Aug 12 2010 14:45 Aug 12 2010 1:41PM APD 8504100665 STATE OF FLORIDA AGENCY FOR PERSONS WITH DISABILITIES AGENCY FOR PERSONS WITH DISABILITIES, License No. 10-2232GH Petitioner, Vv. COMMUNITY ENRICHMENT operated by COMMUNITY ENRICHMENT EMPOWERMENT ENTERPRISES, INC., Respondent. ADMINISTRATIVE COMPLAINT The AGENCY FOR PERSONS WITH DISABILITIES, (“Petitioner” or “Agency’), issues this Administrative Complaint against Community Enrichment operated by Community Enrichment Empowerment Enterprises, Inc. (or “Respondent”), and states the following as the basis for this complaint: 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 a group home facility license issued by the Agency for a residence at the following address: 1300 SW 63” Terrace, Plantation, Florida, 33317. The P- Aug 12 2010 14:45 Aug 12 2010 1:41PM APD 8504100665 Respondent also has contracted with APD to provide the residents with Medicaid waiver developmental disability services. 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. Section 393.0673(1)(b), Florida Statutes, provides that the Agency may revoke or suspend a license, or impose an administrative fine if the Department of Children and Family Services has verified that the licensee is responsible for the abuse, neglect, or abandonment of a child or the abuse, neglect, or exploitation of a vulnerable adult. Rule 65G-2.012(4), F.A.C. requires, in pertinent part, that: Group home facility services 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. Specific services to be provided shall be defined by the needs of the clients to be served. Consideration shall be given to age, sex, developmental level and specific needs. Rule 65G-2.012(15)(b), F.A.C. requires, in pertinent part, that: The facility shall 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 or to another person. Section 393.13(3)(g), Florida Statutes, states 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 P- Aug 12 2010 14:45 Aug 12 2010 1:41PM APD 8504100665 neglect. 8. Section 393.0655, Florida Statutes (2009), requires that all direct service 10. providers who are unrelated to their clients must successfully complete a Level 2 background screening prior to rendering services, unless under the direct and constant visual supervision of a person who does meet the screening requirements of section 393.0655, Florida Statutes. Direct service providers include volunteers, individuals who have access to a client’s living areas, and individuals who have access to client funds or personal property. “The agency shall deny, suspend, terminate, or revoke a license... or pursue other remedies... in addition to or in life of denial suspension, termination, or revocation for failure to comply with this section.” §393.0655, Florida Statutes (2009). Page A-8 of the Developmental Disabilities Waiver Services Coverage and Limitations Handbook (2008), incorporated into rule through Rule 59G-13.083(2), F.A.C., requires that each provider of waiver services must agree “to safeguard the health, safety, and well being of all recipients receiving services from the provider.” Section 393.506, Florida Statutes and Chapter 65G-7, F.A.C. require that staff who are not licensed to administer medication must satisfactorily complete a training course and be found competent to administer medication to a client in a safe and sanitary manner prior to administering medication to clients. P- Aug 12 2010 14:45 Aug 12 2010 1:41PM APD 8504100665 11. 12. 13. 14. 15. 16. FACTUAL ALLEGATIONS On March 5, 2010, the group home operated by the Respondent was serving three residents with developmental disabilities. One of the residents was an adult and the other two residents were nonverbal children. At all times relevant to this complaint, the two children in the home were scheduled to receive a number of prescribed medications on a daily basis. At approximately 9:00 am on March 5, 2010, the two owners and operators of the group home departed the residence and left the adult client in charge of the two younger children until another individual, Mary Sanon, could arrive. Ms. Sanon arrived at the home at approximately 7:00 pm on March 5, 2010. Ms. Sanon stated that when she arrived at the group home there was no one there except the three clients. As of March 6, 2010, Ms. Sanon had not yet completed the background screening process and was not trained or validated to administer medications to the clients of the group home. On March 6, 2010, Ms. Sanon called the police while one of the minor residents of the home, J.S., was experiencing a behavioral outburst and subsequently broke a window in the group home. Police officers arrived on scene and found that Ms. Sanon had locked the residents in the home and also informed police that she was unable to calm the residents down. P- Aug 12 2010 14:47 Aug 12 2010 1:42PM APD 8504100665 17. 19. 20. 21. 22. Police officers spoke with Ms. Sanon at the group home and also spoke with the owners and operators, Maryse and Ardain Isma, via telephone who informed the police that they would be there shortly. Ms. Sanon reported to police officers on the scene that she did not know the names of the children or anything about the medications they were scheduled to receive. Police officers learned that Mr. and Mrs. Isma had called several individuals, immediately following their arrival at the home, and directed them to go to the group home to pose as staff in an attempt to get the police to leave the scene. A subsequent investigation conducted by the Department of Children and Families was ultimately closed with verified indicators of neglect on the part of the Respondent. Mr. and Mrs. Isma were subsequently arrested for felony child neglect as a result of this incident. COUNT I. Based on the foregoing, the Respondent violated page A-8 of the Developmental Disabilities Waiver Services Coverage and Limitations Handbook (2008), incorporated into rule through Rule 59G-13.083(2), F.AC., Rule 65G-2.012(15)(b), F.A.C., Section 393.13(3)(g), Florida Statutes, and Rule 65G-2.012(4), F.A.C. by leaving group home residents in the care of unqualified caregivers. GOUNT I. Based on the foregoing, the Respondent violated Section 393.0655, F.S., P- Aug 12 2010 14:47 Aug 12 2010 1:42PM APD 8504100665 23. 24. by allowing an individual who is unrelated to the Respondent's clients to provide direct care services without supervision prior to the completion of - background screening required pursuant to section 393.0655, Florida Statutes. COUNT IIL. Based on the foregoing, the Respondent violated Section 393.506, Florida Statutes, page A-8 of the Developmental Disabilities Waiver Services Coverage and Limitations Handbook (2008), incorporated into rule through Rule 59G-13.083(2), F.A.C., and Chapter 65G-7, F.A.C. by failing to properly administer medication to clients and by allowing an untrained individual to be responsible for the administration of medication to clients with developmental disabilities. COUNT IV Based on the foregoing, the Respondent violated Section 393.0673(1)(b), Florida Statutes, because the Department of Children and Family Services has verified that the Respondent is responsible for the neglect of two children and a vulnerable adult. WHEREFORE, Petitioner respectfully requests entry of an order imposing the following penalties: revocation of licensure and/or any other relief authorized by Chapter 393, Florida Statutes, or the rules promulgated thereto, this honorable tribunal deems fair and equitable. P- Aug 12 2010 14:47 Aug 12 2010 1:42PM APD 8504100665 p.10 Dated: July 23, 2010 Jonathan Grabb Senior Attorney, Office of General Counsel Agency for Persons with Disabilities 4030 Esplanade Way, Suite 380 Tallahassee, Florida 32399-0950 Ce/ -Martha Martinez, APD Area 10 Administrator Attachments: Explanation of Rights Election of Rights Form Aug 12 2010 14:47 Aug 12 2010 1:42PM APD 8504100665 Copies furnished to: Community Enrichment Empowerment Martha Martinez Enterprises, Inc. APD Area 10 Administrator 1300 SW 63" Terrace Plantation, Fl 33317 CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy of the above named individuals by U.S. Mail or electronic mail, this 23rd day of July, 2010. Percy W. Mallison, Jr., Agency Clerk Agency for Persons with Disabilities 4030 Esplanade Way, Suite 380 Tallahassee, Florida 32399-0950 -11 Aug 12 2010 14:47 Aug 12 2010 1:43PM APD 8504100665 STATE OF FLORIDA AGENCY FOR PERSONS WITH DISABILITIES ELECTION OF RIGHTS. RESPONDENT: _Community Enrichment, operated by Community Enrichment Empowerment Enterprises, Plantation, 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. | dispute the material facts alleged in the Administrative Complaint and request an evidentiary hearing pursuant to Section 120.57(1), Florida Statutes. Specifically, | dispute the following material facts: ; 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 21 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 -1le2 Aug 12 2010 14:48 Aug 12 2010 1:43PM APD 8504100665 p.13 Signature: Date: Print Name: Title: Business Location Address: City State Zip Mailing Address City State Zip 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. Aug 12 2010 14:48 Aug 12 2010 1:43PM 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. |f 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 21 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 21 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. 10 ~14

Docket for Case No: 10-007450

Orders for Case No: 10-007450