Green Acre Investigation Report

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STATE OF MICHIGAN

GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS ORLENE HAWKS


GOVERNOR DIRECTOR
LANSING

October 15, 2019

Sarah Miner
Pearson Adult Foster Care Homes, Inc.
9822 N. Long Lake Rd.
Traverse City, MI 49685

RE: License #: AG280278926


Investigation #: 2020A0870001
Green Acres

Dear Ms. Miner:

Attached is the Special Investigation Report for the above referenced facility. Due to the
violations identified in the report, a written corrective action plan is required. The
corrective action plan is due 15 days from the date of this letter and must include the
following:
 How compliance with each rule will be achieved.

 Who is directly responsible for implementing the corrective action for each
violation.

 Specific time frames for each violation as to when the correction will be
completed or implemented.

 How continuing compliance will be maintained once compliance is


achieved.

 The signature of the responsible party and a date.

If you desire technical assistance in addressing these issues, please contact me. In any
event, the corrective action plan is due within 15 days. Failure to submit an acceptable
corrective action plan will result in disciplinary action.

611 W. OTTAWA  P.O. BOX 30664  LANSING, MICHIGAN 48909


www.michigan.gov/lara  517-335-1980
Please review the enclosed documentation for accuracy and contact me with any
questions. In the event that I am not available and you need to speak to someone
immediately, please contact the local office at (231) 922-5309.

Sincerely,

Bruce A. Messer, Licensing Consultant


Bureau of Community and Health Systems
Suite 11
701 S. Elmwood
Traverse City, MI 49684
(231) 342-4939

enclosure

611 W. OTTAWA  P.O. BOX 30664  LANSING, MICHIGAN 48909


www.michigan.gov/lara  517-335-1980
MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
BUREAU OF COMMUNITY AND HEALTH SYSTEMS
SPECIAL INVESTIGATION REPORT

I. IDENTIFYING INFORMATION

License #: AG280278926

Investigation #: 2020A0870001

Complaint Receipt Date: 10/02/2019

Investigation Initiation Date: 10/02/2019

Report Due Date: 12/01/2019

Licensee Name: Pearson Adult Foster Care Homes, Inc.

Licensee Address: 9822 N. Long Lake Rd.


Traverse City, MI 49685

Licensee Telephone #: (231) 947-7055

Administrator: Sarah Miner

Licensee Designee: Sarah Miner

Name of Facility: Green Acres

Facility Address: 127 W. Potter Road


Traverse City, MI 49686

Facility Telephone #: (231) 947-7055

Original Issuance Date: 10/21/2010

License Status: REGULAR

Effective Date: 04/21/2019

Expiration Date: 04/20/2021

Capacity: 32

Program Type: PHYSICALLY HANDICAPPED


DEVELOPMENTALLY DISABLED
MENTALLY ILL, AGED

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II. ALLEGATION(S)
Violation
Established?
Resident A has had her breast fondled by a male resident on Yes
numerous occasions over a four month period. Staff had
knowledge of this and did not respond properly to stop this
behavior.

III. METHODOLOGY

10/02/2019 Special Investigation Intake


2020A0870001

10/02/2019 APS Referral


This referral came from MDHHS, APS worker Traci Doran.

10/02/2019 Special Investigation Initiated - On Site


Interviews conducted with facility staff and Resident A.

10/11/2019 Contact - Telephone call made


Case discussion with APS worker Traci Doran.

10/11/2019 Contact - Document Received


Police report received.

10/14/2019 Exit Conference


Conducted with Licensee Designee Sarah Miner.

ALLEGATION: Resident A has had her breast fondled by a male resident on


numerous occasions over a four months period. Staff had knowledge of this
and did not respond to stop this behavior.

INVESTIGATION: On October 2, 2019, I spoke with Traci Doran, Adult Protective


Services worker with the Grand Traverse County Department of Health and Human
Services. Ms. Doran stated she has an open Adult Protective Services case on
Resident A regarding the above allegation and has been working with law
enforcement to investigate this allegation. Ms. Doran stated that Resident A had
been forensically interviewed by the Child Advocacy Center on September 24, 2019.
I informed Ms. Doran that I had received an AFC Licensing Division –
Incident/Accident Report (BCAL-4607), concerning this issue, from the facility on
September 17, 2019. I provided a copy to her for her review.

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The AFC Licensing Division – Incident/Accident Report (BCAL-4607), received by
AFC Licensing, from the facility on September 17, 2019, states that on September
12, 2019, Resident A had informed facility staff members Kristiena Gerring and
Shyann Hicks that “there was a male from next door that would come over and kiss
her, and touch her butt and breast.” This report states that Ms. Gerring reported this
information to the Grand Traverse County Sheriff Department on September 12,
2019, and also reported this information to Resident A’s guardian on September 13,
2019. The report notes that, “the man was taken to jail, and Resident A filed for a
PPO with her guardian’s help.”

On October 2, 2019, I spoke with facility manager Savannah Thompson. Ms.


Thompson stated that Resident A had informed her guardian, Mike Smith, about four
months ago that a man, who does not live in the AFC home, had touched her breast
“while hugging her.” She stated that Mr. Smith informed her of this information and
that she “banned” this male from coming into the facility. Ms. Thompson stated that
this male, Jay Stewart, is not a resident of the licensed AFC but does live on the
property in an “independent living” apartment. Ms. Thompson stated that Mr.
Stewart would “sneak” into the facility at night, per a statement from Resident A, and
“dry hump and kiss” her. Ms. Thompson stated that Resident A told her that she
was told by Mr. Stewart “not to say anything because he would go to jail.” Ms.
Thompson stated that no staff knew this was going on and she does not know how
many times this might have occurred. She noted that once staff were informed of
this, on September 12, 2019, she called the police and Mr. Stewart was arrested.

On October 2, 2019, I conducted an on-site special investigation regarding the


above allegation. I conducted interviews with staff members Kristiena Gerring and
Shyann Hicks. Ms. Gerring and Ms. Hicks stated that Resident A and Jay Stewart
are friends. They noted Mr. Stewart does not live in the licensed AFC home but
does reside in an “independent living” apartment located on the same property. Ms.
Gerring stated that Resident A would occasionally go to Mr. Stewarts apartment to
visit, noting this began about four months ago. She noted that home manager,
Savannah Thompson, had informed Resident A’s guardian, Mike Smith, of this. Ms.
Gerring stated that shortly thereafter, Mr. Smith, informed her that Resident A is
stating that Mr. Stewart is grabbing her breast. Ms. Gerring stated that home
manager Savannah Thompson spoke with Mr. Stewart and “banished” him from
entering the AFC home. Both Ms. Gerring and Ms. Hicks stated that Resident A has
not said anything about Mr. Stewart touching her or entering the AFC home until a
couple weeks ago when, during a CMH appointment, Resident A disclosed this was
occurring. They noted that Mr. Smith reported this to Ms. Thompson, who contacted
the police. Ms. Gerring stated that Mr. Smith told her that Resident A had not said
anything to him that this was going on in the past four months. She further noted
that Resident A has had a lot of behavioral issues recently but believed this was due
to a medication change. They also reported that Resident A has her own bedroom,
with no roommates.

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On October 2, 2019, I conducted an interview with Resident A at the facility. I was
accompanied by Ms. Gerring and Ms. Hicks. Resident A stated she had not said
anything to staff, Kristiena Gerring and Shyann Hicks, about what Mr. Stewart was
doing, until “a couple weeks ago.” She further noted that she “had not said anything
to anyone” and “kept it inside.”

On October 11, 2019, I spoke with APS worker Traci Doran. We discussed the
investigation. Ms. Doran stated she had received a copy of an investigation
summary from the Grand Traverse County Sheriff Department. She provided a copy
for my review.

On October 11, 2019, I reviewed in investigation summary written by GTSD


Detective Jason Polzien. Detective Polziens report states he had conducted an
interview with Resident A at the Green Acres AFC home. It states that Resident A
informed him that Jay Stewart would “come into her room when no one was around
and grab my boobies and butt.” Resident A reported that this had been going on for
four months and that she “didn’t like that.” This report further states that Resident A
was forensically interviewed at the Child Advocacy Center on September 24, 2019.
The report states that Resident A informed the CAC interviewer that a man, whom
she identified as “Jay” is “touching her bra, touching my boobies and pulled my
pants down and touched my butt.” Resident A further stated that this had been
occurring “three months before I told staff.” She also stated, “he told me don’t tell
anyone.”

On October 14, 2019, I conducted a telephone interview with Licensee Designee


Sarah Miner. Ms. Miner stated that she had been informed of this situation when it
initially occurred and was informed by home manager Savanah Thompson that she
had spoken with Mr. Stewart and instructed him not to enter the licensed AFC home.
Ms. Miner stated that it appears that Mr. Stewart did come into the facility,
unbeknownst to staff, and that the staff members were never informed by Resident
A that he had been entering the facility. Furthermore, Resident A did not tell staff
members that Mr. Stewart was touching her. Ms. Miner stated Mr. Stewart lived in
the independent living apartments, located on the same property as the AFC home,
and has been evicted since his arrest on September 12, 2019. She noted Mr.
Stewart was on parole and was placed by the Michigan Department of Corrections.
Ms. Miner stated she will no longer have anyone who is supervised by MDOC living
in her independent living apartments or the AFC home.

APPLICABLE RULE
R 400.2412 Care of residents.

(2) Residents shall be assured privacy and protection from


moral, social and financial exploitation.

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(4) A resident shall be treated with dignity, and his
personal needs, including protection and safety, shall be
attended to at all times.
ANALYSIS: Statements by Resident A indicate that she was sexually
assaulted, while in the facility or on the grounds of the facility, by
Jay Stewart, who lived on the property in an “independent living
apartment.”

Resident A was not assured protection from moral and social


exploitation.

Resident A was not provided with protection at all times.

CONCLUSION: VIOLATION ESTABLISHED

On October 14, 2019, I conducted an exit conference with Licensee Designee Sarah
Miner. I explained my finding as noted above. Ms. Miner stated she understood and
had no further questions pertaining to this special investigation. She stated she
would submit a corrective action plan addressing the cited rule noncompliance as
noted above.

IV. RECOMMENDATION

I recommend, contingent upon the submission of an acceptable corrective action


plan, that the status of the license remain unchanged.

October 15, 2019


________________________________________
Bruce A. Messer Date
Licensing Consultant

Approved By:

October 15, 2019


________________________________________
Jerry Hendrick Date
Area Manager

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