STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BETTY STEWART, )

)

Petitioner, )

)

vs. ) Case No. 97-4254

)

DEPARTMENT OF CHILDREN AND )

FAMILY SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held in this case by video teleconference on February 12, 1998, with the parties appearing from West Palm Beach, Florida, before J. D. Parrish, a designated Administrative Law Judge of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: Betty Stewart

812 Foresteria Drive

Lake Park, Florida 33402

For Respondent: Colleen Farnsworth

Assistant District Legal Counsel

111 South Sapodilla Avenue Suite 201

West Palm Beach, Florida 33401 STATEMENT OF THE ISSUE

Whether the Petitioner is entitled to renewal of a foster care license.

PRELIMINARY STATEMENT

This case began on August 18, 1997, when the Department of

Children and Family Services (Department) issued a letter informing Petitioner that a license to provide foster care would not be renewed. The basis for the denial included: substandard housekeeping standards; lack of stability in housing; inadequate medical care for a child in the home; and concerns that Petitioner's son was dealing illegal drugs. Thereafter, Petitioner timely requested an administrative hearing to contest the denial. The matter was then forwarded to the Division of Administrative Hearings for formal proceedings on September 11, 1997.

At the hearing, Petitioner's brother, Isaiah Stewart, was granted leave to assist Petitioner in the presentation of the case. Petitioner testified on her own behalf and offered the testimony of Isaiah Stewart. The Department presented the testimony of Daniella Arnold, a family services counselor; Alfredo Etienne, Petitioner's former foster care resident; Laura Williams, a foster parent liaison employed by the Department; Holly Plank, a family services counselor; Holly Dandy, a protective services counselor; Mary Bosco, the Department's operations and management consultant II; and Rebecca Ann Walker, the program operations administrator for the Department. The Department's Exhibits numbered 1, 2, 3, and 5 have been admitted in to evidence. The Department requested, and official recognition has been taken, of Section 409.175, Florida Statutes, as well as Rules 65C-13.010, and 65C-13.011, Florida

Administrative Code.

A transcript of the proceeding has not been filed. The parties were granted ten days from the hearing to file proposed recommended orders. The proposed order filed by the Department has been considered in the preparation of this order. The Petitioner has not timely filed a proposed order.

FINDINGS OF FACT

1. Petitioner, Betty Stewart, was licensed by the Department to operate a foster care home on August 5, 1991. Thereafter, until the instant matter arose, Petitioner received a renewal of this license.

2. On August 18, 1997, the Department notified Petitioner that her license would not be renewed. The decision was based upon Petitioner's alleged failure to meet the minimum standards for foster parenting. More specifically, the denial alleged concerns with Petitioner which included:

   Standard housekeeping standards. Counselors have reported that your home was not kept clean. They noted a stale odor, and observed clothes piled up and roach infestations.

   
   

   Lack of stability in housing. The licensing record indicates that you have had at least five different residences since you were licensed in 1991. Constant moving does not provide stability for the children placed with you.

   
   

   Inadequate medical care for a child in our home. The counselor for a child who had been in your home indicated that you failed to get timely dental care for a child in your home that resulted in the child needing to have a tooth extracted. Additionally it was

   reported that you did not follow-up with getting a dermatologist's prescription filled for this same child.

   
   

   Concerns that your son was dealing in illegal drugs. While your son did not live with you, he was in and out of your home and having contact with the foster children in your home, which in fact could have a potentially negative impact on them. You did admit to

   Laura Williams, the foster parent liaison, that you were aware that he was dealing drugs.

   
   

3. During the time of Petitioner's licensure, she was licensed at five different locations. That is, she moved from one property to another and relicensed the new location, five times in six years.

4. Additionally, during the time of licensure, Petitioner received a "provisional license" on four occasions. A provisional license is issued when the applicant must take additional measures to comply with all licensure requirements. On four occasions the Department worked with the Petitioner so that she would obtain licensure.

5. For each license, Petitioner executed an agreement to provide substitute care for dependent children as prescribed by the Department. This agreement required Petitioner to comply with all rules implemented for foster care homes and specifically required Petitioner to report any illness of a child to the Department.

6. In one instance, the Petitioner failed to seek immediate dental care for a child placed in her home. The dental problem was made known to the Department when the child was caught shoplifting Oragel, an over-the-counter product used to relieve toothache.

7. Petitioner also did not compel a child to attend counseling sessions with a licensed therapist. Petitioner was

   responsible for assuring that the child be given transportation to and from such sessions.

8. Although limited to two children by license restriction, Petitioner typically had more than two children placed in her home.

9. Given the shortage for foster care homes, the Department routinely waived the limit and placed additional children with Petitioner even though she was ill-equipped to deal with the extra children.

10. The Petitioner's son, who is now deceased, did not reside with Petitioner during the final licensure period. Although he resided in the community near her home, there is no evidence to support a finding that he was dealing drugs from the licensed premises.

    CONCLUSIONS OF LAW

    
    

11. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.

12. Section 409.175(2)(f), Florida Statutes, provides:

    
    

    "License" means "license" as defined in s. 120.52(9). A license under this section is issued to a family foster home or other facility and is not a professional license of any individual. Receipt of a license under this section shall not create a property right in the recipient. A license under this act is a public trust and a privilege, and is not an entitlement. This privilege must guide the finder of fact or trier of law at any administrative proceeding or court action initiated by the department.

13. Subsection (4) of Section 409.175, Florida Statutes, authorizes the Department to adopt rules for foster care homes. Such rules have been promulgated and are found in Rule

    65C-13.010, Florida Administrative Code.

    
    

14. Rule 65C-13.010, Florida Administrative Code, provides, in pertinent part:

    1. Substitute Care Parents' Role as a Team Member.

       (b) Family Care Activities

       
       

       1. Daily living tasks.

          1. The substitute care parents are expected to provide structure and daily activities designed to promote the individual physical, social, intellectual, spiritual, and emotional development of the children in their home.

             
             

             6. Health Care . . .

          2. The substitute care parents are expected to transport children for medical, dental or other appointments which may be needed.

          3. The substitute care parents must inform the counselor of medical and dental treatment of children, and keep clear records of these treatments.

15. In this case, the Department has established that the Petitioner has not met the minimum requirements for licensure as a foster care parent. Moreover, Petitioner has not demonstrated that she does meet the requirements. Petitioner's history of moves demonstrates a lack of structure and stability which foster care children must have. Moreover, Petitioner failed to provide care to a child requiring dental treatment, failed to notify the

    Department of the health problem, and failed to insist that the child attend counseling.

16. Foster care children require structure and consistent interaction between the foster care licensee and the child. In this regard, Petitioner let a minor child "go and come" as he pleased. The child did not attend counseling sessions or school on many occasions. Petitioner had the responsibility of parenting the child. Petitioner was charged with the duty of assisting the child with dental care, therapy transportation, or whatever service might be needed to meet his needs. She failed to do so.

17. While the agency contributed to Petitioner's failures by placing too many children in her home, it is evident Petitioner did not meet the minimum standards for licensure at the time of the renewal request regardless of the number of children assigned to her home. Future licensure may be available to Petitioner provided she is able to establish stability in her residence and additional training in the requirements for licensure.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department enter a Final Order denying Petitioner's request for license renewal as a foster care home.

DONE AND ENTERED this 13th day of March, 1998, in

Tallahassee, Leon County, Florida.

J. D. Parrish 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 13th day of March, 1998.

COPIES FURNISHED:

Gregory D. Venz, Agency Clerk Department of Children and

Family Services Building 2, Room 204

1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

Richard A. Doran, General Counsel Department of Children and

Family Services Building 2, Room 204

1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

Colleen Farmsworth

Assistant District Legal Counsel Department of Children and

Family Services

111 South Sapodilla Avenue Suite 201

West Palm Beach, Florida 33401

Betty Stewart, pro se 812 Foresteria Drive

Lake Park, Florida 33403

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: 97-004254

Orders for Case No: 97-004254