STATE OF FLORIDA AGENCY FOR PERSONS WITH DISABILITIES AGENCY FOR PERSONS WITH DISABILITIES, Petitioner, 7002 2410 OOOb 44982 0483 Vv. License No. 5405-5-GA Russell Manor Group Home, owned and operated by Reaching Out Group Inc., Respondent. / ADMINISTRATIVE COMPLAINT The AGENCY FOR PERSONS WITH DISABILITIES, (‘“Petitioner” or “Agency’), issues this Administrative Complaint against Joseph Oasis Group Home, owned and operated by Reaching Out Group Inc., (or “Respondent”), and states the following as the basis for this complaint: ‘di Petitioner is the state agency charged with regulating the licensing and operation of foster care facilities, group home facilities, residential habilitation centers, and comprehensive transitional education programs pursuant to § 20.197 and § 393, Fla. Stat. (2015). 2. At all times material to this complaint, Respondent has held a group home facility license issued by the Agency for the following address: and 1300 Russell Drive North, St. Petersburg, Florida 33710. The Respondent also has contracted with APD to provide the residents with Medicaid Waiver developmental disability services. 3; Fla. Stat. § 393.0673 (2015), sets forth the Agency’s authority for denial, suspension, or revocation of license; moratorium on admissions; and administrative fines. Fla. Stat. § 393.0673(1) (2015), provides that the Agency may revoke or suspend a license or impose an administrative fine, not to exceed $1,000 per violation per day, if the Department of Children and Families 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. 4. Fla. Stat. § 393.0673(1) (2015), provides that the Agency may revoke or suspend a license or impose an administrative fine, not to exceed $1,000 10. per violation per day, if the licensee has failed to comply with the applicable requirements of this chapter or rules applicable to the licensee. Fla. Stat. § 393.067(7) (2015), states that “[t]he agency shall adopt chapters establishing minimum standards for facilities and programs licensed under this section...” Pursuant to Fla. Admin. Code R. 65G-2.008(2) (2014), “[t]he licensee must comply with the screening requirements established in Section 393.0655, F.S. and Chapter 435, F.S. A violation of this subsection shall constitute a Class | violation.” Pursuant to Fla. Stat. § 393.0655(1) (2015), “[t]he agency shall require level 2 employment screening pursuant to chapter 435 for direct service providers who are unrelated to their clients, including support coordinators, and managers and supervisors of residential facilities or comprehensive transitional education programs licensed under this chapter and any other person, including volunteers, who provide care or services, who have access to a client's living areas, or who have access to a client's funds or personal property.” Pursuant to Fla. Stat. § 393.0655(5) (2015), “[t]he background screening conducted under this section must ensure that, in addition to the disqualifying offenses listed in s. 435.04, no person subject to the provisions of this section has an arrest awaiting final disposition for, has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or has been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under any of the following provisions of state law or similar law of another jurisdiction.” Pursuant to Fla. Stat. § 435.04(2)(ii) (2015), “[t]he security background investigations under this section must ensure that no persons subject to the provisions of this section have been arrested for and are awaiting final disposition of, have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or have been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under any of the following provisions of state law or similar law of another jurisdiction:...(ii) Section 827.03, relating to child abuse, aggravated child abuse, or neglect of a child.” Fla. Admin. Code R. 65G-2.0041(4)(a)1. (2014), defines Class | statutory or chapter violations as follows: “violations that cause or pose an immediate threat of death or serious harm to the health, safety or welfare of a resident and which require immediate correction. Class | violations include all instances 11: 12. 13. 15. 16. where the Department of Children and Families has verified that the licensee is responsible for abuse, neglect, or abandonment of a child or abuse, neglect or exploitation of a vulnerable adult.” Fla. Admin. Code R. 65G-2.0041(4)(a)2. (2014), states that “Class | violations may be penalized by a moratorium on admissions, by the suspension, denial or revocation of the license, by the nonrenewal of licensure, or by a fine of up to $1,000 dollars per day per violation. Administrative sanctions may be levied notwithstanding remedial actions taken by the licensee after a Class | violation has occurred.” COUNT | On or about November 10, 2015, James Hyppolite, president of Reaching Out Group Inc., engaged in physical discipline of a minor child, his eight year old stepson. He allegedly struck the child repeatedly with a belt and cord, grabbed his face and choked him, and punched him in the stomach. The Department of Children and Families commenced an investigation into this incident on or about November 11, 2015. The child was seen by the Child Protection Team and was observed to have light red linear marks on his left cheek and jawline, bruising to his thighs and buttocks, as well as a loop mark on the left side of his waist. The investigation by the Department of Children and Families was subsequently closed with verified findings of physical abuse on the part of James Hyppolite. The aforementioned physical abuse and injury to a minor child, resulting in verified findings of abuse upon the licensee by the Department of Children and Families, is a Class | violation as defined by Chapter 65G- 2.0041(4)(a)1., Florida Administrative Code. Count Il On November 12, 2015, the licensee, James Hyppolite of Reaching Out Group Inc., was arrested by the Pinellas County Sheriff's Office and charged with felony child abuse, s. 827.03, Florida Statutes, which is a prohibited offense. The arrest on a prohibited offense constitutes a violation of § 393.0655(5), Fla. Stat. (2015), § 435.04(2)(ii), Fla. Stat. (2015), Fla. Admin. Code R. 65G-2.008(2) (2014), and is a Class | violation. WHEREFORE, based on the aforementioned violations of rules and laws applicable to the licensee as described above, Petitioner respectfully requests we revocation of the group home license held by Russell Manor Group Home, owned and operated by Reaching Out Group Inc., in accordance with § 393.0673(1), Fla. Stat. (2015). Jeannette Estes Senior Attorney Office of the General Counsel Agency for Persons with Disabilities 200 N. Kentucky Ave., Suite 422 Lakeland, FL 33801 Copies furnished to: James Hyppolite Jeffrey Smith Reaching Out Group Inc. Regional Operations Manager 3400 Beechwood Terrace APD Suncoast Region Pinellas Park, FL 33781 CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy of this Administrative Complaint was provided to the above-named ot CPD. addresses, by U.S. Mail or , 2016. electronic mail, this day of Jeannette Estes Attorney for Respondent STATE OF FLORIDA AGENCY FOR PERSONS WITH DISABILITIES EXPLANATION OF RIGHTS FOR ADMINISTRATIVE COMPLAINT The enclosed Administrative Complaint charges you with violating one or more provisions of Chapter 393, Florida Statutes, or the chapters supplementing that Chapter. If you have questions regarding your response or best course of action, you may wish to seek the advice of 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 dispute the violations and alleged material facts in the Complaint and request a formal hearing with the Division of Administrative Hearings 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. In the alternative, you may elect to not dispute the material facts alleged in the Complaint and request that an informal 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 is raised during the informal hearing, the hearing will be terminated and the case referred to the Division of Administrative Hearings for a formal hearing before an Administrative Law Judge. 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 will be considered to have waived your right to a hearing in this matter and the Agency may proceed against you in this matter without your participation. STATE OF FLORIDA AGENCY FOR PERSONS WITH DISABILITIES ELECTION OF RIGHTS FOR ADMINISTRATIVE COMPLAINT RESPONDENT: Reaching Out Group Inc. | have read the accompanying Administrative Complaint and Explanation of Rights in this matter. | would like to request a hearing, and | elect for the following hearing option: Ol dispute the material facts alleged in the Administrative Complaint and request that a formal evidentiary hearing be held before an Administrative Law Judge at the Division of Administrative Hearings, pursuant to Section 120.57(1), Florida Statutes. Specifically, | dispute the following material facts (attach additional sheets if necessary): O 1 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 written or oral evidence in mitigation of the charges or explain why the facts alleged do not constitute a violation of law. 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 that 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 will 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. Election of Rights page 1 Please fill out completely: Telephone number for contact: Fax Signature: Date: Print Name: Title: Business Location Address. —=SCity”=——“‘<‘é«State”=*~=“‘éC‘#ZSC*W Mailing Address City State Zip Electronic mail for contact MAIL OR FAX BOTH PAGES OF THE COMPLETED FORM TO: David De La Paz, Esq., Agency Clerk Agency for Persons with Disabilities 4030 Esplanade Way, Suite 380 Tallahassee, Florida 32399-0950 Fax: (850) 414-5759 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. Election of Rights page 2 Apr 26 16 09:48p Reaching Out Group Inc 7278272404 p.2 STATE OF FLORIDA AGENCY FOR PERSONS WITH DISABILITIES =- >) + 9:2 pe AGENCY FOR PERSONS WITH DISABILITIES, Petitioner, ?7D0e c410 DOOb 448e 0483 v. License No. 5405-5-GA Russell Manor Group Home, owned and operated by Reaching Out Group Inc., Respondent. / ADMINISTRATIVE COMPLAINT The AGENCY FOR PERSONS WITH DISABILITIES, ("Petitioner or "Agency”), issues this Administrative Complaint against Joseph Oasis Group Home, owned and operated by Reaching Out Group 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, residential habilitation centers, and comprehensive transitional education programs pursuant to § 20.197 and § 393, Fla. Stat. (2015). 2. At all times material to this complaint, Respondent has held a group home facility license issued by the Agency for the following address: and 1300 Russell Drive North, St. Petersburg, Florida 33710. The Respondent also has contracted with APD to provide the residents with Medicaid Waiver developmental disability services. 3. Fla. Stat. § 393.0673 (2015), sets forth the Agency's authority for denial, suspension, or revocation of license; moratorium on admissions; and administrative fines. Fla. Stat. § 393.0673(1) (2015), provides that the Agency may revoke or suspend a license or impose an administrative fine, not to exceed $1,000 per violation per day, if the Department of Children and Families 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. 4. Fla. Stat. § 393.0673(1) (2015), provides that the Agency may revoke or suspend a license or impose an administrative fine, not to exceed $1,000 Apr 26 16 09:48p Reaching Out Group Inc 7278272404 Failure to complete, sign and return the election of rights form to the agency within 21 days of receipt will 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. Election of Rights page 1 Please fill out completely: Telephone number for contact: 3!S 350 GUT Fax JIT YT POP e y Signature: 7 y f Date: “J 2&/ /t Print Name: JAMS \ ype ite \__ title: resident Yoo Beechwood Ter Grell@S Price Fl 3376 Business Location Address: City State Zip BUCO Beechwood Ter Aritlas Prk tj 3 376/ Mailing Address City State Zip Jhirogi IZ Go}.k com Electroni€ mail for contact MAIL OR FAX BOTH PAGES OF THE COMPLETED FORM TO: David De La Paz, Esq., Agency Clerk Agency for Persons with Disabilities 4030 Esplanade Way, Suite 380 Tallahassee, Florida 32399-0950 Fax: (850) 414-5759 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. Election of Rights page 2 ~ p.3

Docket for Case No: 16-002586FL