State claims woman runs unlicensed group home

Kim Smith

Tuesday, Aug. 22, 2000 | 10:42 a.m.

A woman who was ordered by a District Court judge to shut down her unlicensed group home in April is facing a fine of up to $20,000.

According to court documents filed Friday, the Nevada attorney general's office is asking that a second permanent injunction be filed against Ana L. Guerra and that a $10,000 to $20,000 fine be imposed.

Guerra, the AG's office contends, is operating a residential group home for the elderly at 5625 Birchwood Circle, near Pecos and Russell roads, despite the fact that she isn't licensed by the state.

District Judge Gary Redmon fined Guerra $1,000 and ordered her to shut down her facility in April, court records show. The state contends, however, that five residents were still living in the home in July and might be continuing to do so.

A visit by the Sun to the 5,500-square-foot home on Monday, however, revealed 16 empty rooms and no residents.

Guerra contested the charges and said she was not aware of the filing by the attorney general. She referred all questions to her attorney.

Attempts to reach her attorney by phone Monday and Tuesday were unsuccessful.

According to state law, people who care for more than three patients must be licensed by the state and, as of Oct. 1, 1999, stiff penalties can be assessed, Deputy Attorney General Linda Anderson said. Running an unlicensed home is a misdemeanor.

First-time offenders face up to a $10,000 fine and second-time offenders face up to $20,000.

Anderson said four unlicensed group home owners have been fined since the law went into effect. Guerra is the first to be charged with a second offense, he said.

Unlicensed group homes are a problem, Anderson said, because the state has no way of knowing they exist and cannot conduct background checks on owners, perform inspections or ensure the owners and employees are properly trained.

In addition, when unlicensed homes are found, Anderson said, the patients are forced to move, which is traumatic for them.