Newport Academy

Non-compliance, DBHDS human rights inspection : 12VAC35-115-230. A. (3a) - Providers shall collect, maintain, and report the following information concerning abuse, neglect, and exploitation: 3. The ...

• The Human Rights Advocate identified a violation of 12VAC35-115-230(A)(3) for CHRIS A#20250027. • Investigation findings were due in CHRIS on 5/19/2026. The Investigations Findings section on CHRIS indicates that the investigation findings were entered on 1/2/2026. • Provider failed to provide a written report of the results of the investigation of neglect via the department's web-based reporting application within 10 working days.

Non-compliance, DBHDS human rights inspection : 12VAC35-115-50. B. (2) In receiving all services, each individual has the right to: 2. Be protected from harm including abuse, neglect, and exploitation.

"Neglect" means failure by a person, program, or facility operated, licensed, or funded by the department, excluding those operated by the Department of Corrections, responsible for providing services to do so, including nourishment, treatment, care, goods, or services necessary to the health, safety, or welfare of an individual receiving care or treatment for mental illness, intellectual disability, or substance abuse. • Due to a preponderance of evidence, including witness statements, the Provider substantiated a violation of 12VAC35-115-50(B)2. • It was reported that Individual #1 disclosed that during hygiene time on the previous evening, a peer entered their bedroom and grabbed their leg, attempting to drag them to the shower and telling them to get in. Individual #1 reported that the peer licked their neck and repeatedly made sexual comments toward them. Per the investigation, it was confirmed that Employee #1 and Employee #2 did not separate Individual #1 from the peer until the next day. • Individual #1's right to be free of neglect was violated.

Non-compliance, DBHDS human rights inspection : 12VAC35-115-230. A. (3a) - Providers shall collect, maintain, and report the following information concerning abuse, neglect, and exploitation: 3. The ...

• The Human Rights Advocate identified a violation of 12VAC35-115-230(A)(3)(a) for CHRIS A#20250023. • ·Investigation findings were due in CHRIS on 4/9/2025. The Investigations Findings section on CHRISindicates that the investigation findings have not been entered, as of 2/4/2026. • Provider failed to provide a written report of the results of the investigation of neglect via the department's web-based reporting application within 10 working days.

Non-compliance, DBHDS human rights inspection : 12VAC35-115-230. A. (3a) - Providers shall collect, maintain, and report the following information concerning abuse, neglect, and exploitation: 3. The ...

• The Human Rights Advocate identified a violation of 12VAC35-115-230(A)(3)(a). • Investigation findings were due in CHRIS on 3/31/2025. The Investigations Findings section on CHRIS indicates that the investigation findings have not been entered, as of 2/4/2026. • Provider failed to provide a written report of the results of the investigation of neglect via the department's web-based reporting application within 10 working days.

Non-compliance, DBHDS human rights inspection : 12VAC35-115-50. B. (2) In receiving all services, each individual has the right to: 2. Be protected from harm including abuse, neglect, and exploitation.

"Neglect" means failure by a person, program, or facility operated, licensed, or funded by the department, excluding those operated by the Department of Corrections, responsible for providing services to do so, including nourishment, treatment, care, goods, or services necessary to the health, safety, or welfare of an individual receiving care or treatment for mental illness, intellectual disability, or substance abuse. • Due to a preponderance of evidence, including witness statements, staff admissions, and failure to follow policy, the provider substantiated A#20240045. • Employee #1, Employee #2, and Employee #3 did not successfully stop Individual #1 from ingesting an unknown amount of pills from the Med room. The Med room was left unlocked and accessible to Individual #1. Additionally, it was determined that the CPI hold implemented by staff was not secure enough. • Individual #1's right to be free of neglect was violated.

Non-compliance, systemic, DBHDS death or serious incident inspection : 12VAC35-46-1070. C. The provider shall notify the department within 24 hours of any serious illness or injury, any death of a resident, and all other ...

Newport Academy- Creekside This regulation was NOT MET (SYSTEMIC) as evidenced by: CHRIS Number: 20240133 Date/Time of Discover: 10/28/2024 7:26PM Enter Date/Time: 10/30/2024 5:32AM Reporting Delay: 10:6:00 Location Name: Newport Academy- Creekside Note: As this is provider's second step in the Progressive Citation Cycle for the same regulation within a one-year period, measured on a rolling basis, provider has demonstrated systemic noncompliance. Provider was previously cited for late reporting • The first citation was issued on 3/26/24 and is now a non- compliant.

Non-compliance, DBHDS human rights inspection : 12VAC35-115-230. A. (3a) - Providers shall collect, maintain, and report the following information concerning abuse, neglect, and exploitation: 3. The ...

• Investigation findings were due in CHRIS on 7/18/2024. The Investigations Findings section on CHRIS indicates that the investigation findings were entered in on 9/17/2024. · • Provider failed to report their investigation findings within 10 working days.

Non-compliance, DBHDS human rights inspection : 12VAC35-115-50. B. (2) In receiving all services, each individual has the right to: 2. Be protected from harm including abuse, neglect, and exploitation.

"Neglect" means failure by a person, program, or facility operated, licensed, or funded by the department, excluding those operated by the Department of Corrections, responsible for providing services to do so, including nourishment, treatment, care, goods, or services necessary to the health, safety, or welfare of an individual receiving care or treatment for mental illness, intellectual disability, or substance abuse. • Due to a preponderance of evidence, including witness statements and staff admissions, the provider has substantiated A#20240026. • It was reported that Individual #1 eloped from group home after watching another peer elope. Staff intervention was delayed due to facility van being blocked in by other parked cars. • As a result, Individual #1 right to be free of neglect was violated.

Non-compliance, DBHDS human rights inspection : 12VAC35-115-230. A. (1) Providers shall collect, maintain, and report the following information concerning abuse, neglect, and exploitation: 1. The director of ...

• Investigation findings were due in CHRIS on 7/15/2024. The Investigations Findings section on CHRIS indicates that the investigation findings were entered in on 9/17/2024. • Provider failed to report their investigation findings on time.

Non-compliance, DBHDS human rights inspection : 12VAC35-115-50. B. (2) In receiving all services, each individual has the right to: 2. Be protected from harm including abuse, neglect, and exploitation.

"Neglect" means failure by a person, program, or facility operated, licensed, or funded by the department, excluding those operated by the Department of Corrections, responsible for providing services to do so, including nourishment, treatment, care, goods, or services necessary to the health, safety, or welfare of an individual receiving care or treatment for mental illness, intellectual disability, or substance abuse. • Due to a preponderance of evidence, including failure to follow policy, the Provider has substantiated A#20240025. • Employee #1 and Employee #2 did not complete mandatory staff rounds from 11:01pm-3:15am. Individual #1 cut themselves with a bread tie and had attempted to strangle themselves with suicidal intent the day prior. • The Provider did not protect Individual #1 from harm.

Non-compliance, DBHDS human rights inspection : 12VAC35-115-230. A. (3a) - Providers shall collect, maintain, and report the following information concerning abuse, neglect, and exploitation: 3. The ...

• The investigating authority shall provide a written report of the results of the investigation of abuse or neglect via the department's web-based reporting application within 10 working days from the date the investigation began unless an extension has been granted (see 12VAC35-115-175). This report shall include: a. Whether abuse, neglect, or exploitation occurred, b. The type of abuse; and c. Whether the act resulted in physical or psychological injury. • Investigation findings were due in CHRIS on 3/26/24. The Investigations Findings section on CHRIS indicates that the investigation findings were entered in on 6/5/2024. · Provider failed to report their investigation findings on time.

Non-compliance, DBHDS human rights inspection : 12VAC35-115-50. B. (2) In receiving all services, each individual has the right to: 2. Be protected from harm including abuse, neglect, and exploitation.

"Neglect" means failure by a person, program, or facility operated, licensed, or funded by the department, excluding those operated by the Department of Corrections, responsible for providing services to do so, including nourishment, treatment, care, goods, or services necessary to the health, safety, or welfare of an individual receiving care or treatment for mental illness, intellectual disability, or substance abuse. • By a preponderance of evidence, including witness statements, staff admissions, failure to follow behavior/management plan, and failure to follow policy, the Provider has substantiated A#20240007. • Individual #1, who should have been on 1:1 supervision, barricaded their bedroom door with furniture and jumped out of their second story bedroom, injuring their leg and hitting their head. • The Provider failed to protect Individual #1 from harm.

Non-compliance, DBHDS human rights inspection : 12VAC35-115-110. A. Each individual is entitled to be completely free from any unnecessary use of seclusion, restraint, or time out.

"Abuse" means any act or failure to act by an employee or other person responsible for the care of an individual in a facility or program operated, licensed, or funded by the department, excluding those operated by the Department of Corrections, that was performed or was failed to be performed knowingly, recklessly, or intentionally, and that caused or might have caused physical or psychological harm, injury, or death to a person receiving care or treatment for mental illness, intellectual disability, or substance abuse. -Due to a preponderance of evidence, the provider has substantiated C#20230003. -Employee #1 used unauthorized physical restraint while de-escalating self-harm on Individual #1. -The provider failed to protect Individual #1 from harm.

Non-compliance, DBHDS death or serious incident inspection : 12VAC35-46-1070. C. The provider shall notify the department within 24 hours of any serious illness or injury, any death of a resident, and all other ...

CHRIS Number: 20240020 Date/Time of Discover: 03/05/2024 9:29PM Enter Date/Time: 03/07/2024 6:32AM Reporting Delay: 9:3:00 Location Name: Newport Academy- Creekside

Non-compliance, DBHDS human rights inspection : 12VAC35-115-50. B. (2) In receiving all services, each individual has the right to: 2. Be protected from harm including abuse, neglect, and exploitation.

Abuse means any act or failure to act by an employee or other person responsible for the care of an individual in a facility or program operated, licensed, or funded by the department, excluding those operated by the Department of Corrections, that was performed or was failed to be performed knowingly, recklessly, or intentionally, and that caused or might have caused physical or psychological harm, injury, or death to a person receiving care or treatment for mental illness, intellectual disability, or substance abuse. Examples of abuse include acts such as: Use of physical or mechanical restraints on a person that is not in compliance with federal and state laws, regulations, and policies; professionally accepted standards of practice; or the person's individualized services plan; • By a preponderance of the evidence, which included staff admissions and failure to follow policy, the provider substantiated the allegation of abuse in CHRIS report #A20230015. • Per provider's CHRIS report #A20230015, Employee #1 used an inappropriate physical intervention with Individual #1 during a behavioral emergency. • Per provider's CHRIS report #A20230015, Employee #1 failed to follow the provider's prescribed behavior management techniques that Employee #1 was trained on. • Due to Employee #1's failure to follow their prescribed behavior management techniques, Individual #1's right to be free from abuse was violated.

Non-compliance, DBHDS human rights inspection : 12VAC35-115-50. A. Each individual has a right to exercise his legal, civil, and human rights, including constitutional rights, statutory rights, and the ...

• Per provider's CHRIS complaint report C20220020, the provider noted a violation to Individual #1's human rights occurred when Individual #1 became uncomfortable with Employee #1 when Employee #1 began discussing another staff with Individual #1 and then grabbed Individual #1's arm during the conversation to get Individual #1's attention. • Employee #1's actions violated Individual #1's right to be treated with dignity and respect.

Non-compliance, DBHDS human rights inspection : 12VAC35-115-80. A. (1) Each individual is entitled to have all identifying information that a provider maintains or knows about him remain confidential. Each ...

• Per provider's CHRIS complaint report C20220021, the provider noted a violation to Individual #1's human rights occurred when Employee #1 "Face timed" with Employee #1's significant other and asked Individual #1 to join them on the face to face call, to which Individual #1 did. • Employee #1's actions violated Individual #1's right to confidentiality and privacy.

Non-compliance, DBHDS human rights inspection : 12VAC35-115-50. A. Each individual has a right to exercise his legal, civil, and human rights, including constitutional rights, statutory rights, and the ...

• By a preponderance of the evidence outlined in the CHRIS complaint report #20220017, the provider noted a violation to Individual #1's right to be treated with dignity and respect occurred when Employee #1 raised their voice and used profanity towards Individual #1.

Non-compliance, DBHDS death or serious incident inspection : 12VAC35-46-1070. C. The provider shall notify the department within 24 hours of any serious illness or injury, any death of a resident, and all other ...

CHRIS Number: 20210049 Date/Time of Discover: 12/20/2021 11:30AM Enter Date/Time: 12/21/2021 1:40PM Reporting Delay: 2:10:00 Location Name: Newport Academy- Creekside

Non-compliance, DBHDS in-office review : 12VAC35-46-70. Compliance with human rights regulations

• Per provider’s CHRIS complaint report C#20210006, the provider determined a violation of Individual #1’s human rights occurred when Employee #1 laughed at Individual #1’s behavior and said “at least it’s a cute one, I guess it could be worse.” • Per provider’s CHRIS complaint report C#20210006, Employee #1 confirmed that they made this statement in a warm and jokingly way with no mal-intent. • The provider indicated Employee #1’s actions were in violation of Individual #1’s right to be treated with dignity and respect at all times.