SubscribeDonate
  • Home
  • About
  • Events

Carolina Public Press

  • Crime and Justice
  • Economy
  • Education
  • Energy
  • Environment
  • Healthcare
  • Politics & Government

Cedarbrook lawyer argues state action ‘arbitrary and capricious’

January 10, 2018, by Michael Gebelein

Facebooktwittergoogle_plusredditpinterestlinkedintumblrmail

HIGH POINT — Attorneys for the Cedarbrook Residential Center in Nebo argued before an administrative law judge on Tuesday that an admissions ban at the facility should be fully lifted because a damning statement of deficiencies created by state surveyors was little more than a series of mischaracterizations.

Frederic Leonard

Cedarbrook Residential Center owner Frederic Leonard appears during an early hearing in November. Michael Gebelein / Carolina Public Press

Administrative Law Judge Randall May, who is presiding over the hearing at the Guilford County Courthouse in High Point, granted a restraining order on Nov. 15 that lifted the suspension of admissions temporarily, but Cedarbrook’s attorneys are now asking the judge to remove the suspension order entirely.

Attorney Joey Ponzi argued on behalf of Cedarbrook during the first day of the hearing on Tuesday. Lawyers from the state Department of Justice representing the Department of Health and Human Services Division of Health Service Regulation were scheduled to present their side Wednesday during a continuation of the hearing.

The McDowell County Department of Social Services and state regulators conducted a survey of Cedarbrook in late September and early October that led to a nearly 200-page statement of deficiencies that cited the facility for alleged problems related to supervision of residents, medication administration, staffing and resident rights. The state suspended admissions at the facility on Oct. 23.

Among the many allegations in the statement of deficiencies were that a resident was forced to lay on a soiled incontinence pad, that one resident with increasingly violent tendencies and another who had a history of drinking household products weren’t properly supervised and that residents were routinely not receiving proper assistance with bathing. The 80-bed facility provides housing for adults with care needs, many of them with mental illnesses.

During Tuesday’s hearing, Ponzi presented affidavits from residents, staff and medical professionals that he said contradicted many of the allegations in the statement of deficiencies.

He also presented the deposition of DHSR Adult Care Licensure Section Chief Megan Lamphere, which Ponzi said showed that state regulations governing adult care homes were applied in an “arbitrary and capricious” manner in the Cedarbrook case.

Ponzi accused the state of failing to “follow the facts” in the case that could contradict or mitigate the survey’s findings, of refusing to provide Cedarbrook with information about the nature of the violations that had allegedly occurred at the facility and of violating due process rules by relying on confidential interviews during the survey. Ponzi said regulators approached the survey with an inherent bias and that, as a result, the statement of deficiencies wasn’t a credible document.

The late 2017 survey wasn’t the first time Cedarbrook has faced serious allegations from state regulators or the first time it sought relief at the Office of Administrative Hearings. In 2015, Cedarbrook was the subject of a statement of deficiencies that prompted a suspension of admissions and the imposition of a zero-star rating and more than $360,000 in fines.

After Cedarbrook appealed that action before the OAH, the state eventually settled the case without either party admitting wrongdoing. As part of the settlement, the state eliminated the fines, withdrew multiple statements of deficiencies against Cedarbrook from 2015 and 2016 and created a new four-star rating.

As of this week, the state had not yet issued a new star rating for Cedarbrook based on the 2017 survey.

Comments

About Michael Gebelein

Michael Gebelein was an investigative reporter with Carolina Public Press. To contact Carolina Public Press, email info@carolinapublicpress.org or call 828-774-5290.

Upcoming Events

Unbalanced Justice: Sexual Assault in NC | Fayetteville forum…more

Mar 19 • 6:00pm – 8:00pm

Tickets Available Here »

Unbalanced Justice: Sexual Assault in NC | Raleigh forum…more

Mar 20 • 6:00pm – 8:00pm

Tickets Available Here »

Unbalanced Justice: Sexual Assault in NC | Huntersville…more

Mar 26 • 6:00pm – 8:00pm

Tickets Available Here »

Special Projects

Inmate: Investigating NC Jails
Questionable Care
Government Transparency
Forest Lookouts

Featured

A security gate at the Cherokee County detention center, in Murphy, N.C. Frank Taylor / Carolina Public Press

Former guards allege pattern of inmate abuse at NC county jail

October 29, 2018

Wilson Medical Center

Private equity merger includes 8 NC hospitals, flying under the radar

August 22, 2018

Nutritionist in Cashiers serves lunch to pre-K students.

School lunch programs becoming more essential for North Carolina families

August 20, 2018

Here’s our plan for independent, in-depth and investigative news at Carolina Public Press

July 12, 2018

Grand jury indicts former Catawba sheriff candidate on multiple charges

June 28, 2018

Graham County: Where the national forest drives the economy

June 25, 2018

Cherokee County Detention Center in Murphy

Guard fired after scrap with inmate questions handling of case as SBI investigates

June 1, 2018

Browse More Articles
  • Crime and Justice
  • Economy
  • Education
  • Energy
  • Environment
  • Healthcare
  • Politics & Government
  • Republish Our Content
  • Careers, Freelancing & Internships
  • Staff and Contributors
  • Editorial & Privacy Policies
  • 2017 Annual Report
  • Subscribe to Carolina Public Press

Contact Us

Carolina Public Press
Mailing: P.O. Box 17595, Asheville, NC 28816
Physical: 4A Herman Avenue Extension,
Asheville, NC 28803

828-774-5290

info@carolinapublicpress.org

Carolina Public Press Mission

Carolina Public Press is an independent nonprofit news organization dedicated to nonpartisan, in-depth and investigative news built upon the facts and context North Carolinians need to know. Our award-winning, breakthrough journalism dismantles barriers and shines a light on the critical overlooked and under-reported issues facing our state’s 10.2 million residents.

SubscribeDonate

© 2019 Carolina Public Press