Nov 14 2008 11:10 Nov 14 2008 11:08AM Y er “ee . i i STATE OF FLORIDA AGENCY FOR PERSONS WITH DISABILITIES AGENCY FOR PERSONS WITH DISABILITIES, : License No. 14GH01158 Petitioner, v . FILED . AED Agency Cesk THOMAS GROUP HOME, RP -4mp Respondent. ADMINISTRATIVE COMPLAINT The AGENCY FOR PERSONS WITH DISABILITIES, (‘Petitioner” or “Agency"), issues this Administrative Complaint against Thomas Group Home, (or “Respondent'), and says: 1. Petitioner is the state agency charged with reguiating the licensing and operation of foster care facilities, group home facilities, and residential habilitation centers, pursuant to Section 20.187 and Chapter 393, Florida Statutes. 2. At all times material to this complaint, Respondent has held one group home facllity license issued by the Agency for a residence at the following address: 735 Parkview Place, Lakeland, Florida, 33805. Respondent's business address of record with the Agency is 735 Parkview Place, Lakeland, Florida, 33805, 3. Section 393.0673(1)(a)(3), Florida Statutes, provides that the Agency may revoke or suspend a license, or impose an administrative fine if the licensee Nov 14 2008 11:10 Nov 14 2008 11:08AM r oe” eee ee has failed to comply with the applicable requirements of Chapter 393, Florida Statutes, or the rules applicable to the licansee. FACTUAL ALLEGATIONS 4. On May 15, 2008, Melody Taylor, employed by APD Area 14 Office as a Licensing Specialist, and Connie Miller, employed by APD Area 14 Office as a Human Services Program Administrator, conducted an inspection of the Thomas Group Home pursuant to Section 393.0661(9), Florida Statutes. The inspection revealed group home and program violations. 5. Rule 65G-2.012 (12){a}, Florida Administrative Code, provides, in part that: “Poisonous and toxic compounds shail not b¢ stored in an area which may constitute a hazard to the clients, Such items shall be safeguarded and not commingled with foad items in storage areas or elsewhere.” 6. In violation of rule, toxic substances were stored unsafely on the premises. Specifically, Drano, Liquid Plumber, and bleach were observed in the laundry area, unlocked and accessible to residents. Additionally, toxic toilet and bathroom cleaning products were stored in unlocked and accessible areas in the residents’ bathrooms. 7. Rule 65G-2,012(14)(b), Florida Administrative Code, provides, in part that: “All prescription medication is to be kept in its original dated label with legible information stating the prescription number, direction for use, client's name, physician’s name, and address of the issuing pharmacy.” Such medications are required to be kept in a'locked enclosure. p- Nov 14 2008 11:11 Nov 14 2008 stcoen gg” e{,r ne | 8. Two Seroquel pills were discovered in a daily pill minder container and had a printed pharmacy label attached to it. The daily pill minder container for one resident was observed to be mixed in with medications in another resident's medication box. 9. Rule 65G-2.012(8)(i), Florida Administrative Code, requires: “Housekeeping. Each facility maintain the equipment and supplies to: (1) keep the building in a clean, safe, and orderly condition." Rule 65G-2-012(8)(I), Florida Administrative Code, requires: Maintenance: (1) The facility maintain the interior and exterior of the building in a clean, safe, sanitary and presentable condition.” 10. The inspection revealed that the walkway leading from the driveway to the home was broken with pieces of cement sticking up. There were broken pieces of glass on the ground in the carport and play area outside the home. The shed was full of broken chairs, car parts, buckets and garbage. The shed doors were unlocked and open and accessible to the residents. There were discarded chicken bones on the walkway leading to the carport area. 11, Rule 65G-7.007(1)(b), Florida Administrative Code, states, in part, that medication assistance providers must “destroy any prescription medication that has expired or is no longer prescribed and document the medication disposal on a “Medication Destruction Record,” Rule 65G-7.007(3), Florida Administrative Code, provides that: “If the client requiring medication assistance is residing or receiving services in a facility setting, the medications must be centrally stored in a locked container in a secured enclosure,” and Rule 65G-7.007(4),Fiorida Administrative Code, further provides that: “Either a licensed health care Nov 14 2008 11:11 Nov 14 2008 11:09AM ri oe“ we i ee practitioner or medication assistance provider must securely maintain keys to the locked containers and storage enclosures containing controlled medications, and provide written procedural provisions for accessibility to medications in cases of emergency.” 12. Liquid medication bottles and empty pill bottles were discovered on the kitchen counter. One of the liquid medication bottles of Oxcarbazepine (Trileptal) contained medication and was not properly stored in a locked container in a secured enclosure. The keys were left on the kitchen counter without staff supervision present. 13. Rule 65G.012(5)(g)(6), Florida Administrative Code, states, in part: Direct Care Staff Responsibilities. Each group home facility shall: “Provide for and ensure each individual's right to privacy, in accordance with the Bill of Rights of Persons with Developmental Disabilities, Section 393.13, F.S.” 14. Rule 65G.012(8)(c)(6), Florida Administrative Code, provides: “Bedrooms. Bedroam doors shall not have vision panels.” The inspection revealed that there was no door on one resident's bedroom, but rather a two- panel curtain that did not close completely. 15. Rule 65G.012(8)(d)(5), Florida Administrative Code, provides: Bathrooms. Toilets, tubs and showers used by clients shall provide for individual privacy.” The curtains in one resident's bathroom were transparent, allowing a clear and unobstructed view into the bathroom from outside the graup home. 16. Rule 65G-2.012 (9)(a), Florida Administrative Code, provides, states, in part: “Food Services. Quality and Variety. Food and beverages shall be of Nov 14 2008 11:11 Nov 14 2008 meseng” er et adequate quantity and variety, served at appropriate temperatures, prepared by methods which conserve nutritional value, and served in a form easy for clients to manage.” In addition, Rule 65G-2.012 (9)(c)(3), Florida Administrative Code, provides: “Meal Planning. Fresh food supplies sufficient for two days and staple food. supplies sufficient for at least five days shall be available at the facility at all times.” The food items stored in the freezer were unidentifiable, undated and unlabeled. The fresh food supplies appeared insufficient for two days and the staple foods stocked in the home.appeared insufficient for five days. 17. Rule 65G-2.012 (8)(a)(2), Florida Administrative Code, provides, in part, “Living and dining. The living area shall be provided with an adequate number of furnishings for the usual functions of daily living and social and diversional activities. These fumishings shall be sturdily constructed and of Satisfactory design to meet the daily needs of residents of the facility.” There were two chairs in the carport area used by residents which were damaged and in need of repair or disposal. 18. The Agency issued a Notice of Noncompliance to Ms. Thomas for the Thomas Group Home on May 21, 2008, detailing the above violations and requiring a corrective action plan be submitted to the Area Office within fifteen days. 19. On June 11, 2008, the Area 14 office received a response from Ms. Thomas which refuted the violations described above and addressed Notice of Nencompliance in part. P- Nov 14 2008 11:12 Nov 14 2008 11:09AM Y ( ‘an Soe” Ne 20. Chapter 393.13(3)(a), Florida Statues, states that persons with developmental disabilities shall have a right to dignity, privacy, and humane care, including the right to be free from sexual abuse in residential facilities. 21. On April 27, 2005 a report was called into the Abuse Hotline alleging - that Ms. Thomas’ nephew, Orlando Lyons, asked one of the residents to perform sexual acts on multiple occasions. That resident moved out of the home following the abuse investigation. 22, On April 27, 2005, APD Area 14 staff sent a letter to Ms. Thomas instructing her that her nephew, Orlando Lyons, shall not be permitted in or around the group home. In June 2008, during a site visit conducted by APD Area . 14 staff members Connie Miller and Melody Taylor, Orlando Lyons was observed in the group home. COUNT] 23. Based on the foregoing, Respondent violated Rule 65G-2.012(a), Florida Administrative Code, by failing to safely store poisonous and toxic substances. At the time of the observed violation, the Thomas Group Home was serving two individuals who were blind and autistic, making the storage requirements a necessity in order to ensure the health and safety of those individuals. COUNT 4! 24. Based on the foregoing, Respondent violated Rule 65G-2.012(14)(b), Florida Administrative Code, by failing to properly store prescription medications. COUNT ill -10 | Nov 14 2008 11:12 Név 14 2008 11: me ov awed 25. Based on the foregoing, Respondent violated Rule 65G-2,012(8), Fiorida Administrative Code, by failing to maintain the interior and exterior of the building in a clean, safe, sanitary and presentable condition. COUNT IV 26. Based on the foregoing, Respondent violated Rule 65G-7.007, Florida Administrative Code, by failing to abide by required medication administration and storage requirements. COUNT V 27. Based on the foregoing, Respondent violated Rule 65G- 2.012(5)(g)}(6), Florida Administrative Code, by failing to ensure the privacy of residents. COUNT VI 28. Based on the foregoing, Respondent violated Rule 65G-2.012(9)(a}, Florida Administrative Code, by failing to provide adequate food supplies. COUNT Vil 29. Based on the foregoing, Respondent violated Rule 65G- 2.012(8)(a)(2), Florida Administrative Code, by failing to provide furnishings of sturdy construction and design. COUNT Vill 30. Based on the foregoing, Respondent violated Chapter 393.1 3(3)(a), Florida Statutes, by failing to provide reasonable protections to ensure residents are free fram sexua! abuse. WHEREFORE, Petitioner respectfully requests entry of an order imposing -11 Nov 14 2008 11:12 Nov 14 2008 11:10AM . oo Ngee Nee” an administrative fine not to exceed $1,000 per offense and revocation of Thomas Group Home license, and any other relief authorized by Chapter 393, Florida Statutes, or the rules promulgated thereto that this administrative tribunal deems fair and equitable. September 4, 2008 2 Brian F. McGrail, FBN 0603252 Assistant General Counsel Agency for Persons with Disabilities 4030 Esplanade Way; Suite 380 Taitahassee, Florida 32399-0950 Ce/ Eric Olsen, APD Program Administrator Area 14 Attachments: Explanation of rights Election of Rights Form -le

Docket for Case No: 08-005696

Orders for Case No: 08-005696