NC Register Volume 21 Issue 09 - Office of Administrative Hearings

CONTESTED CASE DECISIONS
f. Ranitidine (Acid Reflux);
g. Lexapro (Irritability, anxiety);
h. Tylenol #3 (pain in legs);
i. Nexium (Acid Reflux);
j. Rhinocort Aqua (Allergies);
k. Allergy shots (Allergies);
l. Singular (Allergies/asthma); and
m. Albuterol (asthma).
6. Petitioner’s mother’s testimony confirmed the above listing at the time of the hearing. (T p. 34). She described Risperdal as
“supposedly given for obsessive-compulsive disorder, meaning that it should help [Petitioner] with being fixated and worrying about
stuff all the time about what he wants and all—and it does help some but not all the way.” (Id.)
7. The listed neurological impairments result in behaviors that are rare, both in their unpredictability and severity. In the
opinion of Mr. Piper, who serves as a Qualified Developmental Disabilities Professional and supervises Petitioner’s services,
Petitioner “is probably one of the most unique cases I’ve ever had in my 30 or 40 years experience.” (Piper Deposition p. 8)
8. One the complicating factors in working with Petitioner is his unpredictability. Mr. Piper described: “And that’s what makes
[Petitioner] very unique, that you’ll be sitting there and talking to him, and all of sudden you’ll lose eye contact, and he’ll just get up
and walk off, almost like a horse with blinders. … And you can call after him, and there’s no answer. You don’t know when this is
going to occur. You don’t know why it occurred.” (Piper Deposition pp. 9-10)
9. Petitioner demonstrates rapid, unpredictable mood shifts with threatening behaviors. (T pp. 36, 37-39, 41, 108, Piper
Deposition p. 9, Respondent’s Ex. 1 p. 8)
10. While Petitioner can appropriately engage with others in public settings, he is subject to disruptive behaviors, such as
throwing food, upsetting store displays and yelling obscenities at black store patrons. (Piper Deposition p. 15, T pp. 18, 39, 59) He
will often present as a shy individual with females in public, while behaving defensively with males. (T pp. 44-45)
11. Responding to Petitioner’s aggressive behaviors oftentimes requires counter-intuitive actions. Attempting to restrain
Petitioner has the effect of escalating his behaviors and instigating a physical altercation. (T pp. 32, 39, 42, Respondent’s Ex. 1, pp. 9-
13)
12. Petitioner, while verbal, is inarticulate, often resorting to cursing, which increases the difficulties of understanding his needs
and the monitoring of his behaviors. (T pp. 38, 41, 43-44, 92, Respondent’s Ex. 1 pp. 8, 13)
13. Petitioner can be verbally aggressive toward individuals; threatening to “burn your house down,” “kill your dog,” and
actually damage vehicles by throwing stones. (Piper Deposition, p. 11, T p. 42, Respondent’s Ex. 1, p. 9)
14. Petitioner is prone to gastrointestinal pain, which is difficult for Petitioner to articulate. (T p. 40) Petitioner’s legs can
unexpectedly go weak, causing him to fall. (Respondent’s Ex. 1, p. 10) Petitioner needs prompting and assistance with toileting.
(Respondent’s Ex. 1, pp. 18-19)
15. While Petitioner presents with numerous challenges, he can present an enjoyable, engaging side. He can tell a joke and
express a sense of humor. (Piper Deposition p. 13) He can enjoy riding a go-cart or all terrain vehicle, playing with friends and
listening to music. (T pp. 49, 59, 88)
Petitioner’s Socialization
16. Neighbor children periodically visit with Petitioner. He regularly accompanies his mother on shopping trips, even interacting
with store clerks to set up purchases on layaway. The family periodically takes Petitioner to public eating spots for meals. (T pp. 58-
60, 87)
17. Petitioner has deficiencies in social interaction with females. (Piper Deposition, p. 13)
18. Petitioner’s most recent psychological evaluation, showed socialization to be a “relative strength,” with a Vineland Adaptive
Behavioral Scale of 61. The evaluator commented:
[Petitioner] is capable of making and keeping appointments. He watches television for practical day-to-day information. He
maintains a hobby and initiates conversational topics of particular interest to others. He will apologize for mistakes or errors
in judgment. He is capable of keeping secrets or confidences for as long as is appropriate. [Petitioner] is prone to make
statements which may embarrass or hurt others. He has difficulty in controlling his anger or hurt feelings when denied his
own way. Often times he does not use appropriate table manners unless told to do so. He does not tend to independently
weigh consequences of actions before making decisions.
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