GOOCHLAND COUNTY, Va. — The Disability Law Center of Virginia has filed a lawsuit against Hallmark Youthcare in Goochland, saying the youth psychiatric treatment facility repeatedly blocked their staff from conducting an investigative monitoring visit after more than a dozen juveniles ran away in early July.
The juveniles were at the facility to receive help for mental health issues. One mother, who spoke by phone, described a call she received from her child after the incident.
"She told me, 'Mom, I'm not safe here, I'm not safe here, Mom, I just want to come home,'" the mother said.
Watch: Goochland lieutenant warns someone may be killed at Hallmark Youthcare if unsafe conditions continue
Antoine Robinson Sr., whose 15-year-old son ran away from the facility, said the situation should never have been allowed to happen.
"No kid should be allowed to escape a place like that. It should be top notch security there," Robinson said. "Anything would have happened to him out there that night."
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The Disability Law Center of Virginia, known as DLCV, says it is Virginia's federally designated protection and advocacy agency authorized to monitor and investigate incidents of abuse and neglect at psychiatric residential treatment facilities like Hallmark. After establishing probable cause that the runaway events were at least in part due to staff neglect, DLCV staff sought to conduct an investigative monitoring visit and speak with the youth who ran away, according to their lawsuit.
But their lawsuit states facility staff repeatedly denied them access.
"We are entitled to immediate access where we are investigating a complaint. We are entitled to access without an escort under federal law," said DLCV Executive Director Colleen Miller. "We thought they would comply, but they did not."
Miller said when her staff arrived for their visit, they were stopped at the door.
"Let's go to the day of our visit — we couldn't get any further than the lobby," Miller said.
According to DLCV's complaint, the now-former CEO Elyssia Stratton said she needed to speak with counsel before allowing DLCV access to monitor the facility. Stratton indicated Hallmark would make a prompt written statement regarding the delay or denial, but DLCV says it never received that written statement.
Miller said the facility's refusal to cooperate raises serious concerns.
"The fact that Hallmark knows who we are, has had a trusted working relationship with us in the past, and now they're blocking us gives us great concern that there is something much more serious going on there than anybody might suspect," Miller said.
DLCV has asked the court to force Hallmark to permit the investigative monitoring visit. Miller said the organization has still not received a response.
"This could take months to get access to do what you are entitled to do by law, or it's possible they will come back to you and give you access before it even gets to that point?" CBS 6 investigative reporter Melissa Hipolit asked.
"That would be our hope," Miller said. "Let's work together to make sure the conditions are safe, that the children are getting adequate treatment."
A spokesperson for Hallmark Youthcare said the facility was aware of the lawsuit but could not comment on active litigation. The spokesperson said Hallmark continues to work closely with state agencies to implement a plan focused on resident safety.
"Our goal is to maintain a safe, structured and therapeutic environment for young people who require intensive, 24/7 residential treatment and support," the Hallmark spokesperson said.
CBS 6 has been reporting on safety concerns at Hallmark Youthcare since last September.
This is a developing story. Email the CBS 6 Newsroom if you have additional information to share.
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