State of Michigan

DEPARTMENT OF HUMAN SERVICES

BUREAU OF CHILDREN AND ADULT LICENSING
RICK SNYDER

MAURA D. CORRIGAN

GOVERNOR

DIRECTOR

October 11, 2013

Herman McCall
W. J. Maxey Boys Training School
PO Box 349
8701 East M-36
Whitmore Lake, MI 48189

RE: License #: CS470312027

Investigation #: 2013C0207058
W. J. Maxey Boys Training School

Dear Dr. McCall:

Attached is the Special Investigation Report for the above referenced facility. Due to
the violations identified in the report, a written corrective action plan is required. The
corrective action plan is due 15 days from the date of this letter and must include the
following:

How compliance with each rule will be achieved.

Who is directly responsible for implementing the corrective action for each
violation.

Specific time frames for each violation as to when the correction will be
completed or implemented.

How continuing compliance will be maintained once compliance is

achieved.

The signature of the responsible party and a date.

If you desire technical assistance in addressing these issues, please feel free to contact
me. In any event, the corrective action plan is due within 15 days. Failure to submit an
acceptable corrective action plan will result in disciplinary action.

P.O. BOX 30650 LANSING, MICHIGAN 48909-8150

www.michigan.gov (517) 335-6124

Please review the enclosed documentation for accuracy and feel free to contact me with
any questions. In the event that I am not available and you need to speak to someone
immediately, please feel free to contact the local office at (517) 241-1951.
Please note that violations of any licensing rules are also violations of the MSA and your
contract.
Sincerely,

Kari Muntean, Licensing Consultant

Bureau of Children and Adult Licensing
22 Center Street
Ypsilanti, MI 48198
(734) 395-0920
enclosure

P.O. BOX 30650 LANSING, MICHIGAN 48909-8150

www.michigan.gov (517) 335-6124

MICHIGAN DEPARTMENT OF HUMAN SERVICES

BUREAU OF CHILDREN AND ADULT LICENSING
SPECIAL INVESTIGATION REPORT

I. IDENTIFYING INFORMATION
License #:

CS470312027

Investigation #:

2013C0207058

Complaint Receipt Date:

08/07/2013

Investigation Initiation Date:

08/07/2013

Report Due Date:

10/06/2013

Licensee Name:

Michigan Department of Human Services

Licensee Address:

235 South Grand Avenue

Lansing, MI 48902

Licensee Telephone #:

(517) 373-3768

Administrator:

Maura Corrigan, Designee

Licensee Designee:

Maura Corrigan, Designee

Name of Facility:

W. J. Maxey Boys Training School

Facility Address:

8701 E M-36
Whitmore Lake, MI 48189

Facility Telephone #:

(734) 449-4422

Original Issuance Date:

02/23/2011

License Status:

REGULAR

Effective Date:

08/23/2013

Expiration Date:

08/22/2015

Capacity:

80

Program Type:

CHILD CARING INSTITUTION, FIA

II.

ALLEGATION(S)
Supervisor Rob Byrnes reported that youth in the facility reported in group on 8/6/13
that staff Benjamin Medina has coerced residents to lie about incidents, has allowed
residents to make unauthorized phone calls, and has given youth Vicodin pills.

III.

METHODOLOGY
08/07/2013

Special Investigation Intake

2013C0207058

08/07/2013

Special Investigation Initiated - Telephone

Spoke to Supervisor, Rob Byrnes, regarding the allegations made
by residents.

08/07/2013

Contact - Document Sent

Email exchanges with Christian Clauer, Juvenile Justice
Investigator, and Marie Runnals, DHS, regarding coordination of
investigation.

08/09/2013

Contact - Document Received

Received agency documentation from Mr. Byrnes and Ms.
Cunningham.

08/09/2013

Contact - Face to Face

Interviewed Mr. Byrnes and Stephanie Cunningham, Clinical
Social Worker. Interviewed Youths A, B, and C.

08/15/2013

Contact - Telephone call made

Attempted contact to Former Resident 1, number unavailable.
Attempted contact with Former Resident 2, left message on his
father's voicemail. Attempted contact to Former Resident 3, wrong
number. Contact with Former Residents 4 and 5 who were
interviewed.

08/15/2013

Contact - Face to Face

Collateral contact with Mr. Byrnes and Mr. Clauer.

08/20/2013

Contact - Face to Face

Attempted interview with Mr. Medina.

08/20/2013

Contact - Document Received

Received additional agency documentation from Mr. Byrnes.

08/21/2013

Contact - Document Received

Emails exchanged with Mr. Byrnes.

08/30/2013

Contact - Face to Face

2

Interviewed Benjamin Medina, Youth Specialist.

08/30/2013

Exit Conference

09/03/2013

Contact - Document Sent

Emails exchanged with Mr. Clauer.

ALLEGATION:
Supervisor Rob Byrnes reported that youth in the facility reported in group on 8/6/13
that staff Benjamin Medina has coerced residents to lie about incidents, has allowed
residents to make unauthorized phone calls, and has given youth Vicodin pills.
INVESTIGATION:
Rob Byrnes, Supervisor, reported that clinical social worker Stephanie Cunningham
was conducting group therapy on 8/6/2013 and the topic was discussing truths and
lies, without fear of consequences for lying. Through the course of this session,
some youth reported that youth specialist Benjamin Medina coached residents to lie
about incidents and events that took place during kitchen duties, which Mr. Medina
supervises. It was also alleged that Mr. Medina had pills at the agency and might
have given them to residents. One resident reportedly found a Vicodin pill in the
kitchen and gave it to Mr. Medina, who said it was his. Upon exploration of these
claims, it was further reported by youth in this group that Mr. Medina allowed youth
to make phone calls, even on his personal cell phone, watch YouTube videos on the
computer, and that Mr. Medina was buying a car from a residents father and had
gone to a Detroit Tigers baseball game with this father. In addition, it was reported
that Mr. Medina coached the residents to lie about a previously investigated incident
that occurred in the kitchen where one resident sprayed another with cleaning
solution.
Stephanie Cunningham, clinical social worker, was interviewed in by me and Mr.
Christian Clauer, BJJ, and reported that she was conducting group on 8/6/2013 with
Mr. Winston, youth specialist. Ms. Cunningham reported that the group focused on
lying and she had the residents do an activity. Through this method the residents
made several allegations against Mr. Medina. Ms. Cunninghams report of the
allegations was congruent with those noted by Mr. Byrnes (above) and what she
indicated in the incident report she completed after the group. Ms. Cunningham
further reported that she has noticed behaviors changing among her group and she
said that youth in her group have become cocky, negative, and that youth have
stopped contributing in group. Ms. Cunningham said that the residents wanted to
be in the kitchen working with Mr. Medina more and they were missing more
treatment on the POD. Ms. Cunningham went on to report on negative group
dynamics that she felt were a direct result of the residents interactions in the
kitchen. Ms. Cunningham reported that Mr. Medina would retrieve youth for kitchen

duty and kept them for hours at a time, so she made a work schedule because her
group was missing so much. Per Ms. Cunningham, Mr. Medina retrieved the
residents at any time of day and kept them in the kitchen for extended periods. This
included pulling them from classes, so Ms. Cunningham eventually stopped her
group from working in the kitchen about one month ago.
Youth A was interviewed at the facility and reported knowing the difference between
telling the truth and telling lies. Mr. Clauer was present for and participated in this
and all related interviews, except those that occurred via telephone with former
residents. Youth A reported that during a group therapy session with Ms.
Cunningham, he disclosed that he had lied about an incident that occurred in the
kitchen regarding youth spraying cleaning products. Youth A reported that although
he reported things differently during the investigation of that incident
(SI2013C0207050), he now reports that he was sprayed in the face while
horseplaying in the kitchen and alleges that Mr. Medina, the supervising staff,
rounded the residents up after the incident and told them to lie during the
investigation. Youth A further reported that Mr. Medina allows residents who work in
the kitchen to watch YouTube videos on the computer and make phone calls from
the kitchen, providing details of what they looked at on the computer and how phone
calls were made. Youth A said that Mr. Medina cooked food for the residents and
brought in food and drink mixes for the resident kitchen workers too. Youth A said
that other residents might lie for Mr. Medina because he does a lot of stuff hes not
supposed to do but hes there for the kids. Youth A further reported that Mr. Medina
was involved in a car purchase with former resident 2s father and noted that Mr.
Medina and the father were supposed to go to a Detroit Tigers game together.
Youth A reported that he has heard that Mr. Medina gave pills to other residents that
worked in the kitchen. Youth A said that a few months prior, he saw Mr. Medina
take pills in the kitchen but Youth A did not know what the pills were. Youth A said
that Youth B saw Mr. Medina drop a pill in the kitchen and indicated that Mr. Medina
said it was a Vicodin. Youth A heard that Mr. Medina gave a former resident a big
bag of pills. Youth A said that he thinks it is possible that Mr. Medina would give
residents pills but denied witnessing this occur.
Youth B was interviewed and reported that he also worked in the kitchen and was a
part of the incident where Youth A was sprayed in the face with chemicals. Youth B
said that Mr. Medina had the kids lie about the incident to cover himself. Youth B
reported that he found a pill, which he knew to be Vicodin from taking it previously
himself, in the kitchen and Mr. Medina told Youth B it was his. Youth B reported that
he has witnessed Mr. Medina take pills in the kitchen more than once. Youth B
denied witnessing Mr. Medina give pills to residents. Youth B said that he initially
reported in group that he saw Mr. Medina give former resident 2 a pill, but Youth B
said that he had miscommunicated and did not witness this. Youth B said that Mr.
Medina told him not to say anything about the pill. Youth B said that Mr. Medina was
letting kids do whatever in the kitchen. Per Youth B, Mr. Medina allowed youth to
watch things on the computer like his own sons rap videos on YouTube. Youth B
said that Mr. Medina would check his Facebook and show the residents videos and

allow them to listen to music. Youth B said that the residents were not allowed to
touch the computer, but Mr. Medina found the information and allowed them to look.
Youth B further reported that Mr. Medina allowed youth who worked in the kitchen to
make phone calls from the staff phone. Youth B said that the residents would sit
under the desk to be off camera. Youth B said that Mr. Medina was always
bringing in food and drinks (McDonalds) and would cook food for them too. Youth B
did acknowledge hearing that Mr. Medina was going to buy a car from former
resident 2s father and that the father and Mr. Medina were supposed to be going to
a Tigers game together.
Youth C reported that he also worked in the kitchen with Mr. Medina until about one
month ago. Youth C said that Mr. Medina played music and YouTube videos on the
computer for the youth and also looked up things like female UFC fighters and a girl
band from the U.K. for the residents after they were done working. Youth C said that
they would sit, eat, and talk in the kitchen. Mr. Medina reportedly brought in
McDonalds, chicken, and pizza. The youth were also allowed to make phone calls
from under the staff desk. Youth C said that former resident 4 called up to the
agency and spoke to Mr. Medina. Youth C said that he spoke to former resident 4 a
couple of weeks prior as former resident 4 was at Youth Cs cousins house during a
phone call. Youth C said that he knew about Mr. Medina asking the other youth to
lie about the incident with the chemicals in the kitchen, but noted that he was not
there for it. Youth C did report that he heard Mr. Medina talk to former resident 2s
father about buying a car from him, which Mr. Medina reportedly did. Although
Youth C denied seeing Vicodin in the kitchen, he did report witnessing Mr. Medina
take pills from a container in his pocket and consume them in the kitchen. Youth C
said that former residents 1, 3, 4 and 5 reported to him that they took and got high
off pills that might have been received from Mr. Medina. Youth C said that he did
not take any pills because he takes his own medications. Youth C went on to say
that former resident 5 kept a clear sandwich baggie with pills in it in the waistband of
his pants or stashed in his room. Youth C said the pills were brownish burgundy
with a c on them but Youth C did not know what they were. Youth C said that he
thinks Mr. Medina gave the pills to the residents. When asked why, Youth C said
that Mr. Medina is a plug or the guy you go to when you need something from the
outs. Youth C reported that he got good hygiene products, such as name brand
(Degree) deodorant from Mr. Medina. Youth C went on to say that Mr. Medina
wanted to fit in with us. Youth C said that Mr. Medina would be on the computer
and things would happen between the residents. Youth C said that Mr. Medina
asked kids to lie about the situation with the chemicals and also about fights that
occurred in the kitchen.
Mr. Medina was interviewed in the presence of his Union Representative, Dave
Baker and Mr. Clauer. Mr. Medina reported that he does typically work 11am-7pm in
the kitchen but covers other areas also. Mr. Medina was presented with the agency
Incident Reports and Ms. Cunninghams written statement (outlined below) and was
able to review them. Mr. Medina reported that he does not allow residents to make
telephone calls but noted that former residents do call in to the agency all the time.

Mr. Medina indicated that there is no procedure to log calls when former residents
call in. Mr. Medina denied allowing current youth to speak to former residents that
call in and then said that he did allow that to occur 2-3 years ago. When exploring
this time frame, Mr. Medina was uncertain and changed it to 1-2 years ago. Mr.
Medina clarified that he never allowed youth to make calls but did allow current
residents to speak to former residents when those residents called in. Mr. Medina
said that he stopped allowing this because it was wrong and he did not want to do it.
Mr. Medina said that former residents 1, 4 and 5 have called in to the agency. Mr.
Medina denied allowing or directing youth to sit under the desk to use the phone and
claimed that all of these allegations were a vendetta against him but did not know
why the youth would say this. Mr. Baker added that it is likely that this resulted from
Ms. Cunningham not liking Mr. Medina. Mr. Baker said that Ms. Cunningham
reported that Mr. Medina had been sleeping on the job but this was explored and
was unfounded. Mr. Baker reported that Ms. Cunningham does not like that Mr.
Medina pulled kids from group and noted that she didnt like her kids in the kitchen
because she felt it was loose. This was also addressed with Mr. Medina by
administration and Mr. Baker said he was present.
Regarding the contact with former resident 2s father, Mr. Medina indicated that he
did purchase a used car from him and spoke to him about it during visitation at the
agency. Mr. Medina confirmed that the car noted on the Maxey Vehicle Registration
(noted below) was the one he purchased from former resident 2s father. Mr.
Medina was shown the Staff Ethics policy and he said that he was aware of it but did
not know that it applied to parents of residents. Mr. Medina said that he thought it
just applied to the residents. Mr. Medina reported that he has not made plans to go
to a Detroit Tigers game with former resident 2s father and denied any other
contacts with other current or former residents families.
Mr. Medina reported that he has not coached youth to lie. In regard to the incident
with the chemicals, Mr. Medina said that Youth A came up to him and told him that
the cleaning chemicals got in his eye when cleaning the sink as he reported in the
incident report from that day. Mr. Medina said that he received corrective action for
lack of supervision involving this incident and said that the kids are lying about all of
this. Mr. Baker discussed how questionable he feels all of this is that the youth on
Ms. Cunninghams POD are offered no consequences for telling truths and they
begin making these claims on Mr. Medina. Mr. Baker reported that he feels the
residents are deflecting their POD treatment issues in an effort to avoid dealing with
them. Mr. Medina denied ever coercing kids to lie or directing their report regarding
the spraying of the chemicals in the kitchen, stating Theyre lying.
Mr. Medina reported that he currently takes pills for various things but does not
currently take Vicodin. Mr. Medina said that he brings his medication to work but
leaves it in his car and takes a short break to go and take it when needed. Mr.
Medina said that it is possible that he might have taken a pill in the kitchen, noting
that he might have brought in some Ibuprofen or Glucosamine, which are not
prescriptions. He carries them in his pocket but not in a container. He also noted

that its possible the residents saw him take medication in the kitchen. Mr. Medina
said that he did not check in the medications with Public Safety. Mr. Median denied
ever having brought in prescription pain medication and denied having any
dependency or past treatment or legal issues related to prescription drugs. Mr.
Medina denied ever having a resident pick up a pill and give it back to him. Mr.
Medina said that Youth C, who had the most to report on the pills, was lying about
the pills and lying about talking on the phone. Mr. Medina went on to say that the
residents are reporting what they think Ms. Cunningham wants to hear because they
know that she doesnt like him. Mr. Medina said that he wants to keep his job and
loves kids. He acknowledged that he can be soft.
Mr. Medina denied allowing youth access to the computer, noting that he was
involved in an investigation regarding this with Mr. Clauer some time ago and has
not done it since then. Mr. Medina reported again that the youth making this claim
are not being truthful.
Finally, Mr. Medina reported that he has brought in food, made food, and given food
to the youth working in the kitchen. Mr. Medina reported that he did not have
permission to do so all of the time.
A telephone interview was attempted with former resident 1 but the number was
unavailable. A voice message was left for former resident 2 and his father on the
fathers phone number. No return calls were received. A telephone interview was
attempted with former resident 3 but he was not residing at the expected location
and there was no forwarding information. A telephone interview was held with
former resident 4, who reported that he worked in the kitchen with Mr. Medina.
Former resident 4 denied ever being asked or coached by Mr. Medina to lie. Former
resident 4 also denied being allowed to have extra food from Mr. Medina, make or
receive phone calls, or watch YouTube on the computer. Former resident 4 said
that Mr. Medina did not give him or other youth pills to his knowledge, and he denied
seeing Mr. Medina take any medication in the facility. Former resident 4 denied
knowledge of former resident 5 having pills while in the facility and said that there
was nothing wrong while he was placed there. Former resident 5 reported that he
also worked in the kitchen with Mr. Medina but denied any coercion to lie or cover up
events from the kitchen. Former resident 5 said that youth were not allowed to
watch YouTube on the computer or make or receive phone calls. Former resident 5
denied witnessing Mr. Medina take any pills and said that he never received pills
from Mr. Medina, further clarifying that he did not have a bag of pills while at the
facility. Former resident 5 did say that Mr. Medina would make food or bring in food
for the youth helping in the kitchen, but only when approved by the supervisor.
Former resident 5 said that if any of this occurred with other residents, they
probably werent working with me then. Notes from these telephone interviews
were shared with Mr. Clauer.

Mr. Clauer made contact with former resident 2s father via telephone on 09/03/13
and shared his notes from this interview with me for the purposes of this
investigation. Per Mr. Clauer, the former resident 2s father stated that:

Mr. Medina had purchased the car from him.

It was an Acura.
He cant remember when the car was sold to Mr. Medina. Maybe a year or two
ago.
It was a private sale to Mr. Medina from the grandfather.
He and his father own a used car lot and his father has been in business for 52
years.
The sale was not meant for any kind of special treatment to Mr. Medina.
Mr. Medina did not receive a deal of any kind on the car.
His son had said Mr. Medina was a good staff and had helped him out in Maxey.
He did talk to Mr. Medina at visitation hours about the car.
He had no other outside contact with Mr. Medina other than the car discussion.

Agency documentation was received and reviewed as noted:

Memo to Public Safety from Sharon (Nobel), 7/21/05, Authorization to carry in
medication for Ben Medina
List of medications for Ben Medina, as of 4/25/05, signed by Edith Nemeth,
MD, Whitmore Lake Health Clinic
Email regarding Carry on Medication into the Building, 10/04/12, sent by
Sharon Noble. Reads as follows, If you are required to use a prescription
medication or over the counter drug during your shift you must provide this
office medical from your physician indicating what medication and when the
dosage needs to be taken. The medication must be stored in the locker
unless you bring in the dosage needed just for that day. If you (are) currently
bringing in mediation you have until October 19th to provide updated medical
to this office, after that Public Safety will not allow it in the building.
Typed statements made by Stephanie Cunningham, signed and dated 8/8/13,
noting Mr. Medina erased telephone contacts from his phone on 8/7/13, Mr.
Medina questioned Ms. Cunningham about why Youth A was removed from
the kitchen, and Mr. Medina does not like Ms. Cunningham and has called
her inappropriate names in the presence of residents.
Incident Report, dated 8/7/13, authored by Stephanie Cunningham, Clinical
Social Worker, summarizing the allegations of pills being kept and taken by
residents and alleging that the pills might have been received from Mr.
Medina
Incident Report, dated 8/6/13, authored by Ms. Cunningham, regarding the
group therapy session and the allegations related to the lying, pills,
unauthorized phone use, and interaction with former resident 2s father
outside of the program.
Maxey Vehicle Registration form, noting Mr. Medinas vehicle as a maroon
Acura

Intake Records for Youth A, Youth B, former resident 1, former resident 3,

former resident 4, and former resident 5, noting contact information.
Maxey Training School Face Sheets for former resident 1, former resident 2,
former resident 3, former resident 4, and former resident 5 noting contact
information.
Policy 221-Youth use of telephone. Relevant sections noted as, A. Access to
Telephone, 1. Approval for names to be listed on the phone list is given by
the Social Worker in collaboration with the youths JJS, probation officer, or
CMO worker. Friends of the youth are not approved as contacts. 4. Staff
initiating or receiving the call must verify the caller ID, remain with the resident
for the duration of the call, and record the call on the designated log. 5. Calls
may occur in the youth day room with the staff office phone, outside the CSW
office or in the pod conference room.
Policy 115-Staff ethics. Relevant sections noted as, B. Staff/Youth
Relationships, 6. Staff must not engage in any behavior with a youth that
would appear to be inappropriate to an objective observer. 7. Staff must not
use their position or relationship with youth to engage in business or financial
dealings with youth or members of a youths family. 8. Staff must not give
youths gifts including money, clothing, or food.
Letter to Mr. Medina from Dr. McCall, Director, dated 8/7/13, regarding Mr.
Medina being suspended with pay effective immediatelyyou are to report
to campus on Thursday, August 15, 2013 at 1:00pm.
Letter to Mr. Medina from Dr. McCall, Director, dated 8/12/13, regarding,
postponing your originally scheduled return to the campus to participate in
the process. You should instead report on Tuesday, August 20, 2013 at
10:30am to meet with BCAL Consultant Kari Muntean and Chris Clauer, who
has been assigned by the Bureau Director to conduct an investigation
Letter to Mr. Medina from Mary Beth Collins, dated 8/13/13, confirming
suspension pending investigation has been extended.
Physician notice for Mr. Medina, dated 8/19/13 by Edith Nemeth, M.D./Veta
Ruck, CFNP, noting that Mr. Medina is to be Off work 8/19/13 thru 8/26/13,
Seen in office today.

APPLICABLE RULE
R 400.4112
Staff qualifications.
A person with ongoing duties shall be of good moral character,
emotionally stable, and of sufficient health, ability, experience,
and education to perform the duties assigned.
ANALYSIS:

Mr. Medina reported that he has allowed youth to talk on the

phone in the kitchen when former residents called in to the
agency. Although Mr. Medina initially reported that this occurred
over a year ago, the

reports from the residents were consistent and indicated that it

has occurred more recently as well. Although Mr. Medina
reports that there is no procedure to log incoming calls, the
agency policy states otherwise. Policy 221-Youth use of
telephone. Relevant sections noted as, A. Access to
Telephone, 1. Approval for names to be listed on the phone
list is given by the Social Worker in collaboration with the
youths JJS, probation officer, or CMO worker. Friends of the
youth are not approved as contacts. 4. Staff initiating or
receiving the call must verify the caller ID, remain with the
resident for the duration of the call, and record the call on the
designated log. 5. Calls may occur in the youth day room with
the staff office phone, outside the CSW office or in the pod
conference room. So although there is a policy on this Mr.
Medina reported not being aware of it and Mr. Medina failed to
implement it as demonstrated by the fact that he allowed contact
with unauthorized persons, did not document the calls on each
youths call log, and did not conduct the calls in the designated
areas.
Although youth reported hearsay and suspicions about residents
receiving pills from Mr. Medina, no current or former residents
reported receiving pills from Mr. Medina. No current or former
residents reported knowledge of or witnessing Mr. Medina give
pills to residents, although residents did report witnessing Mr.
Medina take medication from his pocket and consume it. Mr.
Medina denied giving pills to residents, but admitted to having
and taking his own pills at the agency.

CONCLUSION:

Youths A, B, and C reported consistently that Mr. Medina

directed them to lie in order to cover up for incidents that have
occurred in the kitchen while he was the supervising staff. Mr.
Medina denies telling or directing youth to lie. The youth had
nothing to gain from coming forward with this information and in
fact, lost out on privileges Mr. Medina was giving them.
VIOLATION ESTABLISHED

ADDITIONAL FINDINGS:
INVESTIGATION:
During the course of this investigation it was found that Mr. Medina was bringing in
and taking his own medication without agency knowledge. It was also discovered
that Mr. Medina did not follow the agency policy on Staff Ethics by coordinating and
purchasing a car from a residents father. In addition, Mr. Medina was found to be
providing extra food to residents who worked in the kitchen without authorization.

10

During the investigation, as noted above, Mr. Medina reported that he currently
takes pills for various things but does not currently take Vicodin, although he has
taken it. Mr. Medina said that he brings his medication to work but leaves it in his
car and takes a short break to go and take it when needed. Mr. Medina said that it is
possible that he might have taken a pill in the kitchen, noting that he might have
brought in some Ibuprofen or Glucosamine, which are not prescriptions. He carries
them in his pocket but not in a container. He also noted that its possible the
residents saw him take medication in the kitchen. Mr. Medina said that he did not
check in the medications with Public Safety for the times he brought them into the
facility.
During Mr. Medinas interview it was noted that regarding the contact with former
resident 2s father, Mr. Medina indicated he did purchase a used car from him and
spoke to him about it during visitation at the agency. Mr. Medina confirmed that the
car noted on the Maxey Vehicle Registration (noted below) was the one he
purchased from former resident 2s father. Mr. Medina was shown the Staff Ethics
policy and he said that he was aware of it but did not know that it applied to parents
of residents. Mr. Medina said that he thought it just applied to the residents. Mr.
Medina reported that he has not made plans to go to a Detroit Tigers game with
former resident 2s father and denied any other contacts with other current or former
residents families.
As noted above, during his interview, Mr. Medina reported that he has brought in
food, made food, and given food to the youth working in the kitchen. Mr. Medina
reported that he did not have permission to do so all of the time.

APPLICABLE RULE
R 400.4112
Staff qualifications.

ANALYSIS:

A person with ongoing duties shall be of good moral character,

emotionally stable, and of sufficient health, ability, experience,
and education to perform the duties assigned.
The agency has a procedure for staff bringing in personal
medications, and Mr. Medina admitted to not checking in his
medications with Public Safety as required. Refer to email
regarding Carry on Medication into the Building, 10/04/12, sent
by Sharon Noble. Reads as follows, If you are required to use
a prescription medication or over the counter drug during your

11

shift you must provide this office medical from your physician
indicating what medication and when the dosage needs to be
taken. The medication must be stored in the locker unless you
bring in the dosage needed just for that day. If you (are)
currently bringing in mediation you have until October 19th to
provide updated medical to this office, after that Public Safety
will not allow it in the building. Although Mr. Medinas name
was on the recipient list for this emailed procedure and he
acknowledged being aware of it, he did not follow it and took
medications into the building without providing the required
notice.
Mr. Medina confirmed that he did coordinate the purchase of the
vehicle during visitation hours on-site and bought the car from
former resident 2s father. Mr. Medina reported that he was
aware of the agency policy but did not realize that it applied to
the families of residents and former residents. Reference Policy
115-Staff ethics. Relevant sections noted as, B. Staff/Youth
Relationships, 6. Staff must not engage in any behavior with a
youth that would appear to be inappropriate to an objective
observer. 7. Staff must not use their position or relationship
with youth to engage in business or financial dealings with youth
or members of a youths family.
Finally, Mr. Medina again violated the agency Staff Ethics policy,
115. Relevant sections noted as, B. Staff/Youth Relationships,
8. Staff must not give youths gifts including money, clothing, or
food. Mr. Median acknowledged that he did not always get
supervisory approval when bringing in or cooking food for the
youth who worked in the kitchen.
CONSULTATION:
It is recommended that the agency address the issue of staff,
Mr. Medina specifically, being able to remove youth from
programming at any time and for extended periods. Residents
are there for therapy and school and should not be removed
from those critical components unless necessary, and to do so
should require supervisory approval.
CONCLUSION:

VIOLATION ESTABLISHED

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IV.

RECOMMENDATION
Upon receipt of an acceptable corrective action plan for the noted violation in this
report, I recommend no change to the current license.

October 8, 2013
________________________________________
Kari Muntean
Date
Licensing Consultant

Approved By:
October 11, 2013
________________________________________
Gregory Corrigan
Date
Area Manager

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