STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STEPHANIE REEVES,

Petitioner,

vs.

DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Respondent.

)

)

)

)

) Case No. 01-3586

)

)

)

)

)

)

RECOMMENDED ORDER

Following notice to all parties, Don W. Davis, Administrative Law Judge for the Division of Administrative Hearings, held a final hearing in the above-styled case on Wednesday, October 17, 2001, in Leesburg, Florida.

APPEARANCES

For Petitioner: Stephanie Reeves, pro se

1707 Birchwood Circle

Apartment 1

Leesburg, Florida 34748

For Respondent: Ralph McMurphy, Esquire

Department of Children and Family Services

1601 West Gulf Atlantic Highway Wildwood, Florida 34785-8158

STATEMENT OF THE ISSUE

The issue to be resolved in this proceeding is whether Petitioner, a foster home operator, committed violations of the Florida Statutes and the Florida Administrative Code, as alleged

by Respondent, sufficient to justify Respondent's refusal to renew Petitioner's license.

PRELIMINARY STATEMENT

Petitioner was notified by letter dated August 10, 2000, from Respondent's representative that Petitioner's foster home license would not be renewed. Inadequate food and medical care for children housed in Petitioner's foster home were the reasons stated in the letter for the refusal to renew.

Petitioner timely sought an administrative proceeding to contest Respondent's decision not to renew, and the dispute was transferred to the Division of Administrative Hearings.

At the final hearing, Respondent presented three witnesses and five exhibits. Petitioner presented one exhibit and testimony of two witnesses.

No transcript was provided. Neither party timely submitted a proposed recommended order, and none had been submitted at the time of preparation of this Recommended Order.

FINDINGS OF FACT

1. On December 20, 1999, Petitioner applied for renewal of her license to operate a foster care home. The license was due to expire on February 15, 2000. Respondent's investigation of the application was eventually concluded on June 15, 2000.

2. By letter dated August 10, 2000, Petitioner was notified of Respondent's decision that, as a consequence of the

   Florida abuse report finding that Petitioner had failed to provide adequate food and medical care to children in her care, her home would not be re-licensed as a foster home.

3. At final hearing, Petitioner's testimony established that she did not intend to again operate a foster home. Her desire in requesting a hearing was simply "to clear her good name" from the allegations contained in Florida abuse report number 1999-124723. She further admitted that her personal physician opposed renewal of her license due to Petitioner's heart condition. Petitioner offered copies of medical reports from a medical practitioner as proof that allegations of the abuse report were incorrect. Specifically, it is found that the medical records proffered at best show only that the children were taken to a doctor on specific occasions and does little to rebut the abuse report’s allegations of inadequate food and medical care.

4. Further, testimony of Respondent’s employees at final hearing established that Petitioner’s son, a convicted felon without exemption status, had been residing in the home. Pursuant to applicable statutes, such a resident in the home also prevents re-licensure.

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction of the subject matter of and the parties to this proceeding. Section 120.57(1), Florida Statutes.

6. Respondent seeks to deny renewal of Petitioner's foster home care license due to the results of an abuse report dating from 1999. Respondent possesses a wide array of authority with regard to denial, suspension, revocation and/or renewal of Petitioner's licensure status. Section 402.305, Florida Statutes, and Rule Chapter 65C-22, Florida Administrative Code.

7. Section 402.310, Florida Statutes, states in part:

   
   

   (1)(a) The department or local licensing agency may deny, suspend or revoke a license or impose an administrative fine not to exceed $100 per violation, per day, for the violation of any provision of ss. 402.301-

   402.319 or rules adopted thereunder. However, where the violation could or does cause death or serious harm, the department or local licensing agency may impose an administrative fine, not to exceed $500 per violation per day.

   (b) In determining the appropriate disciplinary action to be taken for a violation as provided in paragraph (a), the following factors shall be considered:

   1. The severity of the violation, including the probability that death or serious harm to the health and safety of any person will result or has resulted, the severity of the actual or potential harm, and the extent to which the provisions of ss. 402.301-402.319 have been violated.

   2. Actions taken by the licensee to correct the violation or to remedy complaints.

   3. Any previous violations of the licensee.

   
   

8. Petitioner did not establish that matters underlying Respondent’s determination not to renew Petitioner’s license were untrue or that improprieties had been corrected. While sympathetic to Petitioner’s desire to clear her name, the purpose of this proceeding is to determine whether her license should be renewed in the face of the abuse report, the testimony by Respondent employees that a felon resides in the home, and the testimony of Petitioner herself that her doctor does not want her to continue to operate a foster home.

RECOMMENDATION

Having considered the foregoing Findings of Fact, Conclusions of Law, the evidence of record, and the candor and demeanor of the witnesses, it is recommended that a final order be entered confirming the denial of Petitioner’s license to operate a foster home.

DONE AND ENTERED this 14th day of November, 2001, 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 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 14th day of November, 2001.

COPIES FURNISHED:

Ralph McMurphy, Esquire Department of Children and

Family Services

1601 West Gulf Atlantic Highway Wildwood, Florida 34785-8158

Stephanie Reeves 1707 Birchwood Circle

Apartment 1

Leesburg, Florida 34748

Virginia A. 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 1317 Winewood Boulevard

Building 2, Room 204

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: 01-003586

Orders for Case No: 01-003586