STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

WILBERT WILLIAMS AND ESTELLA WILLIAMS,

Petitioners,

vs.

DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Respondent.

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) Case No. 01-2616

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RECOMMENDED ORDER

Administrative Law Judge ("ALJ") Daniel Manry conducted the administrative hearing of this case on September 17, 2001, in Orlando, Florida, on behalf of the Division of Administrative Hearings ("DOAH").

APPEARANCES

For Petitioners: Wilbert and Estella Williams, pro se

412 Pine Avenue Sanford, Florida 32771

For Respondent: Craig A. McCarthy, Esquire

Department of Children and Family Services, District 7

400 West Robinson Street Orlando, Florida 32801

STATEMENT OF THE ISSUE

The issue in this case is whether Respondent should deny Petitioners' application for a license to provide foster home care for dependent children pursuant to Section 409.175, Florida

Statutes (1999). (All statutory references are to Florida Statutes (1999) unless otherwise stated.)

PRELIMINARY STATEMENT

By letter dated May 24, 2001, Respondent denied Petitioners' application for a foster care license. Petitioners timely requested an administrative hearing.

At the hearing, Petitioners testified in their own behalf, called no other witnesses, and submitted one exhibit for admission in evidence. Respondent called three witnesses and submitted six exhibits for admission in evidence.

The identity of the witnesses and exhibits, and the rulings regarding each, are set forth in the record of the hearing.

Neither party requested a transcript of the hearing, and neither party filed a proposed recommended order.

FINDINGS OF FACT

1. Respondent is the state agency responsible for licensing and regulating foster care in the state. Petitioners were foster care parents until October 5, 2000, when Petitioners voluntarily surrendered their foster care license for medical reasons.

2. Prior to October 5, 2000, Mrs. Williams suffered from high blood pressure and dizziness. She was physically unable to care for foster children and asked that Respondent remove all foster children from her home.

3. Before her medical problems began, Mrs. Williams complained to Respondent that she could not provide foster care for children with behavior problems. Mrs. Williams asked Respondent to remove certain children from her home because they presented behavioral problems with which she could not cope.

4. In March of 2001, Petitioners applied for a new license to provide foster care. Petitioners did not provide any medical evidence, during the hearing or the application process, that Mrs. Williams has recovered from her medical problems. Her medical problems have a long medical history and come and go each year.

5. Mrs. Williams is 62 years old. On the family profile sheet filed with Respondent, Mrs. Williams lists her occupation as "disabled."

   CONCLUSIONS OF LAW

   
   

6. DOAH has jurisdiction over the parties and the subject matter in this proceeding. Section 120.57(1). The parties were duly noticed for the hearing.

7. The burden of proof is on Petitioners. Petitioners must show by a preponderance of evidence that they should be licensed to provide foster care for dependent children. Section 120.57(1)(j); Florida Department of Transportation v. J.W.C.

   Company, Inc., 396 So. 2d 778 (Fla. 1st DCA 1981); Balino v.

   Department of Health and Rehabilitative Services, 348 So. 2d 349 (Fla. 1st DCA 1977).

8. Petitioners failed to satisfy their burden of proof.

Petitioners presented no independent medical evidence that

Mrs. Williams has recovered from her medical problems or can now cope with children who exhibit behavior problems. Petitioners provided no evidence that Mr. Williams can operate the foster care home without Mrs. Williams

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is

RECOMMENDED that Respondent enter a final order denying Petitioners' application for a license to provide foster care to dependent children.

DONE AND ENTERED this 31st day of October, 2001, in Tallahassee, Leon County, Florida.

DANIEL MANRY

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 October, 2001.

COPIES FURNISHED:

Virginia A. Daire, Agency Clerk Department of Children and

Family Services Building 2, Room 204B 1317 Winewood Boulevard

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

Wilbert and Estella Williams

412 Pine Avenue Sanford, Florida 32771

Craig A. McCarthy, Esquire Department of Children and

Family Services, District 7

400 West Robinson Street Orlando, Florida 32801

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: 01-002616

Orders for Case No: 01-002616