State v. Ms. A (DMC No. 16712) – Felony Vulnerable Adult Abuse – Appeal Granted/Violation “Not Substantiated” (After a DES Nursing Board Hearing Held) – DES Investigated. (Case No. 21C-XXXXXX-APS)

Ms. A. owned a licensed adult care facility. Ms. A had a TV that she wished to donate to Goodwill, and she had two of her patients (who suffered from TBI and dementia) come with her on the trip. On the way, they stopped to get lunch first, and they saw an empty lot where people were dropping off furniture. Her two patients stated they should drop the TV off there, so that the needy could come in and pick it up (because there was a sign on the lot advertising that the items were “free”). When they got to the lot, they asked one of the men there if it was okay to also place the TV with the other items, and were assured it was fine. 

While they were doing this, a neighbor had been videotaping people, and posting it on social media. The neighbor was claiming that “garbage” was being disposed of in that lot improperly. She was recognized on social media, and a complaint was filed with DES regarding Vulnerable Adult Abuse. This claim was made because she had two of her patients with her at the time. That Complaint was upheld by DES, and that’s when she secured the services of DM Cantor for purpose of Appeal.

We incorporated the use of Private Investigators, and put together the information regarding the lot, and gave a full picture of what had transpired. At the Nursing Board Hearing with DES, this evidence was presented, along with testimony from Ms. A, and others who testified on behalf of her character. Ultimately, the Nursing Board and DES agreed to Amend their findings to “Unsubstantiate” the claims. Ms. A is still successfully running her adult care facility, and she has No Criminal or Civil findings on her Record.