Mar 1 2010 9:44 Mar O1 2010 93:40AM APD 8504100665 STATE OF FLORIDA AGENCY FOR PERSONS WITH DISABILITIES AGENCY FOR PERSONS WITH DISABILITIES, License No. 15-1388 Petitioner, ve Bonnie’s Group Home, Respondent. ADMINISTRATIVE COMPLAINT The AGENCY FOR PERSONS WITH DISABILITIES, (‘Petitioner” or “Agency’), issues this Administrative Complaint against Bonnie’s Group Home, (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 one group home facility license issued by the Agency for a residence at the following address: 651 Addie Street, Port St. Lucie, Florida, 34983. 3. Section 393.0673(1)(a)(3), Florida Statutes, provides that the Agency may revoke or suspend a license, or impose an administrative fine if the licensee has failed to comply with the applicable requirements of Chapter 393, Florida Statutes, or the rules applicable to the licensee. P- Mar O1 2010 93: 7. Mar 1 2010 9:44 40AM APD 8504100665 FACTUAL ALLEGATIONS _ Rule 65G-2.012(23)(c), F.A.C. requires, in pertinent part, that: Serious illness, accident, injury, death, assault, and missing clients should be handled as an emergency. The staff should meet the immediate needs of the client and then report the incident by telephone to the area office as instructed by the social worker serving the facility. _ Section 393.13(3)(g), F.S. provides that: Persons with developmental disabilities shall have a right to be free from harm, including unnecessary physical, chemical, or mechanical restraint, isolation, excessive medication, abuse, or neglect. . Section 393. 13(4)(c), F.S. provides that: Each client shall receive prompt and appropriate medical treatment and care for physical and mental ailments and for the prevention of any illness or disability. On September 29, 2009, S.W., a vulnerable adult resident of Bonnie’s Group Home, reported to staff employed by the Respondent that he was not feeling well. S.W. returned to bed and subsequently slept for the remainder of the day. 8. Tonya Wright, a staff member employed by the Respondent, monitored the vital signs of S.W. at various times between September 29, 2009 and October 1, 2009. Ms. Wright is not a licensed health care professional and has received no medical training related to the interpretation of vital signs. 9. On October 1, 2009, Marie Joseph, the owner of Bonnie's Group P- Mar 1 2010 9:44 Mar O1 2010 93:40AM APD 8504100665 Home, called 911 after observing that S.W. was ill and not as alert as usual. S.W. was transported to St. Lucie Medical Center via ambulance and was later admitted to the Intensive Care Unit within the hospital. He was subsequently placed on a ventilator to assist him with breathing. 10. Atno point during the three-day period between September 29, 2009 (when S.W. reported not feeling well) and October 1, 2009 (until the time of the 911 call) did the Respondent attempt to obtain medical attention for S.W. 11. S.W. was ultimately diagnosed with pleural effusion, severe pneumonia, and severe sepsis. Dr. Petry, the attending physician, stated that, in his professional opinion, S.W. would not have survived if he had been brought in one day later. 42. A subsequent protective services investigation conducted by the Department of Children and Families was closed on November 10, 2009 with verified indicators of inadequate supervision and medical neglect. COUNT |. 13. Based on the foregoing, the Respondent violated rule 65G-2.012(23){c), F.A.C. by failing to meet the immediate needs of $.W. after he first became ill, COUNT IL 14, Based on the foregoing, the Respondent violated s, 393.13(3)(g), F.S. by failing to protect S.W. from neglect. COUNT Hil. 15. Based on the foregoing, the Respondent violated s. 393.13(4)(c), F.S. by failing to arrange for the provision of prompt and appropriate medical P- Mar 1 2010 9:45 Mar O1 2010 93:40AM APD 8504100665 treatment and care for S.W. after he became ill. 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: December 1, 2009 (lb Juay Collins Assistant General Counsel, Agency for Persons with Disabilities 4030 Esplanade Way, Suite 380 Tallahassee, Florida 32399-0950 Ccf Peter Karlan, APD Area 15 Administrator Attachments: Explanation of Rights Election of Rights Form P- Mar 1 2010 9:45 Mar O1 2010 9:41AM APD 8504100665 STATE OF FLORIDA AGENCY FOR PERSONS WITH DISABILITIES ELECTION OF RIGHTS RESPONDENT: _Bonnie’s Group Home, Port St. Lucie, Florida. | have read the accompanying Administrative Complaint and Explanation of Rights in this matter, and Elect the following hearing option: | do 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 mitigation of the charges or explain why the facts alleged do not constitute a violation of law. 0 1 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: a Business Location Address: City State Zip a Mailing Address City State Zip P- Mar 1 2010 9:45 Mar O1 2010 9:41AM APD 8504100665 MAIL OR FAX THE COMPLETED FORM TO: Pete Mallison, Agency Clerk Agency for Persons with Disabilities, 4030 Esplanade Way, Suite 380 Tallahassee, Florida 32399-0950 Fax: (850) 410-0665 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. P- Mar 1 2010 9:45 Mar O1 2010 9:41AM APD 8504100665 p.10 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 included 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. Mar 1 2010 9:45 Mar O1 2010 9:41AM APD 8504100665 p.11 CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy of this Administrative Complaint was provided to the named individuals below at the listed addresses, by U.S. Mail, facsimile, or electronically, this 3° day of December, 2009. Percy W. Mallison, Jr., Agency Clerk Agency for Persons with Disabilities 4030 Esplanade Way, Suite 380 Tallahassee, Florida 32399-0950 Copies furnished to: Marie Febonie Joseph APD Area Office 651 Addie Street Port St. Lucie, Florida 34983

Docket for Case No: 10-000999

Orders for Case No: 10-000999