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"It's all Poppycock"

*All Newspaper Clips in this Blog Series are Attributed to the Archives at the News Journal, where you, too, can purchase a one month membership for access to Journal related papers dating back to the 1800s. http://delawareonline.newspapers.com/?tpa=ZgmgrjZB3AJIJY7Ba7t93Q%3D%3D

Mazik immediately assembled his resources calling on parents to come to the school's defense - and they would. He acquired the legal services of Vincent Rammuno, brother-in-law of friend and business partner Joe Capano.  The state's findings? He called them unprofessional. The report? "Scurrilous and the most unprofessional work I have ever seen." The accusations? An assault, the result of his mastermind his ex-wife as a part of their contentious divorce. The sources? Disgruntled current and former employees.  "Poppycock" he called it.

For each allegation, Mazik had an explanation:
*Responses from the July 21, 1979 story on Au Clair, the first in a five day series that delved into the school and its operations.

1. The Use of Punitive Aversive Techniques:  In 1979, the use of aversives was an ongoing controversy.  Mazik fell into the old school camp that believe there were times when such punishments were necessary. 
2. Manipulation of the school's computer and video recording system: Mazik claimed to have never misrepresented the schools programs to parents or the public.
3. The fabled Master's degree:  Mazik denied portraying himself as every having one, although that didn't keep him from signing internal documents with MA after his name.  He claimed to have represented himself as having education similar to a Master.
4. The reports of child abuse in 1978: The first spoke for itself. No charges had been filed. For the November allegation, Mazik had a reasonable explanation.  He denied using a belt to punish the student "whom he described as self destructive." Mazik needed to remove him from his top bunk in order to "calm him before he hurt himself." He also claimed that many of the procedures being deemed "aversives" in the report were actually "restraints" used to protect a child from himself.
5. The findings that Mazik failed to comply with regulations over staffing: Despite allegations by former staffers that Mazik was difficult to reach when needed, that he provided little or no supervision, and that the 3rd shift was drastically understaffed, Mazik was unapologetic for what he called "poppycock" and explained that a supervisor was onsite for all shifts. He also claimed that all staff members knew how to reach him.
6. Mazik was unconcerned about the allegations regarding meals as he stated that all children received adequate meals.
7. He blasted the state report for its allegations of over-crowding and explained away the room that housed four beds and six students.  He claimed that there were never more than five students in that room that was infrequently used at night for the more destructive children.
8. As for the state's decision to withhold a new license:
 

Had the state lacked a licensing procedure from 1975 to 1979?  It was an interesting and enlightening turn of events. Perhaps there was some poppycock in play...
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The Other Au Clair Story

*All Newspaper Clips in this Blog Series are Attributed to the Archives at the News Journal, where you, too, can purchase a one month membership for access to Journal related papers dating back to the 1800s. http://delawareonline.newspapers.com/?tpa=ZgmgrjZB3AJIJY7Ba7t93Q%3D%3D

The charming, charismatic Ken Mazik was not one for rejection, nor one to be toiled with.  He responded swiftly to state's case against his school calling the state's license rejection "unprofessional" and assembling a panel of parents who were willing (and later would) staunchly and publicly defend the school's approaches as therapeutic and not abusive

But, first, what did the state find? What had lit Mazik's fire?

After an eight month investigation, the state found that Au Clair had been operating in violation of state regulations for programs, staffing and organization of private residential childcare facilities. The list of violations leading to the license denial was exhausting.  The investigators focused their findings in three general domains:

  • The unregulated use of aversive techniques in behavior modifications; 
  • Mazik's own involvement with the school;
  • The lack of staffing and training 

The most contentious finding was the use of aversive techniques to modify a child's behavior. Investigators found that Au Clair used aversive techniques without proper planning and monitoring. Former staff members went on the record calling the techniques abusive and violent. The report cited incidents of beatings, blows to the head, using an instrument to deliver blows, and dunkings in a dirty swimming pool as examples of painful aversives being utilized at the school.
  • The State brought in three independent experts, two from the Princeton Child Development Institute and one from Johns Hopkins,  to review the school.  Each concluded that the use of painful aversive without controlled conditions was a critical deficiency. Within the autism field opinions on the use of punishment to teach children with this disorder were beginning to sway.  Longitudinal data revealed that painful aversive techniques were seldom effective. The conventional wisdom of the time was that such techniques needed to be used under carefully controlled conditions. Au Clair did not have these conditions in place nor any documentation supporting them.
  • Investigators could not find any Individual Treatment Plans for the use of punishment for Au Clair's residents. (There was one exception of the 30 students living at Au Clair.)
  • At least twice in 1978 social service workers were called to Au Clair to investigate cases of child abuse. While no charges had been filed by 1979, the workers findings were the catalyst by Social Services, jointly with the Office of the Attorney General.


  • Both the state and the News Journal independently determined that Mazik's  Masters Degree in Clinical Psyschology from Temple University was a lie.  Mazik fired back that he had only claimed to have similar credentials.  But, that didn't stop him from signing internal Au Clair documents with MA after his name.
  • Former staffers accused Mazik of manipulating the computer and video recording equipment he had at the school.  They claimed that he would have students put on multiple outfits during the course of the day, taping after each wardrobe change.  When parents came to visit and review the tapes, he portended that these were recordings made over multiple days.
  • In May 1978, a social worker arrived at Au Clair to investigate an abuse allegations that 8 or 9 children had been excessively beaten.  It was determined that there existed evidence of abuse, but not enough to close the school.
  • Officials were called to the school the following November to check on a child who had allegedly been beaten by Mazik over the weekend. The reporter determined that a belt or similar object had been used against the child's back. The child's face was also badly beaten.
  • The state's reported also accused Mazik of failing to fulfill his duties as Executive Director due to frequent absences and failure to communicate with staff.
  • Findings included a lack of staff from 12:30 am to 8:30 am when only one staff member was present at the school to monitor the students. This deficiency lasted for more than a year.
  • The school was also cited for not having enough day-time staffing and when those staff came aboard, they received little training
  • Au Clair was cited for failing to have a person knowledgeable about nutrition planning the facility's menus.
  • Parental consent forms related to care and treatment of children were found unsigned.
  • While each childcare facility is required to provide a single bed for each child, Au Clair was found to have at least one room containing four beds and housing six students.
In the end this was what the state required of Mazik to keep his school open:





Next up: The Mazik Response
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The Gingerbread House Begins to Crumble

In 1979, the State of Delaware division of Social Services jointly with the Attorney's General's office delved into an eight month investigation of Au Clair culminating with the refusal to renew the school's license. 

The News Journal obtained a copy of the report through FOIA and began its own investigation culminating in a five-day series beginning on July 21, 1979, that told a very different story of Au Clair. On that day, the Journal deemed their findings "the other Au Clair stories, ones not yet told by TV Shows, national newspapers and magazines that made much of the heartwarming tale of the little school and the dreams a horse made come true."  These were the tales of beatings, dunkings, and whippings by riding crop.  Current and past staffers called the role of the horses in the stables nothing more than farce. There were, they said, maybe one or two children who were ever allowed to care for the horses.

Had it all been just a façade? It appeared that the Gingerbread House had begun to crumble.

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A Mazik Miracle - Au Clair teaches Champ to Talk

Sidebar:  Champ learns to speak...

In 1973, Au Clair had amongst its residents a youngster named Champ. Champ didn't come to Au Clair with the same classic diagnosis of most of its tenants, Kanner's Syndrom - Ken considered Kanner's his expertise.  Mazik held the opinion that it was the most severe of those conditions that at the time constituted what scientists and doctors knew about Autism and his acquiring physical custody of those children affected with it was part and parcel to the progress he was making in the field.  It was his niche.

Kanner's syndrome

Etymology: Leo Kanner, Austrian-born American child psychiatrist, 1896-1981
a form of infantile psychosis with an onset in the first 30 months of life. It is characterized by infantile autism, with signs of lack of attachment, avoidance of eye contact, and general failure to develop social relationships; rituals and compulsive behavior manifested by a resistance to change and repetitive acts; general intellectual retardation; and language disorders, which may range from muteness to echolalia. Treatment may include psychotherapy and special education, depending on the child's intelligence level. (Mosby's Medical Dictionary, 9th edition. © 2009, Elsevier.)
Champ was not the typical resident by any means, but his presence at Au Clair was immortalized in 1973 when the Ken commissioned famed artist Charles Parks to sculpt his likeness. 
The lifetime works of Charles Cropper Parks are a Delaware treasure. Just as Frederic Remington reminds us of the American West, Charles Parks represented Delaware, its people, its landscape and its values. Parks had always hoped that one day his vast collection would be housed in a space that would be available to the public. In 2011, that hope became a reality when the Parks family donated approximately 290 of Charles Parks' works of art to the State of Delaware. - See more at: http://www.legacy.com/obituaries/delawareonline/obituary.aspx?pid=160668101#sthash.9GUDLIgT.dpuf
Champ doesn't talk
On Tuesday, July 24, 1973 Delaware's Morning News reported on  Ken and Claire's star pupil.  The week previous a small group had set out on a field trip consisting of Champ and three of his classmates. You can imagine it is must have been a pretty upbeat ride to the Brandywine River Museum in Chadds Ford for such a special occasion - the sculpture's unveiling. Ken knew a reporter would be waiting for him and this was his time to shine, his opportunity to justify the sensational costs of private pay care for children at Au Clair. This was to be a story about his feats and not that of the famed Silk Stalkings that seemed to dominate every news story that carried the Mazik name

As well it should have... except Chance had nothing to say.

If you haven't guessed it already, Champ was not a student of the two-legged vatiety.  He was the Au Clair mascot.  A "big, black Labrador retriever" whom Mazik claimed he'd taught to talk.  Not bark, whine, or whimper.  But, straight up human guttural words.  Champ was the Mazik Miracle whose skills out-performed those of the fellow students who accompanied him to the museum. Champ was his validation. 


 
 

Champ and Fiberglass Statue along with his Au Clair pals.



And to think, in just a few short years, Au Clair would be on the verge of being closed by the State of Delaware.
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Update: Things we learned today about how government work...


And sometimes you hit a wall that you can't get over, under, or through... There's this wall that I have yet to conquer - FOIA DENIED. Yet, where there's a will there is a way:

Thomas and her lawyer, Julia Arfaa, say that Delaware officials have stymied their efforts to secure basic information. The state attorney general’s office told Arfaa that, while a police investigation was ongoing, it would not allow release of a recording of workers’ call to 911. “Releasing the 911 tape at this time could potentially jeopardize the investigation, because the call contains potentially sensitive information,” said Carl Kanefsky, spokesman for the attorney general’s office. The office will decide whether to file criminal charges after law enforcement agencies have finished their investigations, he said. A Delaware medical examiner refused Arfaa’s request for initial autopsy findings. Last week, a spokeswoman for the medical examiner said it has not completed the autopsy and will notify Janaia’s family when it does. Delaware state police won’t elaborate on the circumstances of the girl’s death or even release her name.
“We’re blocked,” Arfaa said.  https://www.propublica.org/article/camera-shoving-match-group-home-worker-before-teenager-heart-stopped

Time to reach out to Julie Arfaa. 
 
-----Original Message-----
From: Hudson, Wendy L (DSHS) (DSHS)
To: montagnebeau
Cc: Ivory, Sharon L (DSHS) (DSHS)
Sent: Tue, Dec 20, 2016 10:42 am
Subject: FOIA request - Division of Forensic Science Request for the Autopsy Report of Janaia Barnhart
Good Day –
 

This email is to acknowledge that the Delaware Department of Safety and Homeland Security (DSHS), received your Freedom of Information Act (FOIA) request on Monday, December 19, 2016.  You requested:   The Autopsy Report of Janaia Barnhart Death was September 14, 2016.  Autopsy reports are handled by the Division of Forensic Science, under the Department of Safety and Homeland Security (DSHS).  Please note that FOIA allows access to “public records,” unless the public record requested falls within one of the enumerated statutory exemptions. See 29 Del. C. §10002 (definition of “public record” and specific exemptions); 29 Del. C. § 10003 (setting forth FOIA request procedures).

 

The autopsy report that you have requested is not a “public record” within the meaning of Delaware’s Freedom of Information Act, 29 Del. C. §§ 10001-10007 (“FOIA”).  Delaware law is clear that post-mortem reports prepared by the Division of Forensic Science pursuant to statute are investigative files that are exempt from the definition of a public record under FOIA.  See Att’y Gen. Op. 15-IB13; Del. Op. Atty. Gen. 05-IB16.  The Medical Examiner is not required to disclose information regarding death investigations to the  public.  See Op. Att’y Gen. 15-IB13; 29 Del. C. §10002(l)(3) (exempting from disclosure “[i]nvestigatory files compiled for civil or criminal law-enforcement purposes including pending investigative files . . . .”).  Upon completion of any criminal investigation, the statute permits the release of reports solely to the next of kin.  See 29 Del. C. §4707(e).

 
The Department considers your FOIA closed, 12/20/16.
 
Thank you.
 
Wendy
 
Wendy Hudson
Chief of Communications
Delaware Department of Safety & Homeland Security
Office of the Secretary

Office: 302-744-2680
 
Fax: 302-736-9184
 
 
 ----------------------------------------------------
Remember when I told you that the Au Clair/AdvoServ story was more complicated than I ever imagined?  That it splits into 42 different directions? And maybe more... For each lead, I have a million documents to dig through. 

Have you ever done a Media Freedom of information Request from the State of Delaware for an Autopsy? While it sounds morbid, it's less so, when you contextualize it.


I have filed my first - for the Janaia Barnhart's autopsy.  Janaia died in September in an AdvoServ residence.  To date, other than the initial reports, the News Journal - basically Delaware's only resource for local news - has not followed up on her story.  That might have to do with their firing of all their experienced journalists in the months after Janiai died (no relation, just correlative.) Or maybe the Journal doesn't care that a 15-year-old with a disability, placed in a Delaware facility by the State of Maryland who had since put the provider on probation and was ending its contract with said provider due to the results of a surprise visit by state officials, might have been murdered by her for-profit caregivers.  Or maybe this is the Howard High story all over again - a young lady is attacked and the manner of death is an undiagnosed heart condition that just happened to be triggered by the brutality but causation is not the actual violence perpetrated on her.

Or perhaps, the jury is still out. 

What do I know?  That some excellent questions may be answered by what the pathologist found while performing Janaia's autopsy. 
 
This is the initial response I received:

-----Original Message-----
From: DGIC (MailBox Resources)
To: montagnebeau
Cc: Hudson, Wendy L (DSHS) (DSHS)
Sent: Mon, Dec 19, 2016 8:44 am
Subject: Re: FOIA request

I’ll forward your email to the FOIA coordinator for the Department of Safety and Homeland Security.
 
Safety and Homeland Security?  I think I just put myself on the no fly list. It's ok.  I am terrified of planes anyway.
 
Elizabeth Scheinberg is a full-time mom, frequent autism advocate, and sometimes freelance writer who often is consumed by her passion for those without a voice.
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1970s: The Maziks, Paul Neuman, and Au Clair

Chapter 4
The Better Years

The 1970s was a defining decade for Claire and Kenneth Mazik and their fledgling private school, that Claire termed the "Gingerbread House." Au Clair was quickly populated with children from as far away as Connecticut and New York and as nearby as Maryland.  However, the Maziks shied away from taking children from their home state.  Delaware capitated its children with autism to state facilities like the Terry Center and when they aged out, the state sent them to the Stockley Center. With a diagnosis rate of 1 in 2000, the likelihood of a family in Delaware that could afford a private educational and residential placement like Au Clair where a year's tuition was $14,000 - $18,000 was a rarity.  To contextualize this,  the 2016-17 school year tuition at Salesianum, Kenneth Mazik's alma mater, is $14,900.  Mazik capitalized instead on states that provided funding to service providers.

Some states simply didn't have an appropriate institutional placement for kids like Ken's and Au Clair fit the bill, in more ways than one. As early as 1965, New York's own Willowbrook, was under scrutiny for several abuses, including overpopulation. The original facility design had maxed out at 4000 and, yet more than 6000 individuals called Willowbrook "home" or "hell."
Senator Robert Kennedy toured the institution in 1965 and proclaimed that individuals in the overcrowded facility were "living in filth and dirt, their clothing in rags, in rooms less comfortable and cheerful than the cages in which we put animals in a zoo".   Staff (September 10, 1965). "Excerpts From Statement by Kennedy". The New York Times. Retrieved September 26, 2010.
In 1972, Willowbrook made Geraldo Rivera. Rivera had only been in journalism for two years when while working as a reporter for Eyewitness News for WABC-TV in New York, he found himself at the heart of an expose that garnered national attention and earned him a Peabody Award.

Thus, Claire's gingerbread house filled a rather particular void. It was established just in time to benefit from the beginning of the end of centralized institutionalization of children and adults with developmental disabilities and/or mental illness. While de-institutionalization would take decades to complete, the Mazik's marveled in their financial and creative success in those early years.

Those were the swinging seventies, especially through 1977. If Ken Mazik had mastered any particular skill, it was charisma - which garnered Mazik and Au Clair tremendous celebrity. For several years it rumored that Mazik and Au Clair was being courted by several production companies who were seeking to make a feel-good movie about how Au Clair and its severely disabled students benefitted from Silk Stalkings, who is still today revered as the queen of  harness racing. In 1973, the Mazik's had combined their yearly salaries from Au Clair ($20,000) to purchase Silky in who would win a surprising $694,894 over the course of racing career while serving as a vocational tool for Mazik's school children.




                                               Found on The News Journal powered by Newspapers.com
 

 
At little inflation math:


                                              Found on The News Journal powered by Newspapers.com

Silky afforded the Mazik's a new life style.  Where they had been nobodies, they now traded their Gremlins for a pair of Mercedes. Claire's was brown and convertible, Ken drove a silver 450 SLC.  They bought their trainer a diamond ring, and for themselves, a cottage in Maryland, an airplane, and two more farms in Middletown/Odessa.  The Mazik's vowed that they were using their assets and their stable, 30 horses rich, to provide their students with vocation skills that would allow them to one day move on and hold a job.
In 1977, 60 Minutes aired Mazik's story of Silky glory and her Au Clair students.  But, employees and former employees would later argue that parts of the 11 minute segment were staged and that only two students actually groomed the horses and moreso, that Ken Mazik despite being the Director of Au Clair, spent very little time at the school.  The insinuation was that he and Clair were spending their time on the harness circuit and that staff could not reach them when they needed crisis advice.  By 1979, the school was dangerously close to being closed by the state.

 
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