DATE: Thursday, June 26, 1997               TAG: 9706260412

SECTION: LOCAL                   PAGE: B1   EDITION: FINAL 

SOURCE: BY NANCY LEWIS, STAFF WRITER 

DATELINE: VIRGINIA BEACH                    LENGTH:   90 lines

REPORT ON GROUP HOME PROMPTS SUDDEN CLOSING SOCIAL SERVICES STATES THE FACILITY IS UNSANITARY AND UNSUPERVISED.

A group home for mentally disabled youths plans to close Monday following a Social Services investigation of unexplained injuries, unsanitary living conditions and lack of supervision.

Fidura & Associates, a Richmond-based vendor, runs the Providence Road residence where three handicapped young men are cared for.

The company was notified June 17 by Social Services officials that clients had been neglected and that the department planned to monitor the facility for six months to be sure corrections were made.

Three days later, Fidura sent a letter to parents of the three clients stating that the Social Services plan was ``not acceptable'' and that the facility would close in 10 days.

The Social Services findings are contained in a five-page, confidential report by principal investigator Barbara K. Pratt that was obtained by The Virginian-Pilot.

The report shows that among the most serious problems investigated was a ``bruise log'' in which Fidura workers recorded for one year any black and blue marks found on the arms of an 18-year-old client, John ``J.R.'' Midgett.

Three times each day, staff at the home were directed by company officials to check Midgett and log any new injuries, the report said.

``The bruises were recorded as regularly occurring on Mr. Midgett's upper arms as would be consistent with holding or securing his arms during redirection or restraint,'' Pratt wrote. ``It was noted that Mr. Midgett has frequent uncontrolled seizure activity, however, the Bruise Log did not indicate a correlation between seizure activity and new bruising.''

Midgett's parents, John and Denise Midgett, had complained to Fidura officials in October about the bruises, which they said they began noticing in July 1996.

Midgett, his parents said in an interview this week, is severely and profoundly handicapped with brain lesions, seizures and autism. He functions at the level of a toddler, they said.

Pratt said in her investigative report that Social Services had received other reports of poor supervision in which Midgett was allegedly left alone and unsupervised in the bathtub and outdoors. He was reportedly seen running toward a nearby busy street and walking away from the residence. Next door is a swimming pool, the report noted.

Findings of the unannounced visit by a Social Services worker included an unclean bedroom carpet, bed linens and bathroom. The report also said, ``A strong smell of urine and a lesser smell of fecal matter was documented in his room.''

``Responsible person is unable or unwilling to provide needed care,'' Pratt wrote.

Jennifer Fidura, company president, declined Wednesday to elaborate or discuss details of individual cases.

In her June 20 letter to Midgett's parents, Jennifer Fidura said Social Services' plans to closely monitor the facility were unacceptable. ``We can not operate effectively when every action is to be `second guessed,' '' she wrote.

While the letter said clients must move out by June 30, Fidura said in an interview Wednesday that she hopes an agreement could be reached to keep the facility open.

Finding other housing arrangements for the three clients could be difficult because the home may be the area's only non-institutional facility for mentally disabled adolescents.

Fidura said that problem would have to be addressed by local Community Services Board officials. That's the city agency charged with providing mental health, mental retardation and substance abuse services to residents.

Dennis I. Wool, executive director of the Virginia Beach board, said options for the disabled young men were nonexistent.

Basically, it's ``home and home,'' he said.

The Midgetts said they had cared for their son for 16 years and are no longer able to do so. They said they were told that their son and the other two young men will be taken into protective custody by Social Services on Monday if their families are unable or unwilling to care for them.

Pratt noted in her report that state licensing and human rights staffs did not actively participate in the investigation even though these agencies were notified of the report and Social Services investigation.

On Wednesday, however, the director of licensure for the state's mental health department said her office is now investigating.

Director Charleen Whitehead said she was unaware of Fidura's decision to close the facility.

Whitehead's department is responsible for licensing facilities for the mentally disabled.

Fidura's Providence Road facility is one of six in Virginia Beach. The company also operates one home each in Chesapeake and Portsmouth. Other facilities are located across the state. In all, Fidura serves about 100 mentally disabled clients in Virginia. ILLUSTRATION: [Color Photo]

John ``J.R.'' Midgett had unexplained bruising. KEYWORDS: MENTALLY DISABLED GROUP HOME

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