Apr i? 2008 14:57 Apr 17 2008 2:56PM APD 8504100665 STATE OF FLORIDA AGENCY FOR PERSONS WITH DISABILITIES AGENCY FOR PERSONS WITH DISABILITIES, License No. 07-12-052. Petitioner, Vv. ‘APD Pen MY got LOVING HAND FOSTER HOME, INC., ig 2g Respondent. ADMINISTRATIVE COMPLAINT The AGENCY FOR PERSONS WITH DISABILITIES, (“Petitioner”), files this Administrative Complaint against LOVING HAND FOSTER HOME, 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 LOVING HAND FOSTER HOME, INC. has, at all times material hereto, held a residential facility license issued by the Agency for Persons with Disabilities for a residence at the following address: 566 10" Street, Holly Hill, Florida. 3. Respondent’s business address of record with APD is 566 10" Street, Holly Hill, Florida. 4, On Thursday, January 11,2008, Owner Ms. Rabha El Assal Merlino was arrested and charged with abusing a disabled adult, according to Port Orange Police P- Apr i? 2008 14:57 Apr 17 2008 2:56PM APD 8504100665 Captain Frank Surmaczewicz, after police viewed a videotape showing Ms. Merlino physically abusing two of her clients. 5. According to the Incident Report filed by Officer Sean Warren of the Port Orange Police Department, Mr. V. Martino advised an officer that he had recently become suspicious that Ms. Merlino might be physically abusing his son, who has cerebral palsy and cannot walk or sit up, while she was caring for him. 6. Officer Warren’s Report states that in December Mr. Martino installed a hidden video camera in his residence and his review of video footage contained images of Ms. Merlino being physically abusive towards his son Vincent and a 42-year-old man severely handicapped with cerebral palsy named “Timmy.” Mr. Martino turned over seven VHS videotapes to Officer Warren showing footage of abuse and neglect as well as Ms. Merlino’s theft of prescription medication and bags of food. 7. Officer Warren reports further that when he reviewed the tapes, he observed footage taped January 4, 2008 of Ms. Merlino striking “Timmy” with an open hand in the face and head more than twelve times, and footage of Ms. Merlino striking Vincent Martino in the face with her right hand while he was sitting on the floor. Footage taped on December 18, 2007 shows Ms. Merlino kicking Vincent while he was on the floor of the living room. Four other video tapes show Ms. Merlino committing various thefts while at the residence during January, 2008. 8. The Report adds that the videotapes have been tumed over to Detective David Meyer for further investigation and that Officer Warren has notified the Department of Children and Families of the Report for that agency’s investigation of the abuse, as well P- Apr i? 2008 14:57 Apr 17 2008 2:56PM APD 8504100665 as for the possible danger to “Timmy,” who Officer Warren believed to be in Ms. Merlino’s full time care. 9. The Agency removed its clients immediately to another licensed residential facility and filed an Emergency Order suspending the license of Loving Hand Foster Home, Inc., through the authority of sections 393.0673(4) and 120.60, Florida Statutes. COUNT I. 10. Rule 65G-2.012(4), Florida Administrative Code, provides in pertinent part that “group home facilities 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.” 11. Based on the foregoing, Respondent violated Rule 65G-2.012(4) by failing to provide appropriate physical care and support. COUNT Ii. 12. Section 393.13(3)(g), Florida Statutes, provides that persons with disabilities shall have a right to be free from harm, including unnecessary physical, chemical, or mechanical restraint, isolation, excessive medication, abuse, or neglect. 13. Based on the foregoing, Respondent violation section 393.13(3)(g), Florida Statutes, by abusing and neglecting Agency clients in her care. P- Apr 1? 2008 14:53 Apr 17 2008 2:56PM APD 8504100665 COUNT IIL. 14. Section 393.067(13), Florida Statutes, provides that facilities and programs licensed pursuant to that section shall adhere to all rights specified in section 393.13, Florida Statutes. 15. Based on the foregoing, Respondent failed to comply with section 393.067(13), Florida Statutes. WHEREFORE, Petitioner respectfully requests entry of an order imposing one or more of the following penalties: administrative fine not to exceed $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. il Scott Hill ior Attorney, Agency for Persons with Disabilities January 14, 2008 Attachments: Explanation of Rights Election of Rights Form P-

Docket for Case No: 08-001965