Ohio Attorney General Dave Yost has secured a temporary restraining order to close a Toledo housing complex for those with mental illnesses after the death of a 50-year-old resident.
The judgement comes after Yost’s lawsuit, filed on Tuesday in Lucas County Common Pleas Court on behalf of the Ohio Department of Mental Health and Addiction Services, that sought an emergency injunction of operation against Clara Mae’s Adult Family Home LLC.
Clara Mae operates two homes at 68 and 72 San Rafael Ave. in Toledo.
Yost seeks to permanently shut down the two homes and move the four tenants living inside to better conditions.
“Caring for the sick is not easy, but there needs to be a certain level of accountability and human decency that is clearly lacking here,” Yost said. “These folks deserve a stable environment to live.”
The facility received numerous inspections this year from the state found multiple violations of the Ohio Administrative Code regulations of residential facilities. The violations center around failure to supervise residents, lack of cleanliness and unlocked storage of medication.
Clara M. Brank, the owner and operator of the facilities, was not permitted do to accept any new patients as a result of the revocation as a result of those repeated inspections.
The state also notified Brank at the time that it intended to revoke her license to operate residential facilities for people battling mental health issues subject to an administrative hearing. Brank violated the law by accepting the now-deceased resident in November.
The 50-year-old resident was found dead on Nov. 12 but Brank did not notify the state and the Lucas County Mental Health and Recovery Services Board until Nov. 20 of the resident’s death.
Brank then gave conflicting statements to Lucas County officials and the state about the resident’s death, where it occurred and the date the resident began living there. Such statements are a violation of the OAC 5122-30-05 (D)(4).
It was reported that the resident collapsed and died on the premises. The cause of death is unknown.
County and state officials said they have suitable accommodations in place for the four residents currently living at the homes owned by Brank.
“The most timely and important thing we can do right now is move these residents to a clean and safe environment while the details of this situation are being investigated,” Yost added. “Their safety is our top priority.”
