7) STATE OF FLORIDA ? on ~ DEPARTMENT OF CHILDREN AND FAMILIES ‘%o_ “+ & IN THE MATTER: A Civil Penalty Against ARC / DeSoto County Lasolona Avenue Group Home DESOTO COUNTY ADMINISTRATIVE COMPLAINT Nature of the Case 1. This case arises from the Developmental Service Facility’s failure to comply with Chapter 393, Florida Statutes, and Rule 65B-6.010, Florida Administrative Code, Group Home Facility Standards, as it relates to living accommodations, appropriate care, discipline, administering medications, and client funds. 2. This is an administrative action for imposition of civil penalties per known incidents of occurrence as authorized in Chapter 393.0673 (1), 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, and Rule 65B-6, Florida Administrative Code. 4. On June 11, 1999, John Beck, identifying himself as the Executive Director of DeSoto County Association for Retarded Citizens, made application to the department to operate a group home known as the LaSolona Avenue Group Home at 320 LaSolona Avenue, Arcadia, Florida, 34266. A standard license was issued effective August 1, 1999 to August 1, 2000. 5. During a relicensing inspection on June 23, 2000, the facility was cited for deficiencies in overall maintenance, including but not limited to, interior and furnishings in good repair, exterior and grounds in good repair, outdoor garbage and/or waste covered or removed, accumulation of debris and/or unusable possessions, and inadequate pest control. Following that, the group home was inspected by environmental health specialists and received an “unsatisfactory” rating on July 3, again on July 18, and again on July 27. The facility did not receive an approved environmental health inspection until August 1, 2000. 6. On July 31, the department received a complaint alleging hazardous living conditions, inadequate care, inappropriate discipline, and possible exploitation of the consumers. Upon investigation, agents of the department found food waste scattered about the area, dirty floors, dishes, and kitchen counter, piles of wet clothing in water caused by the leaking hot water heater, animal feces on the porch, soiled carpet and chairs, a torn mattress and cover. 7. The acts and practices described in paragraph 5 and 6 are violations of Rule 65B-6.010 (4) and (8)(1) and (m), F.A.C. Rule 65B-6.010 (4), F.A.C, requires the group home facility services to include provision of adequate living accommodations. Rule 65B-6.010 (8), F.A.C., requires that the facility maintain the interior and exterior of the building in a clean, safe, presentable and repaired condition and the grounds and all buildings on the grounds shall be maintained in a safe, sanitary and presentable condition. The rule further requires that outdoor garbage and waste be covered and emptied as often as necessary to prevent public nuisance, health hazards and unsightliness. The facility is required to be kept free of unnecessary and unusable accumulations of possessions that may constitute health and/or fire hazards. Rule 65B-6.010 (8)(m), F.A.C., requires that the group home be maintained free of infestations of insects and rodents. In this matter of inadequate living conditions, the department is imposing the administrative fine of $100 per day for 29 days of deficient conditions for a total fine of $2900. During the complaint investigation on July 31, it was revealed that at least one of the consumers had been disciplined inappropriately by onsite staff. The consumer stated that when she was told to stand in a corner, she refused, and the staff member pushed her to the floor and sat on her back. This particular consumer was also confined to her room as punishment and had possessions removed. The acts and practices described in paragraph 8 are violations of Rule 65B-6.010 (4), F.A.C., which requires that group home services include appropriate physical care, support, guidance, supervision and assistance with training required so as to assure each individual the opportunity for personal growth and development. Rule 65B-6.010(15)(b), F.A.C., further requires that the facility 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. In this matter the department is imposing an administrative fine of $100 per known incident of inappropriate care. . At the relicensing inspection of June 23 and ina letter dated July 17, it was noted by the counselor that medication given on the weekend had not been documented in the log. Subsequently, at the inspection on July 31, the counselor noted that it was impossible to determine if medication was being given properly as the bubble packs did not match the documentation in the log. It was also written that one consumer was out of her medication. . The acts and practices described in paragraph 10 are violations of Rule 65B-6.010 (4) which requires that the group home services to include appropriate physical care, and Rule 65B- 6.010 (14)(d), F.A.C., which requires that daily records must be kept of prescription and/non- prescription medication administered. The record must specify the client’s name, date, time, dosage, name of medications and signature of person administering the medications. In this matter, the department is imposing a fine of $ 100 per known incidents of medication administration deficiencies, resulting in a total fine of $300. - On May 17, 2000, the contract review unit monitored the group home and found deficiencies in the accounting of consumers’ funds. The actual cash on hand did not balance to the disbursement sheets, bank statements were not available for comparison with the consumer’s savings accounts books; and receipts for spending were not available for review. Correspondence from the monitoring unit reveals that as of August 14, 2000, there was still no reconciliation of consumers’ funds. . The acts and practices described in paragraph 12 are violations of Rule 65B-6.010 (2)(b), F.A.C., which requires individual client accounts for incidental expenses be identified, and Rule 65B-6.010 (3)(a)(7), F.A.C., which requires the group home facility to maintain client records that include an accounting of the client’s funds received and/or distributed by the vendor. In this matter, the department is imposing a fine of $100 per consumer (6) per month (3) that the client funds are known not to have been reconciled, for a total fine of $1800. TOTAL ADMINISTRATIVE FINE IS $5100 NOTIFICATION OF RIGHTS . 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: (1) The name and address of each agency affected and each agency’s file or Identification number, if known. (2) The name, address, and telephone number of the petitioner, the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposed during the course of the proceeding and an explanation of how the petitioner’s substantial interest will be affected by the agency determination. (3) A statement 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. (5) A concise statement of the ultimate facts alleged, as well as, the rules and statutes which entitle the petitioner to relief, and (6) A demand for relief, (b) Except for good cause: (1) Factual matters alleged in this complaint and not denied in the Request for Hearing shall be presumed admitted. (2) Failure to raise a particular defense in the Request for Hearing will be considered a waiver of such defense. (c) Any new matter raised in the Request for Hearing shall be presumed to be denied by the Department. (d) Evidence shall not be taken on any issue not raised in the administrative complaint and Request for Hearing. (e) If the Petitioner desires to request a hearing, you must forward your request to: Department of Children and Families Cross Program Licensing Post Office Box 60085 Fort Myers, Florida 33906 Attention: Nancy Starr 15, This administrative complaint 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. 16. The Petitioners are given full notice of this agency action. Unless a request for a hearing is received by the department within twenty-one (21) 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 FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES fabiicie Patricia Richardson, Supervisor Cross Program Licensing A afc Rehak, fe #255084 District Legal Counsel Post Office Box 60085 Fort Myers, Florida 33906 Certificate of Service I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Regular US Mail and Certified Mail, Return Receipt Requested, Certificate # Z 177 078 827, this 28" day of August 2000 to Phillip Garris, Executive Director, ARC/ DeSoto County, Post Office Box 787, Nocatee, Florida, 34268. 1 HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Regular US Mail and Certified Mail, Return Receipt Requested, Certificate # Z177 078 828, this 28" day of August 2000 to Mary Savoie, Registered Agent, 7995 SW Highway 70, Arcadia, Florida, 34266. STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Pilkivcw (e Cross Program Licensing Post Office Box 60085 Fort Myers, Florida 33906

Docket for Case No: 00-004024