue with an investigation of all the allegations. At this
time, the Bureau is not able to confirm the safety of the children
in Sky View Academy's current operation and requests a more thorough
investigation to determine the facility's future status.
Hearing Notification: NRS 432A.200
Denial, suspension or revocation of license: Notice; hearing.
When the bureau denies, suspends or
revokes a license for a child care facility, the bureau shall afford
reasonable notice to all parties by certified mail, which notice
must contain the legal authority, jurisdiction and reasons for the
action taken.
The aggrieved person may file
notice of appeal with the chief within 10 calendar days after
receipt of notice of action of the bureau.
Within 20 calendar days after the
receipt of notice of appeal, the chief shall hold a hearing.
Notice of the hearing must be given
no less than 5 days before the date set for the hearing.
Hearing Contact: Chrystal Main,
Hearing Officer Division of Child and Family Services 4126
Technology Way Carson City, NV 89706 775-684-4453
The above referenced hearing is to
determine if the Bureau of Services for Child Care acted within its
authority to suspend this license.
___________________________________
Melissa Faul, Bureau Chief
cc: Linda Anderson, Deputy Attorney
General Tammy Tovey-Stephenson, Deputy Attorney General Fernando
Serrano, Administrator Barbara Legier, Deputy Administrator Amber
Vestbie, Social Services Chief II Chrystal Main, Hearing Officer
Donna Durham, Child Care Surveyor II
Notice located at:
http://www.antiwwasp.com/forum/sky-view-academy/261-heres-actual-notice-suspension-sky-view.html
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