STATE OF MICHIGAN DEPARTMENT OF HUMAN SERVICES NOTE: THIS REPORT CONTAINS SEXUAL CONTENT. CI C Muskegon River Youth Home- Male

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1 STATE OF MICHIGAN DEPARTMENT OF HUMAN SERVICES BUREAU OF CHILDREN AND ADULT LICENSING JENNIFER M. GRANHOLM GOVERNOR ISMAEL AHMED DIRECTOR NOTE: THIS REPORT CONTAINS SEXUAL CONTENT December 23, 2009 George Kelley, Jr. Muskegon River Youth Home- Male PO Box 956 Evart, MI RE: License #: Investigation #: CI C Muskegon River Youth Home- Male Dear Mr Kelley, 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. If you desire technical assistance in addressing these issues, please feel free to contact me. In any event, the corrective action plan is due within 15 days. Failure to submit an acceptable corrective action plan will result in disciplinary action. P.O. BOX LANSING, MICHIGAN (517)

2 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 Sincerely, Bill White, Licensing Consultant Bureau of Children and Adult Licensing Suite S. Elmwood Traverse City, MI (231) enclosure

3 MICHIGAN DEPARTMENT OF HUMAN SERVICES BUREAU OF CHILDREN AND ADULT LICENSING SPECIAL INVESTIGATION REPORT I. IDENTIFYING INFORMATION License #: Investigation #: CI C Complaint Receipt Date: 12/09/2009 Investigation Initiation Date: 12/18/09 Report Due Date: 02/07/2010 Licensee Name: Licensee Address: Muskegon River Youth Home, Inc 3030 Long Lane Evart, MI Licensee Telephone #: (231) Administrator: George Kelley, Jr., Administrator Licensee Designee: Name of Facility: Facility Address: Muskegon River Youth Home- Male 3030 Long Lane Evart, MI Facility Telephone #: (231) Original Issuance Date: 12/10/2004 License Status: REGULAR Effective Date: 06/10/2009 Expiration Date: 06/09/2011 Capacity: 12 Program Type: CHILD CARING INSTITUTION, PRIVATE 1

4 II. ALLEGATION(S) Sexual contact between residents III. METHODOLOGY 12/09/2009 Special Investigation Intake 2010C /18/2009 Contact - Face to Face 12/18/2009 Exit Conference ALLEGATION: Sexual contact between residents. INVESTIGATION: Resident C, age 16, stated there were 3 incidents of sexual contact between Resident A and B over a one week period. Resident C stated he observed 2 of the 3 incidents. Resident C stated the first incident between Resident A and B happened in the agency van on the way to church. Resident C stated Resident A asked him to get the back seat of the van, as Resident C was first in line. Resident C stated that he and Residents A and B sat in the back of the van with the other residents in the other seats ahead of them and 2 agency staff in the drivers and passenger seat in front. Resident C stated that Residents A and B were sitting next to each other and Resident B told Resident C to move closer to them. Resident C stated that Resident A pulled his arms inside his coat and exposed his privates. When asked if he meant his penis, Resident C stated yes. Resident C stated that Resident B then masturbated Resident A to climax. Resident C stated that after this, Resident A put his hand inside the back of Resident B s pants on his butt. Resident C stated the second incident was in the house on the couch. Resident C stated that he and Residents A and B were sitting on the couch and Resident C put the cushion from the back of the couch on his lap and requested Resident B do the same, which he did. Resident B started touching Resident B s butt and told Resident C to move closer, which he did. Resident C stated Resident B then masturbated Resident A. Resident C stated that there were other residents in the house and one staff was behind the desk and the other behind a table next to the desk. I observed the house and the couch could be seen from where staff was. Resident A, age 16, stated that he and Resident B and C were sitting in the back seat of the van when Resident B asked Resident A if he could touch his stuff. I asked Resident A if his stuff meant his penis and he stated yes. Resident A stated he said yes and Resident B touched his penis through his pants. Resident A stated that both staff were sitting in the front of the van talking. 2

5 Resident A stated that the second incident took place on the couch in the house. Resident A stated that he and Residents B and C were sitting on the couch in their robes. Resident A stated that all residents were wearing robes, as they had all just taken evening showers. Resident A stated that Resident B again asked to touch his stuff (penis) and he said yes. Resident A stated Resident B touched him penis inside his robe and he touched Resident B s butt inside his robe. Resident A stated that there were other residents in the house and the 2 staff were behind the desk and a table next to the desk, with the couch in view. Resident A stated that both he and Resident B had couch cushions on their lap. Resident A stated the third incident took place outside when he and Resident B were taking out the trash. Resident A stated that the residents were returning to the house after dinner and recreation and he was to take the trash to the trash bin. Resident A stated that Resident B asked staff if he could help Resident A and staff agreed. Resident A stated that one staff was in front of the line and the other staff was in the back walking residents to the house. Resident A stated that he and Resident B took the trash to the trash bin which was blocked by and out building. Resident A stated Resident B asked if he could suck his stuff (penis) and he said yes. Resident A stated he took his penis out of his pants and Resident B sucked it. Resident A stated that they then returned to the house. I asked Resident A where staff was at this time and Resident A stated one staff was sitting on the deck of the house talking to another resident. Resident A stated that all three incidents happened within a one week period. Resident B, age 13, stated that he and Residents A and C were sitting in the back of the van on the way to church. Resident B stated that Resident A had planned ahead of time to have Residents A, B and C sit together in the back of the van. Resident B stated that Resident A asked him if he wanted to give him a hand job. I asked Resident B if by hand job he meant masturbate and he said yes. Resident B stated that Resident A had a big coat on and pulled his arms inside and took his pants down a little. Resident B stated he moved closer to Resident B and asked Resident C to move closer to him. Resident B stated that Resident A took his hand and placed it on Resident A s penis. Resident B stated that he masturbated Resident A. Resident B stated that after this Resident A put his hand down the back of Resident B s pants and put his finger in his butt. Resident B stated the second incident took place in the house when he and Residents A and C were sitting on the couch. Resident B stated that all residents were in robes after evening showers. Resident B stated that Resident A put the back cushion from the couch on his lap and told Resident B to move closer and put a cushion on his lap, which he did. Resident B stated Resident A told him to touch his dick. I asked if he was referring to his penis and he said yes. Resident B stated that he masturbated Resident A and then Resident A touched his butt. 3

6 Resident B stated that one staff was at the desk and the other was at the table next to the desk but could not see them that well. Resident B stated the third incident took place while he and Resident A were taking the trash to the trash bin. Resident B stated that after dinner Resident A told him to grab the trash with him and while they were returning to the house with the other residents, he and Resident A took the trash to the trash bin. Resident B stated that one staff was inside with the residents and the other staff was sitting on the porch talking to another resident, but could not see Residents A and B. Resident B stated that when at the trash bin Resident A pulled his pants down and asked Resident B to suck it. I asked Resident B if he was referring to Resident A s penis and he stated yes. Resident B stated that he did suck Resident A s penis until they heard the staff call their names and then Resident B said he ran to the house and Resident A eventually followed. Resident B stated that he told other residents and then staff. Resident B stated that all three incidents happened within one week. I asked Resident B if he felt threatened or intimidated, or was afraid of Resident A and he stated no, but he didn t feel safe in the facility. George Kelly, Jr., Director stated that one staff was let go, one staff was given a two day suspension and letter of reprimand in his file and another staff was given a letter of reprimand. Mr. Kelly also stated that law enforcement has investigated the incidents. Muskegon River Youth Home Policy: Staff to youth ratio is the same as R to 1. Staff orientation policy states: No hands on/horseplay from clients to clients, from clients to staff, from staff to clients, from staff to staff. NO HANDS ON/HORSEPLAY PERIOD!!! Do not allow youth to go downstairs or outside without staff supervision. This includes making sure you have visual on them even when going to the dumpster Policies/Procedures: 13. Clients from front unit must stay in staff s supervision when they are outside. Policy Changes/Updates Effective : 11. The front unit residents are to NEVER be allowed outside and/or downstairs without supervision memo to staff: Open-unit programs: Residents are not allowed to be unsupervised. Do not allow youth to take cushions of the couch. 4

7 APPLICABLE RULE R Program statement. (1) An institution shall have a current written program statement which specifically addresses all of the following: (c) Policies and procedures pertaining to admission, care, and discharge of residents. ANALYSIS: CONCLUSION: Two male residents at Muskegon River Youth Home were able to have sexual contact on 3 occasions in a one week period, by being left alone and unsupervised which is against Muskegon River Youth Home polices. VIOLATION ESTABLISHED APPLICABLE RULE R Sufficiency of staff. (1) The licensee shall have a sufficient number of administrative, supervisory, social service, direct care, and other staff to perform the prescribed functions required by these administrative rules and to provide for the needs, protection, and supervision of residents. ANALYSIS: Two male residents at Muskegon River Youth Home were able to have sexual contact on 3 occasions in a one week period. Staff at Muskegon River Youth Home failed to provide for the supervision of residents. CONCLUSION: VIOLATION ESTABLISHED 5

8 IV. RECOMMENDATION Upon receipt of an acceptable Corrective Action Plan I recommend no change to this Child Caring Institution license Private. Bill White Licensing Consultant December 23, 2009 Date Approved By: 12/23/09 Deborah Clark Area Manager Date 6