EXTRA: Read the Emergency Order of Suspension

Treatment center for troubled youth accused of multiple violations

By DAVID CLOUSTON

Salina Journal

ESBON -- The White Rock Academy, a residential treatment center for troubled adolescents ages 11 to 18, was ordered shut down by state health officials Thursday and academy officials have until 3 p.m. Monday to find other arrangements for the 24 youth housed there.

The academy's license was suspended after inspectors on at least three occasions -- Jan. 16, Feb. 6 and Feb. 13 -- found emergency exit doors locked in violation of the state fire and safety code.

The facility had been ordered twice this month by the Kansas Department of Health and Environment and the Kansas State Fire Marshal's office to remove the locks.

The KDHE order also alleges the facility was failing to provide intensive mental health, drug and alcohol treatment to meet the levels of care needed by the residents.

At least one youth was reportedly handcuffed throughout his month-long stay at the facility in August 2007, the order states.

KDHE also charges that out-of-state youths at the academy did not have state authorities' permission to be admitted to a Kansas facility.

Deputies accompanied a representative from the Kansas Department of Health and Environment, at her request, to serve the emergency suspension order on the facility, Jewell County Sheriff David Fullerton said Thursday.

The order stated the suspension was necessary to protect youths at the facility from physical abuse or substantial threats to their health or safety.

No one representing the academy could be reached for comment Thursday.

Licensed in 2007

The academy was issued an operating license by the state in April 2007, and is housed in the former White Rock Middle School. The school in Esbon, which is located about 12 miles northwest of Mankato and has a population of about 130, closed in 2006 when the White Rock and Mankato school districts consolidated into the Rock Hills School District.

The empty school building was transformed into the White Rock Academy by Ted and Tom Madsen of Cedar City, Utah.

The academy's Web site states it helps youth overcome self-destructive behavior through its "unique setting in the rural heartland of America" providing "an excellent therapeutic atmosphere" that includes working with and caring for various animals. The site includes photos of youths feeding calves and interacting with horses, as well as doing service projects around the town.

Services not offered

However, the state alleges that the equine therapy, individual academic tutoring and other specialized services were not being provided by the academy, said Tracy Diel, director of the administrative hearing office for KDHE.

Diel's office in Topeka hears appeals concerning administrative orders issued by the agency.

He said Thursday that there is a separate matter involving a Sept. 12 intent-to-suspend notice issued by KDHE against the White Rock Academy.

In addition to not providing the specialized services that the academy advertised, the earlier notice alleged that the academy changed policies without first submitting them to KDHE for approval. It also alleged that the facility was understaffed, compared to its stated ratio of staff to residents.

Other regulations violated

Diel said the facility was accused of recording in files treatments that were not actually provided. The state also accused the facility of violating regulations concerning youths' contact with their parents.

Lastly, he said, the facility was accused of not requiring staff to sign documents indicating they had read and agreed to abide by the academy's discipline policies, and of failing to pay its operating license renewal fee.

Diel said there was a pre-hearing conference between the parties concerning the notice. There were negotiations, and time extensions were granted so facility officials could pursue a resolution of the charges without going to a formal hearing.

A hearing on the "intent to suspend" notice is set for June 22. A hearing on the emergency suspension order, if requested, would have to be scheduled separately. Such a hearing must be requested by academy representatives within 15 days, under state law.

Diel said Mankato attorney Kevin Phillips is representing the academy on the intent to suspend notice. Phillips said Thursday that the academy intends to vigorously contest the allegations in that notice; he said it's possible that a Topeka attorney would be retained to contest the emergency suspension.

Phillips said he could not comment about the details of any of the allegations facing the academy while litigation is pending.

n Reporter David Clouston can be reached at 822-1403 or by e-mail at dclouston@salina.com.

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lizzie miller says....
WOW!!!!!!!!
4/3/2009

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