Ron DeSantis Governor State of Florida Department of Children and Families Chad Poppell Secretary Office of Inspector General Enhancing Public Trust in Government Investigative Report 2018-0081 August 14, 2019 Keith R. Parks Inspector General Amie H. Young, J.D. Chief of Investigations “Provide leadership in the promotion of accountability and integrity of State Government.” Mission: Work in Partnership with Local Communities to Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery and Resiliency DEPARTMENT OF CHILDREN AND FAMILIES OFFICE OF INSPECTOR GENERAL Chad Poppell Secretary Investigative Report Case Number: 2018-0081 Keith R. Parks Inspector General .INTRODUCTION TE D On July 17, 2018, Directions for Living, Inc. (DFL) Quality Analyst Kelly Pelaez reported to the Department of Children and Families (Department) Office of Inspector General (OIG) that former Youth and Family Alternatives, Inc. (YFA) Case Manager Supervisor (CMS) Brandy Canada1 may have falsified case notes in Florida Safe Families Network (FSFN) Case ID #2658079. On July 16, 2018, she (Ms. Pelaez) completed a Quality Assurance (QA) review of FSFN Case ID #2658079 and noticed nearly identical case notes [Case Note ID #159883921 Version 2, for a December 29, 2017 home visit conducted by YFA Case Manager (CM) Marisa Duval and Case Note ID #160572803 for a January 22, 2018 home visit conducted by Ms. Canada]. Further, it appeared that Ms. Canada copied YFA Permanency Specialist Shakira Smith’s March 7, 2018 “Reviews - Supervisory” in Case Note ID #161271232 to create Case Note ID #161923885 for an April 18, 2018 “Reviews - Supervisory” allegedly conducted by Ms. Canada. AC OIG Note: On May 8, 2018, YFA’s Hillsborough County contract was terminated and DFL became the subcontract provider in Hillsborough County. Ms. Pelaez and Ms. Duval became employed with DFL2 and Ms. Canada transferred with YFA to Pasco County. ALLEGATION AND FINDING ED Allegation and Finding Youth and Family Alternatives, Inc. (YFA) Case Manager Supervisor (CMS) Brandy Canada falsified child protective supervision records in FSFN Case ID #2658079. Potential violation of Rule 65C-30.007(1)(a), F.A.C.; Section 1-8.c.(5), CFOP 60-55; Attachment I, B.1.a.6), Contract #QJ3E0 between the Department and Eckerd Youth Alternatives, Inc. [d/b/a Eckerd Community Alternatives – Hillsborough (ECA)]; Terms of Agreement 7. b. and c., Contract #ECA-C13-CMO-YFA-FY17 between ECA and YFA; Employee Conduct and Work Rules, YFA Employee Handbook; § 838.022(1)(a), F.S.; and § 839.13(2)(a) and (c), F.S. Finding: SUPPORTED. R Case Note ID #159883921: • Version 1: Ms. Duval documented that she conducted a home visit with (the Child) and (the Relative Caregiver) on December 5, 2017 at 9:00 a.m. In the Narrative portion of the case note, Ms. Duval documented, “CM completed a quick face time [sic] with the caregiver…” • Version 2: Ms. Canada documented that Ms. Duval conducted a home visit with the Child and the Relative Caregiver on December 29, 2017 at 9:00 a.m. In the Effective September 17, 2018, Ms. Canada was no longer employed by YFA. Ms. Canada was listed as “Brandi Canada” in FSFN. 2 Effective August 13, 2018, Ms. Duval was no longer employed by DFL. 1 1 Office of Inspector General Investigative Report #2018-0081 Narrative portion of the case note, Ms. Canada documented, “CM completed a quick face time [sic] with the caregiver…” Case Note ID #160572803: Ms. Canada documented that she conducted a home visit with the Child on January 22, 2018 at 2:00 p.m. In the Narrative portion of the case note, Ms. Canada documented, “CM completed a quick face time [sic] with the caregiver…” TE D Case Note ID #161271232: Ms. Smith documented that she conducted a “Reviews Supervisory” with Ms. Duval on March 7, 2018 at 3:00 p.m. The Narrative portion of the case note included the current status of FSFN Case ID #2658079 and contained approximately 300 words. Case Note ID #161923885: Ms. Canada documented that she conducted a “Reviews Supervisory” on April 18, 2018 at 9:00 a.m. The Narrative portion of the case note included the current status of FSFN Case ID #2658079 and was nearly identical to the Narrative portion of Case Note ID #161271232. WITNESS TESTIMONY The following individuals were interviewed: DFL Quality Analyst Kelly Pelaez The Relative Caregiver AC • • Attempts were made to interview the following individual: • Former DFL CM Marisa Duval3 ED On July 16, 2018 or July 17, 2018, Ms. Pelaez completed a review of FSFN Case ID #2658079 and noticed that Case Note ID #159883921 Version 2 was identical to Case Note ID #160572803. Both of the case notes were created by Ms. Canada. According to Case Note ID #159883921 Version 2, Ms. Duval contacted the Relative Caregiver on December 29, 2017; however, Ms. Canada created the case note. On January 23, 2018, Ms. Canada created Case Note #160572803 indicating that she contacted the Relative Caregiver on January 22, 2018. On July 18, 2018 and July 20, 2018, she (Ms. Pelaez) telephoned the Relative Caregiver, who informed Ms. Pelaez that she (the Relative Caregiver) spoke to Ms. Duval multiple times but never spoke to Ms. Canada. R On March 7, 2018, Ms. Smith created Case Note #161271232 indicating she completed a “Reviews - Supervisory” with Ms. Duval on March 7, 2018. On April 18, 2018, Ms. Canada created Case Note #161923885 indicating she completed a “Reviews Supervisory” with Ms. Duval on April 18, 2018. The two case notes are nearly identical and it appeared that Ms. Canada copied and pasted Ms. Smith’s case note, then added a few comments. She (Ms. Pelaez) spoke to Ms. Duval, who stated that she and Ms. Smith met for the “Reviews - Supervisory” on March 7, 2018; however, she had no 3 The OIG Investigator contacted Ms. Duval by telephone on September 28, 2018, at which time Ms. Duval declined to be interviewed. 2 Office of Inspector General Investigative Report #2018-0081 record of meeting with Ms. Canada on April 18, 2018 and was not certain whether they met. The Relative Caregiver lived out of state and is the cousin of (the Mother). The Child has lived with her for over one year. She participated in FaceTime telephone calls with Ms. Duval; however, she did not recall the dates. Ms. Duval is the only individual she conducted FaceTime telephone calls with in regard to the Child. She did not know Ms. Canada and did not speak to her. TE D TIMELINE Based on witness testimony and records reviewed, the OIG Investigator developed the following timeline: April 18, 2018 at 9:28 a.m., Ms. Canada accessed Case Note ID #161271232, and at 9:30 a.m., she created Case Note ID #161923885. January 23, 2018 at 10:44 a.m., Ms. Canada accessed Case Note ID #159883921, and at 10:45 a.m., she created Case Note ID #160572803. December 29, 2017 at 9:51 a.m., Ms. Canada accessed Case Note ID #159883921, and at 9:53 a.m., she created Version 2. March 7, 2018, Ms. Smith created Case Note ID #161271232. AC December 5, 2017 at 11:25 a.m., Ms. Duval created Case Note ID #159883921, Version 1. RECORDS REVIEWED FSFN Case ID #2658079 An OIG review of FSFN records revealed the following pertinent information: Ms. Duval created Case Note ID #159883921 Version 1 on December 5, 2017 at 11:25 a.m., documenting that she conducted a home visit with the Child and the Relative Caregiver on December 5, 2017 at 9:00 a.m. Ms. Duval indicated she completed a FaceTime with the Relative Caregiver. Ms. Canada created Case Note ID #159883921 Version 2 on December 29, 2017 at 9:53 a.m., documenting that Ms. Duval conducted a home visit with the Child and the Relative Caregiver on December 29, 2017 at 9:00 a.m. Ms. Canada indicated that Ms. Duval completed a FaceTime with the Relative Caregiver. Ms. Canada created Case Note ID #160572803 on January 23, 2018 at 10:45 a.m., documenting that she conducted a home visit with the Child on January 22, 2018 at 2:00 p.m. Ms. Canada indicated that she completed a FaceTime with the Relative Caregiver. ED • • R • • • The approximately 150 words in the narrative portion of the three case notes [Case Note IDs #159883921 (Versions 1 and 2) and #160572803] are identical. According to the OIG audit of Case Note ID #159883921, Ms. Canada accessed the case note on December 29, 2017 at 9:51 a.m., two minutes before she created Version 2. She also accessed Case Note ID #159883921 on January 23, 2018 at 10:44 a.m., one minute before she created Case Note #160572803. 3 Office of Inspector General Investigative Report #2018-0081 Ms. Smith created Case Note ID #161271232 on March 7, 2018 at 3:24 p.m., documenting that she completed a “Reviews - Supervisory” with Ms. Duval on March 7, 2018 at 3:00 p.m. The narrative portion of the case note contained approximately 300 words. • Ms. Canada created Case Note ID #161923885 on April 18, 2018 at 9:30 a.m., documenting that she completed a “Reviews - Supervisory” with Ms. Duval on April 18, 2018 at 9:00 a.m. The narrative portion of this case note is nearly identical to the narrative portion of Case Note ID #161271232, and included nearly all of the same 300 words. The differences between the narrative portion of the case notes are as follows: Case Note ID #161271232 – created by Ms. Smith Case Note ID #161923885 – created by Ms. Canada This OPS completed supervision with assigned CM Marisa Duval. completed supervision with assigned CM Marisa Duval. Follow up attend court see child as required follow up with providers According to the OIG Investigator’s audit of Case Note #161271232, Ms. Canada accessed the case note on April 18, 2018 at 9:28 a.m., two minutes before she created Case Note #161923885. AC • TE D • SUBJECT TESTIMONY ED Former YFA CMS Brandy Canada On November 1, 2018, Ms. Canada advised the OIG Investigator that she wanted to speak to her attorney (unknown name) before deciding if she would participate in an interview. On November 6, 2018, Ms. Canada left a voicemail message for the OIG Investigator advising she and her attorney composed a written statement, which she would provide in place of an interview. On November 13, 2018, Ms. Canada provided a written statement via e-mail containing the following information, quoted in pertinent part: To Whom It May Concern, R It was brought to my attention recently that I had an on going investigation, via the Florida Certification Board. I was provided the documents by the worker assigned to my case…After carefully reviewing the documents provided to me it appears that the 1st report of the home visits notes being the same in FSFN, (alleged to be copied and pasted) I was looking into a possible fraudulent documentation situation involving a case manager in which I supervised at the time. This was done at the request of my Assistant Program Director. These notes were in fact not copy and pasted, I was having computer issues which were documented via IT Authorities and the FSFN help desk. (I have attached IT Tickets). I made several reports to the help desk and had many phone conversations in regards to FSFN not working properly. I also made several calls to the FSFN help desk along with creating new help tickets(I don’t have access 4 Office of Inspector General Investigative Report #2018-0081 to FSFN currently so I am unable to provide) I reported on several occasions directly to FSN help desk (Jackie) that my computer would freeze while in FSFN my cursor would jump around and things would close out inadvertently. I was instructed by FSFN staff that there were glitches in their system. I was also informed that there were server issues within FSFN which resulted in the system being taken off line for several days during this time. I was also provided a new computer via IT Authorities after the system was back up and running. It was discovered I had a virus and a mother board issue. TE D The 2nd scenario was an absolute human error. As a supervisor I would type my supervisions in word and then upload the notes into FSFN as supervision note (for grammar and in case the system went down as FSFN often does.)…I accidentally added the saved word document labeled” supervision” instead of “summary “.resulting in the “same note being entered twice. (I have attached the Summary) AC …during this time I was overseeing about 15 to 18 case managers consisting of about 4 units. Many people were quitting or being transferred to other YFA offices resulting in a high stress and hurry up and get it done mind set. I was not only supervising more than my unit, I was also on call, doing home visits and attending court hearings. I was completely overwhelmed and unable to focus as I normally would! I made an error, this was not done with ill intent or to cut corners it was simply in oversight/mistake… …These allegations are unfair in my opinion, a simple call to ask why or asked to review would most likely provided Kelly the needed explanation. I don’t feel this needed to escalate to this level as I stated above. ED I resigned from YFA in August 2018;…I want to make it abundantly clear this was nothing to do with these or any allegations. I was in a terrible auto accident in July 2018 that caused significant injuries which resulted in me needing to do something less demanding. [sic] Ms. Canada included the following documents with her written statement: R ➢ A copy of Case Note ID #159883921 Version 2. Ms. Canada circled “Version Number 2” and at the bottom of the case note she wrote, “This is not original note as there are 2 versions listed.” ➢ Copies of three Information Technology (IT) Tickets she submitted; however, all three appear to be the same and are dated December 28, 2017 at 1:21 p.m. Ms. Canada wrote the following: Hi, I have a new employee…who needs a computer. How do I request one? Also are you aware of any bugs or issues in FSFN that would cause the cursor to jump around? I contacted FSFN IT they state it’s a computer issue. This has been going on with my computer, super annoying and time consuming. My computer also freezes for minutes at a time… 5 Office of Inspector General Investigative Report #2018-0081 ➢ Ms. Canada included three responses from IT that appear to be identical and all are dated December 28, 2017 at 2:46 p.m. The IT Service Desk replied with the following: To request a new computer, you will need to fill out a…, have it approved and send it in to IT Support… ➢ Among the three responses from IT was the following: TE D Your service request has been marked as completed. If you do not believe it is complete or if it was closed in error, simply reply to this email and state what the remaining problem is and the ticket will be re-opened. SUMMARY The allegation that Youth and Family Alternatives, Inc. (YFA) Case Manager Supervisor (CMS) Brandy Canada falsified child protective supervision records in FSFN Case ID #2658079 is supported. The finding is based on the following: • • • The Relative Caregiver testified that she did not know Ms. Canada, did not speak to her, and only conducted FaceTime telephone calls with Ms. Duval. Ms. Pelaez testified that she reviewed case notes and discovered that Case Note ID #160572803 was identical to Case Note ID #159883921, which documented that Ms. Duval completed a home visit by FaceTime with the Relative Caregiver on December 29, 2017. A FSFN audit revealed that on January 23, 2018, Ms. Canada accessed Case Note ID #159883921 one minute before creating Case Note ID #160572803. Ms. Canada provided copies of e-mails noting she had computer issues; however, the e-mails were dated December 28, 2017 and she did not provide any documents to indicate she had computer issues after that date. ED • On January 23, 2018, Ms. Canada documented in Case Note ID #160572803 that she completed a home visit by FaceTime with the Relative Caregiver on January 22, 2018. Ms. Pelaez testified that she telephoned the Relative Caregiver, who stated she never spoke to Ms. Canada. AC • • • R • On April 18, 2018, Ms. Canada documented in Case Note ID #161923885 that she completed a “Reviews - Supervisory” with Ms. Duval on that date. Ms. Pelaez testified that she reviewed case notes and discovered that Case Note ID #161923885 was nearly identical to the March 7, 2018 “Reviews Supervisory” Ms. Smith documented in Case Note ID #161271232. A FSFN audit revealed that on April 18, 2018, Ms. Canada accessed Ms. Smith’s case note, Case Note ID #161271232, two minutes before she created Case Note ID #161923885. • • • Ms. Duval declined to be interviewed for this investigation. Ms. Canada declined to be interviewed for this investigation; however, she provided a written response stating the following: o She did not copy and paste notes. She was having computer issues. 6 Office of Inspector General Investigative Report #2018-0081 o She created supervisor notes in a Word document and then uploaded the notes to FSFN. She accidently added the saved Word document resulting in the same note being entered twice. o She was overwhelmed and made an error that was not done with ill intent or to cut corners. It was simply an oversight/mistake. RECOMMENDATIONS AND ACTIONS The OIG recommends that the SunCoast Regional Managing Director: Review this report, provide a copy to the management of Eckerd Community Alternatives, Inc., Youth and Family Alternatives, Inc. (Pasco), and Directions for Living, Inc., and ensure Ms. Canada’s personnel file is updated to reflect the findings of this investigation. TE D • According to the Florida Certification Board, Ms. Canada obtained her Child Welfare Case Manager certification on October 31, 2016. As such, and based on the findings of this investigation, the OIG also recommends that the SunCoast Regional Managing Director: • Determine if initiating the decertification process regarding Ms. Canada’s Child Welfare Case Manager certification is warranted or appropriate. AC POST-INVESTIGATIVE ACTIVITIES ED In accordance with § 20.055(7)(c), Florida Statutes (F.S.), on April 15, 2019, this investigation was coordinated with the Florida Department of Law Enforcement (FDLE) for a possible violation of § 838.022(1)(a), F.S. (Official Misconduct), and § 839.13(2)(a) and (c), F.S. (Falsifying Records). On May 20, 2019, FDLE advised that they would initiate a criminal investigation. On June 26, 2019, FDLE further advised that they declined to pursue a criminal investigation. R In compliance with § 20.055(7)(e), F.S., a copy of this report was provided to Ms. Canada on July 10, 2019. No response was received from Ms. Canada. This investigation has been conducted in accordance with the ASSOCIATION OF INSPECTORS GENERAL Principles & Quality Standards for Investigations. 7 Office of Inspector General Investigative Report #2018-0081 REFERENCES CONTRACT INFORMATION Through Contract #QJ3E0 (effective July 1, 2012 through June 30, 2020), the Department contracts with Eckerd Youth Alternatives, Inc. (EYA) [d/b/a Eckerd Community Alternatives - Hillsborough (ECA)] to serve as the lead agency in Circuit 13. TE D Through Contract #ECA-C13-CMO-YFA-FY17 (effective July 1, 2017 through June 30, 2018), ECA subcontracted with Youth and Family Alternatives, Inc. (YFA) to help provide foster care and related services in Hillsborough County. The contract was renewed annually and Contract #ECA-C13-CMO-YFA-FY20 (effective July 1, 2019 through June 30, 2020) was terminated effective May 8, 2018. Through Contract #ECA-C13-CMO-DFL-FY20 (effective May 8, 2018 through June 30, 2020), ECA subcontracts with Directions for Mental Health, Inc. [d/b/a Directions for Living (DFL)] to provide foster care and related services in Circuit 13. EXPLANATION OF TERMS Circuit 13 consists of Hillsborough County. ED Circuit 13 Certification refers to the process whereby an individual must demonstrate the knowledge, skills, abilities, and priorities necessary to competently discharge the duties of a Florida Child Protection Professional, as evidenced by the successful completion of all applicable classroom instruction, field training, testing, and job-performance requirements of his or her position classification. Certification is a condition of employment in those positions requiring certification. AC Certification According to www.digitaltrends.com, FaceTime is a video-calling application designed by Apple for use on the iPhone. FSFN The Florida Safe Families Network (FSFN) is the legal electronic system of record used by the Department to track child and adult intake/reports and investigations and case management for children. SunCoast Region The SunCoast Region consists of Circuit 6 (Pasco and Pinellas Counties); Circuit 12 (DeSoto, Manatee, and Sarasota Counties); Circuit 13; and Circuit 20 (Charlotte, Collier, Glades, Hendry, and Lee Counties). R FaceTime 8