STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF HEALTH AND ) REHABILITATIVE SERVICES, )

)

Petitioner, )

)

vs. ) CASE NO. 91-4900

)

WILLIAM T. AND MARY L. )

SCARFF, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Brooksville, Florida, before Robert T. Benton, II, Hearing Officer of the Division of Administrative Hearings, on January 16, 1992. After a full day of hearing the parties agreed to entry of a recommended order, with the understanding that it would be incorporated in and adopted as the agency's final order.

APPEARANCES

For Petitioner: Ralph J. McMurphy, Esquire

1000 NE 16th Avenue Gainesville, FL 32609

For Respondent: William and Mary Scarff

8281 Weeping Willow Street Brooksville, FL 34613

STATEMENT OF THE ISSUE

As originally framed, the issue was whether respondents' foster home license should be revoked for alleged failure to cooperate with HRS policy and personnel.

PRELIMINARY STATEMENT

By letter dated July 10, 1991, petitioner Department of Health and Rehabilitative Services (HRS) advised respondents of its intention to close their home to foster children for reasons that included respondents' alleged failure to demonstrate a "capacity to accept the child's relationship with . . . the department" and to "accept the department's responsibility for determining the outcome of foster children."

When the respondents requested a formal administrative hearing, HRS forwarded the request to the Division of Administrative Hearings for hearing, in accordance with Section 120.57(1)(b)3., Florida Statutes (1991).

FINDINGS OF FACT

1. As part of the settlement agreement, HRS abandoned any effort to prove the factual allegations which gave rise to these proceedings.

   
   

   CONCLUSIONS OF LAW

   
   

2. At hearing, the parties agreed that HRS will rescind its letter to respondents of July 10, 1991, and remove the letter (and attachment) from respondents' licensing file for appropriate disposition elsewhere, in keeping with the requirements of Chapter 119, Florida Statutes (1991 Supp.). HRS also agreed that it had not established that Mr. and Mrs. Scarff, or either of them, had ever been guilty of the physical, mental or sexual abuse or neglect of any child.

   
   

3. For their part, respondents agreed that they will not seek placement of another foster child in their home before the foster home license they currently hold expires. They also agreed that they would not apply to or through HRS district staff for the district in which Hernando County lies for renewal of their current foster home license of for subsequent licensure as a foster home; but the parties understood and agreed that nothing in their agreement was intended to prevent Mr. and Mrs. Scarff's applying to another HRS district for licensure, or in any way to affect any adoption proceeding.

RECOMMENDATION

It is, accordingly, RECOMMENDED:

That HRS enter a final order rescinding its letter of July 10, 1991, to Mr. and Mrs. William Scarff, with the understandings and conditions recited above.

DONE and ENTERED this 23 day of January, 1992, in Tallahassee, Florida.

COPIES FURNISHED:

Ralph J. McMurphy, Esquire 1000 NE 16th Avenue Gainesville, FL 32609

William and Mary Scarff 8281 Weeping Willow Street Brooksville, FL 34613

ROBERT T. BENTON, II

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, FL 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 23 day of January, 1992.

John Slye, General Counsel Department of Health and

Rehabilitative Services 1323 Winewood Blvd.

Tallahassee, FL 32399-0700

Sam Power, Agency Clerk Department of Health and

Rehabilitative Services 1323 Winewood Blvd.

Tallahassee, FL 32399-0700

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

ALL PARTIES HAVE THE RIGHT TO SUBMIT WRITTEN EXCEPTIONS TO THIS RECOMMENDED ORDER. ALL AGENCIES ALLOW EACH PARTY AT LEAST 10 DAYS IN WHICH TO SUBMIT WRITTEN EXCEPTIONS. YOU SHOULD CONTACT THE AGENCY THAT WILL ISSUE THE FINAL ORDER IN THIS CASE CONCERNING AGENCY RULES ON THE DEADLINE FOR FILING EXCEPTIONS TO THIS RECOMMENDED ORDER. ANY EXCEPTIONS TO THIS RECOMMENDED ORDER SHOULD BE FILED WITH THE AGENCY THAT WILL ISSUE THE FINAL ORDER IN THIS CASE.

Docket for Case No: 91-004900

Orders for Case No: 91-004900