Respite home fined, admissions suspended after child's death
WILMINGTON, NC (WECT) – A group home where a developmentally disabled elementary school student in New Hanover County lived has been fined $10,000 by the NC Department of Health and Human Services after an investigation into the circumstances surrounding the child's death. DHHS also ordered Cape Fear Respite Home to suspend all admissions to the facility effective immediately in a certified letter dated March 23rd.
Jamia Batts, 8, died on the last day of February this year after needing medical attention once she arrived at Rachel Freeman School of Engineering. When emergency responders arrived, the school nurse was performing CPR on the girl in her wheelchair. Jamia was taken to New Hanover Regional Medical Center where she was pronounced dead.
Shantelle Colvin, Jamia's mother, told WECT.com earlier in March that Jamia suffered from cerebral palsy. She was told Jamia had a seizure in her wheelchair, vomited and probably choked on her own vomit.
The findings from DHHS shed some more light into what actually took place that morning. The 38-page investigative report reveals that school officials had been making note of Jamia's apparent discomfort with her wheelchair since early in February. On February 16th, repair workers from the wheelchair's manufacturer removed a pummel, which is a metal part that sits between the legs, in an effort to increase her comfort. On February 21st, school officials reminded the facility to "keep the lap belt snug on her legs and that her hips are back on the chair so she isn't sliding forward."
Jamia boarded the bus shortly before 7 a.m. and arrived to the school just after 8 a.m. The investigative report from the Wilmington Police on February 29th states the bus driver noted that Jamia was foaming at the mouth once they arrived at the school.
"After speaking more with Bus Driver and Teacher's Assistant, it became clear that the victim was not properly secured in her wheelchair. There is a chest strap and a leg strap. The chest strap keeps the victim from falling out of the chair, and the leg strap prevents the victim from sliding down in the chair. Both Bus Driver and Teacher's Assistant state the leg straps were not used today. They stated that they had repeatedly told the group home on previous occasions that the leg straps need to be used, but they still were not used," the police department's investigative report states.
The police investigative report includes information from a staffer of the group home who said "that aside from her securing Jamia to the wheelchair using two crossing chest belt restraints, no additional restraints were used." However, in an interview with DHHS a few days later, the staffer said they used all the straps. Another staffer indicated to DHHS that employees have had no training on securing clients in wheelchairs.
Based on the DHHS investigation, the respite home agreed to staff each shift with two employees and increase training for all employees, including for wheelchair safety.
Cape Fear Respite Home and RHA Health Services released the following statement Monday afternoon.
" Cape Fear Respite Home and RHA Health Services are surprised and disappointed at the results of the DHHS investigation and recommendations following the tragic death of a New Hanover County elementary school student on a county school bus.
Both Cape Fear Respite Home and RHA Health Services dispute the findings and plan to appeal to DHHS. Some of the information received and used by DHHS includes many inaccuracies and false information. Both Cape Fear Respite and RHA will provide all necessary information to DHHS to correct those falsehoods during the appeal process.
For many years, Cape Fear Respite Home and RHA Health Services has made it the top priority to provide the highest quality of care to the people it serves. This means making sure we have highly trained, caring and compassionate staff and work with all state and local agencies to assure that we meet or exceed all requirements to best serve those in our care.
Cape Fear Respite Home and RHA Health Services provides a variety of services for adults and children with developmental disabilities and need for supported living. The company is headquartered in Asheville, NC.
Employees of RHA Health Services meet and exceed guidelines as dictated by the company's Code of Conduct. We approach everything we do with integrity and respect for the individuals we support."
RHA Health Services has twenty days to appeal the action from DHHS.
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