STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Petitioner, )

)

vs. ) CASE NO. 86-1907

) JEANETTE DILLIGARD FOSTER HOME, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by it duly designated Hearing Officer, W. Matthew Stevenson, held a formal hearing in this cause on November 26, 1986, in Miami, Florida. The following appearances were entered:

APPEARANCES

For Petitioner: Leonard T. Helfand, Esquire

Department of Health and Rehabilitative Services

401 Northwest 2nd Avenue, Suite 790 Miami, Florida 33128

For Respondent: Jeanette Dilligard (pro se)

1751 Northwest 76th Street Miami, Florida 33147

The issue at the final hearing was whether the Respondent's license to operate a foster home should be revoked.

PROCEDURAL BACKGROUND

The Petitioner filed the Administrative Complaint on March 7, 1986, seeking to revoke the Respondent's license to operate a foster home based on allegations of physical abuse. By letter dated April 8, 1986, the Respondent disputed the allegations of fact contained in the Administrative Complaint and requested a formal administrative hearing.

At the final hearing, the Petitioner presented the testimony of six witnesses. In addition, Petitioner's Exhibits 1 and 2 were duly offered and admitted into evidence. The Respondent testified in her own behalf but submitted no documentary evidence. The Petitioner submitted post-hearing proposed findings of fact. A ruling has been made on each proposed finding of fact in the Appendix to this Recommended Order.

FINDINGS OF FACT

1. The Respondent, Jeanette Dilligard, is licensed to operate the Dilligard Foster Home for children located at 1751 N.W. 76th Street in Miami, Florida.

   
   

2. In the summer of 1985, W. T., age 11, L. I., age 9 and P. F., age 8, were placed in Ms. Dilligard's care by DHRS.

   
   

3. While the children were in Ms. Dilligard's care, they were frequently and consistently given physical punishments and beatings. Each child would receive some form of physical punishment at least once a week.

   
   

4. Ms. Dilligard used an electrical extension cord and a white belt when administering the beatings. The beatings would last about 5 minutes, sometimes leaving cuts and bruises on the children.

   
   

5. The punishments were usually administered for fairly insignificant transgressions by the children. On one occasion, Ms. Dilligard had taken the children with her to a laundromat and L. I. accepted a piece of chewing gum from another person that was there. When Ms. Dilligard and the children returned home, L. I. was given a beating for "accepting food from a stranger." On another occasion, P. F. was eating sunflower seeds and left some of the empty shells on the floor. Ms. Dilligard administered a beating to P. F. for that offense. On yet another occasion, P. F. received a beating when she brought home a bad school report card.

   
   

6. On November 19, 1985, W. T. lost a key to the house which he was given by Ms. Dilligard. Ms. Dilligard had previously told W. T. that if he lost the key, he could be given a beating. That evening, W. T. and his two sisters planned that they would run away from Ms. Dilligard's home the next day. On the morning of November 20, 1985, the three children ran away and went to their aunt's house.

   
   

7. After the children left Ms. Dilligard's home, they were interviewed by the child protection team in Dade County and taken to Jackson Memorial Hospital for a medical examination.

   
   

8. The physician's report indicated that both P. F. and L. I. had multiple bruises, scratches and abrasions on their legs and back which were non- accidental type injuries consistent with their allegations of physical beatings.

   
   

9. Prior to receiving her license to operate a foster home, Ms. Dilligard was specifically advised, during a Foster Parent Training Program, of DHRS' policy that any form of physical punishment in the foster home setting was prohibited.

   
   

   CONCLUSIONS OF LAW

   
   

10. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings. Section 120.57(1), Florida Statutes.

    
    

11. The Department of Health and Rehabilitative Services is the state agency charged with the responsibility of regulating and establishing licensing requirements for family foster homes. Section 409.175, Florida Statutes. When developing the standards and policies that govern the licensure of foster homes,

    the DHRS applied the recommended standards of the American Public Welfare Association. Rule 10M-6.05, Florida Administrative Code.

    
    

12. Rule 10M-6.05(2)(i) provides in part that:

    
    

    If abuse or neglect of foster children by their foster parents has been established through departmental investigation, the foster children shall be immediately removed from the home and the foster home license shall be revoked ...

    
    

13. The Petitioner has met its burden of showing that the three children suffered abuse and neglect while in Ms. Dilligard's care. In particular, the beatings and physical injuries sustained by the three children are indication of physical abuse and neglect as defined in Section 415.503(12), Florida Statutes. In addition, prior to receiving her license, Ms. Dilligard was specifically informed of DHRS' policy that any form of physical punishment in the foster home setting was prohibited.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is, RECOMMENDED:

That Jeanette Dilligard's license to operate a family foster home be REVOKED.

DONE AND ORDERED this 12th day of January, 1987, in Tallahassee, Florida.

W. MATTHEW STEVENSON Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 12th day of January, 1987.

APPENDIX TO RECOMMENDED ORDER, CASE NO. 86-1907

The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the parties to this case.

Rulings on Proposed Findings of Fact Submitted by the Petitioner

1. Adopted in substance in finding of fact 3.

2. Adopted in substance in finding of fact 4.

3. Adopted in substance in finding of fact 4.

4. Rejected as subordinate.

5. Adopted in substance in finding of fact 4.

6. Adopted in substance in finding of fact 5.

7. Rejected as subordinate.

8. Rejected as argument.

9. Rejected as argument.

10. Rejected as argument.

11. Rejected as subordinate.

12. Rejected as a recitation of testimony.

13. Adopted in substance in finding of fact 5.

Rulings of Proposed Findings of Fact Submitted by the Respondent (None Submitted)

COPIES FURNISHED:

Leonard T. Helfand, Esquire Department of Health and

Rehabilitative Services

401 Northwest 2nd Avenue, Suite 790 Miami, Florida 33128

Jeanette Dilligard

1751 Northwest 76th Street Miami, Florida 33147

William Page, Jr., Secretary Department of Health and

Rehabilitative Services 1323 Winewood Boulevard

Tallahassee, Florida 32301

Steven W. Huss, General Counsel Department of Health and

Rehabilitative Services 1323 Winewood Boulevard

Tallahassee, Florida 32301

=================================================================

AGENCY FINAL ORDER

=================================================================

STATE OF FLORIDA

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,

Petitioner,

vs. CASE NO. 86-1907

JEANETTE DILLIGARD FOSTER HOME

Respondent.

/

FINAL ORDER

This cause came on before me for the purpose of issuing a final agency order. The Hearing Officer assigned by the Division of Administrative Hearings (DOAH) in the above-styled case submitted a Recommended Order to the Department of Health and Rehabilitative Services (HRS). A copy of that Recommended Order is attached hereto.

FINDINGS OF FACT

The Department hereby adopts and incorporates by reference the findings of fact set forth in the Recommended Order.

CONCLUSIONS OF LAW

The Department hereby adopts and incorporates by reference the conclusions of law set forth in the Recommended Order.

Based upon the foregoing, it is

ADJUDGED, that respondent's license to operate a family foster home be revoked.

DONE and ORDERED this 13th day of February, 1987, in Tallahassee, Florida.

GREGORY L. COLER

for Secretary

COPIES FURNISHED:

Leonard Helfand, Esquire

401 Northwest 2nd Avenue, Suite 790 Miami, Florida 33128

Jeanette Dilligard pro se 1751 Northwest 76th Street Miami, Florida 33147

W. Matthew Stevenson Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the fore going was sent to the above-named people by U.S. Mail this 19th day of February, 1987.

R. S. Power, Agency Clerk Assistant General Counsel Department of Health and

Rehabilitative Services 1323 Winewood Boulevard Building One, Room 407

Tallahassee, Florida 32399-0700 904/488-2381

NOTICE OF RIGHT TO JUDICIAL REVIEW

A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERIC OF HRS, AND A SECOND COPY, ALONG WITH FILING FEE AS PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE AGENCY MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.

Docket for Case No: 86-001907

Orders for Case No: 86-001907