Now 14 2008 10:27 Nov 14 2008 10:25AM APD 8504100665 STATE OF FLORIDA AGENCY FOR PERSONS WITH DISABILITIES AGENCY FOR PERSONS WITH DISABILITIES, ; License Nos. 089289 and 089308 Petitioner, v. . FILED SILKY’S GROUP HOME, INC., APD Agency Clerk SEP | 9 ay Respondent. ADMINISTRATIVE COMPLAINT The AGENCY FOR PERSONS WITH DISABILITIES, (“Petitioner” or “Agency”), issues this Administrative Compiaint against Silky’s Group Home, Inc. (or “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. At all times material to this complaint, Respondent has held two group home facility licenses issued by the Agency for residences at the following addresses: 6008 Acorn Circle, LaBelle, Florida and 5018 Rosebud Circle, LaBelle, Fiorida. 3. Section 393.0873(1)(a)(3), Florida Statutes, provides that the Agency may revoke or suspend a license, or impose an administrative fine if the licensee P- Now 14 2008 10:27 Nov 14 2008 10:25AM APD 8504100665 has faited to.comply with the applicable requirements of Chapter 393, Florida Statutes, or the rules applicable to the licensee. FACTUAL ALLEGATIONS 4. Section 393.0655, Florida Statutes requires that direct service providers undergo a background screening pursuant to Chapter 435, Florida Statutes. Such screening includes a criminal history check to ensure that prospective or current direct service providers have not committed a disqualifying offense as defined in Section 435.04, Florida Statutes. Section 393.0655(1)(e), Florida Statutes, provides that a direct service provider who is awaiting the completion of background screening is temporarily exempt from the screening requirements under section 393.0655, Florida Statutes, as long as such service provider is under the direct and constant visual supervision of persons who meet the screening requirements of this section. 5. On April 10, 2008, the Respondent hired Brenda Albritton to work in its group home located on Acorn Circle. At various points during the month of April 2008, the Respondent permitted Ms. Albritton to render services to the residents of the group home on an unsupervised basis prior to receipt of her background screening clearance. 6. Section 393.067(4)(d), Florida Statutes, requires, in pertinent part, that applications for licensure shall be under oath and shall contain “the number and type of residents or clients for which maintenance, care, education or treatment is to be provided by the facility or program.” In addition, Rule 65G-2.006(1), F.A.C. provides: P- Now 14 2008 10:27 Nov 14 2008 10:25AM APD 8504100665 The Agency shall determine the number of clients a facility may accomodate. This number shall be the maximum licensed capacity of the facility. 7. On April 25, 2007, Agnes George, the Director of Silky’s Group Home, Inc., attested on the Respondent's Appication for Renewal of License that the licensed capacity for the group home located on Rosebud Circle would be for six adult males or females with developmental disabilities. On May 8, 2008, the Area 8 APD office issued a standard license to allow the continued operation of the group home on Rosebud Circle. The aforementioned license had an effective date of July 1, 2007 with a designated maximum capacity of six adults with developmental disabilities. 8. In June 2008, six adults were residing at the group home. During this time the Respondent allowed an additional adult with developmental disabilities to reside in the Rosebud Circle home for ten days which resulted in that facility exceeding its licensed capacity. COUNT 1. 9. Based on the foregoing, Respondent violated Section 393.0655, Florida Statutes, by permitting an employee to render services to the residents of the Acorn Circle Group Home on an unsupervised basis prior to receipt of her background screening clearance. P- Now 14 2008 10:27 Nov 14 2008 10:25AM APD 8504100665 COUNT IL 40. Based on the foregoing, Respondent violated 393.087(4)(d), Florida Statutes and Rule 65G-2.006(1), F.A.C., by exceeding the licensed capacity of one of its group homes. WHEREFORE, Petitioner respectfully requests entry of an order imposing the following penalties: administrative fine not to exceed $1,000 per offense and/or any other relief authorized by Chapter 393, Florida Statutes, or the rules promulgated thereto, this honorable tribunal deems fair and equitable. Dated: September 17, 2008 fer par- Brian McGrail, FBN 0603252 Assistant General Counsel, Agency for Persons with Disabilities 4030 Esplanade Way, Suite 380 Tallahassee, Florida 32399-0950 Cc/ Marsha Vollmar, APD Administrator, Area 8 Attachments: Explanation of Rights Election of Rights Form P- Now 14 2008 10:28 Nov 14 2008 10:25AM APD 8504100665 ‘ ‘* STATE OF FLORIDA AGENCY FOR PERSONS WITH DISABILITIES ELECTION OF RIGHTS RESPONDENT: __ Silky’s Group Home, Inc., LaBelle, Florida | have read the accompanying Administrative Complaint and Explanation of Rights in this matter, and Elect the following hearing option: O ldo not dispute the facts alleged in the Administrative Complaint and wish to be heard on the issue of penalty or conclusions of law. | request an informal hearing pursuant to Section 120.57(2), Florida Statutes. | understand that at that hearing | will be permitted to submit only written or oral evidence in litigation of the charges or explain why the facts alleged do nat constitute a violation of law. O | dispute the material facts alleged in the Administrative Complaint and. . request an evidentiary hearing pursuant to Section 120.57(1), Florida Statutes. 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 30 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 P- Now 14 2008 10:28 Nov 14 2008 10:26AM APD 8504100665 MAIL OR FAX THE COMPLETED FORM TO: Debra Scott, Agency Clerk Agency for Persons with Disabilities, 4030 Esplanade Way, Suite 380 Tallahassee, Florida 32399-0950 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. -10 Now 14 2008 10:28 Nov 14 2008 10:26AM APD 8504100665 STATE OF FLORIDA AGENCY FOR PERSONS WITH DISABILITIES EXPLANATION OF RIGHTS 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 inciuded with the Administrative Complaint. The Agency must receive it within 30 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. IMPORTANT: if the Agency does not receive a completed copy of the Election of Rights form, or any other written response from you, within the 30 days of your receipt of this Administrative Complaint, you may have waived your right to a hearing in this matter and the Agency may proceed against you in this matter without your participation. Please note, per Chapter 120.573, Florida Statutes, mediation is not available in this action. -11

Docket for Case No: 08-005681