Jeb Bush State of Florida Governor Department of Children and Families ; Lucy D. Hadi Children & Families Secretary Jack L. Moss ~ STATE OF FLORIDA District Adgijpistrator’ , DEPARTMENT OF CHILDREN AND FAMILIES we Zt “tp IN THE MATTER OF Delivered Certified Mail Dy wv, Pe The Revocation Of 7004 1160 0005 0255 2703;. ee, a aod License As A Child and by Fax to the President'of HC “7% Placing Agency In Board of Directors “ 4g Ds ¢ 2D The State Of Florida “Sh, 3 Adoption Placement, Inc. February 24, 2006 1840 N. Pine Island Road . + — Plantation, Florida 33322 (lb - | jd ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the State of Florida, Department of Children and Families, (hereinafter “Department”) intends to revoke your license as a child-placing agency. As grounds for the revocation, the Department states as follows: 1. The Department has authority to take this action pursuant to section 409.175(8)(b)(2), Florida Statutes. 2. The Respondent, Adoption Placement, Inc., (hereinafter “agency” or “API”) is a Florida non-profit corporation, whose registered agent is Robert Kuschel. 3. The Respondent is licensed as a child-placing agency under Chapter 409.175, Florida Statutes, and Rules 65C-15, Florida Administrative Code. 4. On February 24, 2006, after receipt of a complaint implicating the agency and it’s employees in unscrupulous adoption activities, and pursuant to Rule 65C-15.004, Florida Administrative Code, an on-site visit was made to the Respondent licensed address by Licensing Specialist Vickie Hess. As a result of this visit the following violations of Florida Statutes and the Florida Administrative Code were discovered: I. F.S. 409.175(4) (b) A person or agency, other than a parent or legal guardian of the child or an intermediary as defined in s. 63.032, shall not place or arrange for the placement of a child in a family foster home, residential child-caring agency, or adoptive DISTRICT TEN 201 West Broward Boulevard, Fort Lauderdale, Florida 33301 Mission: Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery and Resiliency home unless such person or agency has first procured a license from the department to do so. IL. THE. VI. -and- F.S. 409.175(6)(h) Upon determination that the applicant meets the state minimum licensing requirements, the department shall issue a license without charge to a specific person or agency at a specific location... The license is nontransferable. The agency has terminated operations at its licensed location; the license is invalid. F.S. 409.175(12)(a) It is unlawful for any person or agency to: 1, Provide continuing full-time care for or to receive or place a child apart from her or his parents in a residential group care facility, family foster home, or adoptive home without a valid license issued by the department if such license is required by subsection (5); The agency no longer has a valid license. F.A.C, 65C-15.002 (1)All persons and agencies, except for intermediaries as defined in Chapter 63.032, F.S., who engage in the placement or adoption of children, as defined in subsection 65C-15.001(2), F.A.C., must be licensed by the department. The agency is in violation of Florida Statute. F.A.C. 65C-15.003 (5) The license shall be issued for a child-placing agency at a specific address and for operation by specific individuals or agencies. It shall automatically become invalid if the facility is operated at another address or under different ownership. The license shall be valid for one year from the date of issuance unless suspended, revoked, or voluntarily returned. The license shall be the property of the department and shall be returned to the department if revoked. The agency is in violation of Florida Administrative Code. B.A.C. 65C-15.004 (1)Licensing staff of the department may make scheduled or unannounced visits to a licensed home, facility or agency at any reasonable time to investigate and evaluate compliance with the licensing requirements (2) The department shall investigate complaints to determine if the agency is meeting the licensure requirements. (3) The department shall advise the owner and operator with authority over the licensed agency that there is a licensing complaint when initiating an investigation and shall advise the agency of the results of the investigation when concluded. (4) Whenever the department receives a report questioning the certification status or compliance of a child-placing agency with requirements of the state adoption law or alleging violations of this chapter by the agency, the department shall investigate the allegation within 20 working days to determine whether the complaint is substantiated. The Department has been unable to investigate the complaint as the licensed office is no longer available. VIE. 65C-15.014 (1)The agency shall maintain furnishings and equipment in good working condition for the operation of the office. The licensed location is not in operating condition. VII. 65C-15.035 If a child-placing agency ceases operation, for any reason, it shall notify the department in writing at least 30 days prior to closing and shall provide the following information to the department: (1) Legal transfer of surrender and releases of any children in its custody to another licensed child-placing agency or to the department; (2) Appropriate transfer of responsibility for children in temporary placement to another licensed child-placing agency or to the department. Deposit all open and closed records to the department or another licensed child-placing agency. (3)Appropriate transfer or termination of services to all other clients. The agency did not notify the Department of the cessation of operation, and has not provided the required information to the Department. Notice of Right to be Heard This decision constitutes final agency action unless a person who is substantially affected by it submits a written request for a hearing that is received within twenty-one days from the date on which he or she receives this notice. This request for hearing must also meet the requirements of section 120.562, Florida Statutes, and either Rule 28-106.201 or Rule 28-106.301, Florida Administrative Code, or else it will be dismissed as required by section 120.569(2)(c), Florida Statutes. That law and those rules require the written request for hearing to include the following information: i) 8. 9. The name and address of each agency affected and each agency's file or identification number if known; The name, address and telephone number of the person who is asking for the hearing (the petitioner); The name and, address and telephone number of the petitioner's representative, if any; An explanation of how the petitioner's substantial interests are or will be affected by the agency decision; A statement of when and how the petitioner received notice of the agency decision A statement either that the petitioner does not dispute the facts upon which the district relied in making its decision OR a statement that the petitioner does dispute those facts along with a list of the facts in dispute; If facts are in dispute, a statement of the facts as the petitioner perceives them to be; A statement of the specific rules or statutes that the petitioner believes require the agency to reverse or modify its decision; and A statement saying what action the petitioner wants the agency to take in the matter. Failure to request a hearing in writing and within the timeframes required in this notice or failure to provide the information required by the law and rules governing requests for Chapter 120 Hearings constitutes a complete waiver of any right that a substantially affected person may have to challenge this decision, and will result in the entry of a Final Order affirming this Administrative Complaint. A request for hearing will be dismissed unless it is received on time, in writing, and with the required information. Send the request for hearing to the following person at the following address, Attach a copy of this notice to the request for hearing: Gregory Venz, Agency Clerk Department of Children and Families 1317 Winewood Blvd. Bldg 2 Room 240X Tallahassee, Florida 32399-0700 District“Administrator

Docket for Case No: 06-001135