COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss SUPERIOR COURT MASSACHUSETTS OFFICE OF CHILD CARE SERVICES % THE DESISTO SCHOOL, Inc., and A. MICHAEL DESISTO, DEPARTMENT OF THE TRIAL COURT CIVIL ACTION NO, 01-5510-E ) > ) Plaintiff, ) ) d > 2 ) 2 ) Defendants, ———____.____) AFFIDAVIT OF KELLY BUCKLEY 1, Kelly Buckley, hereby depose and state as follows: 1. Iam submitting this Affidavit in support of the Office of Child Care Services! action against The DeSisto School, Inc. This affidavit is based upon my own personal knowledge. Tam a Supervisor of the Residential and Placement Licensing Unit at OCCS, In my professional capacity, I visited the DeSisto School as part of OCS’ ongoing licensing activ On November 20, 2001, 1 interviewed a students named Vicki Smith at the Girls Farm. Vicki reported that she is a steward at the school, Stewards are allowed to restrain other students, although they do not receive any training. Vicki also reported ‘that on the farm any student can restrain another ifthe staff needs help. ‘Vicki reported that students are restrained for minor incidents, She stated that she was restrained recently for not getting up out of bed. Two residents were pulling the covers offher, and then held her on her bed. ‘Vicki said that students do not attend classes while they are farmed, and cannot have telephone calls or reccive mail. When students are not on the farm, they are allowed one ten minute call home each week, Vicki also reported that students are still cornered, but it is now called “Renewal.” During renewal, students sit in a chair for 30 minutes, then are taken out for 10 minutes, then sent back to the chair for another 30 minutes.6. On December 14, I visited the Boys" Farm. I saw three boys who had been farmed. ‘Two were farmed because they were not doing their homework, and one boy had ‘been there for several weeks because he had not committed to the program. Staff told mea fourth boy was there, but was in his bedroom because he was sick. The boys were not attending academic classes while they were on the farm. 7. Imet with a new employee, Dave Langston who was hired as @ house parent, Dave told me that he had been shadowing a staff member, Jim Trainor, but had received no specific training or orientation. Dave also stated that because the school was short staffed, Jim Trainor had difficulty finding time to spend with him, 8. Dave told me that he and his wife, who is not an employee of DeSisto, live in an apartment on the second floor of the Boys Dorm, There is no awake overnight staff in the Boys Farm. They are the only adults in the Boys Farm Dorm at night and they sleep during the night. 9. On December 14 1 also visited the Boys’ Dorm. The nine students in thet dorm had called a “retreat.” While on retreat they did not attend classes. There was no time limit to how Jong they would be on retreat, 10. On the second floor of the Boys Dorm were six or seven students who were being “lobbied” for misbehavior, The students were required to remain in the dorm living room, including eating their meals there. The only time they had been outside was when one resident pulled the fire alarm. They could not attend classes and could not ‘communicate with other students, 11, I spoke to a student named Jeff Hastings, who was one of the lobbied students. He reported that for the past two days he had been asking to call his parents and the police, and the staff had not permitted him to meke those telephone cells. Jeff Teported that he wanted to make those telephone calls because he believe he and other students had been abused two nights earlier. Jeff reported that two nights ago he and three other boys in his dorm were misbehaving, and while they were in the bathroom they decided to take showers. Staff members Marcus Pritchett and Jacque DeSisto entered the bathroom and Marcus tumed the water off. Jeff quickly grabbed his clothes. He stated that he was embarrassed to be naked in front of a female staff’ member, Jeff reported that the staff made the two other students who had showered remain naked, sitting on a couch in front of the staff and other students for approximately two minutes until other residents were allowed to get them clothes, Jeff said that after that incident, the staff made the residents stay up until 3:30 in the ‘morning to process the incident. The students were then required to get up at 8:00 AM. 12, Jeff reported that on December 13 a hot breakfast was delivered to the dorm at 8:00 AM, but students were not allowed to eat until 10:00 A.M. The food was not reheated and was served cold,13, Jeff stated that residents are still restraining other residents, and that staff ask them to do so. Jeff stated that Steve Saco was dragged out of bed and then restrained on the moming of December 13, when he refused to get out of bed. 14, Jeff was restrained twice on December 13, Staff Marcus Pritchett restrained him because he was sitting in a chair and leaning the chair against the wall. Staff Robert Boyd restrained Jeff for about 30 minutes because he would not stop writing on the walls. 15, Jeff said that on the moming of December 14, he calmly asked to make a telephone call and staff refused to let him. Shortly before OCCS staff walked upstairs, he walked out of the living room where the students were being lobbied and staff Raymond Han pushed him from behind, 16, After my co-worker Tim Keane observed staff and students restraining Jeff Hastings ‘multiple times, we went to speak to Executive Director Frank McNear, Mr, McNear stated that Jeff could not call his mother, When we asked him why, Mr. McNear stated that it was not clinially appropriate. Mr. McNear admitted that no specific therapist had said it was not clinically appropriate for Jeff to call him mother, but that it was the philosophy of the school that when a resident is on intensive or farmed itis not therapeutic for the resident to eall his or her parents. 17, Tinterviewed another student from the Boys Dorm named Simon Makuchowski, ‘Simon reported that in September 2001 ke ran away from the school and was gone over 24 hours. Consequently, the school gave his clothes away to Goodwill. Simon had one outfit, and was required to borrow other clothes while he works to buy back some clothing. Since September, Simon has succeeded in buying back some socks and some underwear, 18, Simon reported that students have to pay a fine if they swear. Within the past month, he said, one student said a swear word, and the entire group had to sit in silence for five hours until the student asked another student for a dollar to pay his fine, Student Steve Saco reported the same incident to me, 19. Simon reported that shortly before OCS entered the dorm, he witnessed Han push . Jeff from behind with enough force to cause Jefi’s back to arch, Simon also confirmed that two boys were required to sit naked in front of staff Marcus Pritchett, Raymond Han, and Jacque DeSisto. 20, Simon stated that he bas helped restrain other students as recently as December'13, and has seen other students participate in restraints as well. However, Simon said thet student Mike Wu had been banned from helping in restraints because he wes too physically aggressive, 21, That day, I observed Raymond Han serve the residents lunch. The food was served from pans and plates that were sitting on the floor next to a fll rash bag,22.A student named Steve Saco told me that when he and the other students were caught showering on the night of December 12, Marcus Pritchett took his clothes and glasses and refused to return them to him. Pritchett also refused to give him a clean towel so he could exit the shower without being exposed to other residents and staff, 23. Steve stated that he did not want to get up at 8:00 A.M, on the morning of December 13. He had only gotten four hours of sleep the night before, because staff made the Whole donn stay up to process the showering incident, Steve reported that because he refused to get up he was dragged off his mattress and restrained by staff and a student. The student was a steward, 24, Steve reported that he ran away on November 18, 2001, and when he returned he spent two days in “renewal space” which used to be called “comering” or “time out.” He reported that after every half hour in the space staff would give him something to read for ten minutes and then put him back into renewal space. Steve described the enewal space as a chair positioned in the comer facing outward (into the room). The between 30 minute intervals was the only work or stimulus he was permitted while in renewal space because he had already completed his written “turn-ins” from being on the run. 25. On January 3, 2002, I spoke to Nora Nelson and Nicole Brink, therapists and owners of La Mariposa, Ine, Ms. Nelson and Ms. Brink stated that they do not currently make clinical decisions about whether students may call home more than one time each week, or whether staff can open and read students’ mail. 26. On January 3 1 interviewed a student named Giovanna Baccan, Giovanna reported that she had been farmed since October. She reported that before she gets off the farm she has to speak to Jacque DeSisto, but Ms. DeSisto will not accept her telephone calls and Giovanna does not know whet actions she must take to get herself off the farm. 27. Giovanna reported that she is dyslexic and is not receiving appropriate educational services. She reported that epproximately every two weeks she sees a tutor, and she is assigned to read books that she cannot read, 28. Giovanna has heard a rumor that students cen cal their parents three times a week, but said the reality is that parents will only talk to their children one time a week. Giovanna also reported that staff continues to read all incoming and outgoing mail. 29, Finally, Giovanna reported that there are now curtains in the shower stalls, but students are still required to undress together and to walk through one shower to get to the others, so:there is no privacy, 30. After interviewing Giovanna | interviewed Hilary Friedman, Hilary reported that the School has changed the name of “comering” to “Renewal.” When students are put in renewal they have to sit on the couch for 30 minutes at atime,, After 30 minutes students are allowed off the couch for 10 minutes, then they are sent back. Studentswere told by staff that this was a way to get around the OCCS requirement thet no Separation can last for longer than 30 minutes without written clinical approval. 31. Hilary reported that students are not allowed to call anyone when they are farmed, Otherwise students are allowed to make three calls home each week, but their parents hhave committed to the schoo! that they will only accept one call each week, In sddition, Hilary reported that staf ads ll mail, both incoming and outgoing 32. On the evening of January 17, 2002, visited the Girls Dorm as they were finishing dinnet. The girls reported that they had been fermed since Christmas, because they hed not been cooperating with one another, They were not ettending classes while they were farmed, 33. One student reported she had not spoken to her parents since July. 34. Dorm parent Jeannine Kemp reported that students are allowed one telephone call to their parents every week. SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY ON THIS AQ pay OF MARCH 2002. Kelly eo Gj