fiveoaksdfps

TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

COMMISSIONERAnne Heiligenstein

August 16, 2010

Randall BryantP O Box 1249New Ulm, TX 78950

Operation #809907Five Oaks Achievement Center

Investigation # 1202055

Dear Randall Bryant:

Your operation, Five Oaks Achievement Center located at 7674 Pechacek Road, New Ulm, TX 78950, was recently investigated because the Department received a report concerning possible deficiency or deficiencies of the Minimum Standard Rules or the law. This was a self-report made on 06/18/2010 in compliance with the minimum standards.

Specifically, the report states the following that led to this investigation:

Resident in care was admitted into the hospital due to wound on their leg becoming infected.

The applicable laws, administrative rules or Minimum Standard rules have been evaluated and findings are below:

Child-Care Licensing1425 E 40TH ST, HOUSTON, TX 77022

Randall BryantAugust 16, 2010

InspectionStart Date

Standard/RuleDescription Specifics Deficient? Comply By TA

Given

06/24/2010

748.685(a)(4)Caregiver responsibility -

providing the level of supervision necessary to ensure each child's safety

and well-being

A child in care was not properly supervised by staff as a result the child was able to gain access to a brick and attempted to use the brick as a weapon to assault another resident in care. The child received a wound on their knee after the resident climbed the porch railing and fell.

Y 08/30/2010 N



06/24/2010

748.507(1)Employee general

responsibilities-Demonstrate competency, prudent judgment, self-control in presence of children and

when performing assigned tasks

Direct Care Staff and Medical Staff did not demonstrate prudent judgment when a resident was not provided with medical attention by medical professional for a wound on the child's knee that clearly showed swelling and signs of infection for several weeks before the child was seen by a medical doctor and immediately admitted into the hospital for a severe infection,

Y 07/14/2010 N

06/24/2010

748.1531(a)(2)Medical care-A child in

care must receive medical care as needed for injury,

illness, and pain

The resident in care was not provided medical care for several weeks and was not immediately seen by a medical professional for an open cut that became seriously infected. The resident was hospitalized due to the infection.

Y 07/14/2010 N



748.1581(a)Communicable

Diseases-Notify the Department of State Health Services of

reportable communicable diseases

N Y

748.3021Tools-Dangerous tools & equipment stored so they

are inaccessible to children; children use these with caregiver

supervision as appropriate

A child in care was able to gain access to a brick. The facility left a stack of bricks accessible as a result a child in care was able to gain access to a brick and use the brick as a weapon to harm another child in care.

Y 08/30/2010 N

The Technical Assistance provided for these standards described below:

Standard/RuleDescription Technical Assistance Given

748.1581(a)Communicable

Diseases-Notify the Department of State Health

Services of reportable communicable diseases

Technical assistance is being given to the facility to inform the facility to report staph infection outbreaks. Medical

personnel reported that several residents have or had a staph infection. Staph infections are considered a

communicable disease.

If an inspection was conducted as part of this investigation, you received an inspection report form.

Failure to maintain compliance on an ongoing basis may result in remedial actions.

If you disagree with the actions or decisions of the licensing staff, you may request an administrative review within 15 days of the receipt of this letter by writing Peggy Aldredge – RCCL, P.O Box 16017 Houston, TX 77222-6017 MC 173-2



If you have any other questions or need additional information, please contact me.

Sincerely,

SHAUNQUETTE GARRETTLicensing Representative(713) 696-3639

cc: Rachel Blanks, RCCL Supervisor


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