STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JANETTE D. STONE, )

)

Petitioner, )

vs. ) Case No. 97-1668

)

DEPARTMENT OF CHILDREN )

AND FAMILY SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Administrative Law Judge, Don W. Davis, held a formal hearing in the above-styled case on November 12, 1997, in St. Augustine, Florida.

APPEARANCES

For Petitioner: Robin H. Conner, Esquire

1750 Highway A1A, South, Suite B St. Augustine, Florida 32084

For Respondent: Roger L. D. Williams, Esquire

Department of Children and Family Services

Post Office Box 2147 Jacksonville, Florida 32217

STATEMENT OF THE ISSUE

Whether the application of Petitioner to participate in the Developmental Services Program offered by Respondent to benefit mentally retarded individuals should be granted.

PRELIMINARY STATEMENT

By letter dated January 16, 1997, Respondent’s representative informed Petitioner that Petitioner was ineligible to be a client of Respondent’s developmental services program.

Petitioner timely asserted her entitlement to administrative review of the pending agency decision. Subsequently, the case was forwarded to the Division of Administrative Hearings for formal proceedings, and by order of Administrative Law Judge Suzanne Hood, set for final hearing.

Thereafter, the matter was assigned to the undersigned for conduct of the final hearing where Petitioner presented the testimony of two witnesses. Respondent presented testimony of one witness and five exhibits.

Transcript of the final hearing was filed with the Division of Administrative Hearings on December 22, 1997. The proposed recommended order submitted by counsel for Respondent has been reviewed in connection with preparation of this recommended order. No proposed findings were timely submitted by or on behalf of Petitioner, and none had been received at the time of preparation of this recommended order.

FINDINGS OF FACT

1. An application filed on behalf of 20-year-old Janette Stone, Petitioner, to receive services of Respondent’s Developmental Services Program was denied by Respondent’s representative as documented in a letter dated January 16, 1997.

2. Following submittal of Petitioner’s application, her eligibility for admission to the program was reviewed by Respondent’s staff psychologist, Filipinas Ripka.

3. In order to determine Petitioner’s eligibility, Ripka reviewed psychological evaluations of Petitioner, three of which had been completed prior to Petitioner’s 18th birthday. One of the reviewed evaluations was made when Petitioner was 12 years of age. Another evaluation of Petitioner was completed when she was

   15 years and eleven months of age. A third evaluation occurred when Petitioner was 17 years old.

4. Petitioner received full-scale intelligence quotient (IQ) scores of 73, 72 and 73 respectively on the evaluations reviewed by Ripka. The evaluations were made on the revised Weschler Intelligence Scale For Children. The final evaluation, where Petitioner obtained a full-scale IQ score of 73, was made on the revised Weschler Adult Intelligence Scale.

5. The IQ scores received by Petitioner were all within what is termed the borderline range of intellectual functioning, as opposed to test results indicative of significant cognitive or

   intellectual functioning impairment reflective of retardation. Petitioner would have had to score 69 or lower to be considered retarded and eligible for Respondent’s developmental program.

   Further, manifestation of such impairments must be documented prior to age 18 in order to demonstrate eligibility for participation in Respondent’s program.

6. Accordingly, Ripka determined that Petitioner was ineligible to participate in the Developmental Services Program offered by Respondent because Petitioner exhibited only borderline intelligence prior to age 18, instead of cognitive or intellectual function impairment.

   CONCLUSIONS OF LAW

   
   

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

8. Section 393.063(43), Florida Statutes provides the following definition of retardation:

   (43) 'Retardation' means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the period from conception to age 18. 'Significantly subaverage general intellectual functioning,' for the purpose of this definition, means performance which is two or more standard deviations from the mean score on a standardized intelligence test specified in the rules of the department. 'Adaptive behavior,' for the purpose of this definition, means the effectiveness or degree with which an individual meets the standards of personal independence and social

   responsibility expected of his or her age, cultural group, and community.

   
   

9. Consideration of Petitioner’s deficits in adaptive behavior by Respondent was not necessary since her IQ score, while borderline, did not fall within the range of significant subaverage general intellectual functioning.

RECOMMENDATION

Based on the foregoing, it is hereby RECOMMENDED:

That Respondent enter a final order denying Petitioner’s application.

DONE AND ENTERED this 12th day of January, 1998, in Tallahassee, Leon County, Florida.

DON W. DAVIS

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847

Filed with the Clerk of the Division of Administrative Hearings this 12th day of January, 1998.

COPIES FURNISHED:

Robin H. Conner, Esquire

1750 Highway A1A South, Suite B St. Augustine, Florida 32084

Roger L. D. Williams, Esquire Department of Children

and Family Services Post Office Box 2417

Jacksonville, Florida 32217

Gregory D. Venz, Agency Clerk Department of Children

and Family Services 1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

Richard A. Doran, Esquire Department of Children

and Family Services Building 2, Room 204

1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of 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: 97-001668

Orders for Case No: 97-001668