To Whom it may concern:

The enclosed copy of Legal Document No. 7390285001
is being sent to you as a matter of information on:
I’SOT INC. Group Home
Highway 299 East
P.O. Box 125,
Canby California
96O15.
This Document is an Accusation/Statement of issues from the
Community Care Licensing Division,
Department of Social Services,
State of California.
This document was signed on July 26. 1991 and
served to the Respondent within five (5) days of that date. 
Any questions should be addressed to the Legal Division,
Department of Social Services,  Office of Chief Counsel.


Mark M. REESE
Senior Staff Attorney
744 P Street
Sacramento, CA 95814
Telephone. (916) 327-9817
Attorneys for Complainant
BEFORE THE DEPARTMENT OF SOCIAL SERVICES
STATE OF CALIFORNIA

IN THE MATTER OF: ISOT, INC.
Highway 299 East
P.O. BOX 125
Canby, CA 96015

Consisting of:
LARRY TROTTER, President
JOSEPH A. TOLBERT, Assistant Director
E. MARIE TOLBERT, AssistantDirector
C. RONALD MANN, Assistant Director
RAYMOND P. MANDEL, Assistant Director
Respondent.
 No. 7390295001


ACCUSATION/STATEMENT OF ISSUES

FRED MILLER,
complainant herein, files this Accusation/Statement of Issues in his official capacity as the duly appointed Deputy Director, Community Care LicensingDivision, Depcrtment of Social Services, State of California.

THE DEPARTMENT OF SOCIAL SERVICES ("Department") is the agency of the State of California responsible for the licensure of group homes pursuant to the California Community Care Facilities Act  (Health And Safety Code Section 1500 et seq.).

III  ISOT, Inc., respondent herein, is licensed by The Department to operate a group home at Highway 299 East, Canby, California ("facility").
The facility was initially licensed on June 28, 1983.
Respondent's application for a renewal license to operate a group home was denied on September 6, 1990, and respondent appealed.
Copies of respondent's most recent license setting forth the capacity, limitations, and effective dates, and other pertinent data are attached to this Accusation/Statement of Issues AS EXHIBIT A and are incorporated by reference herein.
At all times mentioned in this Accusation/Statement of Issues, respondent has been licensed to operate the facility.

IV  The licensure of group homes is governed by Health and Safety Code, Division 2, Chapter 3 (Section 1500 et seq .) of the Health and Safety Code. The regulations governing group homes are contained in Title 22 of the California Code of Regulations, Chapter 1 (Section 80000 et seq .) and Chapter S (Section 84000 et seq .)

Pursuant to Health and Safety Code Section 1553, the Department may institute or continue a disciplinary proceeding Against a licensee following the suspension, expiration or forfeiture of a license. Pursuant to Health and Safety Code Section 1551(b),the standard of proof to be applied in this proceeding is the preponderance of the evidence. 

Complainant seeks denial of respondent's application for a renewal license and revocation of respondent's license to operate a group home pursuant to Health and safety Code Sections 1520, 1525 and 1550 on the grounds that respondent is not in compliance with applicable licensing statutes and regulations,

Respondent has violated or permitted the violation of applicable licensing statutes and regulations, and respondent has engaged in conduct which is inimical to the health, morals, welfare, and safety of residents in care or the people of this State as more specifically set forth in paraqraphs VI through IX below.

A COPY OF THE APPLICABLE STATUTES AND REGULATIONS IS ATTACHED TO THIS ACCUSATION/STATEMENT OF ISSUES AS EXHIBIT B AND IS INCORPORATED HEREIN BY REFERENCE.


SUBJECT MATTER:
VIOLATION OF PERSONAL RIGHTS/PHYSICAL ABUSE/RESTRAINTS
Health and Safety Code Sections 1520; 1525; 34
APPLICABLE LAW: 56 and 1550 Regulations Section8 80072 (a)(1), (2), (3), (6), (7) and (8); 84072(a) and (b)

ALLEGATIONS :
During the period of licensure, respondent violated or permitted the violation of statutes and regulations. reqardinq the personal rights of clients in care as follows:

A. LARRY MANN, respondent's staff member, violated the personal rights of clients in care as follows:


1. On or about March 1; 1991, Mann grabbed Client #46 by the hair and the back of the head, then shoved the client's head down between the client's legs while staff persons David Lockwood and Shannon Mann restrained the client by holding his arms.

2. On or about September 17, 1990, Mann restrained then pulled Client #1 by the leg, thereby injuring the client's right knee.

3. In or about 1989, Mann grabbed Client #2's jaw and forced it open to get a rock out of her mouth, bruising her jaw choking her, and causing her to vomit.

4. On or about October 24, 1985, Mann restained Client #3 and twisted her arm behind her back, thereby breaking Client #3's arm. 

5. In or about November, 1990, the exact date of which is unknown to complainant, Mann threw Client #4 to the ground and shoved Client #5 into a chair,

6. In or About March, 1990, the exact date of which is unknown to complainant, Mann dragged Client #6 by his legs through urine on the floor of the time-outroom after Client #6 had urinated on the floor.

7. On at least one occasion between May 11, 1989 and September 25, 1990, the exact date of which is unknown to complainant, Mann grabbed Client #7 in a head lock and forced Client #7's face down onto the ground.

8. In or about March, 1990, the exact date of which is unknown to complainant, Mann locked Client #6 outside in freezing weather, while Client #6 was dressed in only a T-shirt and shorts,

9. On more than one occasion between June 17, 1990 and November 15, 1990, the exact date of which is unknown to complainant, Mann restrained a client by holding his knee against a client's neck, pinning him to the ground.

10. On at least one occasion between April 3, 1990 and Septmber 22, 1990, the exact date of which is unknown to complainant Mann restrained Client #8 in a head lock and staff person Raymond Mandel grabbed Client #8's arms and twisted hard.

11. On at least one occasion between January 29, 1990 and September 10, 1990, the exact date of which is unknown to complainant, Mann twisted Client #9's arm behind the client's back, and slammed him face first into a wall in the time-out room.

12. On at least one occasion between April 3, 1990 and Octoter 18, 1990, the exact date at which is unknown to complainant, Mann restrained Client #10 by standing behind him and pulling on the client's crossed arms until the client was in pain.

13. On at least one occasion between September 15, 1998 and June 16, 1990, the exact date of which is unknown to complainant, Mann dragged Client #11 across the yard and into the time-out room.

14. On more than one occasion between June 27, 1990 and September 22, 1990, the exact dates of which are unknown to complainant, Mann kicked Client #12

15. On more than one occasion between March 1, 1990 and July 18, 1990, the exact dates of which are unknown to complainant, Mann restrained Client #13 by pulling the client's arm up behind his back until the client could grab his own hair.

16. On more than one occasion between March 1, 1990 and July 18, 1990, the exact dates of which are unknown to complainant, Mann restrained clients for making derogatory comments about Mann's family.

17. On at least one occasion between March 24, 1989 and September 18, 1989, the exact date of which is unknown to complainant, Mann restrained Client #14, the client spit on Mann, and Mann spread the spit back on the client's face and gave him a bloody nose.

18. On at least one occasion between October 29, 1987 and September 13, 1989, the exact date of which is unknown to complainant, Mann locked Client #15 outside in cold weather, while the client was dressed in only underwear.

19. On at least one occasion between October 29, 1987 and September 13, 1989, the exact date of which is unknown to complainant, Mann told staffperson Michael Tolbert to use whatever force was necessary to restrain a client.

20. On at least one occasion between October 29, 1987 and September l3, 1989, the exact date of which is unknown to complainant, Mann dragged Client #15 across the yard, over rocks, and up the steps to the building housing the time-out room.

21. On at least one occasion between October 29, 1987 and September 13, 1989, the exact date of which is unknown to complainant, Mann and staff person David Simon restrained Client #15 by forcing the client into a chair, putting the client's arms under the arms of the chair, and pulling the client's arms up and over until the pain was severe.

22. On more than one occasion between May and October of 1985, the exact dates of which are unknown to complainant, Mann slammed Client #3 against the wall in the time-out room.

23. On more than one occasion between May 7, 1985 and November 21, 1986, the exact dates of which are unknown to complainant, Mann shoved Client #16 away from the door of the time-out room.

24. On more than one occasion between June 11, 1985 and December 20, 1986, the exact dates of which are unknown to complainant, Mann shoved Client #17 into walls and pushed the client face first with excessive force into a corner in the time-out room.

25. On more than one occasion between May, 1985 and February, 1987, the exact dates of which are unknown to complainant, Mann shoved Clients #17, #18, #19 and #20 and confined them to the time-out room for extended periods of time. 

26. On a routine and frequent basis, Mann restrained clients by using the following techniques:


a) Standing behind a client, pulling on the client's crossed arms, and pushing a client's back with a knee
b) Head-locks
c) Twisting a client 's arm behindhis/her back and pulling up on the arm until the client grabbed his/her hair.
d) Slamming a client face first into a wall or corner while twisting the client's arm(s) behind his/her back.
e) Placing a knee on the neck or arm of a prone or supine client and applying force;
f) Kicking a client;
g) Forcing a client into a chair, pulling the client's arms under the arms of the chair, then pulling the client's arms up and over until the client was in pain.
h) Bending a client's thumb backwards.


27. On a routine, and frequent basis, Mann chased clients, restrained them, and forced them into the enclosed rear seat ("the cage") of a pickup truck.

28. On at least one occasion between May 16, 1990 and November 9, 1990, the exact date of which is unknown to complainant, Mann threw Client #4 against a fence and called her a slut.

29. On at least one occasion between March 24, 1989 and September 15, 1989, the exact date of which is unknown to complainant, Mann, knowing Client #14 was wearing no underwear, forced the client to remove his clothing and be searched in the presence of other clients and staff.



 

 

B. RAYMOND MANDEL, respondents staff person, violated the personal rights of clients in care as follows;


1. On or about July 1, 1990, while staff persons Raymond Mandel and Shannon Mann restrained Client #21, Raymond Mandal cut the client's hair with a knife.

2. On or about May 26, 1990 staff persons Raymond Mandel and David Lockwood restrained and struggled with Client #22, smashing him into walls and tables and causing him to suffer a bloody nose.

3. On or about April 6, 1990, Mandel repeatedly restrained Client #10 by his clothing and during one episode hit the client in the eye with an elbow, thereby causing a black eye,

4. On or about September 6, 1990, Mandel threw Client #8 onto the ground on a rock path and screamed at the client, "I don't have to take your shit anymore."

5. In and between March 1, 1990 and July 18, 1990, the exact date of which is unknown to complainant, Mandel grabbed Client #13 and slammed the client against the wall in a sitting position.

6. In and between March 1, 1990 andJuly 18, 1990, the exact date of which is unknown to complainant, when Client #13 spit on the floor, Mandel grabbed the client, put him on his back, wiped up the spit with him, then shoved the client against the wall to sit.

7. On at least one occasion between June 27, 1990 and September 22, 1990, the exact date of which is unknown to complainant, Mandel threw Client #12 into a barbed wire fence when the client tried to run.

8. On at least one occasion between June 27, 1990 and September 22, 1990, the exact date of which is unknown to complainant, Mandel restrained Client #12 by using a head lock on the Client.

9. On at least one occasion between December 20, 1988 and August 18, 1990, the exact date of which is unknown to complainant, Mandel pushed Client #23 to the ground and when she got up, dragged the client into a house and hit her on the head when she looked up. Mandel ordered the client not to look anywhere but down.

10. On at least one occasion between April 24, 1990 and June 30, 1990, the exact date of which is unknown to complainant, Mandel and staffpersons David Lockwood and David Simon collectively restrained Client #24, lifted him off the floor and put him face first into the wall.

11. On at least one occasion between December 20, 1988 and August 19, 199O, the exact date of which is unknown to complainant, Mandel shoved Client #23 against the wall in the time-out room.

12. On at least one occasion between November 14, 1989 and August 9, 1990, the exact date of which is unknown to complainant, Mandel hit a female client in the eye, causing a black eye, after the client had hit Mandal on the arm.

13. On at least one occasion between November 14, 1989 and April 4, 1990, tbe exact date of which is unknown to complainant, Mandel dragged Client #25 by the shirt, and continued dragging the client by her pants, in the presence of male clients, after the shirt came off.

14. On more than one occasion between March 28, 1990 and August 9, 1990, the exact dates of which are unknown to complainant, Mandel grabbed and restrained Client #26 when the client bragged about knowing karate.

15. On more than one occasion between June 27, 1990 and September 22, 1990, the exact dates of which are unknown to complainant, Mandel restrained Client #12 and forced him to stay in the time-out room for long periods of time.

16.On at least one occasion between September 1, 1988 and September 13, 1989, the exact dates of which is unknown to complainant Mandel threw client  #27 over a car onto the concrete.

17. On more than one occasion between March 24, 1989 and September 18, 1989, the exact dates of which are unknown to complainant, Mandel restrained client #14 by twisting the client's arm behind his back until it caused pain.

l8. On at least one occasion betwteen March 24, 1989 and September 18, 1989, the exact date of which is unknown to complainant, Mandel tripped Client #14, then restrained the client with both of the client's arms pulled back.

19. During the period from July 2, 1988 to October 5, 1988, Mandel frequently twisted Client #28's arms and pushed and pulled the client.

20. On several occasions between May and October 5, 1985, the exact dates of which are unknown to complainant, Mandel slammed Client #3 against a wall in the time-out room.

21. On at least one occasion between June 11, 1985 and December 20, 1986, the exact date of which is unknown to complainant, Mandel shoved Client #17 out the door of the time-out room building and forced the client to remain outside in the cold with no shoes or jacket for at least one-half hour.

22. On more than one occasion between May, 1985 and February, 1987, the exact dates of which are unknown to complainant, Mandel shoved Clients #17, #18, #19 and #20, and confined them to the time-out room for extended periods of time.

23. On a recurring and frequent basis, Mandel chased clients, restrained them, and forced them into the enclosed rear seat ("the cage") of a pickup truck.

24. On at least one occasion between July and October, 1988, the exact date of which is unknown to complainant, staff persons Raymond Mandel and Larry Mann dragged Client #29 by the hair to the time-out room.

25. On many occasions, the exact dates of which are unknown to complainant, if two male clients were returned to the facility after running away, they were badgered by Mandel with such questions as, "How many times did you suck him off last night?" and "What did you do all night, suck each other?"

26. In or about April, 1990, the exact date of which is unknown to complainant, Mandel told Client #30 that the client was a "slime" and "no good," and that his social worker didn't want him in her car.

27. On at least one occasion between December 20, 1988 and August 18, 1990, the exact date of which is unknown to complainant, Mandel told Client #23 that her parents didn't care about her.

28. On at least one occasion between May, 1985 and February, 1987, the exact date of which is unknown to complainant, Mandel embarrassed and humiliated a female client by telling male clients that the female client had venereal disease.

29. On more than one occasion between November 7, 1988 and June 8, 1989, the exact dates of which are unknown to complainant, Mandel forced Client #31 to sit on a pillow in a corner, or along a wall, for many hours at a time,

30. During 1978, 1979, and 1980, on a frequent and routine basis, the exact dates of which are unknown to complainant, Mandel abused Client #47 as follows:


a) Client #47 lived in a house with Mandel. Mandel would wake Client #47 by pinching his breasts and/or by putting his hands under the sheets on the client's buttock, and genital areas,
b) Mandel invaded Client #47's privacy by watching him dress;
c) Mandel would bite Client #47 on the cheek;
d) Mandel would pull Client #47's hair so hard that it would come out by the roots;
e) Mandel would verbally abuse Client #47 by telling him that he "could not make it in the world."


31. On a routine and frequent basis, Mandel restrained clients by using the followinq techniques:


a) Twisting a client's arm(s) behind his/her back and pulling up on the arm(s) until the client grabbed his/her hair;
b) Standing behind a client and pulling on the client's crossed arms until pain was inflicted:
c) Jerking a client off his/her feet and slamming the client into a wall.
d) Slamming a client face first into a wall while holding the client's arm(s) behind his/her backs.
e) Forcing a client into a chair, pulling the client's arms under the arms of the chair, then pulling the client's arms up and over until the client was in pain.

 




 

C. BEN HERLIN, respondent's staff person, violated the personal rights of clients in care as follows:


1. On or about May 10, 1990, Herlin restrained and struggled with Client #13, dragged the client along the railroad tracks, and caused him to sustain a lump on his head, splinters in his knee, a scrape on his arm, and pain to his back. 
2. On or about June, 1990, Herlin repeatedly struggled with Client #32 to keep him from leaving the time-out room, then stepped aside and allowed the client to fall face down and sustain a bloody nose,
3. On or about April 1, 1990, staff person David Simon and Herlin restrained Client #32 by holding the client's arms and pushing his head forward,
4. On at least one occasion between June 27, 1990 and August 9, 1990, the exact date of which is unknown to complainant, Herlin spit on Client #34.





D. MATT HERLIN, respondent's staff person, violated the personal rights of clients in care as follows;


1. On or about January 29, 1990, Herlin restrained Client #32, thereby causing soft tissue damage to the client's left collarbone.



 

E. DAVID LOCKWOOD, respondent's staff person, violated the personal rights of clients in care as follows;


1. On or about August 24, 1988, Lockwood tackled, then fell on Client #25, thereby breaking the client's collarbone.
2. On at least one occasion between June 17, 1990 and November 15, 1990, the exact date of which is unknown to complainant, Lockwood threatened to "kick the living shit" out of Client #8.





 
F. SANDY SIMON, respondent's staff person, violated the personal rights of clients in care as follows;


1. On at least one occasion between October 29, 1987 and September 13, 1989, the exact date of which is unknown, Simon told Client #15 that the client was "going to hell."





G. JEANIE YOUNG, respondent's staff person, violated the personal rights of clients in care as follows:


1. On at least one occasion between June 27, 1990 and September 22, 1990, the exact date of which is unknown to complainant, Young threatened to put Client #12's head in a vise and pull his ears off.





H. ANTHONY VASQUEZ, respondent's staff person, violated the personal rights of clients in eare as follows:


1. On or about September 1, 1990, Vasquez punished Client #35 by assigning the client to sit for seven and one-quarter hours.





I. GRETA ELLIOtT, respondent's staff person,violated the personal rights of clients in care as follows:


1. In or about January, 1990, the exact date of which is unknown to complainant, Elliott withheld Client #36's shoes and jacket and let the client wander around the intake compound for several hours in freezing weather, with ice on the ground, and without adequate clothing.





J. LANCE McKINNEY, respondent's staff person, violated the personal rights of clients in care as follows;


1. On or about July 24, 1950, Mckinney jerked Client #37 off the floor and threw the client into a chair.
2. On approxmately ten occasions between March and September of 1989, the exact dates of which are unknown to complainant, Mckinney grabbed Client #14, jerked him off his feet and carried him to the time-out room.



 

 

K. MICHAEL TOLBERT, respondent's staff person, violated the personal rights of clients in care as follows;


1. On at least one occasion between October 29, 1987 and September 13, 1989, the exact date of which is unknown to complainant, Tolbert grabbed Client #15 from behind, twisted the client's arm behind his back, and slammed him on the ground.





L. DAVID SIMON, respondent's staff person,violated the personal rights of clients in care as follows;


1. On at least one occasion between October 29, 1987 and September 13, 1987, the exact date of which is unknown to complainant, Simon caught Client #15 trying to jump a fence and choked the client until he got off the fence.





 
M. CHRIS MALLET, respondent's staff person, violated the personal rights of clients in care as follows;


1. On more than one occasion between October 29, 1987 and September 13, 1987, the exact dates of which are unknown to complainant, staff person Chris Mallet restrained Client #15 by standing behind him, pulling the client's crossed arms and pushing on the client's back with his knee.

2. On at least one occasion between June 27,1990 and September 22, 1990, the exact date of which is unknown to complainant, Mallet threw Client #12 across the room.



 

 

N. BROCK ELLIOTT, respondent's staff person, violated the personal rights of clients in care as follows;


1. On at least one occasion between June of 1988 and December of 1989, the exact date of which is unknown to complainant, Elliott threw Client #2 into the time-out room by her hair.

 



 

O. SHANNON MANN, respondent's staff person, violated the personal rights of clients in care as follows;


1. On at least one occasion between August 20, 1988 and September 14, 1988, the exact date ofwhich is unknown to complainant, Shannon Mann hit Client #38 on the head.

 




 
P. PAMELA SIMON, respondent's staff person,violated the personal rights of clients in care as follows;


1. In or about September of 1988, the exact date of which is unknown to complainant, Simon grabbed Client #2 by the arm and threw the client out the door.





Q. E. MARIE TOLBERT, respondent's current Community Director, violated the personal rights of clients in care as follows;


1. On or about August 20, 1985, Tolbert grabbed Client #39 by the hair, called the client a "bitch" and forced her off a chair onto the floor.

2. During the period 1978 throuqh 1980, Tolbert emotionally abused Client #47 by repeatedly telling him that he "could not make it in the world" because "ISO'T Was his calling."





R. RICHARD OLSON, respondent's staff person, violated the personal rights of clients in care as follows;


1. On more than one occasion between June 5, 1986 and January 15, 1987, the exact dates of which are unknown to complainant, Olson restrained clients #40 and #41 by forcing them into chairs and pulling their arms under the chair arms and up until pain was inflicted.


 



 

S. RON HASSLER, respondent's staff person, violated the personal rights of clients in care as follows;


1. On at least one occasion between May of 1985 and February of 1997, the exact date of which is unknown to complainant, Hassler slammed Client #20 face first into a corner causing pain.





T. RANDY ANDERSON; respondent's staff person, violated the personal rights of clients in care as follows:


1. On numerous and frequent occasions, during the period 1979 through 1980, the exact dates which are unknown to complainant, Anderson slammed Client #47's head against a wall.





U. Respondent engaged in a pattern and practice of violating the personal rights of clients in care in that on numerous and frequent occasions, respondent's staff over-reacted to client behavior and employed an inappropriate level and/or degree of force in response to such behavior including, but not limited to, humiliating, threatening, intimidating, physically and verbally abusing clients, and failing to protect clients, as illustrated by paragraph VI A throuqh T above and by the following;

1. On repeated occasions between June 11, 1985 and December 20, 1986, the exact dates ofwhich are unknown to complainant, Client #17 was called "bitch" and "tramp" by staff persons, including, but not limited to, Larry Mann, Raymond Mandel, David Lockwood,Richard Olson, and Rick Scott

2. Female staff persons including, but not limited to, Linda Mann, Sandy Simon, Debra Simon, Pamela Simon, and Greta Elliott, frequently told clients they were "Satan's little helpers", "You'll never be any good","You're going to hell", "You're not my equal and never will be."

3. On or about Auqust 20, 1985, staff failed to protect Client #42, in that the client suffered an avulsed ligament and chipped bone in her ankle when she was a bystander at a riot in the time-out room.

4. On a routine and frequent basis, clients were humiliated and berated in the presence Of peers, usually at mealtime, by staff persons including, but not limited to Raymond Mandel, Darla Mandel, Larry Mann, Linda Mann, Ralph Simon, Sandy Simon, Anthony Vasquez and Patience Vasquez.

5. On a routine and frequent basis, between one and fourteen clients were confined to the "time-out room", an unfurnished room with a bare floor, often for extended periods of time.

6. During the period of licensure, clients were routinely strip searched by staff on duty in the time-out room when they were returned to the facility after having run away.
7. Facility staff had a practice of chasing run-away clients with a pickup truck and using whatever force was necessary to get clients into the truck.

Staffpersons involved in this activity included, but were not limited to, Raymond Mandel, Larry Mann, Ben Herlin, Shannon Mann, Isaac Mann, David Simon, and David Lockwood.

8. On or about December 2, 1987, staffpersons Larry Mann, Raymond Mandel, Linda Mann, and Shannon Mann restrained Client #15 by holding his arms and legs, then repeatedly antagonized him with derogatory statements about his personal history of having been sexually abused, and forced him back to the floor when he tried to get away.

9. On at least one occasion between June of 1988 and December of 1989, the exact date of which is unknown to complainant, facility staff forced Client #2 to remain in the time-out room for approximately eighteen hours.

10. On at least one occasion between June of 1990 and September of 1990, the exact date of which is unknown to complainant, Clients #8, #12 and #26 were confined in the time-out room together for almost 24 hours.  

11. On more than one occasion between March 1, 1990 and July 18, 1990, the exact date of which are unknown to complainant, Client #13 was jerked by the hair to get him into the time-out room. Staff persons who jerked Client #13 by the hair included Ben Herlin, Chris Mallet and David Simon.

12. On or about August 20, 1985, staffpersons including, but not limited to, David Lockwood, Rick Scott and John Hill confined Client #43 to the time-out room by placing a piece of plywood across the doorway.

13. During the period of licensure, staffpersons including, but not limited to, Raymond Mandel, Larry Mann, Larry Trotter, Greta Elliott, and David Simon frequently yelled at clients.

 




 

VII
SUBJECT MATTER: FAILURE T0 REPORT
APPLICABLE LAW: Health and Safety Code Sections 1520; 1525;And 1550(a) and (b)Regulation Section 80061


ALLEGATIONS :Respondent violated statutes and regulations pertaining to reporting requirements as follows:


A. Staff children #1, #2, #3 and #4 were sexually molested by former Client #44 during the period of 1980 to 1983. Respondent had knowledge of the Suspicion of child abuse and did not report it to licensing.

B. Respondent had a pattern and practice of altering incident reports to reflect other than the actual facts.





VIII
SUBJECT MATTER: ACCOUNTABILITY/RESPONSIBILITY FOR PROVIDING CARE AND SUPERVISION
APPLICABLE LAW: Health and Safety Code Section 1550(a) and (b) Requlations sections 80063 and 80075


ALLEGATIONS:
A.During the period of licensure, respondent's Board of Directors has failed to actively and properly function to prevent the violations of licensing statutes and regulations complained of in this Accusation/Statement of Issues.

IX
SUBJECT MATTER :CONDUCT INIMICAL
APPLICABLE LAW : Health and Safety Code Section l550(c) REGULATIONS :


A. In or about June of 1990, the exact date of which is unknown to complainant, Executive Director Joseph Tolbert stated he would shoot Ed Abdallah, who had written a letter critical of ISOT.

B. In or about June of 1990, the exact date of which is unknown to complainant, staff person Larry Mann stated that Ronnie Mann could arrange to have Ed Abdallah shot.

C. On more than one occasion in 1990, the exact dates of which are unknown to complainant, former Executive Director Marie Tolbert badgered an ISOT staff person she suspected of sharing information with State Licensing.

D. In or about July of 1981, Executive Director Joseph Tolbert kissed and hugged Child #5, a female who was under the age of eighteen.

E. The following incidents occurred prior to 1983, the exact dates of which are unknown to complainant, when ISO'T, Inc. was licensed as a homefinding agency, demonstrating conduct which is inimical to the health, morals, welfare or safety of individuals in care.


1. Marie Tolbert forced the minor daughter of a staff person to take a tranquilizer after repeatedly pulling the girl's hair and verbally harassing her.

2. Marie Tolbert threw a glass of milk at Client #45 and hit the client with the glass.

3. On more than one occasion, Client #45 was locked in a room for several days and "marathoned" by ISOT elders.

4. Joseph Tolbert kissed, hugged, and caressed Client #45, a female who was under the age of eighteen years.

5. Client #44, who had been sexually molested, was allowed to care for younger children without supervision.

6. Marie Tolbert said a female client was possessed by demons, shook the client forcefully, restrained her on the floor, then locked her in a room for 24 hours.

F. During the period of licensure, respondent has engaged in conduct which is inimical to the health, welfare and safety of clients receiving services from the facility, or the people of the State of California, as more specifically alleged in paragraphs VI through VIII E Above.




PETITION FOR DISCIPLINE


The conditions, acts and/or omissions set forth above constitute grounds for denial of respondent's application for a renewal license and for revocation of respondent's license.
WHEREFORE, complainant seeks to deny respondent's application for a renewal license and to revoke respondent's license to operate a group home.


DATED:July 26, 1991



________________________________________________

Deputy Director Comunity Care Licensing Division
Department of Social Services
State of California