State moves to permanently remove children from Brooklawn facility following child's death

LOUISVILLE, Ky. (WDRB) -- The state of Kentucky will permanently remove children from the Uspiritus-Brooklawn facility in Louisville amid an investigation into the death of a 7-year-old boy.

Ja'Ceon Terry died July 17 while in the care of the Child and Family Services center, which serves as a psychiatric residential treatment facility. A report from the Jefferson County Coroner's Office showed Terry's cause of death was asphyxia and ruled it a homicide.

The Kentucky Cabinet for Health and Family Services announced Thursday its intent to remove all children from the facility permanently "after a thorough investigation" and revoke the facility's license to operate. The agency is giving Brooklawn 15 days to transfer those currently in their care.

Officials said in a news release that Brooklawn was notified of the findings of the CHFS investigation Thursday.

"The statement of deficiency includes failure of direct-care staff to supervise residents and know their whereabouts at all times; recording all incidents or accidents that present a direct or immediate threat to health, safety or security of any resident or staff member; and complying with a regulation which states that a restraint or seclusion shall not result in harm or injury to the resident and shall be used only to ensure the safety of the resident or others during an emergency safety situation," CHFS said.

No children have been placed in Brooklawn facilities since Terry's death.

"What took place at Brooklawn is a tragedy," CHFS Secretary Eric Friedlander said in a news release Thursday. "Brooklawn claims to provide a continuum of care that helps vulnerable individuals find hope, make positive changes in their lives and realize their potential. Tragically, Ja'Ceon Terry was never able to realize his potential."

Friedlander said CHFS is "charged with the safety and well-being of vulnerable Kentuckians, especially children," which is why it is taking steps to revoke Brooklawn's license.

The department said prior to Terry's death, there weren't complaints or patterns of abusive behavior at Brooklawn.

CHFS said it was still investigating "additional allegations."

Brooklawn can appeal the decision. In a statement sent to WDRB News, Jarod Woods, a spokesperson for the facility, said Brooklawn was "completely devastated" by the loss of Terry while in their care, calling his death "a tragedy that should not have happened on our watch."

"In the five months since, we have made extensive changes to prevent serious harm, including dismissing employees, retraining staff, and increasing supervision. We have also worked cooperatively with all investigations, including those by local law enforcement," the statement continued. "This afternoon, we were informed of the Office of Inspector General's decision to revoke three of our residential licenses. We will fully comply with the state's order to move the seven children remaining in our care from these cottages within 15 days. We will begin this process after these children celebrate the holidays and open their many gifts so generously provided by donors and supporters. While we understand the immense pressure, the Cabinet is under at this time, our organization disagrees with this decision and reserves the right to appeal. We have placed the safety of children as our top priority throughout our 170-year history, and we will continue to do so."

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