NC Register Volume 21 Issue 09 - Office of Administrative Hearings

CONTESTED CASE DECISIONS
(Respondent’s Ex. 7, pp. 3-4)
19. Petitioner’s approved Plan of Care contains no specific goals concerning socialization. (Respondent’s Ex. 1) Western
Highland’s staff, in reviewing the Plan of Care, made no suggestions for socialization goals. (T p. 125)
20. Petitioner, on his own initiative obtained a job at Food Lion. He requested of the manager the opportunity to work while his
mother was shopping. (T pp. 60-61)
CAP-MR/DD Services
21. The parties stipulated that Petitioner was and continues to be eligible for the Community Alternative Program—Mental
Retardation/Developmentally Disabled (CAP-MR/DD). (Joint Pre-Trial Order, filed July 5, 2005) CAP-MR/DD services approved,
pursuant to Petitioner’s Plan of Care and Plan Update/Revision (dated November 1, 2005), included Home and Community Support –
Individual, Respite Care – Non-Institutional – Individual, Supported Employment – Individual. (Petitioner’s Ex. 2)
22. Western Highlands Area Authority staff member Jesse Smathers reviewed Petitioner’s Plan of Care. (T pp. 119-120). Upon
a second submission, a denial of the request for Petitioner’ mother to deliver Supported Employment was issued due to the finding
“we did not feel there was justification for the mother to provide the services—this additional service, taking into consideration that
she was already providing fifty-six hours of service.” (T pp. 120-21)
23. Information taken into account by Western Highland’s staff in making the decision subject to this appeal was the Plan of
Care, the submission for changes to the Plan of Care and Petitioner’s August 30, 2005 psychological evaluation. (T p. 122-25). Mr.
Smathers had not met nor visited with Petitioner nor his mother. (T 69-70)
24. Petitioner’s case management services have been delivered by Dalton McCrary of Skills Creation for two years. (T pp. 26-7,
103-4) In delivering this service, Ms. McCrary visits with Petitioner and his mother at their home at least one time per month. Phone
contact between Ms. McCrary and Petitioner’s mother occurs at least two times per month. (T pp. 26, 105)
25. Petitioner’s mother currently delivers the CAP-MR/DD service of Home and Community Support to Petitioner at the rate of
eight hours per day, fifty-six hours per week. (T p. 19) She is employed by Mountain Area Community Services and supervised by
David Piper. (T p. 25, Piper Deposition, p. 7)
26. Mr. Piper, presently, is the director of developmental disability services for Mountain Area Community Services. He has a
B.A. in psychology, a M.A. in psychology, a masters in special education. His employment history includes coordinator of CAP-
MR/DD services for the previous Blue Ridge Area Authority and regional director of various developmental disability services firms.
Mr. Piper has at least 30 years experience. (Piper Deposition, pp. 4-6, 8)
27. Mr. Piper is a qualified developmental disabilities professional. (Piper Deposition, p. 5) In carrying out his supervision of
the services delivered to Petitioner, Mr. Piper visits Petitioner’s home at least one time per month for face to face contact with
Petitioner and his mother. He will also visit with Petitioner individually once or twice each month. Mr. Piper speaks with Petitioner’s
mother by telephone at least once each week. (T pp. 24-25, Piper Deposition, pp. 7-8)
28. Mr. Piper has maintained contact with Petitioner and his family for more than ten years, while working for four different
agencies. In each instance, he was the qualified developmental disabilities professional supervising services delivered to Petitioner.
(T p. 25, Piper Deposition, p. 6-7).
29. Maintaining staff for Petitioner has been a continuing challenge. At least 17 different individuals have been tried with
Petitioner over the past five years. (T pp. 27-8, Piper Deposition, pp. 16-17) Mr. Piper noted, “I think I’ve had more staff—
attempting to work more staff with this family than any other family I’ve ever worked with.” (Piper Deposition, p. 15)
30. Petitioner’s adverse reactions to females, older individuals, and African-Americans make the use of these individuals
problematic. (Piper Deposition, p. 16, T p. 18) Prospective staff have declined to work with Petitioner subsequent to meeting with
him. (Piper Deposition, p. 12) Staff have worked with Petitioner for a limited period of time and left for better paying employment or
to return to school. (Piper Deposition, pp. 16, 32, T pp. 28-9, 30) Other staff departed subsequent to safety concerns, threats or actual
altercations with Petitioner. (Piper Deposition, pp. 11-12, T pp. 30-33)
31. Staff consistency is important to Petitioner and staff turnover is detrimental to him. (T p.107, Piper Deposition, pp. 10, 17)
The inconsistency of staff, in turn, creates in Petitioner a sense of insecurity. (T p. 56)
Delivery of Services by Petitioner’s Mother
32. It was stipulated that Petitioner’s mother presently delivers paraprofessional CAP-MR/DD services to Petitioner. (Joint Pre-
Trial Order, filed July 5, 2005)
33. Review of the outcome data collected, showed Petitioner was successfully completing goals in 13 of 15 areas, putting him in
the twelfth percentile of the 32 clients presently supervised by Mr. Piper. (Piper Deposition, p. 21)
34. Petitioner’s mother complies with Petitioner’s Plans of Care and her skills have grown over time and accomplished good
results for Petitioner. (Piper Deposition, pp. 19-21)
21:09 NORTH CAROLINA REGISTER NOVEMBER 1, 2006
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