Kids’ broken bones spur suit against home

EUGENE, Ore. – Guardians of three children who suffered broken bones have sued a Eugene-area treatment home for severely abused and disturbed children.

Plaintiffs are seeking $200,000 from the Jasper Mountain treatment home for each child for suffering, plus medical expenses.

Jasper Mountain Executive Director Dave Ziegler, meanwhile, is sparring with child welfare officials, accusing the government of overstepping its authority.

State officials say they’re just doing their job.

“Our interest remains that (Jasper Mountain) work with the children in a way that’s safe for children, and that children are not being injured by program staff,” said Madeline Olson, a top state Addictions and Mental Health Division official.

State records show that the problems at Jasper Mountain began when children were injured while staff members were trying to calm them down.

In December 2005, an 11-year-old child suffered a broken ankle when he was threatening younger children, according to the state human services agency.

A staff member asked the child to move away. The child took one step onto a nearby stair, dropped his weight and broke his ankle, according to the agency.

In March 2006, a 12-year-old girl’s upper arm was broken in two places after a staff member placed her arm behind her back and held it there to restrict her movements.

And in August 2006, a 12-year-old boy suffered a broken wrist after staff members delivered the news that his mother had died, according to Jasper Mountain officials. The boy ran out the door of the residence, turned and braced the door closed with his arms. When staff chased after him and pushed on the door, the force snapped the boy’s wrist.

All three children eventually left Jasper Mountain, said their attorney, David Paul of Portland, who filed the lawsuit.

“I’m not going to necessarily prove they were abused, but I’m going to prove they weren’t given appropriate care. And that’s the standard here, especially when you’re taking care of children,” Paul said.

But Ziegler said it’s really the promise of money that’s driving the lawsuit. Paul “stepped forward and talked the families of the kids into … this,” he said.

The three incidents within a nine-month period sparked a wave of investigations by five state and federal agencies. Investigators criticized Jasper Mountain for its use of containment holds, saying they should be used in emergencies only.

Still, the state’s Child Protective Services ruled each allegation of abuse over the broken bones was “unfounded.”

Ziegler is a nationally known proponent of using restraining holds for therapeutic purposes.

“There are therapeutic benefits to drawing a line for kids and not letting violent kids get violent to themselves and get violent to others and, at times, that requires physical direction,” he said.