STATE OF NORTH CAROLINA IN THE OFFICE OF
COUNTY OF CUMBERLAND 05 DHR 0991
FRANK HALEY, )
NORTH CAROLINA DEPARTMENT OF )
HEALTH AND HUMAN SERVICES, )
DIVISION OF FACILITY SERVICES, )
HEALTH CARE PERSONNEL REGISTRY )
This contested case was commenced by the filing of a petition on June 20, 2005. The
case was heard before administrative law judge Beecher R. Gray on December 12, 2005 in
Fayetteville, North Carolina.
Petitioner: Frank Haley, appearing pro se
Respondent: Susan Hackney, Assistant Attorney General
Whether Petitioner abused a resident (J.G.) of Woodbridge Alternatives, Inc.
(Woodbridge) on or about January 30, 2005 by using inappropriate techniques resulting in
bruises on J.G.’s head and a laceration on his lip.
FINDINGS OF FACT
1. The parties received notice of hearing by certified mail more than 15 days prior to the
hearing and each stipulated on the record that notice was proper.
2. Petitioner worked as a childcare worker at Woodbridge for approximately six (6)
years before his dismissal following an incident on January 30, 2005 with resident J.G.
Petitioner’s duties at Woodbridge consisted of providing personal care to approximately five
residents, each of whom required significant attention and discipline because of emotional or
physical problems or both.
3. On January 30, 2005 Petitioner and Earl Jones, child care worker III, both were on
duty in the Woodbridge home. The two childcare workers and the residents were having a group
meeting to discuss various topics the staff wanted to discuss, including J.G.’s recent behavior.
J.G. had been placed in a therapeutic hold by staff at his school, Hillsboro Street Elementary
Alternative School, approximately two days prior for inappropriate behavior. No one has
challenged that invocation of therapeutic hold intervention as inappropriate. Therapeutic holds
are authorized to be employed by childcare workers in the Woodbridge home to prevent run
away, harm to the resident, or harm to staff or other residents.
4. As the staff and residents began to discuss J.G.’s behavior, J.G. became angry and
began to curse the staff and other residents. J.G. began to stomp the floor with his feet and
hurled a book at Petitioner. Childcare worker Jones removed the other residents from the room
where the group meeting was taking place to prevent the outburst from being copied by other
residents who were beginning to identify with it. Childworker Jones observed J.G. kicking
Petitioner, striking him about his legs and thighs. Petitioner verbally was trying to calm J.G.
5. When J.G. grabbed a second book, Petitioner, having failed in his verbal efforts to
calm J.G., attempted to remove the book from J.G. to prevent its use as a weapon. In the ensuing
struggle, Petitioner and J.G. fell to the floor where the struggle continued. Petitioner was
successful in removing the book from J.G. Petitioner was physically struggling with J.G. and
employed some manner of physical restraint in order to prevent harm to himself, the home, or to
J.G. There is no credible evidence that Petitioner employed an inappropriate hold or unnecessary
force in order to restrain and control the actions of J.G.
6. Childcare worker Jones observed some lacerations and bruising on J.G.’s face prior to
the struggle between J.G. and Petitioner. Bobby Huey, employed at the Woodbridge home in a
residential capacity, also observed 3 or 4 facial injuries from the incident between J.G. and the
staff at Hillsboro Street School two days prior to the incident with Petitioner. The lacerated lip
did occur during the struggle between Petitioner and J.G. On or about January 31, 2005, J.G.
reported to Cal Davis, Social Worker assigned to Hillsboro Street Elementary Alternative
School, that Petitioner had put him into an inappropriate hold the day before. Social Worker
Davis reported the allegation to the Cumberland County Department of Social Services.
7. Both Alvin Midgette, Woodbridge’s Qualified Mental Health Professional, and Toby
Foster, Social Worker III Investigator, conducted investigations into the alleged incident. J.G.
told both of them that he had started the incident by throwing a book at Petitioner and told at
least Toby Foster that he had tried to hit Petitioner. Social Worker Foster found J.G.’s version of
the incident believable and substantiated the incident as neglect but not abuse. Qualified Mental
Health Professional Midgette did not substantiate the incident as neglect or abuse against
CONCLUSIONS OF LAW
Based upon the foregoing findings of fact, I make the following conclusions of law.
1. The parties properly are before the Office of Administrative Hearings.
2. Petitioner did not abuse or neglect resident J.G. in the Woodbridge Alternatives, Inc.
home on January 30, 2005 when Petitioner struggled with J.G. in attempting to stop J.G. from
throwing books at Petitioner and to prevent J.G. from harming himself or other residents or
Petitioner or causing property damage during J.G.’s episode of out of control misbehavior.
Petitioner neither intentionally caused physical pain or injury to J.G. nor caused mental anguish
or intimidation of J.G. in his actions to control J.G.’s extreme behavior.
Based upon the foregoing findings of fact and conclusions of law, I find that the evidence
in this case is insufficient to demonstrate that Petitioner abused or neglected resident J.G. on or
about January 30, 2005. It hereby is ordered that Petitioner’s name be removed from the North
Carolina Health Care Personnel Registry for lack of evidence to substantiate neglect or abuse.
It is hereby ordered that the agency serve a copy of the final decision on the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714, in accordance
with North Carolina General Statute 150B-36(b).
The decision of the Administrative Law Judge in this contested case will be reviewed by
the agency making the final decision according to the standards found in G.S. 150B036(b)(b1)
and (b2). The agency making the final decision is required to give each party an opportunity to
file exceptions to the decision of the Administrative Law Judge and to present written argument
to those in the agency who will make the final decision. G.S. 150B-36(a).
The agency that will make the final decision in this contested case is the North Carolina
Department of Health and Human Services.
This the 27th day of December 2005.
Beecher R. Gray
Administrative Law Judge