The upscale outdoor therapy camp filed a petition with the North Carolina Department of Administrative Hearings on July 8, about eight days before its license was revoked following the death of a 12-year-old camper, seeking to stop the state from revoking its license again.
Trails Carolina, based in the Lake Toxaway area of ​​Transylvania County, more than an hour outside Asheville, has filed a petition for contested hearing to challenge the revocation of its operating license, a spokesperson for the North Carolina Department of Health and Human Services confirmed to the Citizen-Times on July 12.
“The North Carolina Department of Health does not comment on pending litigation,” spokesperson Hannah-Jones said. “We suspended their admissions and have subsequently served them notice of license revocation. They cannot operate at this time.”
The shuttered therapy camps argue that the North Carolina Department of Health's move to revoke their licenses is “without reasonable or sufficient basis” and is “harmful to the health and safety of the children otherwise under Trails Carolina's care.”
more:States: Western North Carolina camp license revoked following New York child death despite corrective actions
The petition states that the North Carolina Department of Health “exceeded its authority, acted erroneously, failed to follow due process, and acted arbitrarily and capriciously in its investigation and suspension of admissions.”
Jeremy Whitworth, executive director of Trails Carolina, was informed of the “intent to revoke” the license in a letter dated May 17 from Robin Salfridge, director of the North Carolina Division of Mental Health Licensing and Certification. The letter said the state Department of Health found five deficiencies that violated state regulations.
The campground had 60 days to file the petition, after which its license would be revoked. A Trails Carolina spokesman declined to comment on the petition.
more:Police in talks with district attorney after child's death at Western New York camp ruled a homicide
The sanctions follow the death of a 12-year-old boy attending the camp on February 3. An autopsy concluded that the boy died of suffocation due to the way camp staff placed him in a one-person tent, known as a bivvy. The camp was temporarily closed by state health officials the following week, and in April it lost its accreditation from the Association for Experiential Education, a nonprofit accrediting agency.
A report released by the North Carolina Department of Health in the spring revealed interviews with staff who felt they and the campground were to blame for the deaths. In a corrective plan submitted to the state this spring, Trails Carolina detailed how it would prevent future harm to campers, but disputed some of the findings, saying the plan's submission “does not represent a complete agreement.”
The boy is the second camper to die since 2014. Two former campers have filed a lawsuit in federal court alleging Trails Carolina failed to protect them from sexual assaults by other campers.
Despite the petition, Trails Carolina still cannot open and its license revocation remains in effect, said Health Department spokeswoman Kelly Connor.
“They are appealing,” Connor said in an email on July 12. “The (Administrative Hearings Office) appeal process will now begin and a decision on reversal will be made.”
more:Western North Carolina camp facing child death investigation argues court should dismiss sex abuse lawsuit
Riley Ober is a public safety reporter for the Asheville Citizen-Times, a USA Today Network company. Email him at rober@gannett.com and follow him on Twitter at @ryleyober.
