STATE OF FLORIDA AGENCY FOR PERSONS WITH DISABILIT, AGENCY FOR PERSONS WITH DISABILITIES, Fr. AUG 20 2019 al Petitioner, Agence: Siens Office v. License Number: 5021-6-GA DAWN VISTA GROUP HOME, OWNED AND OPERATED BY THE CARING PLACE AT DVGH, INC., Respondent. / ADMINISTRATIVE COMPLAINT The AGENCY FOR PERSONS WITH DISABILITIES (“Agency”) issues this Administrative Complaint against Dawn Vista Group Home, owned and operated by The Caring Place at DVGH, Inc. (“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 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 the following address: 12250 Dawn Vista Drive, Riverview, Florida 33578. 3. According to the Florida Division of Corporations, The Caring Place at DVGH, Inc. is a registered and active Florida profit corporation. Gregory Dunbar is the Director and President of The Caring Place at DVGH, Inc. 10. According to the group home license renewal application notarized on July 20, 2018, and submitted to the Agency, Gregory Dunbar is also the primary on-site manager for Dawn Vista Group Home. Section 393.0673, Florida Statutes, sets forth the Agency’s authority for denial, suspension, or revocation of license; moratorium on admissions; and administrative fines. (1) The agency may revoke or suspend a license or impose an administrative fine, not to exceed $1,000 per violation per day, if: (a) The licensee has: 1. Falsely represented or omitted a material fact in its license application submitted under s, 393.067; 2. Had prior action taken against it under the Medicaid or Medicare program; or 3. Failed to comply with the applicable requirements of this chapter or rules applicable to the licensee; or (b) 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. COUNT I The Agency re-alleges and incorporates paragraphs one through five as if fully set forth herein. On or about May 10, 2019, at approximately 2:00 a.m., direct care staff Zachary Azor was the only staff present at the Dawn Vista Group Home, with five adult residents present. At approximately 2:10 a.m., staff Zachary Azor was sleeping in the living room when he was awakened by noises coming from a resident’s bedroom. Zachary Azor proceeded to the bedroom of resident S.G., a non-verbal, developmentally disabled vulnerable adult resident. When he entered the bedroom, he observed another developmentally disabled adult resident, J.M., sexually assaulting $.G. Zachary directed resident J.M. to stop his actions and then contacted law enforcement. J.M. was arrested and charged with sexual battery by the Hillsborough County Sheriff's Office. On or about May 10, 2019, the Department of Children and Families (DCF) commenced an investigation into this incident. On June 14, 2019, DCF closed the 11. 12. 13. 15. 16. 17. 18. investigation with verified findings of inadequate supervision by Gregory Dunbar and Zachary Azor. All instances where DCF has verified that the licensee is responsible for abuse, neglect, or exploitation of a vulnerable adult constitute a Class I violation. Fla. Admin. Code R. 65G-2.0041(4)(a). The Agency may revoke a license or impose an administrative fine 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. § 393.0673, Fla. Stat. COUNT Il The Agency re-alleges and incorporates paragraphs one through five as if fully set forth herein. Dawn Vista Group Home provides services to adult males with significant behavioral challenges who require increased supervision and staffing, necessitating two awake staff overnight. The staff schedule for May 9, 2019, indicated that two staff were scheduled to work from 9 p.m. on May 9, 2019, until 9:00 a.m. on May 10, 2019. A second staff was present at the beginning of the shift but left at approximately 1:30 a.m. due to illness. Gregory Dunbar, Respondent’s Director and President, and the primary site supervisor of Dawn Vista Group Home, was notified by phone that the second staff was ending her shift early and leaving the facility and took no further action. As the primary site supervisor, Gregory Dunbar is responsible for ensuring adequate direct care staff in the facility at all times. J.M.’s behavior plan states that he has a lengthy history of inappropriate sexual behavior and criminal charges, including incest, rape of a minor, battery, sexual battery with force, soliciting another to commit prostitution, and domestic violence. The current behavior plan, dated October 18, 2018, states the following: “Currently, [J.M.] continues to display predatory behaviors.” The supervision schedule in J.M.’s behavior plan states that while J.M. is in his bedroom, he requires checks by staff every ten minutes. 19. 20. 21, 24. 25. 26. 27. Staff Zachary Azor was asleep in the living room at the time of this incident and failed to conduct the required ten-minute checks required in J.M.’s behavior plan. He also failed to observe J.M. entering 8.G.’s bedroom or take any action to prevent the sexual assault from occurring. Each facility must provide the level of supervision necessary to protect the residents from harm and maintain a safe living environment. Fla, Admin, Code R. Rule 65G-2.009(6)(a). A violation of Chapter 65G-2.009(6)(a), Florida Administrative Code, constitutes a Class I violation. Fla. Admin. Code R. 65G-2.0041(4)(a). The Agency may revoke a license or impose an administrative fine if the licensee has failed to comply with the applicable requirements of this chapter or applicable tules. § 393.0673, Fla. Stat. COUNT III The Agency re-alleges and incorporates paragraphs one through five as if fully set forth herein. In response to this incident, Respondent gave staff Zachary Azor a written notice of an unpaid one-day suspension. The Respondent has not notified the Agency of any additional corrective actions taken. Staff Zachary Azor remains employed as a direct care staff in the Dawn Vista Group Home. The Agency shall consider various factors when determining the sanctions for a violation, including the gravity of the violation and whether the incident involved abuse or neglect, or serious physical or mental injury to a resident. The Agency shall also consider the lack of remedial action by the licensee. Fla. Admin. Code R. 65G-2.0041(2). Respondent has failed to take adequate remedial actions in response to an incident of neglect that resulted in serious injury to a resident. The Agency may revoke a license or impose an administrative fine if the licensee has failed to comply with the applicable requirements of this chapter or applicable rules. § 393.0673, Fla. Stat. Based on the foregoing and pursuant to section 393.0673, Florida Statutes, the Agency requests that a Final Order be entered that revokes the Respondent’s license. Af Dated August 20, 2019 Trevor uter, s Senior Attorney Agency for Persons with Disabilities 4030 Esplanade Way, Suite 380 Tallahassee, Florida 32399-0950 Attachments: Notice of Administrative Hearing Rights Copies furnished to: Gregory Dunbar Michael Taylor The Caring Place at DVGH, Inc. Regional Operations Manager 12250 Dawn Vista Drive APD Suncoast Region Riverview, FL 33578 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of this Administrative Complaint was sent to the above- named individuals by U.S. Mail, facsimile, or electronic mail, this 2) st day of August, 2019. put wn) ielle Thompson, Agency Clerk Agency for Persons with Disabilities 4030 Esplanade Way, Suite 380 Notice of Administrative Hearing Rights For Administrative Complaint You have the right to request a hearing to be conducted in accordance with sections 120.569 and 120.57, Florida Statutes (F.S.), and to be represented by counsel or qualified representative to challenge the administrative complaint. To obtain an administrative hearing, you must file a written request for hearing with the Agency Clerk by 5:00 PM Eastern Time within 21 days of the day that you receive the administrative complaint. Filed with the Agency Clerk means received by the Agency Clerk’s Office. If you fail to file the request for hearing within the 21 days, you waive the right to have a hearing. The request for hearing shall include: 1. Your name, address, e-mail address, telephone number, and facsimile number, if any, if you are not represented by an attorney or a qualified representative; 2. The name, address, e-mail address, telephone number, and facsimile number of your attorney or qualified representative, if any, upon whom service of pleadings and other papers shall be made; 3. A statement requesting an administrative hearing identifying those material facts that are in dispute. If there are none, the petition must so indicate. (Pursuant to sections 120.569 and 120.57, F.S., a disputed issue of material fact entitles you to a formal hearing; if there are no disputed issues of material fact then you are entitled to an informal hearing); 4. A statement of when you received notice of the administrative complaint; and 5. A statement including the file number on the administrative complaint. You must file your request for hearing with the Agency Clerk by hand delivery, express delivery service, U.S. mail, facsimile transmission, or by email at the following address: Agency for Persons with Disabilities Attention: Agency Clerk Filed with the Agency Clerk means received in 4030 Esplanade Way, Suite 335 the Office of Agency Clerk by 5:00 pm on the Tallahassee, FL 32399 due date. APD.AgencyClerk@apdcares.org (850) 921-3779 (phone) Mediation under s.120.573, Florida Statutes, is (850) 410-0665 (fax) not available for this proceeding. Rev. OGC May 19, 2017

Docket for Case No: 19-005828FL