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KIDS in Trouble

One year after the program was licensed for intensive outpatient treatment services by the state of Texas, allegations against the practices of the program started to emerge. 


March of 1987
The first formal complaint against KIDS emerges when
an eighteen year old was escorted out of the KIDS facility in El Paso, Texas under police escort.  The eighteen year old alleged that he was being held in the program against his will despite several attempts to use the official procedure for "signing out" of the program.  Soon to follow were two additional allegations against the program.
 

April of 1987 A written report was made by the great grandmother of a teen in the program that mentioned she had seen marks on her great grandson that led her to believe that he had been choked.  She also mentioned about teens being "bounced off walls" in the quiet room and screamed/yelled at.  This second allegation of abuse was not forwarded to KIDS for a response since the allegation did not reflect a first hand subjective report of abuse.
 

May of 1987 A third complaint was filed with TCADA from Texas DHS which was based on a report filed with the El Paso Police Department that alleged a fifteen year-old teen was dropped, restrained on the floor, and tortured methodically so as to not leave visible marks. This complaint was made by the teen after he ran from the program. A DHS caseworker interviewed the teen and determined he did not need to be removed from his parent's custody or from the program.  The allegations delayed annual relicensure of the program pending the outcome of  a formal investigation initiated by Texas Commission on Alcohol and Drug Abuse.
 

Investigatory inspections followed the allegations.  TCADA investigators first visited KIDS of El Paso on May 14-16, 1987 and then again on October 26-29, 1987.


Procedure for Handling Report of Abuse or Neglect (p.1)
Procedure for Handling Report of Abuse or Neglect (p.2)

There were those opposed to the program during this time, but the El Paso newspapers published many testimonials from KIDS parents regarding KIDS role in saving lives. 

KIDS elected new board officers in July of 1987. 

January of 1988 the Commission found KIDS in
violation of 56 rules and regulations.  KIDS was then warned that the license would be revoked in 90 days unless the violations were cured and the program came into compliance with all standards within 60 days of the January 21, 1988 dated report.

TCADA Report of the Investigation of Complaints Against KIDS of El Paso, Inc. Page 1
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KIDS of El Paso responded to the allegations for the first time and maintained that the charges stemmed from disgruntled patients making false statements.  The inquiry soon turned to a full investigation prompting investigators to make an unannounced follow up visits in March and April of 1988.  During these visits, the investigators demanded one on one access to KIDS of El Paso staff and teens for the purpose of interviewing teens about the program.   This is one time when lower phase teens were allowed to speak freely about the program as they were not under the supervision of a higher phaser or staff member.  Interviews were conducted on a  face to face basis with teens selected at random from group.  Teens were removed from group and taken into a private conference room where they spoke one on one with an investigative representative from the state licensing board.   TCADA learned much more about the program than they anticipated.

Below are thirty nine pages of a Texas Commission on Alcohol and Drug Abuse Licensure Inspection Report released April 28, 1988.  The report reflected the deferment of a decision by the Commission to revoke/renew the license of KIDS of El Paso County, Inc. until after May 12, 1988 in order to consider any written responses to the report by KIDS of El Paso.

TCADA Licensue Inspection Report on KIDS of El Paso, Inc. Page 1
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June 2, 1988, the Commission announced the revocation of KIDS license to operate.  The Texas Attorney General filed a restraining order to close KIDS and scheduled a hearing to determine if the closure would become a permanent order. The Chairman of the KIDS Board of Directors was quoted as saying, "The Commission is harassing us."  The Commission stated the program could remain open while in the 30 day appeal process. This is the first time in the history of the state agency that they have taken such an action against a facility.  KIDS initially defied the order to close and maintained that the Commission was 'harassing' the program.


Below are sixteen pages of findings in the matter of the Texas Commission on Alcohol and Drug Abuse vs. KIDS of El Paso County, Inc.  The documents include a decision of the executive director regarding the revocation of KIDS of El Paso County, Inc. license to operate, a summary of the case, findings of fact, conclusions of law, order, and notice of and instructions for appeal of licensure revocation. 

Decision of the Executive Director Regarding License of KIDS of El Paso County, Inc. Page 1
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June 14, 1988 a district judge ordered KIDS to close it's doors.

June 16, 1988 KIDS staff announced to the group that they would be closing. Teens continued to go home with other teens and the rules and terminology changed slightly. Three KIDS teens fled the program overnight as rules were substantially relaxed.

June 17, 1988 KIDS teens and staff met in an alternate facility owned by an affluent KIDS parent.

June 17, 1988 a different judge modified the closing order to permit KIDS to stay open pending outcome of an injunction court hearing June 23, 27, and 28.

June 18, 1988 KIDS resumed raps and business as usual at the KIDS building.

June 23, 1988 KIDS of El Paso went on trial in Austin, Texas. On this date, former teens and a mother testify that KIDS abused patients. The hearing was recessed.

June 27, 1988 The hearing resumed. Backers stood by the program and more of those opposed testified against the practices of the program.

June 28, 1988 a District Judge in Austin canceled the injunction against KIDS. On the third and final day of the trial, an Austin judge ruled in favor of the program and denied the request of the Commission to shut the program down. The battle was not over for the program though. The Austin trial allowed KIDS of El Paso to remain open, until an administrative hearing was completed to address the issue of license revocation. The hearing officer could then recommend to uphold, deny, amend the June 2 revocation recommendation. KIDS of El Paso would then have the right to appeal through the civil courts and could continue to operate until all civil and legal measures were exhausted.

January 1989 an administrative hearing was held that determined the program could stay open with a suspended license and on probation for two years.

June 1989, the Texas Commission on Alcohol and Drug Abuse agreed to reinstate KIDS operating license for one year, after recommending changes in the way the program is run.  


After June of 1989, KIDS went from being the front page headline story to being virtually unheard of in the media.  There were no new allegations against the program and TCADA retreated from  a once aggressive quest to revoke KIDS' license to operate.  It wasn't until October 9, 1989, that KIDS announced that they would be filing for bankruptcy.  Most teens that were enrolled in the program at the time of closure were sent to one of the other KIDS facilities.  Other KIDS families decided that they would be unable or unwilling to be involved with programs in Salt Lake City, Utah, Yorba Linda, California, or in New Jersey and they "pulled" their children from the program against clinical advice.

 
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