Documentation Obtained

We're pleased to announce that just this week we were able to obtain a wealth of documentation from inside Rainbow Of Hope. Many of these documents are critical to our cause in that we can now prepare to show that some of the actions of Rainbow Of Hope management and staff directly conflict with written in-house and agency policies.

Some of the documents we've obtained include:

• Crisis Plans
• Outlines For Therapy
• The Administrative & Clinical Manual
• Numerous in-house Memorandums (including a 12-22-08 "Incident Report - Write Up") that has spawned the interest of the New Jersey Board of Labor and outside consultants.
• Numerous interoffice Memorandums issued by Kevin Cook and Lisa Polite. Copies are being turned over to the New Jersey Board of Labor and outside consultants.
• The Rainbow Of Hope/Cape Counseling Services Employee Handbook.
• The Rainbow Of Hope Consumer Handbook.

The above mentioned documents are items of interest to attorneys and various agencies supporting us. The remainder of the documentation in our possession has not yet been reviewed for its significance. We will continue to disclose the documentation once each piece is deemed pertinent to our case.

Let's begin for now by examining these little gems from the Consumer Handbook. Here's the verbatim text from pages 29 and 30. Have any other parents experienced contradictions with the below information?? We'll illustrate them for you in bold text.

PARENT/GUARDIAN INFORMATION SHEET

Rainbow of Hope is licensed by the Division of Mental Health Services and must comply with all applicable provisions in the regulations set forth by the Division. A current copy of the appropriate chapter must be available at all times for review by parent/legal guardian of the consumer youth as well as any department reports reviewing program compliance with this chapter. In order to receive a copy of this chapter please contact: The Office of Children's Services, Division of Mental Health Services, CN 727, Trenton, New Jersey 08625-0727.

* It's time we demand to see this.

Parent(s)Legal Guardian(s) have the right to discuss any questions or concerns about policies, requirements, provisions or alleged violations with the Program Manager.

* Numerous attempts to do so have resulted in telephone calls that are never returned by Kevin Cook or Lisa Polite.

If the parent/guardian believe or suspect that the group home is in violation of any provision of this chapter, they may report such alleged violations to the Division of Mental Health Services and also to the Division of Youth and Family Services.

* And such is the only recourse.

Upon request, the parent/guardian may review any Inspection Violation and Complaint Reports on the group home as well as any letters of enforcement or other actions taken against the group home during the previous two (2) years.

* We have exercised this right.

A copy of the Consumer's Behavior Management Policy, Search and Seizure Policy, Visitation Policy, Communication Policy, Grievance Procedure and a description of the religious practices, including a statement that the consumer has the right to practice his/her religion is included in the Parent/Guardian Handbook.

* We will examine the "Search and Seizure" policy later here as it includes police-state style "pat-downs" of our children as carried out by staff in front of two parents. However, we will examine the specific conditions under which such a frisk search can be conducted. We will also discuss the statement that the consumer has the right to practice his/her religion. We understand that the children-residents are denied this right as "there's no room in the Rainbow budget to put an extra staff member on the schedule to take the kids to church."

If for any reason a parent/guardian or any person has reasonable cause to believe that a consumer residing in the group home has been or is being subjected to any form of hitting, corporal punishment, abusive language, ridicule or harsh humiliating or frightening treatment, or any other kind of child abuse, neglect or exploitation by any person whether working at the group home or not, is required by state law to report such allegations tot (sic) he (sic) DYFS office of Child Abuse Control TOLL FREE at -1-800-792-8610 or any local DYFS district office immediately. You may secure information about the prevention and reporting of child abuse and neglect by contacting your local DYFS district office; would be happy to provide you with the number.

* Abusive language - we have documentation and testimony from witnesses that the Rainbow Of Hope staff has used abusive language towards the children-residents.

* Ridicule - we have documentation and testimony from witnesses that the Rainbow Of Hope staff have called the children-residents "babies" when our kids are in crisis.

* Humiliating Treatment - When a child-resident receives a "Blizzard" he is made to perform "Community Service". "Community Service" is a task judges impose on criminals. How is this supposed to make our children feel? What's next at Rainbow Of Hope? Chain-gangs?

Must secure written permission for the youth's parent/guardian(s) before the youth may become involved in fundraising, publicity or audiovisual activities related to the group home or Agency.

* Audiovisual - The children signed no such statements authorizing the photographs taken of them during a recent in-house Fashion Show at Rainbow Of Hope. Although manager Kevin Cook strictly ordered that his staff and the parents DO NOT take photographs, he said nothing whatsoever as the agency psychiatrist snapped photo after photo of the children-residents.

A visitation schedule will be developed for parents(s)legal guardian(s) and youth in compliance with regulations set forth in this chapter.

RESIDENT'S CHORE CHECK PROTOCOL

(from page 30)

1. Chore checks are earned based upon appropriate completion of assigned chores. Residents may earn increased allowances for completion of extra chores assigned by the staff.
2. The amount of the chore check will vary depending on the Level earned by each Resident.
3. If a resident refuses the chore he/she is assigned, another resident can do the chore and be paid for it. If a resident would like to do an extra chore he/she can but will be given extra points for doing so.
4. All allowances are distributed unconditionally upon the completion of all chores every Friday evening. If staff permits, residents can utilize their Friday privileges.
5. Deductions from resident's chore check shall only be for intentional damage done by that resident. This restitution payment shall never exceed fifty (50%) percent of a resident's weekly allowance.
6. If a resident fails to complete the assigned chore on any given night the resident will:

• Weekly allowances will be held in escrow until the resident resumes their chore.

The problem with the above policy is Item #4. How many times have parents picked up our children-residents on Friday evenings or on Saturdays only to learn the kids DID NOT receive their Friday chore check payments??

But this isn't as bad as another statement contained in Item #4. This policy clearly states: "All allowances are distributed unconditionally..."

Then what on earth we ask, gives manager Kevin Cook the right to violate this policy by withholding the earned wages of one particular child? If there IS a reason then this policy should have been amended to reflect this decision PRIOR to it being enacted. This singles out one particular child-resident and is heinous.

This is just the beginning of our examination into the blatant violations of policies by Rainbow Of Hope management and staff.

Consumer Bill Of Rights

Rainbow Of Hope has published a "Bill Of Rights" for its children-residents. These entitlements are inherent rights for all children while residing at the group home facility.

Let's begin with #13. Has anyone actually read this?? It states: "As a resident of Rainbow Of Hope, you have the right to receive the highest degree of professional treatment without discrimination as to race, color, creed, religion, gender, national origin, age, disability, marital or veteran status, sexual orientation or any other legally protected status."

The above is very good. But veteran status?? I don't know about anyone else, but I'm personally grateful to all the 13 year old ex-Marines residing at Rainbow Of Hope! Perhaps Rainbow Of Hope should spend less time parroting blanket statements and curtail its policies to fit the appropriate requirements of the program.

Now let's examine #17 which is perhaps the most confusing.

This one states: As a resident of Rainbow Of Hope you have the right to receive uncensored mail and unmonitored telephone calls.

But so much for this inherent right - so much for the "Consumer Bill Of Rights" if a child-resident is suspended from school. Under this policy, just 10 pages later in the booklet it clearly states: "If you are suspended from school, the following goes into effect from the moment we receive the call informing us of the suspension:

1. Absolutely no telephone calls made or received. Exceptions would be made to allow a call to a DYFS Case Worker. Staff discretion will apply to telephone calls to family.

So which is it here? "Absolutely no telephone calls made or received" like the policy states? Or is it: "Calls to DYFS Case Workers and staff discretion to allow calls to family" like the very next sentence states? Hmmm.... see where this gets contradictory?

Then again, how can telephone calls be denied at all when the very Consumer Bill Of Rights entitles child-residents to them? And who in God's name does Rainbow Of Hope Staff think they are in having the discretion to decide whether or not a child can call his or her parent? Our children should have unlimited access to us as parents 24/7.

Okay, with this in mind let's skip ahead a few pages in the Handbook to the Children Residential Services Protocol for Consumers.

Mail and Telephone Communication

TELEPHONE:

The group home shall adhere to the following policies for the use of the telephone by consumers:

1. The group home shall permit access to a telephone by the consumer for telephone conversations with the Division's Case Managers or other professional personnel involved in the consumer's treatment planning; and for which the consumer shall not be charged for the cost of telephone calls.
2. The group home shall provide adequate privacy for these telephone calls and all other calls but may located (sic) the telephone in an area where a staff member can observe the consumer's reactions.
3. The group home shall permit reasonable access to the telephone by the consumer for telephone conversations wit (sic) his/her parent/guardian. The group home may impose restrictions on these conversations if the following conditions exist:

A. The group home is complying with a court order in which limits the consumer's contact
with his/her parent/guardian. When the group home imposes restrictions on a
consumer's access to telephone conversations with his/her parent/guardian the group
home shall:

a. Explain the nature of any restrictions to the consumer, and
b. Document the rationale for imposing restrictions in the consumer's record.

4. The group home shall develop and maintain on file a written policy governing the use of the
telephone by consumers when they communicate with friends. The group home may
impose one or more of the following conditions:

A. Restricting the time and duration of the telephone call(s);
B. Requiring the consumer to pay for telephone calls with friends;
C. Denying the consumer use of the telephone for infractions(s) of house rules; and
D. Requesting the consumer to identify telephone callers.

5. Pagers/beepers are prohibited.

So again I ask... which is it? Is it the statement on page 2 of the Handbook in the Consumer Bill Of Rights that openly states: "As a Resident of Rainbow Of Hope you have the right to receive uncensored mail and unmonitored telephone calls"... or is it all these cute little hidden contradictory restrictions that can be imposed randomly, at will and at "staff discretion"??

The last entry for this post is a closer look at Rainbow Of Hope's Search And Seizure Protocol.

Up until we received this document we believed Rainbow Of Hope didn't possess the right to frisk-search our kids. However, it would seem that they do have the right. But... only under select conditions which were obviously NOT the case when Bridget Perez frisk-searched a child in front of two parents.

The protocol states: "The group home shall permit frisk searches (surface searches of outer clothing) of a consumer only where there is reasonable suspicion that the consumer is in possession of a weapon."

Did Ms. Perez believe this child-resident had a weapon? Did Ms. Perez document her suspicion in the daily Progress Note written for that child? We know and can prove there was no such note written in the child-resident's Progress Note of any such suspicion. And, if Ms. Perez believed this child-resident was concealing a weapon, why weren't managers notified?

The protocol also states: The group home shall ensure that any frisk search is conducted:

1. In the present (sic) of two staff members; and
2. Only by staff members of the same sex as the consumer. If same sex staff members are not available, staff members shall provide one-to-one supervision of the consumer until the search can be properly conducted.

Well, well... Wayne Wilson was working that day but Ms. Perez didn't call him to perform the search of a male child-resident. And there were not two staff members present when Ms. Perez put her hands on this male child-resident. Why didn't Ms. Perez provide "one-to-one supervision of the consumer until the search could be properly conducted"?

I suppose the real question here is, why didn't Ms. Perez follow proper protocol, document her suspicions that the child-resident was concealing a weapon and why didn't she report this to a manager?