Now 21 2008 9:29 Nov 21 2008 9:27AM APD 8504100665 STATE GF FLORIDA AGENCY FOR PERSONS WITH DISABILITIES AGENCY FOR PERSONS WITH DISABILITIES, License Nos, 6639, 6936, and 6931 Petitioner, % FRED ELEVATIONS, INC. ViGROUP HOME, SEP 1 9 Same ELEVATIONS GROUP HOME, INC., VIEGROUP HOME, POTENTIAL POSSIBILITIES GROUP HOME and Janice Philips, Qwner/Operator, Respondent. TRATIVE COMPLAINT The AGENCY FOR PERSONS WITH DISABILITIES, (Petitioner or “Agency’}, issues this Administrative Complaint against Elevations, inc. Vi Group Home, Elevations, Inc. VIE Group Home, and Potential Possibilities Group Horne owned and operated by Janice Philips, (or “Respondent(s)’}, and says: 1. Petitioner is the state agency charged with regulating the Hcensing 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 ines material to this complain’, Respondent has held three group home facility licerises issued by the Agency for residences at the follawing addresses: 2918 NE 10" Street, Gainesville, Florida, 2950 SE 19" Avenue, Gainesville, Florida, and 7127 NV 16" Avenue, Gainesville, Florida. P- ' i ; i mczmenioarietiannt hfe MLA a DN iin rn Now 21 2008 9:29 Nov 21 2008 9:27AM APD 8504100665 3. Section 393.0673(1 (a3), Florida Statutes, provides that the Agency may revoke or suspend 4 license, or impose and administrative fine ifthe fcensee has failed to comply with the applicable requirements of Chapter 393, Slorida Statutes, or the rules applicable fo the licensee. AL 4, Section 393, 13(4)(b(a), Flodda Statutes, states in pertinent par: Upon the discharge or death of a client, a final accounting shall be made of all personal and money belonging to the cllent heid by the Agency. All personal effects and money, including interest, shall be promplly turned! over to the cllent or his or her heirs. & On dune 10, 2008, all residents of the group homes operated by the Respondent were moved to olher homes on an emergency basis following the arrest of Janice Phillips and four of her staff members. 6. On July 11, 2008, a certified letter was sant to the Respondent from Jim Smith, APD Area 3 Administrator, requesting that the personal funds of the former residents of the group homes be transferred to those residents or thelr guardians. On July 21, 2008. a letter was faxed to Mr. Smith frarn the Respondent's attorney which advised that a portion of the funds were seized by law enforcement officers urler the authority of a search warrant. As of August 28, 2008, the Resparuent had failed te remit the total amount of furdis to the residents of the group homes. 7 Section 393.0655. Florida Statues, requires that direct service providers underge a background screening pursuant to Chapter 435, Flonéa Statutes, Such screening includes a criminal history check to ensure that prospective or current direct service providers have not commitied a disqualifying I : eine toeh bite inte at nthe Nov 21 2008 9:28AM APD Nov 21 2008 9:40 8504100665 p.7 offense as defined in Section 435.04, Florida Statutes. Section 393 0655(4), Florida Statutes, states, in part, that the agency shall revoke a license or pursue other remedies provided in Section 393 0673, Section 393.0675, er Section '8 Florida Statutes, for failure to cormply with this section. Additionally. Section 399.0855(4\(d), Florida Statutes, provides that: salon the part of ane employes to disrniss a manager, supervisor os ice provider who has been found to be in noncompliance wit la dards of this section shall result in automatic denial, termination or revocation of the license or certification, rate agreement, purchase order, or contract, in addition to any other remedies pursued hy the agency. 8 On January 28, 2002, Robert 8. Reed, one of the direct service providers employed by the Respondent, was convicied of contributing to the delinquency or dependency of a child, which a disqualifying offense under Section 435.04, Florida Statutes. The Respondent was provided that screening information in January 2007 but did not terminate his employment and continued io permit Mr. Reed to render direct care services to persons with developmental COUNT | 9 Based on the foregoing, Respondent violated Section 393.134). Florida Statutes, by falling to prormptly turn over personal effects and money to the former residenis of the group homes. COUNT 40. Based on the foragaing, Respondent violated Sections 393.0855 and $25.04, Florida Statutes, by failing to lerminale an employee with a disqualifying criminal Now 21 2008 9:31 Nov 21 2008 9:29AM APD 8504100665 p.8 WHEREFORE, Petivoner respectfully requests entry of an order imposing the following penalties: an administrative fine not to exceed $1,000 per offense and reveoation of each of the Respondent's licenses, and any other relief authorized by Chapter 293, Florida Statutes. or the rules promulgated thereto, this honorable tribunal deems fair and equitable. Dated Seplember 18, 2008 Assisiant General Counsel, Agency for Persons with Disabilities 4030 Esplanade Vay; Suite 260 Tallahassee, Florida 32399-0050 i Hrmaris: anation of Righis 1 : Poe em oy oe i Jim Smith, APD Program Administrator Area itl i ion af Riphis Form |

Docket for Case No: 08-005838

Orders for Case No: 08-005838