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Pegasus RTC
Foster Child Care Institutions "On Watch"
Although the owners of Pegasus RTC had the best of intentions, according to DFPS Compliance History, the staff who work with children are out of control. Staff workers cited repeatedly for sharing pornography on cell phones and in magazines with children for whom the staff are responsible and act as an example.
Pegasus History of NonCompliance (PDF) Updated: 03/01/2011
Below is a small sample pulled from the Pegasus RTC Compliance History, especially when responding to children's behaviors. As of January 1, 2007, new laws intending to prevent further deaths and lessen broken bones, clarified the reasons for initiating Emergency Behavior Intervention (EBI), outlawed prone restraints, and requires employee's complete training before performing EBI's. Pegasus RTC lack of Compliance with Minimum Standards should cause action by Residential Child Care Licensing (RCCL) to avoid the increased Risk to Children in foster care. RCCL repeatedly cited Pegasus for misuse of restraints, employee misconduct, and staff on child abuse.
10/12/2010 - 748.2551(c)(2) - Emergency Behavior Intervention (EBI) Implementation - Caregiver must use the minimal amount of reasonable and necessary physical force. Based on interviews conducted and documentation reviewed, there is enough evidence to indicate caregivers have not used the minimal amount of reasonable and necessary force in some circumstances.
9/15/2010 - 748.2455(a)(2) - Emergency Behavior Intervention (EBI) - Basis for EBI is an emergency situation or to administer medication. A staff member attempted an escort of a child when the circumstances did not meet the definition of an emergency situation as defined in 748.2401 (5).
8/11/2010 - 748.2463(3) - Emergency Behavior Intervention-Never used as a means to get a child to comply. A staff member initiated a restraint when a child would not back away from the staff member. At the time the restraint was performed, the child's behavior did not meet the definition of an emergency situation.
6/21/2010 - 745.625(7) - Background checks submitted - Every 24 months after each person's background check was first submitted. Background checks were not submitted within 24 months of the last submission dates for at least five employees.
7/6/2009 - A staff member inappropriately initiated an emergency behavior intervention when a child refused to comply with staff and walk outside of the dorm. The child was not a danger to themself or others. Staff also showed a lack of self control in the manner in which they initiated the emergency behavior intervention on the child.
4/2/2009 - An employee performed a physical restraint technique on a child in care which was not approved for use by the operation.
2/3/2009 - Based on interviews conducted and documentation reviewed, there is enough evidence to indicate the therapist/employee was not aware of each child's on-going activity during multiple therapy sessions.
| Instead of simply firing abusive workers, Texas Law mandates facilities to report to Residential Child Care Licensing and the local police department, when a child in state foster care is harmed. If a child assaults a staff member, the police department sorts out what happened. When adult staff assault children, instead of reporting to police or RCCL, abusive staff remain free to work elsewhere with children. charging with the crime committed; parents would be criminally charged. |
11/25/08 - The operation did not report an incident in which a child in care tried to commit suicide; the child was not successful in the suicide attempt and staff responded appropriately and quickly.
5/17/07, 37 citations involving violent acts and sexual behavior of staff.
5/4/07 - Staff showed children in sexual abuse treatment center pornographic images that were on his cellular phone.
Staff are not supervising children, allowing children to sexually assault other children. Primary problems remain the same in type of serious violations of Minimum Standards, and the appearance of a lack of accountability. Instead of simply firing the worker, any person who harms a child in state foster care should be criminally charged; a parent would be criminally charged.
If this occurred in a family, the adult would be required by law to report to police the adults who are involving minors in pornography.
What Rights Do Children in Foster Care Have?
Texas Administrative Code
Chapter 748
General Residential Operations And Residential Treatment Centers
Subchapter H Child Rights
Rule §748.1101
We have "Zero Tolerance" for violent behaviors of children in the public school system, yet RTC staff perpetrate the same "Zero Tolerance" behaviors against children in the state foster care system. The recent Texas Appleseed Foster Care Overview reflects that 59% of children in TX foster care live in Residential Treatment Centers. When children are abused by the workers who are entrusted to protect the children, no action is taken against abusive staff.
How long do we, as Texans, tolerate this abuse against children who are in state foster care?
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What rights does a child in foster care have?
According to a Press Release from CAICA, employees of facilities who care for children are Mandated Reporters and cannot be held to a contract that many employees are required to sign, agreeing to be silent about what goes on in facilities.
"If you witnessed maltreatment of children or teens, mild or severe, it is your moral and legal obligation to report it - for the sake of the children. There is protection for those who report child abuse and neglect." Coalition Against Institutionalized Child Abuse (CAICA)
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