FINDINGS OF FACT
1.Annel S. Wade is the holder of a license to operate C&S Community Care Home
(C&S/Facility) issued by the South Carolina Department of Health and Environmental
Control (Department) pursuant to S.C. Code Ann. § 44-7-110 et seq. (2002). C&S
Community Care Home, located in Alvin, South Carolina, has a licensed capacity of 18
(eighteen) beds.
2.Prior to revoking the Facility’s license, the Department had previously entered into a
consent order with S&W Community Care Home (the Facility’s former name) on
October 5, 1995. Additionally, monetary penalties had been issued against the Facility in
amounts of $6100 and $5100 and its license had been suspended. Also, the Department
had provided a consultation to the Facility on December 10, 2003.
3.In response to two complaints, on February 18, 2004 Department representatives visited
C&S and issued citations for violations and repeat violations of 25A S.C. Code Ann.
Regs. 61-84 (Supp. 2003), Standards for Licensing Community Residential Care
Facilities.
4.Having received two additional complaints, the Department returned to the facility on
May 26, 2004 and July 23, 2004 and issued further citations for violations and repeat
violations of Regulation 61-84.
5.Due to continuing violations and repeat violations at the Facility – as well as its past
record – the Department notified C&S Community Care Home by letter dated August 9,
2004, that it was revoking its license for violations and repeat violations of S.C. Code
Ann. Regs. 61-84 (Supp. 2003), Standards for Licensing Community Residential Care
Facilities. The letter advised that this determination would become final thirty days from
the date of the letter unless during such thirty (30) day period a written letter of appeal
requesting a contested case hearing under S.C. Code Ann. Section 44-7-320(B) (2004)
and Rules of Procedure for the Administrative Law Court was submitted.
6.By letter dated August 26, 2004, the Facility submitted a timely appeal of the
Department’s August 9, 2004, decision to revoke its license.
7.Prior to proceeding to an administrative hearing, the parties were able to come to a
mutual agreement to resolve this matter.
THEREFORE, IT IS AGREED
1.The Licensee will voluntarily close this facility within sixty (60) days from the execution
of this Consent Order. Closure of this facility does not preclude the licensee from
operating a business, other than a residential care facility, at this location.
2.With the closure of this facility, the Licensee agrees to:
a.Provide residents of the facility with a thirty-day written notice prior to the
closure of this facility;
b.Assist residents in transferring to other appropriate facilities;
c.Ensure that all residents of this facility are appropriately transferred by no
later than sixty (60) days following execution of this Consent Order;
d.Ensure that residents are given their personal possessions;
e.Ensure that residents are given their medications (as appropriate);
f.Ensure that residents are given a refund (as appropriate);
g.Notify the Department in writing where each resident has been transferred,
his/her date of transfer, and the location address where each resident was
transferred within ten days of the resident(s) date of transfer;
h.Notify the Department in writing where resident records will be stored for the
six years following closure of the facility; and
i.Return the last license issued by the Department for this location to operate as
a community residential care facility.
3.The Licensee agrees to withdraw its contested case pending before the Administrative
Law Court.
4.The Licensee of this facility understands that Section 101 L. of 25A. S.C. Code Ann.
Regs. 61-84 (Supp. 2003), Standards for Licensing Community Residential Care
Facilities defines a community residential care facility as “A facility which offers room
and board and which, unlike a boarding home, provides/coordinates a degree of personal
care for a period of time in excess of 24 consecutive hours for two or more persons, 18
years old or older, not related to the licensee within the third degree of consanguinity. It
is designed to accommodate residents’ changing needs and preferences, maximize
resident’s dignity, autonomy, privacy, independence, and safety, and encourage family
and community involvement. Included in this definition is any facility (other than a
hospital), which offers or represents to the public that it offers a beneficial or protected
environment specifically for individuals who have mental illness or disabilities. These
facilities may be referred to as ‘assisted living’ provided they meet the above definition
of community residential care facility.”
5.The Licensee agrees that she or her agents will not operate an unlicensed community
residential care facility at this location or any other location within the State of South
Carolina. The Licensee understands that should the Department determine through
inspection that such facility exists, the Department will assess a penalty in accordance
with S.C. Code § 44-7-320(C) (2004).
6.This Agreement constitutes the entire agreement between the parties with respect to
resolution and settlement of the matters set forth herein. The parties are not relying upon
any representations, promises, understandings, or agreements except as expressly set
forth within this Agreement. No additional statements, inducements or promises have
been made by either party in consideration for entering into this Consent Agreement and
Order.
7.Annel S. Wade understands that this Consent Agreement governs only the liability for
civil sanctions arising from the matters set forth herein and does not affect or purport to
affect any criminal liability or liability to any entity not a party to this order.
AND IT IS SO ORDERED
_________________________________________3/25/05__________
Marvin F. KittrellDate
Chief Administrative Law Judge