Beyond awareness – Developmentally disabled people need protection

While our society has made strides towards inclusivity and change, developmentally disabled individuals remain a vulnerable population. Although there are facilities and group homes throughout the state of Florida that offer housing to those with developmental disabilities, many of them that receive government funding are just houses with few employees and little oversight from the government. The Agency for Persons with Disabilities (“APD”) governs the ability of individuals and entities to obtain and maintain a license to house disabled individuals, but there is not enough done to ensure licensed entities adhere to standards.

This issue is important to me as my sister, Taylor, now 23 years old, has cerebral palsy, result of negligence by my mother’s medical providers during her pregnancy. Taylor is non-verbal and requires care around the clock. Our family is lucky enough that my mother can take care of Taylor full time, but a lot of families don’t have the resources to do that.

The APD aims to serve the best interest of those with disabilities, but there are holes in their checks and balances system. My experience with my sister Taylor inspired me to become a medical malpractice lawyer and fight for those who cannot fight for themselves.

Through this work, I’ve seen the devastating outcomes that can come from the lack of oversight of these facilities. One such example is the story of Nichole Baker. “Nikki,” as her family called her, was a fun-loving person who could make anyone laugh. She had cerebral palsy and autism and was unable to effectively communicate, care for, or protect herself in any way.

Her family entrusted her care to a group home called B-yondXpectations in Wildwood, FL, which was owned and operated by a licensed practical nurse, Theresa Williams. They hoped she would make friends and be with people who understood her. Little did they know this decision would result in her death.

On November 23, 2022, Wildwood Police Department (“WPD”) body cam footage shows they found Nikki tied to a pole on B-yondXpectations’ porch after responding to a call from a neighbor who heard someone yelling for help.

Both the certified nursing assistant, who admits to tying her up, and Williams are seen in bodycam footage telling law enforcement that this was a common practice. Nikki’s hands were bound behind her back so tightly that there were pressure markings on her wrists. EMS requested to take Nikki to get checked out, but Williams is shown refusing the multiple requests.  No arrests were made, and Nikki was left in Williams’ care.

Five days later, WPD responded to a call from B-YondXpectations that Nikki was unresponsive. She was subsequently pronounced dead. Nikki’s family was not notified of the initial incident or of Nikki’s death from Williams or anyone from thefacility, and instead found out days later when a funeral home contacted them. An autopsy revealed the cause of death was combined drug toxicity from two of Nikki’s prescriptions. In the bodycam footage of this incident, Williams admitted administering Nikki’s medications. To date, Williams maintains her nursing license, and no criminal charges have been brought.

In 2021, WPD had been called out to B-YondXpectations twice for another resident where the WPD determined the facility did not have the proper equipment and training to care for that resident.

Ihave to wonder why there was no intervention from the State at that point. If there had been, would that have made all the difference for Nikki?

APD did bring an administrative action against B-YondXpectations after Nikki’s death, which resulted in the facility losing its license. But why did it take a young woman’s life to get there? This case highlights the desperate need for better regulation from the State to protect those with developmental disabilities. These individuals deserve dignity and love like everyone else, and when they are denied adequate care, they deserve access to justice. Let’s take this time during Developmental Disabilities Awareness Month to advocate for change to be made before another tragedy like Nikki’s happens again.