State fines care center after autistic boy's death - Charlotte (NC) Obsever

Facility violated rules, investigators say

Gail Smith-Arrants

N.C. officials have fined a Cabarrus County care center $12,000 after a boy who had autism drowned when he wandered away.

The center violated rules and put residents' safety in "immediate and serious jeopardy," investigators found. They declined to release details of the incident, citing a federal rule that prohibits release for up to 90 days.

The $12,000 fine against RHA Howell Care Center-Clear Creek is a "Type A" penalty, the most serious the state can assess, said Jim Jones, a spokesman for the state Department of Health and Human Services.

"There's no way to put a price on a life, but it's a way to penalize a facility for failing to do what it was supposed to," Jones said. "The facility needed to take immediate corrective action, as well as put a system in place to prevent this from happening again."

The state report, released Monday afternoon, also said the center could be dropped from the federal Medicaid program unless it corrects the deficiencies within two weeks.

On Jan. 27, 10-year-old Brandon Parrish Johnson left the center on the Cabarrus-Mecklenburg county line. He was found later in a nearby creek.

In a preliminary report, state medical examiners determined the cause of death was accidental drowning and said Brandon's autism was a contributing factor.

In a letter to the center, state regulators said the facility violated state laws on the rights of clients. It also said the center violated federal rules governing intermediate-care facilities for people with mental retardation.

The regulation it cited says a facility "must develop and implement written policies and procedures that prohibit mistreatment, neglect or abuse of the client."

RHA Howell officials were unavailable for comment. Center officials met with parents Thursday to discuss the death and precautions taken since then to keep residents safe.