ORDERS:
CONSENT ORDER AND AGREEMENT
FINDINGS OF FACT
- Wilmatine Bowles and Benjamin Bowles (Licensees) are co-holders of a license to
operate Bowles Community Care Home (BCCH) issued by the South Carolina Department of Health and
Environmental Control (DHEC/Department) pursuant to S. C. Code Ann. § 44-7-110 et seq. (Supp. 2000).
BCCH, located in McClellanville, South Carolina, has a licensed capacity of sixteen (16) residents.
2. On June 19, 2001, the Department received information that a resident had died. After local
law enforcement investigated the death, they charged Wilmatine Bowles with the resident's murder. The
South Carolina Department of Social Services removed the remaining fifteen (15) resident from the facility.
3. As a result of the foregoing events, by letter dated June 19, 2001, the Department suspended
the license of Bowles Community Care Home. In addition, the letter advised the facility that this decision to
suspend the license would become final thirty days from the mailing of the letter, unless during such thirty-day period a written appeal for a hearing was received by the Department's Clerk of the Board.
4. By letter dated June 22, 2001, BCCH submitted an appeal to the Clerk of the DHEC Board,
which the Department forwarded to the Administrative Law Judge Division (ALJD).
5. The Hon. Ray N. Stevens was assigned to preside over the case and on July 2, 2001, he
ordered pre-hearing statements to be submitted to the ALJD.
6. Prior to a hearing being held in this matter, the Department was informed in telephone conversations with
the attorney for the licensee that BCCH was seeking resolution of this matter.
- Attorneys for both parties and DHEC representatives met on July 31, 2001, and the Department agreed to
consider the matter further pending the submission of additional information and a physical examination
of the Bowles property.
- On August 10, 2001, a Department representative visited the Bowles property and the parties have now
reached mutual agreement.
THEREFORE, IT IS AGREED
Pursuant to S.C. Code Ann. § 44-7-320 (Supp. 2000) and with the consent of Bowles Community Care
Home:
- BCCH agrees to withdraw its request for a contested case hearing, Docket Number 01-ALJ-07-0271-CC,
filed with the Administrative Law Judge on June 27, 2001.
- Wilmatine Bowles agrees to refrain from living at, visiting or entering the grounds of Bowles Community
Care Home in McClellanville, South Carolina (excluding the fenced in portion of her personal residence),
until such time as all criminal charges against her are disposed of and the Department approves, in writing,
her return to the facility.
- Wilmatine Bowles agrees not to initiate contact or receive contact directly from any resident or former
resident of BCCH whether by telephone, electronic means, or in person until such time as all criminal
charges against her are resolved and the Department approves, in writing, her return to the facility. This
provision does not apply to contact between Mr. Bowles and any resident or former resident nor contact
between attorneys representing residents or former residents and Wilmatine Bowles and Benjamin Bowles.
- Should charges against Wilmatine Bowles be dropped, she may contact the Department to discuss changes
in her status at BCCH as outlined in this Consent Order.
- The Department agrees to lift the suspension imposed at BCCH and to permit the facility to admit
additional residents up to its licensed capacity.
- The facility agrees to comply fully within all provisions of 25 A S.C. Code Regs. 61-84 (Supp. 2001),
"Standards for Licensing Community Residential Care Facilities."
- It is further agreed that future violations or repeat violations of 25 A S.C. Code Regs. 61-84 (Supp. 2001)
may result in the imposition of penalties and/or relocation of the license to operate Bowles Community
Care Home.
This case is dismissed with prejudice.
AND IT IS SO ORDERED.
RAY N. STEVENS
Administrative Law Judge
This 7th day of September, 2001
Columbia, South Carolina. |
