Du Pont heir Robert Richards IV who raped his daughter failed to complete an intensive program at an inpatient psychiatric clinic in Massachusetts.
It was part of his sentence that allowed him to not to go to prison.
The Wilmington News Journal reports that his attorney said Richards never went to the expensive McLean Hospital near Boston because of inadequate security.
Instead, Richards stayed in Delaware.
In 2009 the prosecution in the case said it would accept no prison time in such child abuse cases because Richards would get the out of state help.
Judge Jan Jurden has drawn sharp criticism for not sending Richards to prison.
At the time of sentencing she said that she believed he would not “fare well” in prison.
