AGENCY FOR PERSONS WITH DISABILITIES,
Petitioner, License Number: 4677-6-GA v.
IKE SMITH GROUP HOME,
owned and operated by Florida Mentor, Inc.,
Respondent.
/
ADMINISTRATIVE COMPLAINT
The AGENCY FOR PERSONS WITH DISABILITIES, (“Petitioner” or “Agency”),
issues this Administrative Complaint against the Ike Smith Group Home, owned and operated by Florida Mentor, Inc. (“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: 6005 Ike Smith Road, Plant City, Florida, 33565.
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.
Pursuant to section 393.0673(1)(b), Florida Statutes, the Agency may also revoke or suspend a license or impose an administrative fine if “[t]he Department of Children and Family Services has verified that the licensee is responsible for the abuse, neglect, or abandonment of a child or the abuse, neglect, or exploitation of a vulnerable adult.”
1
COUNT I
Section 393.13(3)(a), Florida Statutes, states “[p]ersons 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.”
Section 393.13(3)(g), Florida Statutes, states “[p]ersons with developmental disabilities shall have the right to be free from harm, including unnecessary physical, chemical, or mechanical restraint, isolation, excessive medication, abuse, or neglect.”
Rule 65G-2.012(15), F.A.C. requires that “each client shall receive humane discipline”.
Rule 65G-2.012(15)(b), F.A.C. requires that “the 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.”
On or about September 11, 2011, staff members of the Ike Smith Group Home forced J.C. and J.M., two developmentally disabled adult residents of the group home, to stand on a colony of fire ants. J.C. was also forced to place his hands on the fire ant colony. Staff members of the group home told J.C. that he was being punished for allegedly stealing from one of the other group home staff members.
On or about September 13, 2011, a DCF Adult Protective Investigator spoke to one of the staff members who was present during the incident. The group home staff member stated that J.C. had been outside doing yard work and that no other clients had been outside.
During his investigation of the facility on September 13, 2011, Deputy Brett Seigler, of the Hillsborough County Sheriff’s Office, observed ant bites on J.C.’s hands and feet, as well as bruising on his upper thigh and chest. According to his report, Deputy Seigler also observed a several ant beds behind the group home. A pair of boots and a pair of socks were located next to one of the ant beds, and several ant beds appeared to have foot prints in the middle.
Martha Addison, a nurse employed by the Agency for Persons with Disabilities, examined J.C. at his grandparents’ home on September 14, 2011. During her examination, she discovered that J.C. had blisters on his hands and feet, and bruises on his chest and inner thighs. When asked about his injuries, J.C. stated that he had been beaten and kicked by staff members of the group home since the Thursday prior to incident, and that
staff members of the group home had forced J.C. to place both his hands and feet on the ant colonies. According to J.C., while his hands and feet were on the ant colony, staff members of the group home told him “This is what you get for stealing.”
Rebecca Rohrs, a licensing staff member employed by the Agency for Persons with Disabilities, visited the group home on September 14, 2011, and discovered that J.M. also had ant bites on both of his feet. A supervisor of the group home stated that J.M. had received the ant bites while doing yard work. This statement is inconsistent with a group home staff member’s prior statement to the DCF Adult Protective Investigator, where the staff member stated that J.C. had been the only client performing yard work.
The aforementioned incident constitutes violations of s. 393.13(3)(a), F.S., s. 393.13(3)(g), F.S., and rule 65G-2.012(15), F.A.C.
COUNT II
Rule 65G-2.012(23)(c) of the Florida Administrative Code, requires that group home facilities must treat incidents involving “serious illness, injury, death, assault, and missing clients” as an emergency. Further, the staff members of the home must “meet the immediate needs of the client and then report the incident by telephone to the [Agency for Persons with Disabilities’] area office. In case of suspected abuse, the incident shall also be reported to the Central Abuse Hotline.”
Section 415.1034, Florida Statutes, requires that the staff members of the group home facility are required to “immediately report” an incident to the abuse hotline if they “know[], or have reasonable cause to suspect, that a vulnerable adult has been or is being abused, neglected, or exploited.”
This incident was not reported to the Department of Children and Family Services’ (DCF) Central Abuse Hotline until the day after the incident, September 12, 2011.
This incident was also not reported to the Agency for Persons with Disabilities until September 12, 2011, the day after the incident occurred. When the first incident report was received, it did not include any factual information to explain how the facility’s clients had been abused or what medical care had been provided.
The aforementioned incident constitutes violations of rule 65G- 2.012(23)(c), F.A.C.
COUNT III
Rule 65G-2.012(4), F.A.C. requires the following:
Group home facility services shall include, but not be limited to, provision 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.
Section 393.13(4)(c), Florida Statutes states, in pertinent part, that “[e]ach client shall receive prompt and appropriate medical treatment and care for physical and mental ailments and for the prevention of any illness or disability.”
On September 11, 2011, after J.C. received ant bites on his feet and hands, a staff member of the group home sent a text message to the group home’s manager to report that J.C. had been bitten by ants.
J.C. was not provided medical treatment until September 12, 2011, when
J.C. woke up with his hands and feet swollen from dozens of ant bites.
The aforementioned incident constitutes violations of Rule 65G-2.012(4),
F.A.C and s. 393.13(4)(c), F.S.
WHEREFORE, Petitioner respectfully requests revocation of the license currently held by the Ike Smith Group Home, owned and operated by Florida Mentor, Inc., in accordance with Section 393.0673, Florida Statutes.
Dated: October 20, 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:
Florida Mentor, Inc. 3258 Parkside Center Circle Tampa, Fl 33619 | Geri Williams, APD Area 23 Administrator |
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the above named individuals by U.S. Mail, facsimile, or electronic mail, this 21st day of September, 2011.
Percy W. Mallison, Jr., Agency Clerk Agency for Persons with Disabilities 4030 Esplanade Way, Suite 380
Tallahassee, Florida 32399-0950
RESPONDENT: Ike Smith Group Home, owned and operated by Florida Mentor, Inc., Plant City, 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.
