Casa Pacifica Accuses State of Violating Own Rules

Defending itself against state charges, Casa Pacifica accused state regulators of violating their own rules and ignoring the shelter’s efforts to correct its problems.

In a response submitted Wednesday, Casa Pacifica officials did not dispute the 63 citations that the state has filed since the facility opened in 1994, said the shelter’s attorney, Linda Kollar.

But they took issue with the way the State Department of Social Services conducted the investigation, which led to a recommendation that the facility’s license to care for abused and neglected children be revoked.

“We can’t challenge any of the citations factually right now, but we can dispute that the department has failed to follow their own procedures and has no legal grounds to move forward,” Kollar said.

She charged that the state failed to acknowledge Casa Pacifica’s corrective plans in its legal documents, presented citations still under investigation and never responded to any of the facility’s citation appeals.

Beyond the investigation, some Casa Pacifica supporters say the state needs to reevaluate the way it licenses the Camarillo center, a hybrid of several programs. That could include allowing certain portions of the facility to be locked.

“Casa Pacifica has served as a lightning rod for change, and the state really needs to look at the level of service and security these kids need so that a safe environment exists for them,” said Barbara Fitzgerald, acting director of Ventura County’s Public Social Services Agency. “Perhaps legislation is needed to change this.”

Even though the state may opt to enter into a negotiated settlement, Kollar says she is preparing for an administrative hearing, which will be scheduled within 90 days.

Stopping short of closing the facility May 29, the state department is recommending revoking its license.

In an 80-page report, the department cited lack of care and supervision, and charged that “because of its ‘no-reject, no-eject policy,’ Casa Pacifica has repeatedly accepted and retained children who are out of control . . . [and] resorted to constant and excessive use of physical restraints, many of which have resulted in injuries to the children.”

Kollar said Casa Pacifica has complied with the state’s licensing agency, Community Care Licensing, and filed correction plans for all violations. The licensing agency has approved those plans, she added.

“It seems almost draconian that we’re now faced with [the licensing action] on the heels of having done everything the department has required of us,” Kollar said.

But officials from the Department of Social Services challenge Casa Pacifica’s claims and say they are justified in their actions.

Casa Pacifica’s corrective plans were not included in the state’s legal papers because they are not part of its legal process, said Martha Lopez, deputy director of the state’s licensing agency.

And all citations that were included “have been substantiated, and we are prepared to prove it in a hearing,” Lopez said. There are, however, “some appeals that we have not formally responded to and the [licensing agency] is currently working on them and will get them out today.”

Lopez said the more important issue, however, is that if Casa Pacifica set up a no-eject, no-reject policy, then the facility needs to be staffed accordingly.

Some state and local officials question whether the present regulations are applicable to Casa Pacifica. The facility is licensed as a group home with six beds or more. But it regularly houses as many as 78 children, some of them removed from their homes in emergency situations, some of them in a longer-term living arrangement.

“The state knew Casa Pacifica would be taking youngsters no one wants,” said state Sen. Cathie Wright (R-Simi Valley), who has been an advocate for Casa Pacifica.

The state needs to create a unique type of license and regulations for places like Casa Pacifica “because they are not just an ordinary group home,” she said.