AGENCY FOR PERSONS WITH DISABILITIES,
Petitioner, v.
License No. 11-12-035
Eagles Nest Foundation of Volusia County, Inc., owned and operated by Delores Kramer,
Respondent.
/
ADMINISTRATIVE COMPLAINT
The AGENCY FOR PERSONS WITH DISABILITIES, (“Petitioner” or “Agency”),
issues this Administrative Complaint against Eagles Nest Foundation of Volusia County, Inc., owned and operated by Delores Kramer (or “Respondent”), and states the following as the basis for this complaint:
Petitioner is the state agency charged with regulating the licensing and operation of foster care facilities, group home facilities, and residential habilitation centers, pursuant to Section 20.197 and Chapter 393, Florida Statutes.
At all times material to this complaint, Respondent has held a group home facility license issued by the Agency for the following address: 1525 Carr Street, Deland, Florida, 32720. The Respondent also has contracted with APD to provide the residents with Medicaid Waiver developmental disability services.
Section 393.0673(1)(a)(3), Florida Statutes, provides that the Agency may revoke a license, or impose an administrative fine if the licensee has failed to comply with the applicable requirements of Chapter 393, Florida Statutes, or the rules applicable to the licensee.
COUNT I
Rule 65G-2.012(15) of the Florida Administrative Code states:
Discipline and Abuse. Each client shall receive humane discipline.
….
1
(b) The [group home] facility shall take all reasonable precautions to assure that no client is exposed to, or instigates, such behavior as might be physically or emotionally injurious to him/herself or to another person.”
Section 393.13(3)(a), F.S. states, in pertinent part, that “persons with developmental disabilities shall have a right to dignity, privacy, and humane care, including the right to be free from abuse, including sexual abuse, neglect, and exploitation.”
On or about May 20, 2011, C.M., a vulnerable adult resident of the group home facility located at 1525 Carr Street, Deland, Florida, soiled himself while out on a trip to a restaurant. Upon their return to the group home, Ms. Kramer, the owner of the facility, directed C.M. to stand in the front yard of the facility and remove all of his clothing. After forcing C.M. to disrobe in front of the facility, Ms. Kramer used a hose to spray the fecal material from C.M.’s body. These events occurred in open view. These acts were an inhumane use of discipline for C.M., and were an affront to his dignity, privacy, and right to humane care.
The aforementioned incident constitutes violations of s. 393.13(3)(a), F.S. and rule 65G-2.012(15), F.A.C.
WHEREFORE, Petitioner respectfully requests revocation of the license currently held by Eagles Nest Foundation of Volusia County, Inc. in accordance with Section 393.0673, Florida Statutes.
Dated: August 11, 2011
Jonathan Grabb
Senior Attorney, Office of General Counsel Agency for Persons with Disabilities
4030 Esplanade Way, Suite 380
Tallahassee, Florida 32399-0950
Attachments: Explanation of Rights Election of Rights Form
Copies furnished to:
Delores Kramer 1525 Carr Street Deland, Florida, 32720 | APD Area 12 Administrator Edwin Debardeleben |
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the above named individuals by U.S. Mail or electronic mail, this 11th day of August, 2011.
Percy W. Mallison, Jr., Agency Clerk Agency for Persons with Disabilities 4030 Esplanade Way, Suite 380
Tallahassee, Florida 32399-0950
RESPONDENT: Eagles Nest Foundation of Volusia County, Inc., owned and operated by Delores Kramer, Deland, Florida
I have read the accompanying Administrative Complaint and Explanation of Rights in this matter, I would like to request a hearing, and I elect for the following hearing option:
I do not dispute the facts alleged in the Administrative Complaint and wish to be heard on the issue of penalty or conclusions of law. I request an informal hearing pursuant to Section 120.57(2), Florida Statutes. I understand that at that hearing I will be permitted to submit only written or oral evidence in mitigation of the charges or explain why the facts alleged do not constitute a violation of law.
I dispute the material facts alleged in the Administrative Complaint and request an evidentiary hearing pursuant to Section 120.57(1), Florida Statutes. Specifically, I dispute the following material facts:
Please be advised this is a legally binding document and contains important information regarding your rights. Should you desire advice regarding your response, you may wish to seek legal counsel before proceeding. By signing this document, you represent you are authorized to act on behalf of the establishment named herein and accept responsibility for compliance with any final order resulting from this action. Failure to complete, sign and return the election of rights form to the agency within 21 days of receipt may constitute a waiver of your right to be heard in this matter and the Agency may commence proceedings without your participation, which may result in penalties against your license. As provided in §393.063(1), Florida Statutes, penalties may include suspension, revocation or denial of licensure, and fines up to $1000 per day for each violation.
Telephone number for contact: Fax
Signature: Date:
Print Name: Title:
Business Location Address: | City | State | Zip |
Mailing Address | City | State | Zip |
You are advised, per Section 120.573, Florida Statutes, that mediation is not available for this action. Please keep a copy of this document for your records.
The enclosed Administrative Complaint charges you with violating one or more provisions of Chapter 393, Florida Statutes, or the rules supplementing that Chapter. If you have questions regarding your response or best course of action, you may wish to seek the advice of competent legal counsel.
Your receipt of this Administrative Complaint packet constitutes service upon you. Your rights under Florida law (Chapter 120, Florida Statutes) are as follows:
You may elect to not dispute the violations alleged in the Complaint and request that a hearing be held to present testimony or documents you wish the Agency to consider in mitigation of the alleged violations prior to disposition of this case. Any penalty levied will be included in a Final Order. If a dispute of material fact arises, the hearing will be terminated and the case referred to the Division of Administrative Hearings.
You may elect to dispute the violations alleged in the Complaint and request a hearing before an Administrative Law Judge, which is an administrative “trial”. You and the Agency may present evidence and witnesses to prove or disprove the facts alleged and submit a written proposed recommended order after the hearing for the Judge’s consideration. Based on the evidence and any proposed recommended orders submitted, the Judge will issue a Recommended Order containing Findings of Fact, Conclusions of Law, and Recommended Penalty, if any. Following review of the Recommended Order, the Agency will issue a Final Order.
An Election of Rights form is included with the Administrative Complaint. The Agency must receive it within 21 days of your receipt of this Administrative Complaint packet. After the Agency determines whether a dispute of material fact exists, it will make arrangements on your behalf for the appropriate hearing. You will receive notice of the date, time, and place of hearing at the address designated by you on your Election of Rights.
Please note, per Chapter 120.573, Florida Statutes, mediation is not available in this action.
| Issue Date | Document | Summary |
|---|---|---|
| Feb. 27, 2012 | Agency Final Order |
