Justice Department Sues State Over Kids In Nursing Homes
July 23, 2013
Nearly a year after issuing a scathing investigative report, the U.S. Justice Department on Monday filed a lawsuit alleging that Florida has violated the Americans with Disabilities Act by unnecessarily placing children with disabilities in nursing homes.
The 23-page complaint contends that the state should have taken greater steps to provide services to children in their family homes and communities instead of placing them in nursing facilities. It said the Justice Department has tried to negotiate with the state to resolve the issues, but it determined that “compliance cannot be achieved through voluntary means.”
“The state discriminates against children and young adults with disabilities by administering and funding its programs and services for these individuals in a manner that has resulted in their prolonged and unnecessary institutionalization in nursing facilities or placed them at risk of such institutionalization in violation” of the Americans with Disabilities Act, said the lawsuit, filed in federal court in South Florida.
But Liz Dudek, secretary of the Florida Agency for Health Care Administration, said the state has taken steps this year that, in part, led to 31 children being discharged from nursing facilities and others being diverted. Dudek has repeatedly disputed the Justice Department allegations stemming from last year’s investigative report.
“Florida has made many improvements in its already strong program of caring for medically complex children and helping their families cope with their everyday challenges,” Dudek said in a prepared statement Monday. “Today?s Obama Administration action shows that Washington is not interested in helping families improve but instead is determined to file disruptive lawsuits with the goal of taking over control and operation of Florida?s Medicaid and disability programs.?
The issue centers on children who have costly, complex medical needs and are eligible for Medicaid assistance. As examples, the state said last year that many of the children in nursing homes have what are known as tracheostomy tubes to help them breathe, and many others are on ventilators.
The Americans with Disabilities Act, a landmark law that seeks to prevent discrimination against people with disabilities, led to requirements that public agencies “administer services, programs and activities in the most integrated setting appropriate” to the people’s needs.
In the new lawsuit and in the investigative report issued last year, the Justice Department contended that the state has failed to meet those requirements and has not provided adequate services and funding to help children live with their families and in their communities. The lawsuit said nearly 200 children are in nursing homes.
“The institutionalized children spend most of their days residing in shared rooms with other individuals with disabilities, participating in meals and activities with other individuals with disabilities, and having only limited interaction with individuals without disabilities,” the lawsuit said. “Many of the residents’ families live in other areas of the state, leaving the children hundreds of miles from family and loved ones.”
The lawsuit seeks a declaration that the state has violated the Americans with Disabilities Act, along with an injunction that would effectively force the state to provide “appropriate, integrated community-based services and supports” to meet the children’s needs. Also, it seeks damages to compensate children in nursing homes for injuries they have suffered because of the state’s alleged lack of compliance with the federal act.
Federal officials argue, in part, that the state has failed provide sufficient money for in-home nursing services that would allow the children to live with their families. Also, it points to a massive waiting list for services at the state Agency for Persons with Disabilities, which it says has led to children going into nursing homes.
The Justice Department started its investigation in December 2011. Also, in March 2012, a separate civil lawsuit was filed against the state on behalf of children in nursing homes, and that lawsuit remains pending.
In its statement Monday, AHCA said it has taken steps during the past year such as improving care coordination for families. It said enhanced services are helping “in transitioning children out of pediatric nursing facilities as well as keeping children who are being served in the community, in the community.”
But critics say the state has not done enough to comply with the Americans with Disabilities Act and to prevent children from living in nursing homes.
“Little kids, especially, need interaction,” said Paolo Annino, .an attorney for the plaintiffs in the civil lawsuit and a professor of public-interest law at Florida State University. “And they need someone who cares for them. I hope the state does the right thing.”
One Injured In Highway 29 Crash With Semi Truck
July 23, 2013
One person received minor injuries a wreck involving a semi truck Monday afternoon in Cantonment.
John Smith, 54 of Chaplain, NY, was southbound in a semi-truck on Highway 29 behind a 1996 GMC Sierra driven by 68-year old Carl Gray of Cantonment. When Gray slowed to turn right onto Harvest Hill Drive, Smith was unable to stop and rear-ended a trailer being pulled by Gray. Smith and Gray were uninjured.
Gray’s passenger in the pickup, 54-year old Anthony Hail of Cantonment, was transported by Escambia County EMS to West Florida Hospital with minor injuries.
Smith was cited for failure to use due care by the Florida Highway Patrol. The Cantonment Station of Escambia also responded to the crash.
NorthEscambia.com photos by Kristi Smith, click to enlarge.
Wahoos Rained Out
July 23, 2013
The Pensacola Blue Wahoos’ contest with the Huntsville Stars scheduled for Monday night at Pensacola Bayfront Stadium has been postponed due to inclement weather. The game will be made up as part of a doubleheader at some point during the series in Huntsville from August 18-22 at a time to be announced later.
Fans with tickets to tonight’s game can use their ticket for any 2013 regular season home game, subject to availability for a ticket of equal or lesser value. Exchanges must be made in person at the Blue Wahoos Ticket Office and cannot be processed via telephone, email or fax.
The Wahoos now hit the road for a five-game series with the Mississippi Braves starting on Tuesday night at 7 p.m. Shaun Ellis, Monday’s scheduled starter, will now get the call on Tuesday against Mississippi’s Aaron Northcraft (3-8, 4.17)
Boy Scout Leader, School District Employee Charged With Molesting Three Kids
July 22, 2013
A local Boy Scout leader and school district employee has been arrested for molesting three girls.
Douglas Alden Parker, 47, was charged with three counts of felony lewd and lascivious behavior.
Pensacola Police Sgt. Kristin Brown said detectives began investigating Parker on July 14, the same day one of the females filed a complaint against Parker with the Department of Children and Families. An investigation determined the females were ages three to nine years old when Parker had sexual contact with them.
Brown said detectives also are in the process of examining Parker’s computer after child pornography was found on it, and additional charges are pending for possession of child pornography.
As of July 16, Parker was a Boy Scout leader with local Troops 3 and 608 and was an information technology employee for the Escambia County School District. The school district position had no direct contact with children, according to police.
Parker remains in the Escambia County Jail with bond set at $300,000.
The case remains under investigation. Anyone having questions or information about Parker’s activities is asked to contact Sgt. Kristin Brown at (850) 435- 1965.
Downed Tree Limb Cuts Power For Some Cantonment Residents
July 22, 2013
An unknown number of Gulf Power customers in Cantonment lost power when this large limb fell into power lines in the 100 block of Madrid Road about 11 a.m. Monday. NorthEscambia.com photo by Kristi Smith, click to enlarge.
Barrineau Park Man Sentenced On Animal Cruelty Charges
July 22, 2013
A Barrineau Park man who was convicted on animal cruelty charges has been sentenced to probation and 90 days in jail.
Roger Legrande Kervin, 67, was originally charged with 88 animal abuse related charges. He was convicted on four animal abuse counts. Judge Terry Terrell sentenced Kervin two years community control to be followed by three years probation. He was also ordered to serve 90 days in jail within the first two years of supervision, with credit for 36 days previously served. He is also not allowed to posses any animal.
Kervin faced a maximum of 12 years in prison.
Kervin was arrested in February 2012, three days after the first of 90 animals were seized from his property on Lawson Lane near Barrineau Park. Many of the animals were euthanized.
Before his arrest, Kervin spoke out in his own defense, saying that he had done nothing wrong. Kervin said he kept his dogs in good shape for wild hog hunting, often using the wild pork to feed people at charity events. During his trial Thursday, Kervin continued to maintain that he kept dogs on his property for hunting wild hogs.
This was not the first time Kervin had faced animal abuse charges. According to court records, he was sentenced to probation in 1992 for using animals to bait or fight other animals.
Editor’s note: The following information, from the State Attorney’s Office arrest warrant affidavit, is graphic and may be disturbing to some readers. It details the original allegations against Kervin at the time of his arrest. Dozens of the charges against Kervin were dropped or dismissed prior to his trial.
Escambia County Animal Control seized 20 dogs on Tuesday, February 14, 2012. According to an affidavit, several of the dogs were emaciated while some displayed open sores and infections. Some of the dogs were aggressive and had puncture wounds and scarring. One of the dogs was in a seizure and was in need of immediate medical attention. Another suffered a ruptured anus.
The pen where the dogs were kept were filled with feces and mud that was several inches deep with limited to no shelter. The dogs had no potable water and no food. Several where tethered with “large” or “heavy” chains. Ten of the 20 dogs –both hounds, bulldogs and mixed breeds — that were seized Tuesday were euthanized.
The affidavit details the condition of each euthanized dog. In addition to being emaciated, one or more of the dogs suffered from conjunctivitis in both eyes, sores, infections, infected toenails and fly sores.
“Several of the dogs had puncture wounds and scarring consistent with fighting,” the arrest warrant states.
In addition to the seized dogs, Escambia County Animal Control found two dead goats, one dead hog and nine skeletal remains. Another 23 dogs on the premises were living in feces-covered pens with non-potable water, no food and limited to no shelter. There were 16 hogs kept in a pen without escape from their slop which contained feces, urine, food and mud. The hogs also had no drinking water and no food. There was, according to the report, a dead hog in the same pen as the live hog. There were 16 goats, five of which were at large on Lawson Lane. Some were malnourished and their pen had no grazing material.
When the State Attorney’s Office, Escambia County Sheriff’s Office and Escambia County Animal control returned on Wednesday, February 15, 2012, with a search warrant, 23 dogs, 16 goats, 16 hogs and two piglets were seized. Authorities also seized treadmills and unspecified medications. The animals were in poor living conditions, but authorities noted that conditions had improved from the previous day. Fresh sand and dirt and been placed in all of the pens and shelters to cover the feces and mud. At least one standing pen had been washed out with a hose to remove feces from the bottom.
Pictured above and below: Roger Kervin’s property on Lawson Lane at the time numerous animals were seized. NorthEscambia.com file photos, click to enlarge.
Molino’s Gindl Makes History With Walk-Off Homer For The Brewers (With Video)
July 22, 2013
Molino’s Caleb Gindl made history Sunday for the Milwaukee Brewers as he became the first in franchise history to hit a walk-off for his first MLB homer.
Gindl went 2-for-5 on Sunday, including a sweep-clinching home run in the 13th inning that gave the Brewers a 1-0 win over the Marlins at Miller Park.
It was Gindl’s first Major League home run, so he was not surprised to get the traditional cold shoulder. In this case, that meant his teammates hustling up the clubhouse tunnel rather than onto the field to offer high-fives. (Video at the bottom of the page.)
“I kind of knew that was going to happen,” Gindl said. “I saw [Jean Segura] at home plate, and I was like, ‘I guess the rest of them are in the tunnel.’ I was running up there to find them.
“That’s the highlight of my career.”
Gindl, a natural right fielder who is capable of playing all three spots, had endured some lowlights in a previous stint with the Brewers. He made costly errors in back-to-back games, including a June 27 drop that contributed to four unearned runs in a 7-2 Brewers loss, then was optioned back to Triple-A Nashville the next day after getting some encouraging words from manager Ron Roenicke.
“He told me he knows I can play the outfield, that the first time up here is always different — which it is,” Gindl said. “‘I think you play with a lot of nerves,’ he told me, ‘Hey, go back down there and do what you’re supposed to do, and you’ll be back.’”
Gindl responded by playing clean defense and batting .421 with seven extra-base hits in Nashville’s first 10 games in July. He brought that hot bat into Sunday’s start against Miami.
“He really squared up four baseballs,” Roenicke said. “Good at-bats all day, and we didn’t have a whole lot of those, so it was nice to see him swing well.”
He also played a mistake-free game in the outfield in place of Ryan Braun, who was used only as a pinch-hitter.
“When those things happen and you make one error, you think about it, like, ‘Oh my God, don’t let it happen again,’” Gindl said before Sunday’s game. “Then when it happens again, you go, ‘Oh, no,’ and it’s the kind of thing that sticks with you a little bit. That’s not me. I’m not used to making errors at all, especially in the outfield on popups. … It’s nice to get another opportunity. I’m not going to play so timid this time. I’m going to play wide-open.”
Gindl’s bat has been his best asset since the Brewers’ made him a fifth-round Draft pick in 2007. He is a .293 hitter with 81 home runs in seven Minor League seasons, but Sunday marked a first.
“Never in my life have I ever hit a walk-off homer,” Gindl said. “That was the first, and it was unreal running the base. It was pretty special.”
The homer ended the Majors’ longest scoreless game since Boston won, 1-0, in 16 innings at Tampa Bay on July 17, 2011, according to Stats, Inc.
Gindl never expected to be the one to do it.
“Not at all,” Gindl said. “Not a chance. I thought Braun or Rickie [Weeks] or somebody like that, but not me. Me and Jerry [Narron, the Brewers' bench coach] actually just talked about it, and he said, ‘Don’t try to hit a homer. Hit a double.’ That was my approach. When I hit it, I thought it had a chance, but I thought it was going to go foul, actually. It snuck in there for me.”
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Courtesy MLB/Milwaukee Brewers.
One Injured In Cantonment Pickup Truck Wreck
July 22, 2013
One person was injured in a single vehicle accident Sunday night on Tate Road near West Roberts Road. The driver of a GMC Sierra apparently lost control, ran off the roadway and struck a tree about 10:35 p.m. The driver was transported to an area hospital with non-life threatening injuries.
The accident is under investigation by the Florida Highway Patrol. Escambia County EMS and the Cantonment Station of Escambia Fire Rescue also responded to the crash.
NorthEscambia.com photo by Kristi Smith, click to enlarge.
Business Groups: Online Sales Tax Loophole Costs Florida Jobs
July 22, 2013
Business advocates have gotten behind a study that says Florida would see robust job growth if “e-Fairness” tax laws were adopted to close loopholes that allow many out-of-state retailers to avoid collecting sales taxes when Floridians make purchases online.
The Florida Chamber of Commerce, Associated Industries of Florida, and the Florida Retail Federation, along with Florida TaxWatch, on Friday lent their support to the national study that estimates more than 107,000 mostly retail jobs would be created in Florida within a decade if sales taxes were collected for online purchases. They hope the data from the Alliance for Main Street Fairness study will sway lawmakers to require the collection of the taxes.
Pensacola Blue Wahoos Over Huntsville 7-5
July 22, 2013
The Pensacola Blue Wahoos overcame a late two-run deficit with four runs in the last of the seventh inning to knock off the Huntsville Stars 7-5 on Sunday afternoon at Pensacola Bayfront Stadium. The win snapped Pensacola’s three-game losing streak and seven-game home losing skid.
Trailing 5-3 entering the seventh inning, Corey Wimberly drew a leadoff walk in front of Mike Costanzo who launched his first homer in a Wahoos uniform this season to knot the game at five. Yorman Rodriguez followed with a walk before Donald Lutz tripled him home on a fly ball to center, giving Pensacola a 6-5 lead. Tucker Barnhart drove home Lutz with a sacrifice fly to left to give the Wahoos a two-run lead.
Jamie Walczak fired a 1-2-3 eighth to set up Trevor Bell, who notched his sixth save of the season with a scoreless ninth frame, picking up two strikeouts in the process.
Pensacola jumped out on top in the contest in the last of the first against Huntsville starter Ariel Pena. With two on and one out, Lutz singled to right to score Costanzo before Barnhart brought home Rodriguez with a groundout, pushing Pensacola out in front 2-0. Lutz had the lone multi-hit game for the Wahoos posting a 2-for-3 night with two RBI. Barnhart saw his eight-game hitting streak come to an end, but still managed to drive home two runs.
The two teams traded tallies in the fifth inning. In the top half of the frame, Chadwin Stang tripled and scored on Nick Shaw’s sacrifice fly to make it 2-1. Pensacola countered in the last of the inning by loading the bases with nobody out and scoring a run on a double play ball off the bat of Barnhart.
Wahoos starter Josh Smith then ran into trouble in the sixth inning as he yielded a leadoff homer to Jason Rogers, his fourth homer in the last two games. Mike Walker then doubled before a walk and a fielder’s choice forced Smith from the contest. Drew Hayes entered and promptly gave up a go-ahead three-run homer to Hector Gomez, giving the Stars a 5-3 lead.
Hayes battled back to pick up the win, improving to 3-2. The right-hander was charged with a run on two hits with three strikeouts. Smith took a no-decision while allowing four runs on five hits in 5.1 innings with seven strikeouts. Overall, the Wahoos struck out 14 Stars, setting a new season-high for a nine-inning game.
Arcenio Leon (1-6) took the loss for Huntsville as he gave up three of the four runs in the seventh inning. Pena lasted five frames for Huntsville, giving up three runs on five hits with six strikeouts and five walks.
The five-game series wraps up on Monday at 7 p.m. at Pensacola Bayfront Stadium. Shaun Ellis (3-1, 3.55) will get the ball for Pensacola against Huntsville’s Andy Moye (4-10, 4.37).