The N.C. Department of Health and Human Services (DHHS) has initiated the process of revoking a Wilkes County rest home's state license due to non-compliance with state regulations, but the action is on hold due to a restraining order issued Wednesday in Forsyth County Superior Court.
Judge L. Todd Burke issued an oral order suspending the relocation of residents of Wilkes County Adult Care on Resthome Road in the Mount Pleasant community after agreeing to issue the restraining order, said Kate Murphy, DHHS senior manager of media relations, in an email.
Murphy said in the email that the DHHS hadn't received a paper copy of the temporary restraining order by 4 p.m. Thursday.
"While the relocation of residents is suspended, this does not bar the Division of Health Service Regulation (of DHHS) from continuing to fulfill regulatory obligations. We will continue to monitor the facility and the health and safety of residents during this time," said Murphy.
John Blevins, director of the Wilkes County Department of Social Services, said the restraining order is for 10 days "and the state told us to not do anything in that time."
Blevins said that if Wilkes County Adult Care is closed, Wilkes DSS is responsible "for finding adequate placement" elsewhere for current residents of the rest home. He said this could be anywhere in the state.
Blevins said he was told that 42 adults were living in the facility as of Wednesday. It is licensed as a non-skilled care facility for a capacity of 99 people.
Blevins said he also was told that an administrative law judge on Wednesday ordered that Wilkes County Adult Care be closed.
An April 19 certified letter from the DHHS to Reema Owens, owner of Raintree Healthcare of Wilkesboro LLC, said Raintree's license to operate Wilkes County Adult Care was being revoked, effective 20 days after the date of the letter.
"Residents and responsible family members are to be notified immediately of this impending action. The Wilkes County Department of Social Services will be available to assist with the relocation of residents to suitable facilities or residences," the letter said.
The letter also said Raintree had 20 days to file a petition for a contested case hearing with the Office of Administrative Hearings.
The letter, signed by Megan Lamphere, chief of the Adult Licensure Section of DHHS, listed numerous violations of state rules at Wilkes County Adult Care going back as far as 2014.
It said a suspension of admissions was in place for the facility from Jan. 24 to March 26,2014, and was issued again on Feb. 11, 2016.
The letter said that based on findings when state officials visited in February, "the health, safety and welfare of the residents were endangered and based on the facility's recent history of non-compliance, especially over the past year, it is not reasonably probable that the facility will be able to remain in compliance. Therefore a revocation of licensure is recommended."
The letter said citations were issued in February due to non-compliance with sanitation, fire safety, medication orders, pharmaceutical care, reporting of accidents and incidents, personal care and supervision, health care referral and followup, resident rights, accounting of residents' funds, settlement of cost of care and other rules.
Other state inspection reports cited a lack of adequate locking mechanisms on doors to prevent residents who had been ruled incompetent or had been identified as having psychological problems from walking off from the facility. Inspection reports noted incidents of residents walking away from the facility before being found along highways and elsewhere.
Blevins said Wilkes DSS also inspects adult care facilities and had found a lack of food for residents at Wilkes County Adult Care.
