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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110471
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Requesting second opinion. Renewal application to operate my

Customer Question

Requesting second opinion. Renewal application to operate my Adult Care Foster Home of 16 years DENIED. Denial due to substantiated claims of incorrectly documenting medication administration records, not living at premises, hiring incompetent staff that has been with me 11 and 2years, incorrectly providing 1 to 1 supervision. I was giving technical assistant by the state and made corrections. Also, I had an unexpected kidney transplant, mother and aunt who were employed by me passed away unexpectedly. Recently had a pre hearing meeting and Adult Care Home manager adamant about Not renewing my license. However, Current household clients/parents do not want to move. They are willing to go to court and testify on my behalf. Information that came from meeting was, People do not like that I make a lot of money off vulnerable population, I am a great caregiver but not a good business/corporate person. Gentrification is occurring in my neighborhood but on my block alone there is 4 in businesses on the block. Before my attorney was confident and strategic and said we possibly can sue state on procedural issues. However after consulting with opposing attorney he brought me above news and lost hope. Please give straightforward and honest opinion. I can fax you any paperwork you need. Please help. Stephanie
Submitted: 3 months ago.
Category: Legal
Customer: replied 3 months ago.
I have a scheduled pre conference hearing on August 8th 2016 regarding losing my Adult Care Foster Home license in Oregon of 16 years. Just recently I had a short conference and the state of Oregon adult care home program manager was solid on not giving me my license or things to do to renew my application. Before meeting my attorney had a positive strategy. But after meeting and him talking to opposing attorney the talked turned into settlement like. They feel you have made enough money off the vulnerable population, gentrification of your neighborhood. Before meeting my attorney said possibility of us suing them on procedures and/or settling out monetary or I sit down 3 to 6 months them reapply. Requesting second opinion. violations accused of not documenting medication records correctly, no 1 to 1 supervision, hiring incompetent staff but staff has been with me 11 years and other through 1 renewal. however Oregon's staffing for DD homes are changing b
ut not directly in effect until 2018. Please respond soon. I need your help. I like paying for only as needed services versus membership. Stephanie
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Quite honestly, the biggest issue here is the not documentation of medical records, this falls under neglect of the patients because there is no proof that they have received their proper medications and too many issues can occur from non-documentation such as selling medications on the street as well. This is not something that the Department takes lightly because those types of negligence issues by staff can also indicate a larger problem that even you may not be aware of.
The issue that likely changed your attorney's mind is the extent of the negligent documentation. Minor failure to document, incidental violations is one thing, but if it is continuous and widespread it make it much more unlikely your attorney can overcome that. Your best bet is at least seeking to get your attorney to try to argue for a probationary period to give you a chance to get rid of or properly train the staff and make changes to not disrupt the lives of your residents and the director may be more agreeable to that, but you have a tough case here for sure.

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