Judges: G. STEVEN PFEIFFER
Agency: Department of Children and Family Services
Latest Update: Sep. 27, 1978
Summary: Child was not malnourished. Deny Women, Infants and Children (WIC) benefits.
78-1271.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
MS. MATTIE LEWIS )
)
Petitioner, )
)
vs. ) CASE NO. 78-1271
)
DEPARTMENT OF HEALTH AND )
REHABILITATIVE SERVICES, )
)
Respondent. )
)
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, G. Steven Pfeiffer, held a public hearing in this cause on August 3, 1978, in Pensacola, Florida.
The following appearances were entered: Mattie Lewis, the Petitioner, who appeared on her own behalf; and Jon W. Searcy, Pensacola, Florida, who appeared on behalf of the Respondent, Department of Health and Rehabilitative Services.
The Petitioner, Ms. Mattie Lewis, applied for dietary benefits for her son under the "Women, Infants, and Children's Program", which is known as the "WIC" Program. The Department determined that the Petitioner's son was not eligible for benefits, and accordingly denied her application. By letter dated June 7, 1978, the Petitioner requested a hearing, contending that her son was overweight for his age, and was entitled to benefits under the program. The matter was forwarded by the Department of Health and Rehabilitative Services to the office of the Division of Administrative Hearings, and a final hearing was scheduled by notice dated July 20, 1978.
At the final hearing the Petitioner appeared and testified as a witness on her own behalf. The Respondent, Department of Health and Rehabilitative Services, called the following witnesses: Katheryn Weeks, nursing supervisor in charge of clinics for the Escambia County Health Department; Annie Samuels, a clinic aide employed by the Escambia County Health Department; Marian C. Bedell, a Licensed Practical Nurse employed by the Escambia County Health Department; and Gladys Hutto, a Registered Nurse employed by the Escambia County Health Department. Respondent's Exhibits 1-3 were offered into evidence at the final hearing and were received.
FINDINGS OF FACT
The Petitioner is the mother of Antonio Lewis. On May 9, 1978, Antonio was taken by the Petitioner to the Well Baby Clinic operated by the Escambia County Health Department. Antonio was at that time seven weeks old. He was measured and found to be 23 inches in length, and weighed 12 pounds 14 ounces. Antonio next visited the clinic on July 6, when he was approximately three months old. At that time he was 25 3/4 inches in length and weighed 15 pounds
12 ounces. According to weight/height charts utilized by officials of the Health Department, Antonio is within the 25th percentile, which means that he is heavier for his height than 75 percent of all babies. This places him somewhat above average, but within the normal range. No symptoms of malnourishment were observed at either visit. He had a normal birth weight, has not experienced inordinate weight gains for his height, has not failed to thrive, has grown normally, and it does not appear that his mother had an especially difficult pregnancy.
Prior to the age of 6 months, observation is the primary indicator of malnourishment in babies. After that age, hemoglobin or hematocrit tests can be administered to determine certain dietary deficiencies. Prior to the age of 6 months, however, the results of these tests are not valid.
The WIC Program is designed to provide dietary aid and assistance to persons who are suffering from malnutrition. It does not appear that Antonio Lewis has any special nutritional needs, or that he is suffering from malnourishment.
On July 6, when the Petitioner took Antonio to the clinic, her sister also took her son. Her son, who was 5 1/2 months old and weighed 16 pounds, was found eligible for the program on account of being underweight. The Petitioner felt that since her son weighed 15 pounds 12 ounces and was only 3 months old, he must have been overweight, and eligible for the program. While it is evident that Antonio is on the heavy side of the normal range, it does not appear that his weight is of such magnitude to indicate malnourishment.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the subject matter of this action and over the parties. Section 120.57(1), Florida Statutes (1977)
Entitlement to WIC benefits is provided at Title 7 CFR, Section 246.7. The rules provide:
A competent professional authority on the staff of the local agency shall determine if a person is in nutritional need through a me- dical or nutritional assessment. This deter- mination may be based on data submitted by another competent professional authority.
The person's height or length and weight shall be measured, and a hemoglobin or hematocrit test shall be performed if the necessary equipment for such tests is avai-
lable. However, such hemoglobin or hematocrit tests are not required for infants under six months of age. The competent professional authority shall assure that those persons in greatest nutritional needs are placed in the Program first.
The rules go on to establish priorities for entitlement to participation in the Program. It does not appear that Antonio Lewis has nutritional needs sufficient to justify his placement in the Program.
The Petitioner's application for benefits under the WIC Program should be denied. It is recommended that the Petitioner take her child to the clinic so that hemoglobin and hematocrit tests can be administered after the child is six months old.
RECOMMENDATION
Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby
RECOMMENDED:
That a final order be entered denying the application of Mattie Lewis for WIC Program benefits.
RECOMMENDED this 11th day of August, 1978, in Tallahassee, Florida.
G. STEVEN PFEIFFER Hearing Officer
Division of Administrative Hearings
101 Collins Building
Mail: 530 Carlton Building Tallahassee, Florida 32304
(904) 488-9675
COPIES FURNISHED:
Jon W. Searcy, Esquire District One
Department of Health and Rehabilitative Services
160 Governmental Center Pensacola, Florida 32501
Mattie L. Lewis
200 Hickory Street, #149 Pensacola, Florida
Docket for Case No: 78-001271
Orders for Case No: 78-001271
