STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JOHNNIE MAE SMITH, JOHNNIE ) MAE SMITH FOSTER HOME, )

)

Petitioner, )

)

vs. ) CASE NO. 88-0581

) DEPARTMENT OF HEALTH AND ) REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on June 16, 1988, in Miami, Florida.

APPEARANCES

For Petitioner: Johnnie Mae Smith, pro se

1760 Northwest 153rd Street Miami, Florida 33054

For Respondent: Morton Laitner, Esquire

Department of Health and Rehabilitative Services

401 Northwest Second Avenue, Suite 1040 Miami, Florida 33128

ISSUE PRESENTED

The issue presented herein is whether or not Petitioner is eligible to be assigned foster children.

FINDINGS OF FACT

Based on the Hearing Officer's observation of the witnesses and their demeanor while testifying, documentary evidence received, and the entire record complied herein, I make the following relevant factual findings:

1. Petitioner, Johnnie Mae Smith, was licensed as a foster parent on July 1, 1987, for one (1) female foster child (Certificate No. 787-48-1). Thereafter, Petitioner requested that foster children be placed in her home and she was denied.

   
   

2. Specifically, by letter dated December 4, 1987, Gloria P. Simmons, District Operations Manager, Children Youth and Family (CYF) Services, advised Petitioner that "we are not placing any foster children in your home for the following reasons:

   1. Insufficient income to provide adequate cash flow to support additional expenses incurred.

   2. Lack of integrity in reporting income while receiving AFDC 1/ payments.

   3. "Your provocative, overbearing, abrasive, and implusive (sic) behavior."

      
      

3. Petitioner was advised of her right to appeal Respondent's denial of placement of foster children in her home and she timely appealed that denial.

   
   

4. Gene Majure, (Majure hereafter) Senior CYF Counselor, has been employed by Respondent in excess of 16 years. Majure is presently assigned to making license recommendations for foster home applicants in Dade County. Majure was assigned Petitioner's foster home applicants license application for review. During October 1986, Petitioner received pre-service training as a foster parent at which time she made application for licensure as a foster parent. Petitioner's initial foster home study was conducted by Gene Majure, who rejected it primarily on the basis of "insufficient income."

   
   

5. Petitioner protested her initial foster home application rejection and instead of being processed through normal appeal channels, she was informed by Leonard Helfand, District Legal Counsel, that she would be reinvited to pre- service training and she could reapply.

   
   

6. Petitioner reattended the second part of pre-service training on May 21, 1987, and she officially reapplied.

   
   

7. Lois Rossman, (hereafter Rossman) Senior Youth and Family Counselor, and Peggy Ann Siegal, Children Youth and Family Supervisor, visited Petitioner in her home on June 12, 1987. Their interview of Petitioner revealed that Petitioner shared her three-bedroom home in Opa Locka with her two daughters, Chantrell (15) and Latrise (14). Petitioner is separated from her husband for approximately one year and his specific whereabouts is unknown.

   
   

8. Majure again visited Petitioner during January 1987. At that time, Majure inquired as to Petitioner's financial income and Petitioner responded verbally, and in writing, on October 9, 1986, and again on June 12, 1987, that she has $400 per month earned income which income is derived from a laundry service which she has operated for the past 5 years. On the other hand, Petitioner signed a monthly income statement with AFDC indicating that she has no earned income. To the extent that Petitioner has earned income, she incorrectly reported her income to AFDC since October 1986, which may result in either an overpayment or fraudulent involvement in her income reporting. (Respondent's exhibit 3).

   
   

9. Rossman was also assigned Petitioner's case to determine her eligibility to be assigned foster children. Rossman was present on the June 12, 1987, visit to Petitioner's residence at which time Petitioner again related that she had earned income of approximately $400 per month which income statement was contrasted with the available records that Respondent's employees had obtained from the AFDC office wherein Petitioner indicated that she had no earned income.

   
   

10. To the extent that Petitioner does not have earned income, she has indicated a total income of $264 per month and stated expenses of approximately

    $400-$605 per month which creates cause for concern as to her ability to maintain a stable and secure family environment for foster children.

    
    

11. Rossman also became involved in circumstances wherein Petitioner repeatedly called the CYF counselor's office demanding to speak with supervisory employees wherein she demanded that she be assigned foster children since she was licensed. When secretarial employees advised Petitioner that her message would be relayed and that as soon as a supervisor or other placement official became available, they would return her call, Petitioner would again call using an alias to attempt to get through. This problem persisted for several months following the time that Petitioner's foster home application was approved in July 1987.

    
    

12. Respondent's secretarial employees who answer the phone and greet clients in person have been trained to deal with irate and abusive clients, however Petitioner's unrelentless calling became so problematic that employees felt harassed and one employee broke down and starting crying based on Petitioner's persistence about seeing or talking to certain supervisory employees at certain times. Prior to the time that Petitioner's foster home license application was approved, she was much more pleasant in her conversations with employees in the CYF office. (Testimony of Peggy Siegal and Ellie Roman).

    
    

13. Petitioner also keeps three large dogs in her yard, one of which is a Pit Bull and two are large German Shepherds who made threatening postures at Respondent's employees when they visited Petitioner's home for inspections. Although Petitioner maintains that the two German Shepherds do not belong to her, they were at her home on each occasion when she was visited by licensing staff and Respondent's sanitation inspector. Petitioner keeps the dogs, which roam at will around the fenced area her home, at bay by swinging a rubber hose at them.

    
    

14. The fact that Petitioner is receiving welfare benefits is not an automatic disqualification which prevents her from being assigned foster children. Petitioner encountered problems with her spouse which culminated in a separation and she was, therefore, left with insufficient income to maintain herself and she applied for and is receiving welfare benefits. Petitioner plans to begin employment at Jackson Memorial Hospital shortly.

    
    

    CONCLUSIONS OF LAW

    
    

15. The Division of Administrative Hearings has jurisdiction over the subject matter of and parties to this action. Section 120.57(1), Florida Statutes (1987).

    
    

16. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

    
    

17. The authority of the Respondent is derived from Chapter 409, Florida Statutes.

    
    

18. The purpose of family foster home licensure is:

    
    

    To protect the health, safety and

    well-being of all children in the state who are cared for by family foster homes ... and providing procedures to

    determine adherence to [such] requirements. Section 409.175(1)(a), Florida Statutes (1987).

    
    

19. HRS Manual 175-12A, Chapter 6, Section 6-4,E. provides in pertinent part that:

    
    

    Foster parents must have sufficient income to assure their stability and the security of their own family without relying on Board payments. They must be able to absorb the first month's care of the foster child until a Board payment is received.

    
    

20. Petitioner has failed to show that she has adequate income which is sufficient to maintain a stable and secure environment without relying on other payments.

    
    

21. HRS Manual 175-12A, Chapter 6, Section 6-2,A,(2) provides in pertinent part that:

    
    

    Respondent's licensing counselors'

    task is to determine whether: `There is integrity of character and a well- established pattern of family life that can serve as a standard setting model for children. This includes behavior a child can learn to trust and a routine a child can rely upon.'

    
    

    Petitioner's conflicting statements respecting the amount of earned income that she was receiving and her failure to clear this concern up when confronted therewith at hearing and her persistent calling of the licensing unit when told that counselors and/or foster child placement supervisors were unavailable at the moment and Petitioner's prompt callback using an alias, amounts to a failure on Petitioner's part to demonstrate that she has the requisite character and integrity as is required to demonstrate a standard setting model for children.

    
    

22. HRS Manual 175-12A, Chapter 6, Section 6-4,0.(6), provides in pertinent part that:

The foster parents must have a

method to restrict children's access to large pets or potentially dangerous animals.

Petitioner's maintenance of three large dogs in her yard which were not restrained presents a potentially dangerous site for children and Petitioner failed to demonstrate any method to restrict their (the foster children's) access to the large dogs.

RECOMMENDATION

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

Respondent, Department of Health and Rehabilitative Services, enter a final order finding that Petitioner is not eligible to be assigned foster children. 2/

DONE AND ENTERED in Tallahassee, Leon County, Florida, this 13th day of October, 1988.

JAMES E. BRADWELL

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 13th day of October, 1988.

ENDNOTES

1/ Aid to families with dependent children subsidies.

2/ This recommendation does not, in any manner, forestall petitioner from again applying to obtain placement of foster children when she complies with Respondent's rules and regulations respecting the assignment of foster children to foster homes.

COPIES FURNISHED:

Ms. Johnnie Mae Smith

1760 Northwest 153rd Street Miami, Florida 33054

Morton Laitner, Esquire Department of Health and Rehabilitative Services

401 Northwest Second Avenue Suite 1040

Miami, Florida 33128

Sam Power, Clerk Department of Health and Rehabilitative Services 1323 Winewood Boulevard Building One, Room 407

Tallahassee, Florida 32399-0700

Gregory L. Coler, Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Building One, Room 407

Tallahassee, Florida 32399-0700

John Miller, Esquire Acting General Counsel Department of Health and Rehabilitative Services 1323 Winewood Boulevard Building One, Room 407

Tallahassee, Florida 32399-0700

Docket for Case No: 88-000581

Orders for Case No: 88-000581