North Carolina Says Care Facility’s Failure To Properly Supervise 10-Year-Old Autistic Boy Led To Drowning Death

February 14, 2008, by Michael A. DeMayo

North Carolina Officials say that the RHA Howell Center-Clear Creek failed to properly supervise 10-year-old Brandon Parrish Johnson, an autistic boy that they had been warned would run off if he was not closely watched by staffers.

On January 27, Brandon did just that and drowned. According to the state report, Brandon, a resident at the facility, was being moved 100 feet from the main building to the chapel, which has an exit door that leads to the parking lot.

Upon entering the chapel with a staffer, Brandon was instructed to remove his coat. The staffer that took Brandon to the chapel handed supervision of the boy over to another staffer.

A supervisor then told the staffers in the chapel to take their charges to the classrooms. About 20 minutes after giving this direction, the supervisor realized that Brandon was not in the classroom. The staffer also did not know where Brandon had gone.

Staffers searched the premise and surveillance tapes. One video tape recorded Brandon leaving the chapel exit and running through the parking lot to chase a small animal. He was found unconscious in a small pond. Care facility members were unable to revive the boy.

The state’s report says that RHA Howell Center-Clear Creek did not have procedures to allow staffers to properly supervise all residents as they were being moved around to the center’s different areas. The report called this failure “institutional negligence.” The report also noted that staffers had been aware that Brandon was considered a runner and required ongoing, close supervision—especially when he is being transported from one area to another.

Since the accident, the care center now reportedly keeps runners away from exit doors. North Carolina fined RHA Howell Center-Clear Creek $12,000 because it had placed the safety of residents in “immediate and serious jeopardy.” The center is in Cabarrus County and is located on the Cabarrus-Mecklenburg line.

Nursing homes and residential care facilities are supposed to provide patients with the proper and necessary care and supervision that their conditions require. When abuse or neglect occurs, and a patient is injured or dies, a care facility can be held legally liable.

Children staying at care facilities—especially those with special needs—can be especially susceptible to injuries or death if left unattended by staff members.

Our North Carolina and South Carolina personal injury law firm has successfully handled many residential care abuse and neglect cases for victims of all ages. We also represent families in cases where the neglect and abuse incidents involved injuries or the wrongful death of a minor.

Center knew boy was ‘runner‘, Charlotte.com, February 13, 2008

Related Web Resources:

State begins probe at disability facility, Charlotte.com, January 29, 2008

What is Autism, Autism Research Institute