Trails Carolina appeals state’s license revocation after camp death
A top-rated outdoor therapy camp is once again trying to prevent the state from revoking its license by filing a petition with the N.C. Office of Administrative Hearings on July 8, about eight days before it is scheduled to have its license revoked following the death of a 12-year-old camper.
Trails Carolina, based in the Transylvania County community of Lake Toxaway, more than an hour from Asheville, has filed a request for a hearing to contest the revocation of its license to operate, a North Carolina Department of Health and Human Services spokesperson confirmed to the Citizen Times on July 12.
“NC DHHS does not comment on pending litigation,” said spokeswoman Hannah Jones. “We suspended their licenses and then sent them a notice to revoke their license. They are unable to work at this time.”
The closed therapy camp claims that the NC DHHS’s revocation of its license was “without reasonable or sufficient basis” and “is detrimental to the health or safety of the children who would otherwise be in the care of Trails Carolina.”
More: State: Despite remedial measures, camp in western North Carolina has its license revoked after child death in New York
The NC DHHS “exceeded its authority, acted improperly, failed to follow proper procedures, and acted arbitrarily and capriciously in its investigation and suspension of admissions,” the petition states.
Jeremy Whitworth, executive director of Trails Carolina, was notified of the “intent to revoke” in a May 17 letter from Robin Sulfridge, director of North Carolina’s Division of Licensing and Certification of Mental Health Facilities. The letter said DHHS identified five deficiencies with state regulations.
The camp then had 60 days to submit this application. After this deadline, the license will also be revoked. A spokesperson for Trails Carolina declined to comment on the application.
More: After the death of a child at a camp in western North Carolina was classified as a “death,” police consult with the district attorney
These sanctions follow the Feb. 3 death of a 12-year-old camper whose autopsy found he died of suffocation because camp staff had placed him in a one-person tent called a “bivouac.” The camp was temporarily closed by state health officials the following week and lost its accreditation from the Association for Experiential Education, a nonprofit certification organization, in April.
A report released by the NC DHHS in the spring revealed interviews with staff who believed they and the camp were responsible for the deaths. In its corrective plan sent to the state this spring, Trails Carolina detailed how it would prevent future harm to campers, but also contradicted some of the findings, saying the plan’s submission “does not demonstrate full consent.”
The boy was the second camper to die since 2014. Two former campers have filed suit in federal court, claiming Trails Carolina failed to protect them from sexual assault by other campers.
Despite the application, Trails Carolina still cannot begin operations and the license revocation remains in effect, said DHHS spokeswoman Kelly Conner.
“They are appealing this,” Connor said via email on July 12. “The appeals process (Office of Administrative Hearings) will now take place and decide on the revocation.”
More: Investigation into child death in a camp in western North Carolina: Court should dismiss sexual abuse lawsuit
Ryley Ober is a public safety reporter for the Asheville Citizen Times, part of the USA Today Network. You can email her at [email protected] and follow her on Twitter at @ryleyober.
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