STATE OF NEVADA BOARD OF EXAMINERS FOR SOCIAL WORKERS€¦ · 1 BEFORE THE STATE OF NEVADA 2 BOARD...

STATE OF NEVADA

BOARD OF EXAMINERS FOR SOCIAL WORKERS4600 Kietzke Lane - C - 121

Reno, Nevada 89502

(775) 688-2555

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April 20, 2006

Lome J. Malkiewich, DirectorLegislative Counsel Bureau401 South Carson StreetCarson City, NY 89701-4747

Dear Mr. Malkie\vich:

Pursuant NRS 622.100, the Board of Examiners for SociaJ \\'orkers is submitting therequired quarterly disciplinary report for the period of JanuaJ')' 1, 2006 through March 31,2006. On January 1, the Board records reflected nineteen (20) :l(.1i"e allegation files.During the quarter the Board received three allegations anc held one disciplinary hearingwhich result in action against Penny Kelly, LSW(e). A copy of the Finding5 of Fact andConclusion of Law in Case #G02-28 against Penelope Kelly is included with this letter.On March 31, 2006, twenty-two (22) allegation files remained open.

Please feel free to call me if you have any questions

Sincerely,

NEVADA .' OF;...f.XAMINERSFOR, WoRKERS.I -'

/t~=:~~~~~~ Rosalind Tuana

Executive Director

Enclosure

BEFORE THE STATE OF NEVADA1

BOARD OF EXAMINERS FOR SOCIAL WORKERS2

3 . . *

4 I n the Matter ofCase No. GO2-28

5 Penelope Kelly, L.5.W.License No. 03073-5 (Expired)

6

~

!Respondent.7

FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER8

This matter was heard at the State of Nevada Board of Examiners for Social9

j Workers ("Board") regular meeting on March 3. 2006, in Las Vegas, Nevada. Providing10

counsel for the Board was Christine Guerciolegal Deputy Attorney General.11

Prosecuting for the Board was Henna Rasul, Deputy Attorney General, and Penelope12i""B-sS

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Kelly failed to appear at the hearing. The Board reviewed the Amended Complaint13

Deputy Rasul presented the testimony of witnessespreviously filed in this matter.14

Based upon the pleadings, and papers on file in this matter. the testimony and evidence15

received at the hearing in this matter, and the arguments of counsel and parties, the16

I Board enters its Findings of Fact, Conclusions of Law, and Order as follows:17

FINDINGS OF FACT18

PENELOPE KELLY (hereinafter uKELL Y") was a duly licensed social1.19

worker in the State of Nevada from April 12, 2001 until November 30, 2002 and at all20

I times relevant to this complaint. Her license is currently expired21

KELLY was a duly licensed social worker while employed by Corrections222

Corporation of America and working at the North Las Vegas Women's Correction23

Center, 4370 Smiley Road, Las Vegas, Nevada, from January 2002 until May 2002,24

i and at all times relevant to this Complaint.25

While a licensed social worker and employed at Corrections Corporation3.26

; of America,North Las Vegas Women's Correction KELLY developed27 Center,

KELLY maintainedfriendships with several of the inmates who were also her clients28

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of Am

erica, North Las V

egas Wom

en's ~

;:,rrection ~~

'!1ter, KE

LLY gave various gifts to

friendship", "I really do love you and like you", and "You are very special"

North Las V

egas Wom

en's C

contact.

Departm

ent of C;

at the facility by providing services to some of the inm

ates through telephone and letter

inmates, including, but not Ii.

the facility psychiatrist wanted to put the Inm

ate on R~

~...Jr:~

.JJ. KE

LLY stated to the

KE

LLY agreed, during a t

Corporation of A

merica,

North Las V

egas Wom

en's C

,

copy of the

Com

plaint and

Notice

of Hearing

which

indicated that

she was

required to

is for attention deficit."

inmate during a telephone ca

continued to provide

services to some of the inm

ates through telephone and letter

herself.

contact.

5.

467.8

chosen to assist them

to prepare

to ree.)'"3f ';J_:.J.

to KE

LLY as "D

earest Penny" and

Am

erica and no lon,.,er worked at the N

orth Las V6"~

'3 Wom

en's Correction C

enter as

The inm

ates

In an undated

letter to

Ms.

After

she term

inated her

emp

While a licensed social w

orker and employed at C

,



orrections Corporation

On or about D

ecel

~

have been working w

ith are nearing parole hearings and

"Oh no, don't do that... you don't need that... R

esperido!

to a ring to a mentally ill inm

ate.

Iber 12, 2005, KE

LLY w

as mailed via cert(

to KE

LLY after K

ELLY

left the North Las V

egas Wom

en's C

ion Center

terminated.

call with

an inmate,

to send the

il

of Am

erica, North Las V

egas Wom

en's Correction C

enter I after the inmate told K

ELLY

,..

these relationships

after her em

ployment

with

Corrections

Corporation

of A

merica

-2-

Jackie C

rawford,

in the letter that "I'm grateful for your

,...~ It with C

orrections Corporation of

In a written

letter of support

Center had term

inated,


orker and after her employm

ent at Corrections

Center I an inm

ate

at the time, K

ELLY

states, u. . . after leaving my em

ployment

a picture of

.ad m

ail a

have

ration

a licensed social worker I K

ELLY

continued her professional relationships with inm

ates

Director

with

the N

evada

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set forth in the ninth cause of action.

eighth cause of action.

9. of action.

qualifications, competency, affiliations and licenses as is set forth in the seventh cause!

8. and competence as is set forth in the sixth cause of action.

7. 6. each client as set forth in the fourth cause of action.

10.

knowledge relevant to social w

ork as is set forth in the fifth cause of action.

5 with a client as set forth in the third cause of action,

4. 3. first cause of action.

2. permission.

1 Decem

ber 13, 2005, and

has since

failed to

provide her fingerprints

and w

ritten

KE

LLY signed for and

received a copy of the

Com

plaint and N

otice of Hearing

on

Crim

inal History for subm

ission to the

Federal

Bureau

of Investigation for its report.

and w

ritten perm

ission authorizing

the N

evada R

epository of

Nevada

Records

of

submit, w

ithin 30 days after receipt of the notification, a

The B

oard finds KE

LLY guilty of failing to abide by the confidentiality policy as is

The B

oard finds KE

LLY guilty of professional i

The

Board

finds K

ELLY

The B

oard finds KE

LLY guilty of not practicing social w

ork with professional ski I

The

Board

finds K

ELLY

guilty

of not

basing her

practice upon

recognized

The B

oard finds KE

LLY guilty of failing to m

aintain professional boundaries with

The B

oard finds KE

LLY guilty of soliciting and/or entering into a dual relationship

The B

oard finds KE

LLY guilty of failing to term

inate services to a client as is set

The B

oard finds KE

LLY guilty of professional incom

petence as is set forth in the

The B

oard finds that it has jurisdiction over the matter.

CO

NC

LUS

ION

S O

F LA

W

forth in the second cause of action.

guilty of

misrepresenting

-3.

petence as is set forth in the

plete set of her fingerprints

her ow

n professional

111 The Board finds KELLY guilty of failing to submit, within 30 days after receipt of

2 the notification, a complete set of her fingerprints and written permission authorizing the

3 Nevada State Repository of Nevada Records of Criminal History for submission to the

4 Federal Bureau of Investigation for its report as is set forth in the tenth cause of action

5 DECISION AND ORDER

6 Based upon the foregoing Findings of Fact and Conclusions of Law and good

7 I cause appearing, IT IS HEREBY ORDERED by the Board as follows:

8 Respondent KELL V's expired license number 03073-5 shall be revoked.

9 KELLY shall be administered a public reprimand.

KELLY is to pay the attorneys fees and costs incurred by the Board in10

prosecuting the matter. Costs have been determined to be $7107.89.1

12 KELLY is to pay a fine to the Board in the amount of $1,000.00 per count up to-;..toato

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13 the maximum fine of $5000.00 allowed by statute.

14 This Findings of Fact, Conclusions of Law, and Order shall be reported to ASWB

15 OARS reporting bank and any national data bank required by law, including, but not

16

17

limited to the United Kingdom and Ireland

DATED this ~~ay March, 2006.

18 State of NevadaBoard of Examiners for Social Workers19

20By: ~~--~~-_:~: Randy Reinoso

Presiding Officer21

22

23

24

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1

BEFORE THE STATE OF NEVADA1

BOARD OF EXAMINERS FOR SOCIAL WORKERS2

* * *3

In the Matter of ))))))

4 Case No. GO2-28

5Penelope Kelly, L.5.W.License No. 03073-5 (Expired)

6 Respondent.

7

8AFFIDAVIT RE: BOARD COSTS

9II, Rosalind Tuana, under penalty of perjury do declare and say as follows:

10

1. am the Executive Director for the Board of Examiners for Social Workers.11

2. have examined all expenses that have been incurred, including but not limitedto investigative, administrative, legal and board expenses.

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133. have attached an itemized summary of the total Board costs to this affidavit.

14

15

16

4. Based upon the attached documents, the total costs to the Board for theinvestigation and prosecution of this acti£; L

17Rosalind Tuana

18

19 SUBSCRIBED AND SWORN TO before meThis ~.!!JJay of March, 2006 byRosalind Tuana

20

21

m ah1 ~ E .~?1I(,t~~ ()NoiA~~OBUC -. - ,-22

23

24- __M..""'; a u..,-"

MARJORIE E. SMELTZEReta Public - State of Nevadant Number 99-49851-2

AppL Expires Nov.11, 2006

25

26

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STATE OF NEVADA

BOARD OF EXAMINERS FOR SOCIAL WORKERS4600 Kietzke Lane, Suite C121, Reno, Nevada 89502

775-688-2555

CASE GO2-28COSTS

PENELOPE KELLY

Attorney feesCourt ReporterTravel

6234.29670.00230.60

7107.89

1 BEFORE THE STATE OF NEVADA

2 BOARD OF EXAMINERS FOR SOCIAL WORKERS

3 * * *

4 In the Matter of )

!

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Case No. GO2-285 Penelope Kelly, L.8.W.

License No. 03073-8 (Expired) AMENDED COMPLAINT ANDNOTICE OF HEARING6

Respondent.7

8 The State of Nevada Board of Examiners for Social Workers by and through its

I counsel,9 GEORGE J. CHANOS, Attorney General, and HENNA RASUL, Deputy

Attorney the following10 General, hereby makes complaint and requests that

11 Respondent's license to practice social work in the State of Nevada be disciplined by

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this Board.12

IT IS HEREBY alleged and charged as follows:13

1.14 PENELOPE KELLY (MKELL V") was a duly licensed social worker in the

15 State of Nevada from April 12, 2001 until November 30, 2002, and at all times relevant

to this complaint. Her license is currently expired.16

2. KELLY was a duly licensed social worker while employed by Corrections17

Corporation of America and working at the North Las Vegas Women's Correction18

19 Center, 4370 Smiley Road, Las Vegas, Nevada, from January 2002 until May 2002, and

at all times relevant to this Complaint.20

3.21 While a licensed social worker and employed at Corrections Corporation

of America, North Las Vegas Women's Correction Center, KELLY developed22

friendships with several of the inmates who were also her clients. KELLY maintained23

these relationships after her employment with Corrections Corporation of America,24

North Las Vegas Women's Correction Center terminated.25 In a written letter of support

26 to KELLY after KELLY left the North Las Vegas Women's Correction Center, an inmate

referred to KELLY as "Dearest Penny" and stated in the letter that "I'm grateful for your27

friendship", "I really do love you and like you", and "You are very special".28

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4.1 While a licensed social worker and employed at Corrections Corporation

2 of America, North Las Vegas Women's Correction Center, KELLY gave various gifts to

inmates, including, but not limited to a ring to a mentally ill inmate.3

5. After she terminated her employment with Corrections Corporation of4

America and no longer worked at the North Las Vegas Women's Correction Center as a5

6 licensed social worker. KELLY continued her professional relationships with inmates at

the facility by providing services to some of the inmates through telephone and letter7

8 contact. In an undated letter to Ms. Jackie Crawford, Director with the Nevada

9 Department of Corrections at the time, KELLY states, . . after leaving my employment

continued to provide services to some of the inmates through telephone and letter10

1 contact. The inmates have been working with are nearing parole hearings and have

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5

chosen to assist them to prepare to reenter society in ways which are available to me."12

6.13 While a licensed social worker and after her employment at Corrections

14 Corporation of America, North Las Vegas Women's Correction Center had terminated,

KELLY agreed, during a telephone call with an inmate, to send the inmate a picture of15

herself.16

7. While a licensed social worker and employed at Corrections Corporation17

of America, North Las Vegas Women's Correction Center, after the inmate told KELLY18

19 the facility psychiatrist wanted to put the inmate on Resperidol, KELLY stated to the

20 inmate during a telephone call NOh no, don't do that...you don't need that. Resperidol

is for attention deficit."21

8. That pursuant to Nevada Revised Statute (NRS) 6418.430(3) and (4)22

23

24

25

26

27

If the Board finds the person guilty as charged in thecomplaint it may by order:a) Place the person on probation for a specified period oruntil furtherorder of the board.b) Administer to the person a public reprimand.c) Limit the practice of the person to, or by exclusion of, oneor morespecified branches of social work.d) Suspend the license of the person to practice social workfor a specified period or until further order of the board.28

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e) Revoke the license of the person to practice social work.f) Impose a fine of not more than $5000, which must bedeposited with the state treasurer for credit to the stategeneral fund.g) Require the person to pay all costs incurred by the boardrelating tothe discipline of the person.

The order of the board may contain other terms, provisionsor conditions, as the board deems proper and which are notinconsistent with law

5

6

COUNT I7

(DISCIPLINARY ACTION)8

through 8 are herebyThe allegations contained in paragraphs 19.9

incorporated as if fully set forth herein.10

That KELLY engaged in inappropriate relationships with inmates at the10.11

North Las Vegas Women's Correction Center while she was employed by Corrections!~!~~o~~>-C/)U)U -0)e~~~tV>c(-IzU -G~o5tJc_GIGO~(E:

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12

Corporation of America as a licensed social worker and after she terminated her13

employment with Corrections Corporation of America14

11 That, while a licensed social worker and employed at Corrections15

Corporation of America, North Las Vegas Women's Correction Center, KELLY gave16

various gifts to inmates, including, but not limited to a ring to a mentally ill inmate. And17

after her employment as a licensed social worker at the facility had terminated, KELLY18

agreed in a telephone call to send another inmate a picture of herself.19

While a licensed social worker and employed at Corrections Corporation1220

KELLY developedWomen's Correction Center,lot America, North Las Vegas21

friendships with several of the inmates who were also her clients KEllY maintained22

these relationships after her employment with Corrections Corporation of America,23

North Las Vegas Women's Correction Center terminated. In a written letter of support24

to KELLY after KELLY left the North Las Vegas Women's Correction Center, an inmate25

referred to KELLY as "Dearest Penny" and stated in the letter that "I'm grateful for your26

friendship", "I really do love you and like youn, and "You are very special".27

III/28

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discharging a professional obligation and includes malpractice and gross negligence.

which

is defined at NA

G 6418.225

to m

ean a

lack of know

ledge, skill or

ability in

these relationships

after her

employm

ent w

ith C

orrections C

orporation of

Am

erica,

friendships with several of the inm

ates who w

ere also her clients.

of A

merica,

agreed in a telephone call to send another inmate a picture of herself.

after her employm

ent as a licensed social worker at the facility had term

inated, KE

LLY

various gifts to inmates, including, but not lim

ited to a ring to a mentally ill inm

ate. And

Corporation of A

merica, N

orth Las Vegas

Wom

en's C

Ol

employm

ent with C

orrections Corporation of A

merica.

Corporation

of A

merica

as a

North Las V

egas Wom

en's Correction

Center w

hile she was em

ployed by Corrections

incorporated as if fully set forth herein.


ates through telephone and letter contact.

KE

LLY continued her professional relationships w

ith inmates at the facility by providing

Las Vegas

Wom

en's C

orrection C

enter as a licensed social w

orker had term

inated,

III to KE

LL Y after KE

LLY

North Las V

egas Wom

en's Correction C

enter terminated.

17.

16.

19.

18 15.

14 13

That,

while a

That K

ELLY

engaged in inappropriate relationships with inm

ates at the

The

allegations contained

Therefore, K

ELLY

is subject to discipline pursuant to NR

S 6418.400.

This

conduct violates

NR

S

641 B.400(5},

professional


orker and em

ployed at Corrections C

orporation

That after her em

ployment w

ith Corrections C

orporation of Am

erica, N

orth

North

Las

left the N

orth Las Vegas W

omen's C

orrection Center, an inm

ate

Vegas

(RE

SP

ON

SIB

ILITY

TO

CLIE

NT

)

licensed social

licensed social

worker

and after

she term

inated her

Wom

en's

CO

UN

T

-4-

in paragraphs

Correction C

enter,

worker

and em

ployed at

Corrections

1n a written letter of support

through

..n C

enter. KE

LLY

gave

KE

LLY

KE

LLY m

aintained

15 are

hereby

incompet

developed

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21 19 18 17 16 15 14 13 12 11 10 9 8 6 47 5 3 2 1

diagnosed and attempted to treat an em

otional and/or behavioral disorder of an inmate


after her employm


inated, KE

LLY



ate. And

Corporation

of Am

erica, N

orth Las Vegas

Wom

en's C

.

Corr)O

ration of A

merica

as a


unprofessional conduct.

6418.200 to 6418.215, inclusive, is guilty of unprofessional conduct.

6418.220 which

states that a

licensee w

ho violates

any of

the provisions of

NA

C

or no longer serve the needs or interest of the client.

terminate services to a client w

hen the service and relationship are no longer required

friendship", "I

the facility psychiatrist

wanted

to prescribe the inm

ate.

at the facil

referred to KE

LLY as "D

earest Penny" and stated in the letter that "I'm

grateful for your

23.

26.

25.

24.

22.

21.

20.lily by discouraging the inmate from

taking Resperidol.

That,

while

a

That K

ELLY

engaged in inappropriate

relationships w

ith inm

ates at the

The allegations cant.

Therefore, K

ELLY


S 641 B

.400( 1) for I

That

while

a

This conduct violates N

AG

6418.205(8) w

hich states that a licensee shal

really do love you and like you", and "You are very special".

(RE

SP

ON

SIB

ILITY

TO

CLIE

NT

)

licensed social w

orker and

employed at

Corrections

licensed social

licensed social

worker

and after

she term

inated her

toem

ployment w

ith Corrections C

oMoration of A

merica.

CO

UN

T

Corporation of

Am

erica, North

Las V

egas W

omen's

Correction C

enter, KE

LLY

in paragraphs

.5.

worker

and em

ployed at C

orrections

1 through

22 are

hereby

.ion Center, K

ELLY

gave

This w

as a drug that

North Las V

egas Wom

en's Correction C

enter while she w

as employed by C

orrections

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6418.220 which

states that

a licensee

who

violates any

of the provisions

of N

AC

relationship.

services from the licensee for at least 2 years after the term

ination of the professional

supervised by the

not solicit

or enter

into a dual relationship w

ith a

client, intern,

or person

who

is

referred to KE

LLY as "D


grateful for your

to KE

LLY after K

ELLY


egas Wom

en's Correction C

enter, an inmate

Corporation of A

merica, N

orth Las Vegas W

omen's C

orrection Center, K

ELLY

gave

employm

ent with C


merica.

Corporation of

Am

erica as

a licensed

socia! worker

and after

she term

inated her

North Las V

egas Wom

en's C

orrection Center w

hile she was em


North Las V

egas Wom

en's C

orrection Center term

inated.

these relationships

after her

employm

ent w

ith C

orrections C

orporation of

Am

erica,

friendships w

ith several of the inmates w

ho were also her clients

ofincorporated as if fully set forth herein,

Am

erica,

29.

33.

32 31 3O.

28.

27.

That K

ELLY

engaged

in inappropriate relationships

with inm

ates at the

The


Therefore, K

ELLY


S 641 B

.400( 1) for

Therefore,

KE

LLY

is guilty of unprofessional conduct as defined at N

AG


AG

6418.205(13) which states that a licensee shal

That, w

hile a


orker and employed

at Corrections C

orporation

friendship", "I really do love you and like you", and "You are very special".

Northicensee

during the tim

e that the

client is receiving

professional

Las(PR

OF

ES

SIO

NA

L RE

SP

ON

SIB

ILITY

)

Vegas

icensed social

Wom

en's C

orrection

CO

UN

T IV

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in paragraphs

worker and em

ployed at Corrections

Center

t

1 In a written

letter of support

through 30

are hereby

KE

LLY

KE

LLY m

aintained

developed

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friendship", "I really do love you and like you", and "You are very special",

to KE

LLY after K

ELLY


egas Wom

en's Correction C

enter, an inmate

these relationships

after her

employm

ent w

ith C

orrections C

orporation of

Am

erica,


ates who w


of A

merica,



6418.220 which

states that

a licensee who

violates any

of the

provisions of

NA

G

responsible for setting and maintaining professional boundaries w

ith (a) each client.

referred to KE

LLY as "D


grateful for your

North Las V

egas Wom

en's C

orrection Center term

inated.

services to some of the in

KE



Las Vegas W

omen's

Correction

Center as a licensed

social worker

had terminated,


after her employm

ent as a licensed social w

orker at the facility had terminated,

KE

LLY



ate. A

nd


North Las V

egas Wom

en's C

orrection Center w

hile she was em


36.

35.

40.

38.

37.

34.

39.



orrections Corporation

Therefore, K

ELLY


S 6418.400(1) for

Therefore,

KE

LLY is guilty of unprofessional

conduct as defined at NA

G


AC

6418.200(6) which states that a licensee is

That after her em

ployment w

ith Corrections C

orporation of Am

erica, North

That K

ELLY

engaged in inappropriate relationships with inmates at the

The


in paragraphs

North

LasV

egas through tel

Wom

en's C

orrection

CO

UN

T V

7.

ne and letter contact.

Center,

(PR

OF

ES

SIO

NA

L RE

SP

ON

SIB

ILITY

)

1 n a written letter of support

through 38

are hereby

KE

LLY

developed

KE

LLY m

aintained

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the facility psychiatrist wanted to prescribe the inm

ate.

at the facility by discouraging the inm

ate from taking R

esperidol.



Corporation of

Am

erica, N

orth Las



Las Vegas W

omen's

Correction

Center

as a


after her employm


inated. K

ELLY



ate

(II



6418.220 which

states that

a licensee

who

violates any

of the provisions

of N

AG

base his practice upon

recognized know

iedge relevant

to social

work

KE

LLY continued her professional

relationships with inm

ates at the facility by providing

Corporation of A

merica,

North

Las Vegas

Wom

en's C

orrection Center,

KE

LLY

gave

employm

ent with C


merica.

Corporation

of A

merica

as a

licensed social

worker

and after

she term

inated her


45.

44.

43.

42.

41.

47.

46,


AG

6418.200(11) which states that a licensee shal

That

while

a

Therefore, K

ELLY


S 6418.400(1) for I

Therefore,

KE

LLY is guilty of unprofessional conduct

as defined at N

AG

That,

The


in paragraphs

while a(R

ES

PO

NS

IBILIT

Y T

O C

LIEN

T)

icensed social

worker

and

licensed social

CO

UN

T

VI

Vegas

Wom

en's Correction C

enter,

.8-

worker

and em

ployed at

Corrections

icensed social worker

had terminated

1 employed at

Corrections

through 46 are

hereby

This w

as a drug that

KE

LLY

That after her em

ployment w

ith Corrections C

orporation of Am

erica, North

And

-NI!o~NC

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27 49 8 7 6 5 3 2 1



ate,

employm

ent with C

orrections Co.


ates who w


of A

merica,



KE



Las Vegas

Wom

en's C

orrection C

enter as a licensed social w

orker had term

inated, ,


after her employm


inated. KE

LLY

Corporation of A

merica. N

orth Las Vegas

Wom

en's C

orrection C

enter. K

ELLY

gave

Corporation

of A

merica

as a

North Las V

egas Wom

en's Correction

Center w

hile she was em


friendship", "I really do love you and like you", and "You are very special",

to KE

LLY after K

ELLY


egas Wom

en's Correction C

enter, an inmate

North Las V

egas Wom

en's Correction

Center term

inated.

III the facility psychiatrist wanted to prescribe the inm

ate.

at the facility by discouraging the inmate from

taking Resperidol.



Corporation

of A

merica,

North

Las

referred to KE

LLY as "D


grateful for your

III

49.

50.

485152.

That,

while a

That K

ELLY

engaged in inappropriate relationships with inm

ates at the


orker and em

ployed at Corrections C

orporation

That after her em

ployment w

ith Corrections C

orporation of Am

erica, North I

That

while

a licensed

social w

orker and

employed

at C

orrections

North

LasV

egas

licensed social

licensed social

worker

and after

she term

inated her

Wom

en's

tion of Am

erica.

Vegas

Wom

en's C

orrection C

enter, K

ELLY

-9-

Correction

,r and

employed

at C

orrections

Center.

n a written letter of support

these relationships

after her

employm

ent w

ith C

orrections C

orporation of

Am

erica,

This w

as a drug that

KE

LLY

KE

LLY m

aintained

developed

And

-Nl!oGIN

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1020 16 15 14

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6418.200 to 6418.215, inclusive, is guilty of unprofessional co.

practice social work w

ith professional ski

states that these are methods of treatm

ent that

use a specialized, form

al interaction

at the facility.



Corporation

of A

merica,


mental, em

otional and behavioral disorders, conditions and addictions.

intrapersonal, interpersonal

and psychosocial

relationship is established and m

aintained to understand u.

between a

licensed clinical social

worker

and a

client in

which

a therapeutic

Corporations

of Am

erica, North Las V

egas Wom

en's C

orrection C

enter, KE

LLY, in a

fff that ". . . [Client A

] has been my client."

am a forensic social w

orker/criminologist

and family therapist

Pardons.

letter on

her personal

stationary dated

April

ming

Client A

, requ.

57.

56.

55.

54.

53.

58.

59.

In this letter, KE

LLY states, "M

y interest in this matter is a professional one;

Therefore, K

ELLY


S 6418.400.

Therefore, K

ELLY

is guilty of unprofessional conduct as defined at N

AG

This conduct violates

NA

G 6418.205(1)

which states that a licensee shall

That

while

a

The


in paragraphs

NA

G 641 B

.057 defines "psychotherapeutic

methods and techniques" and

That

while

a

licensed

6418.220 which

states that

a licensee

who

violates any

of the

provisions of

NA

G

that Client A

receive

a hearing before the

Board of

CO

UN

T V

II

North

Las V

egas W

omen's

Correction

Center,

and competence.

-10-

dynamics

and to

diagnose and

treat

28, 2002, to the Board of P

ardons,

1

(PR

OF

ES

SIO

NA

L RE

SP

ON

SIB

ILITY

)through 56

are hereby

cious processes and

and further indicates

KE

LL Y

licensed social

worker

and em

ployed at

Corrections

social w


orrections

-NeoGIN

C

Q)

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>-C

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) -0)

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g~>

c(Q)~

~~

g-G

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UN

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1022

21 20 18

17 16 15

14 13 12 1127 26

25 24 23 1928 9 8 6 5 4 3 27 1


6418.220 which

states that a

licensee w

ho violates

any of

the provisions

of N

AC

competency. affiliations and licenses.

not m

isrepresent,

social worker to the inm

ate when. in fact, K

ELLY

was only a licensed social w

orker.

was for attention deficit, K

ELLY

implicitly represented herself as a licensed clinical


ited to a ring to a mentally

Corporation of A

merica,

North

Las Vegas

employm

ent w

ith Corrections

Corporation

of Am

.

Corporation

of A

merica

as a

licensed social

/1./

Las Vegas

Wom

en's C

orrection C

enter as a licensed

social

agreed in a telephone

call to send another

in.

after her employm

ent as a licensed

social w

orker at the facility

had terminated.

KE

LLY

services to some

of the inmates

through telephone

and

KE

LLY

continued her professional relationships

with

inmates

at the facility by providing

Las Vegas W

omen's C

orrection C

enter while she w

as

65.

64.

63.

62.

61 60.

66.

67.

The

allegations co.

Therefore,

KE

LLY is guilty of un

This conduct

When K

ELLY

told an in.

That,

while

a

That

after her em

ployment

with C

o.

directly or

by i.

(DIS

CIP

L

NA

C 6418200(2)

which states that a licensee shall

licensed social

CO

UN

T V

II

NA

RY

AC

TIO

N)

-11-

in paragraphs

not to take Resperidol

because Resperidol

worker and em

ployed at Corrections

, his

own

professional

.en's Correction C

enter, KE

LLY gave

a picture of herself.

)rofessional conduct as defined

at NA

C

er and after she terminated her

ns Corporation of A

I.

letter contact.

1 through 64

are hereby

Therefore, K

ELLY


S 6418.400.

,joyed by Corrections

er had terminated,

qualifications,

inmate.

merica, N

orth

That K

ELLY


relationships w

ith inmates

at the . I

And

~S~

NC

~

"'~-

(:J~-

>-(/)11)

~

-0)E

~~

~IU

>oC

(..JZ~

.

Q)~

O.cJjC-Q

)G)

o2Q:

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~~

25 24 23 22 21 2028 27 26 19 18

17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1

which

is defined at

NA

G 6418.225

to m

ean a lack of

knowledge,

ski!

cases through the DC

FS

with an inm

ate.

Corrections C

orporation of Am

erica.

of Am

erica as a licensed social worker and after she term

inated her employm

ent with

Vegas W

omen's C

orrection Center w

hile she was em

ployed by Corrections C

orporation

incorporated as if fully set forth herein

discharging a professional obligation and includes malpractice and gross negligence

the facility psychiatrist wanted to prescribe the inm

ate.

at the facility by discouraging the inm

ate from taking R

esperidol



Corporation

of A

merica,

friendship", "1 really do love you and like you", and "You are very special".

as a licensed social worker, K

ELLY

inappropriately discussed, in detail, one of her

referred to KE

LLY as "D


grateful for your

to KE

LLY after K

ELLY


egas Wom

en's Correction C

enter, an inmate

North Las V

egas Wom

en's G

Ol

these relationships

after her

employm

ent w

ith C

orrections C

friendships w

ith several

of the inm

ates w

ho w

ere also

her clients.

of A

merica,

73,

72.

71.

70.

69.

74.

68.

That K

ELLY


comm

unications at the N

orth Las

Therefore, K

ELLY


S 6418.400.

This

conduct violates

NR

S

6418.400(5), professional

That, w

hile working at the N

orth Las Vegas W

omen's

Correction

Center

The


in paragraphs

That

while

a



orrections C

orporation

North

Las(CO

NF

IDE

NT

IALIT

Y

OF

RE

CO

RD

S)

Vegas

Wom

en's

licensed social

Las V

egas W

omen's

Correction

Center,

,n Center

terminated.

CO

UN

T IX

-12-

worker

and em

ployed at C

orrections

Correction

Center,

1 In a written letter of support

through

This w

as a drug that

KE

LLY

KE

LLY m

aintained

.tion of A

merica,

72 are

hereby

incompetence,

or ability

in

developed

KE

LLY

-NeoG>

NC

G

>G

>-

", .-

.-

'-'~.-

>-(/)In

G>

-0)

CG

>G

)...

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OJ>

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zG

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13 12 11 1022

21 20 18

17 16

15 1427 26 25

24 23 1928 9 8 6 5 4 3 27 1

there is a clear and imm

ediate danger to some person or to society. and then only to the

written perm

ission authorizing the Nevada S

tate Repository of

Nevada

Records

of

within 30 days after receipt of the

notification, a com

plete set of her fingerprints

and

copy of the Com

plaint and N

otice of H

earing, whereby

she was required to subm

it,

and confidentiality.

obtained from or about a client, including the licensee's

appropriate fam

ily m

embers,

professional

subsection 1 m

ust not be comm

unicated to others w

ithout the client's

otherwise provided

during a conversation that occurred in Novem

ber of 2005.

These docum

ents were sent to the latest address K

ELLY

provided to the undersigned

Crim

inal History for subm

ission to the Federal B

ureau of Investigation for its report.

III fingerprints and written perm


tate Repository of N

evada

file on or about C

identical copies of the Com

plaint and Notice of H

earing to both addresses located in the

on or about N

ovember 16, 2005, K

ELLY

was

subsequently m

ailed via certified m

ail

required to submit, w

ithin 30 days after receipt of the notification, a complete set of her

76.

75.

78.

77.

79.

This

conduct violates

NA

G

6418.210(3) w

hich states

that except

as

On or about N

ovember

16, 2005, KE

LLY w

as mailed via certified m

ail a

Therefore,

KE

LLY


S 6418.400.

Confidential

Having not received certified confirm

ation of the documents sent to K

ELLY

(FA

ILUR

E T

O C

OM

PLY

WIT

H A

ME

ND

ED

CH

AP

TE

R 622)

by law

, inform

ation deem

ed to

be confidential

pursuant to

.ber 12, 2005.

information

is defined

at N

AC

6418.210(1) as records

CO

UN

T X

13-

These

documents

also indicated

she w

as

_ers, public auth.

.al knowledge

of the

or, if there is a

ent unless

clear and imm

ediate danger to a specific person or persons, to that person or persons.

client. F

urther. this information m

ust be maintained in a m

anner that ensures security

showing a client's problem

s and the scope of the licensee's services, and information

-NI!oGJN

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0"3.->

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J -0)

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5tjc

-GJ2

02...80

~~

20 15 14

13 12 11 1024 23 22

21 19

18 17 1628 27

26 25 8 7 6 4 3 29 5 1

the Nevada S

tate Repository of N

evada Records of C

riminal H

istory for submission to

of the Com

plaint and Notice H

earing.

licensee shall submit, w

ithin 30 days after receipt of the notification, a complete set of

body initiates disciplinary pr

the Federal B

ureau of Investigation for its report.

of the notification, a complete set of her fingerprints and

report.

Records of C

riminal H

istory for submission to the F

ederal Bureau of Investigation for its

The hearing w

ill continue until 5:00 p.m. unless com

pleted earlier.

this matter w

ill be held on F

riday. March

3. 2006 at 9:00 a.m., C

lark County S

ocial

the amended requirem

ents of Chapter 622

Nevada

Records

of C

riminal

History

for subm

ission to

the F

ederal

his fingerprints and written perm


tate Repository of

all parties.

completed by 5:00 p.m

., the hearing will be continued to a date m

utually convenient for

Services, 3rd F

loor Conference R

oom, 1600 W

. Pinto Lane, Las V

egas, Nevada 89106

EV

IDE

NC

E,

EIT

HE

R

PE

RS

ON

ALLY

O

R

TH

RO

UG

H

CO

UN

SE

L, A

ND

T

O

CR

OS

S-

HA

VE

TH

E R

IGH

T T

O A

PP

EA

R A

ND

BE

HE

AR

D IN

YO

UR

DE

FE

NS

E, T

O P

RE

SE

NT

DE

CIS

ION

M

AY

S

TILL

BE

R

EA

CH

ED

B

Y T

HE

B

OA

RD

EX

AM

INE

AN

Y A

ND

ALL W

ITN

ES

SE

S O

FF

ER

ED

AG

AIN

ST

YO

U.

Investigation for its report.

82.

81 80.

WH

ER

EF

OR

E,

the B

oard hereby notifies K

ELLY

that a disciplinary hearing in

83.

AS

T

HE

R

ES

PO

ND

EN

T,

YO

U A

RE

S

PE

CIF

ICA

llY

INF

OR

ME

D

TH

AT

YO

U

SH

OU

LD

Whereas, to date, K

ELLY

has failed to submit, w

ithin 30 days after receipt

Whereas, on D

ecember 13, 2005, K

ELLY

, signed for and received a copy

This conduct violates am

ended C

hapter 622 which

ings against a licensee pursuant to Chapter 622, the

-14-

AS

TH

E

RE

SP

ON

DE

NT

,

permission authorizing

If the hearing is not

if a regulatory

Bureau

of

Therefore,

KE

LLY is subject to discipline for w

illful failure to comply w

ith

TH

E

RE

SP

ON

DE

NT

FA

IL TO

A

PP

EA

R A

T

TH

E

HE

AR

ING

, A

YOU ARE FURTHER ADVISED THAT YOU MAY BE CHARGED WITH COSTS1

ASSOCIATED WITH THE HEARING PURSUANT TO NRS 6418.430.2

Pursuant to NRS 2338.121(5), informal disposition of this case may be made by3

stipulation, agreed settlement, consent order, or default. Any attempt to negotiate this4I case should be made through Henna Rasul, Deputy Attorney General, Counsel to the

5

State of Nevada Board of Examiners for Social Workers.

DATED this 1:fe-.- day January, 2006.

6

7

BOARD OF8E

9

10~Jy:

'-11

12

RasulDeputy Attorney GeneralCounsel to the Board of ExaminersFor Social WorkersNevada Bar No.7 4925420 Kietzke, Suite 202Reno, Nevada, 89511(775) 688-1818

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

-15-

(\I

~G)~~

(/)

uc

jG)

~G)

~0(\I.1,

.-

u;0)~

>z

~~

CERTIFICATE OF MAILING1

2

3

4

I certify that I am an e~ee of the Office of the Attorney General, State of

Nevada, and that on this ~_l~ day of p~ ' 2006, I deposited for

mailing at Reno, Nevada, postage prepaid, certified, return receipt requested, a true and

correct copy of the foregoing document addressed to the following:5

6

7

Penelope KellyP.O. Box 483PortageManitoba R1 N3J7Canada8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

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26

27

28

-16-

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