A follow up on an NBC12 investigation of a therapist from Henrico accused of a child sex crime. Scott Henry made his first appearance in a Caroline County courtroom on Friday where he was appointed an attorney.
Earlier this week NBC12 found out he had been accused before but kept his license after the state Board on Counseling closed the case. Now that there is a new allegation, NBC12 went to the Department of Health Professions Department of Enforcement to get a better perspective on how the state board makes their decision.
Any complaints against a health professional are filed at the Department of Health Professions. Faye Lemon is in charge of the Department of Enforcement, which will investigate.
"We're looking for is it a possible violation and do we have jurisdiction over the person being complained about," she said.
This is where in 2007 the department looked into allegations against 67-year-old Henry. The report said he placed his hands into the pants of his six-year-old patient. It allegedly happened at Rappahannock Area Community Services Board in Fredericksburg.
In the end the state board decided to exonerate Henry and closed that case.
But now, another former patient, also a child, is accusing Henry of the same crime.
NBC12 reached out to Lemon, but were told the department cannot comment on specific cases. She did agree to talk about the process when a complaint is made.
"We're going to gather as much information as we possibly can to supply to the board for the board to make the decision as to the outcome," she said.
Lemon says if there is a possibility a crime was committed law enforcement is notified. However, Caroline County Sheriff's office say the latest accusation is the first time they've heard of Henry, but are continuing to look into it.
"Why in God's name would you roll the dice with a child's safety," said Polly Franks. She is a child abuse advocate and found the organization, "It's Not Your Fault." Her two youngest daughters were abused by a convicted sexual predator. She wonders how Henry kept working after the first allegation.
"I know they're such things as false allegations. I'm very familiar with those cases but I would always say believe the children," she said.
Lemon does not speak for state board members but offers this.
"The boards have many reasons on which they would close, among those reasons could be there was a lack of evidence," Lemon said.
NBC12 also spoke to the Caroline County Commonwealth's Attorney's office if they had ever heard of Henry before this week. They would not comment.
Henry will be back in court in January. He remains in jail charged with aggravated sexual batter of a juvenile under 13-years-old. RACPS is cooperating with deputies in the investigation.
Copyright 2012 WWBT NBC12. All rights reserved.
WWBT-TV NBC 12
P.O. Box 12
On Your Side
Video and Pics