Apr 1? 2008 15:04 Apr 17 2008 3:02PM APD 8504100665 p.S @2/18/2068° 08:45 3962384753 APD AREA 12 DAYTONA PAGE 62/07 FILED STATE OF FLORIDA APD Agency Clerk AGENCY FOR PERSONS WITH DISABILITIES APA 17 2 AGENCY FOR PERSONS WITH DISABILITIES License No(s).: 07-12-019 Petitioner, License Type: Standard Vv. LA. Ditty, Inc. APD -O8&- C0OF Respondent f ADMINISTRATIVE COMPLAINT. The AGENCY FOR PERSONS WITH DISABILTIES (Petitioner), files this Administrative Complaint against L.A. Ditty. Inc. ("Respondent’), and says: 1, 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. 2. Respondent L.A. Ditty, Inc. has, al all times material hereto, held license 07-12-019 issued by the Agency for Persons With Disablities for a residence at the following address: 532 Berkshire Road, Daytona Beach, Fioride. 3. The facility is owned by Ms. Laurie Lomascolo-DeLaach. 4. Respondent's business address of record is also 532 Berksnire Road, Daytona Beach, Florida. 5. Anincident report filed on January 19, 2008 by Ms, Lomascolo-DeLoach states that on Saturday January 19, 2008, “caregiver arrived at 10:10 AM, and found the home in disarray with broken glass on kitchen, living raom floor, and back door open. Upon questioning residents C.B. appeared disoriented speech slurred.” 6. The Incident report also states that “upon checking C.&.'s medications her generic Restoril which had been filled on 1/18/08 were goné. C.B. said she had taken them in order to sleep.” Ms. Lomascolo and/or her staff failed ta provide adequate supervision to ensure that C.8 properly self-administered her Restoril. Apr 1? 2008 15:04 Apr 17 2008 3:02PM APD 8504100665 p.? 62/18/2888 8:45 3662384763 APD AREA 12 DAYTONA PAGE 83/07 7. Asa result of having self-administered all of her Restoril, C.B. was hospitalized at Halifax Hospital under the Baker Act pursuant to section 394,463(1)2 of the Florida Statutes, due to possible medication averdose and possible suicide atternpt. 8 On Thursday, January 24, 2008. Owner, Ms. Laurie Lomascolo-DeLoach verbally reported to the Agency for Persons With Disabilities that Carla's medications had not been locked due to Carla being considered “independent.” COUNT | 9 Rule 65G-2.041(45)(c), Florida Administrative Code, provides in pertinent part that “medication shall be kept in a locked enclosure.” 40, Rule 65G-2.011(4), Florida Administrative Code, provides in pertinent part that “foster care facility services shall include, but nat be limited to. pravision of adequate living accommodations, proper and adequate dietary supervision, appropriate physical care, support, guidance, supervision and assistance with training required to assure each individual the opportunity for personal growth and development. Specific services to be provided shall be defined by the needs of the clients to be served. Consideration shall be given to age, sex, developmental level and specific needs.” 12. Based on the foregoing, Respondent violated Rule 65G-2.011(4) and Rule 65G-2.011 (15) by failing to ensure that [C.B.'s] medications were secured and by failing to provide adequate supervision of medications. COUNT I 17. > Section 383.13(3)(g), Florida Statutes, provides that persons with disabilities shali have a right to be {ree from harm, including unnecessary physical, chemical, or mechanical restraint, isolation, excessive medication, abuse, or neglect 42. Based on the foragoing. Respondent violated section 393.13(3)(g), Florida Statutes, by neglecting the client's medication needs, resulting in a potential overdose. Apr 1? 2008 15:04 Apr 17 2008 3:03PM APD 8504100665 p.8 02/18/2888 88:45 3862384753 APD AREA 12 DAYTONA PAGE 64/87 WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties: administrative fine not to excaed $1, 000 per offense; suspension or revocation of its license, and / or any other relief authorized by Chapter 393, Florida Statutes. or the rules promulgated thereto Edwin DeBardeleben, Area Administrator Agency for Persons With Disabilities COUNSEL FOR THE AGENCY; Gail Scott Hill, Senior Attorney; Florida Bar No. 909289 4030 Esplanade Way, Suite 380, Tallahassee, Florida 32399-0950 February 11, 2008 Altachments: Explanation of Rights Election of Rights Ferm CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 004 OFLQOBARS ERD ATE: alafex . (or) BY HAND-DELIVERY: A copy of the foregoing ADMINISTRATIVE COMPLAINT has been served me on this dayof_ 2008. Operator's Signature i Title

Docket for Case No: 08-001966