Long-term care center faces lawsuit
By LEWIS DELAVAN Editor

A man who claims his 20-year-old daughter was sexually violated while a patient at a head-injury rehabilitation center in Saline County has filed a lawsuit against the facility and its employees.

The suit was filed in Cleburne County Circuit Court, where the victim is from. Timber Ridge Group Inc., is based in North Little Rock, and the company operates Timber Ridge Ranch NeuroRestorative Services on Highway 298, about 10 miles north of Benton.

The lawsuit claims the victim had sexual relations with employees "once or twice a week" from the time she was admitted last fall through March, when she transferred to another facility. Timber Ridge Ranch's executive director, Robert J. "Rob" McDaniel, said he couldn't comment on any aspect of the case.

The plaintiff's attorney, Scott J. Lancaster, said closed-brain injury patients have a year's "golden window of opportunity" to make substantial recovery. "Any neurologist will tell you almost all of a person's potential recovery will come in the first year," Lancaster said. "After a year, you hit a plateau. You never get that time back. "

One of the suit's exhibits documents that the victim tested "Level 5" on the Rancho Los Amigos scale during an examination at the University of Arkansas for Medical Sciences.

Timber Ridge's Web site describes Level 5 as "Confused, Inappropriate Non- Agitated: Maximal Assistance," requiring 24-hour care.

A state Supreme Court ruling recognized that severely mentally incapacitated persons are unable to give consent to sexual relations, as such people are unable to make an informed decision, the attorney said.

"She's not able to give consent," Lancaster said. "'Yes' does not mean 'yes' in this situation. She's not able to make an informed decision."

In addition, the suit alleges:

• A supervisor was among those having sexual contact with the patient.

• Timber Ridge failed to make statutory background checks before hiring employees.

• Staff engaged in "improper and illegal sexual conduct and deviant sexual acts" with at least three Timber Ridge patients in 2007 prior to the victim's admission.

• Management and staff failed to follow state law on investigating and reporting the allegations.

The lawsuit was filed April 30.

The victim was critically injured when ejected during a sport-utility vehicle rollover on May 14, 2007, in Searcy. Cleburne County Probate Court found the victim to be mentally incapacitated last July 3. Her father was appointed guardian.

The lawsuit alleges that each incident of sexual relations should be considered rape, a Class Y felony.

It also seeks monetary damages, specifically the "maximum award allowed by law" for each alleged sexual assault, plus legal expenses.