eed kk Mle ka Be be ves Acie. aad i a a coe ob lie sent to his room al at . > stares “by law enforcement, and the child was sheltered i ina foster home that night. The home manager | 00-1016 VU MD Division of Administrative Hearings TATE OF FLORIDA DEPARTMEN NAN cs FILER IN THE MATTER OF: FEB 0 8 2000 A Civil Penalty Against DCE Depari.. were Smorgan, Inc. Time , D/B/A/ Conway Manor Group me 2 -( _ OTTE COUNTY ADMINISTRATIVE COMPLAINT - Nature of the Case 1. This case arises from the developmental services group home facility’s failure to ~ comply with Chapter 393, Florida Statutes, and Rule 65B-6, Florida Administrative Code with respect to appropriate care of the developmentaily disabled. 2. This is an administrative action for imposition of civil penalties per known incident of occurrence as authorized in section 393.0673, Florida Statutes. 3. The State of Florida, ‘Department of Children and Families is the administrative agency of the State of Florida charged with the duty to enforce and administer the provisions of Chapter 393, Florida Statutes. 4. On June 24, 1999, Elizabeth Morgan, identifying herself as the owner of Conway Manor Group Home, made application to the Department to operate a developmental services "group home known as Conway Manor Group Home at 2467 Conway Boulevard, Port Charlotte, Florida, 33952. A conditional license, certificate # 089052-C, was issued effective August 1, 1999, to November | 1, 1999, 5. On July ‘15, ‘gp, the “department received a complaint that the group home managers weré not providing adequate supervision. Upon investigation it was leamed that on July 10, 1999, a fourteen year old ee eons disabled consumer left the group home after being found by law enforcement officials trying to called law enforcement sl following moming about 9:30 a.m., approximately an hour after support, guidance, supervision and assistance with training required to assure each individual the opportunity for personal growth and development, with services defined by the needs of the clients to be served., For the violation of Rule 65B-6.010(4), Florida Administrative Code, the department imposes a fine of $400. Additionally, the acts and practices described in paragraph 5 are violations of Rule 65B-6.010(21)(a), Florida Administrative Code, which requires that whenever the whereabouts of a client is unknown and the client is determined to be missing, the edi Bee of | the: District Administrator who i is assigned | to bé the contact person according to established procedures shall be notified immediately. For the violation of Rule 65B- 6.010(21)(a), Florida Administrative Code, the department imposes a fine of $100. vl ni A nM Al A igs LAS ns AME ie + bint tell SE ai aoe dnc TOTAL ADMINISTRATIVE FINE IS $800 : _ NOTIF ICATION OF RIGHTS" 7 lie 7. You, as Petitioner, have a right to request an administrative hearing, to be represented by counsel or other qualified representative, give parties or their counsel an opportunity, at a convenient time and place, to present the agency or hearing officer written or oral evidence in opposition to the action of the agency or to its refusal to act, or written statement challenging the grounds upon which the agency has chosen to justify its action or inaction. (a) Any hearing request or answer to this administrative complaint shall be made in writing and the response should include the following: 4 { 4 i (1). The name and address of each agency affected and each agency’s file or identification number, if known. an . (2). The name, address, and telephone number of the petitioner, the j pote <.. s,.-sname, address, and telephone number of the petitioner’s representative, ~~ ifany, which shall be the address for service purposes during the course of the proceeding and an explanation of how the petitioner’s substantial interest will be affected by the agency determination. 4 4 (3). A statment of when and how the petitioner received notice of the agency decision. (4). A statement of all disputed issues of material fact. If there are none, the petition must so indicate. : : (SFA concise statement of the ultimate facts alleged, as well as the 4 _ niles and statutes which entitle the petitioner to relief, and { a 6). A demand for relief i Shue ‘ : (b) Except for 00d cause: 3 ij, : Factual matters alleged in ‘his complaint and not ‘denied i in the F Request for Hearing shall be presumed admitted. ! i 2 I 4 2). Failure to raise a particular defense in the Request for Hearing aring shall b y! ] be denied by the Department. (d) Evidence shall not be taken on any issue not raised in the administrative “complaint and the Request for Hearing. ili a a he 1 li iii ile ML wantin Mine am Bevis dah eer ferme tee apereecee os One ce a ie Be a acelin ees it a coi aS : (e) If the Petitio rs desire to request a hearing, they must forward their request te: ee ‘By eee “Department of Children ahd Families . Cross Program Licensing 2 Post Offi ice Box 60085 Fort Myers, Florida 33906 Attention: Nancy Starr 8. This administrative complaint i is issued pursuant to Section 120. 569 and 120.57, ; Florida Statutes. Any proceeding concerning this complaint shall be conducted pursuant to the Model Rules of Procedure, Florida Administrative Code, Chapter 28. 9. The Petitioners are given full notice of this agency action. Unless a request for a hearing is received by the Department within thirty (30) days after receipt of this complaint, the "petitioner has waived the right to contest this action and this administrative complaint becomes final order of the Department. _ STATE OF ENT Orch * Patricia Richardson, Supervisor Cross Program Licensing Unit Post Office Box 60085 . Fort Myers, Florida 33906 all aE Ue ee sa i dk a i i ak i isl a ecb il ii a Lek ll 5 a ce li ili i a ali, bk a ae Seis kt a. Ent al «i All i iii il A ee lie a a el i i IIL ok a AAR RE Ke cB He, Ri RSRSENSRISSSRS AIS SRAM SRE SS Re eturn Receipt Requested, Certificate #Z 541 336 141 this 2nd day of September, 1999, to Elizabeth Morgan, Smorgan, Inc. d/b/a/ Conway Manor : Group F Home, 24246 Harborview Road, Port Charlotte, Florida 33980. a | Cross Program Licensing Post Office Box 60085 _ Fort Myers, Florida 33906

Docket for Case No: 00-001016