STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF CHILDREN )

AND FAMILY SERVICES, )

)

Petitioner, )

vs. ) Case No. 99-2328

)

GERALDINE H. DANIELS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held in this case by video teleconference with the Petitioner appearing from Fort Lauderdale, Florida, on April 20, 2000, before J. D. Parrish, a designated Administrative Law Judge of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: Deborah Guller, Esquire

Department of Children and Family Services

201 West Broward Boulevard Suite 502

Fort Lauderdale, Florida 33301 For Respondent: No Appearance

STATEMENT OF THE ISSUE

Whether the Respondent's license to operate a family foster home should be renewed.

PRELIMINARY STATEMENT

This case began on April 7, 1999, when the Petitioner, Department of Children and Family Services (Department), issued a letter advising the Respondent that her license to operate a family foster home would not be renewed. More specifically, the Department alleged that the Respondent had applied for and received SSI benefits for two children who had been placed in the foster home while receiving the monthly board rate from the Department for the support and care of the children. The Department alleged that such action was in violation of Department policy and law. Moreover, the Department alleged that the Respondent had failed to refund the overpayments.

By letter filed with the Department on May 18, 1999, the Respondent requested a formal hearing in connection with the allegations. Such letter further maintained that the training she received did not state "Foster Parents are not allowed to apply for SSI Benefits." She also alleged that no one had requested a repayment of the funds and that her efforts to resolve the matter had been ignored by the Department.

The matter was forwarded to the Division of Administrative Hearings for formal proceedings on May 26, 1999. Thereafter the parties sought and were granted an abeyance.

Notice of the hearing was provided to the Respondent by certified mail which was received on April 7, 2000. At the

hearing the Petitioner's outstanding request for official recognition was granted. Additionally, the Petitioner's request to clarify the notice of denial letter to amend the statutory reference was also granted.

The Petitioner presented testimony in the matter from Janice Hunte, a counselor employed by the Department, and Jennifer Mays-Edwards, the Family Services Counselor Supervisor. The Petitioner's Exhibits numbered 1 through 6, 8, and 10 through 16 were admitted into evidence. Official recognition was taken of Petitioner's Exhibits numbered 7 and 9. Respondent did not appear at the hearing. In light of the fact the Department has the burden of proof in this case, the hearing proceeded without Respondent. A transcript of the proceeding has not been filed. The Petitioner's proposed recommended order filed on April 26, 2000, has been considered in the preparation

of this Order.

FINDINGS OF FACT

1. The Petitioner is the state agency charged with the responsibility of regulating foster home licenses in the State of Florida.

2. The Respondent, Geraldine H. Daniels, operated a licensed foster care home at 2625 Northwest Third Street, Pompano Beach, Florida, from November 1994 until September 1998.

   At all times during such period the Respondent held a valid foster care license that expired on or about November 7, 1998.

3. The Respondent sought to renew the foster care license but was denied by the Petitioner. The denial was timely challenged and the matter was forwarded to the Division of Administrative Hearings for formal proceedings.

4. Foster home parents receive a "board rate" for children placed in their homes. This rate is to provide financial assistance to the foster home parent so that the child's needs may be met.

5. A minor child known in this record as W.S. was placed in the Respondent's care in January 1998. The Respondent was paid the board rate for W.S. for the months of January through June 1998.

6. During the same period of time, the Respondent collected SSI benefits for the child W.S. from the Social Security Administration. Such payments totaled $2,964.

7. A second minor, P.H., was placed in the Respondent's foster care home in January 1998. The Respondent was paid the Department board rate for P.H. for January through September 1998.

8. The Respondent applied for and received SSI benefits for P.H. beginning in July 1998. Although the Department paid

   the Respondent the monthly board rate for the minor, she collected the additional sums from SSI through December 1998.

9. In August 1998 the Department notified the Respondent that she was not allowed to collect SSI benefits for children in her care.

10. Subsequent to the notice, the Respondent continued to accept SSI benefits for P.H.

11. The Department serves as the legal custodian for the children within the foster care program. As such, it is entitled to the SSI benefits for children within the system. Foster parents are entitled to the board rate that is established by the Department's uniform rate for dependent children.

12. The Respondent made reimbursements to the Department after her home was closed in September 1998 due to the alleged fraudulent activity and lack of interaction with the children placed in the home.

    CONCLUSIONS OF LAW

    
    

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

14. Section 409.175, Florida Statutes, provides, in part:

    
    

    (1)(a) The purpose of this section is to protect the health, safety, and well-being of all children in the state who are cared

    for by family foster homes, residential child-caring agencies, and child-placing agencies by providing for the establishment of licensing requirements for such homes and agencies and providing procedures to determine adherence to these requirements.

    
    

    * * *

    
    

    (2)(e) "Family foster home" means a private residence in which children who are unattended by a parent or legal guardian are provided 24-hour care. Such homes include emergency shelter family homes, family foster group homes, and specialized foster homes for children with special needs. A person who cares for a child of a friend for a period not to exceed 90 days, a relative who cares for a child and does not receive reimbursement for such care from the state or federal government, or an adoptive home which has been approved by the department or by a licensed child-placing agency for children placed for adoption is not considered a family foster home.

    
    

    (f) "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.

    
    

    * * *

    
    

    (4)(a) The department shall adopt and amend licensing rules for family foster homes, residential child-caring agencies, and child-placing agencies. The department may also adopt rules relating to the screening

    requirements for summer day camps and summer 24-hour camps. The requirements for licensure and operation of family foster homes, residential child-caring agencies, and child-placing agencies shall include:

    
    

    1. The operation, conduct, and maintenance of these homes and agencies and the responsibility which they assume for children served and the evidence of need for that service.

    2. The provision of food, clothing, educational opportunities, services, equipment, and individual supplies to assure the healthy physical, emotional, and mental development of the children served.

    3. The appropriateness, safety, cleanliness, and general adequacy of the premises, including fire prevention and health standards, to provide for the physical comfort, care, and well-being of the children served.

    
    

    * * *

    
    

    5. The good moral character based upon screening, education, training, and experience requirements for personnel.

    
    

    * * *

    
    

    8. Satisfactory evidence of financial ability to provide care for the children in compliance with licensing requirements.

    
    

    * * *

    
    

    10. The provision for parental involvement to encourage preservation and strengthening of a child's relationship with the family.

    
    

    * * *

    
    

    (8)(a) The department may deny, suspend, or revoke a license.

    (b) Any of the following actions by a home or agency or its personnel is a ground for denial, suspension, or revocation of a license:

    
    

    * * *

    
    

    1. A violation of the provisions of this section or of licensing rules promulgated pursuant to this section.

       
       

    2. Noncompliance with the requirements for good moral character as specified in paragraph (4)(a).

    
    

    * * *

    
    

15. Pursuant to Chapter 39, Florida Statutes, a dependent child is a minor for whom there is no parent or legal custodian capable of providing supervision and care. In such instances, the Department may be designated the legal custodian. As such the Department must provide for the child through the licensed foster care homes it supervises throughout the state.

16. In this matter the Department bears the burden of proof to establish the grounds for the denial of the renewal of the Respondent's foster care license. It has met that burden and established, by clear and convincing evidence, that the Respondent continued to receive SSI benefits after she was advised of the impropriety. In contracting with the Department the Respondent agreed to accept the board rates for the support of children placed in her home. The Respondent has not shown she was entitled to additional support payments or that the

Department had transferred legal custody of the children to her. Once notified on the impropriety of receiving double payments for the children, the Respondent should have immediately ceased such conduct and repaid the funds. The Respondent has provided no explanation for her behavior in this cause.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Children and Family Services enter a Final Order denying the Respondent's request for renewal of the foster care license.

DONE AND ENTERED this 31st day of May, 2000, 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 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 31st day of May, 2000.

COPIES FURNISHED:

Deborah Guller, Esquire

Department of Children and Family Services

201 West Broward Boulevard, Suite 502 Fort Lauderdale, Florida 33301

Geraldine H. Daniels

2625 Northwest Third Street Pompano Beach, Florida 33069

Virginia Daire, Agency Clerk

Department of Children and Family Services 1317 Winewood Boulevard

Building 2, Room 204B Tallahassee, Florida 32399-0700

Josie Tomayo, General Counsel

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: 99-002328

Orders for Case No: 99-002328