Caring Hands v. Dept. of Human Resources

At the behest of plaintiff, the Georgia Department of Human Resources (""DHR""), on November 11, 1993, defendants Caring Hands, Inc., Wayne Putnam, and June Putnam were permanently enjoined from operating a personal care home for more than the six ambulatory elderly patients for which their facility in Ranger, Gordon County, Georgia, was licensed by DHR. Defendants were further ordered to take immediate steps to relocate those patients then living at defendant's home over and above this licensed capacity. The superior court subsequently held defendants in wilful contempt because they made no attempt to accomplish relocation of the personal care home's unauthorized residents. On the previous appeal, this Court held that the superior court's injunction was ""a manifest abuse of discretion by that court because the order provides no detailed guidance to defendant [Caring Hands, Inc.], its residents or their families as to how they are to effectuate the relocation[, and because the] order also fails to set out any reasonable timetable within which the relocation should be completed."" Caring Hands, v. Dept of Human Resources, 214 Ga. App. 853, 857 (1) (449 S.E.2d 354). Consequently, the case was remanded with direction that the parties submit plans for an orderly, efficient, and safe relocation of the residents. ""Upon review of the two plans, the [superior] court [was directed to] issue another injunctive order, which shall be specific as to the court's findings warranting [222 GaApp Page 609] the grant of injunctive relief, and shall be detailed as to the acts that each party shall perform in effectuating relocation."" Id. at 859 (1). The superior court's finding that defendants were in contempt of its impermissibly vague mandatory injunction also was set aside, even though it was ""clear from the record that the Putnams and defendant [Caring Hands] essentially made no attempt to accomplish relocation of the residents located at the unlicensed portion of defendant[s'] facility or otherwise comply with the [superior] court's order."" Id. 859 (2). Upon remand, on December 16, 1994, the superior court entered a detailed and specific order for mandatory injunction, directing the steps to be taken so that defendants' facility has no more than the six personal care patients authorized by the existing license as of March 3, 1995. This re-issued injunction was affirmed on direct appeal in an unpublished decision. Caring Hands Personal Care Home v. Ga. Department of Human Resources, 218 Ga. App. XXX (1995). In December of 1995, defendants were again held in contempt of the superior court's injunction to relocate those residents for which the facility was not licensed. In Case Number A96A1295, defendants appeal from the renewed citation for contempt of the superior court's relocation order. In Case No. A96A1296, the DHR cross-appeals. Held: