STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF HEALTH AND ) REHABILITATIVE SERVICES, )

)

Petitioner, )

)

vs. ) CASE NO. 94-1769

)

MARGARET SPEER, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, Susan B. Kirkland, held a formal hearing in this case on July 12, 1995, in West Palm Beach, Florida, via video teleconference.

APPEARANCES

For Petitioner: Catherine M. Linton

Assistant District Legal Counsel Department of Health and

Rehabilitative Services

111 South Sapodilla

West Palm Beach, Florida 33401

For Respondent: Margaret Speer, Pro Se

515 North 10th Street

Lake Worth, Florida 33460 STATEMENT OF THE ISSUES

Whether Respondent's foster care license should be renewed by Petitioner.

PRELIMINARY STATEMENT

By letter dated December 22, 1993, Petitioner, Department of Health and Rehabilitative Services (HRS), denied Respondent's, Margaret Speer's (Speer), request for renewal of her foster care license and closed Speer's home for foster care effective December 31, 1993. HRS stated the basis for the closure was excessive moving of her residence. By letter dated December 24, 1993, Speer requested an administrative hearing. The case was forwarded to the Division of Administrative Hearings on April 4, 1994, for assignment to a hearing officer.

The final hearing was scheduled for July 20, 1994. On July 14, 1994, HRS filed a Stipulated Motion for Continuance, which was granted. The final hearing was rescheduled for November 22, 1994. On November 22, 1994, HRS filed a Joint Motion for Stay. The case was placed in abeyance until February 1, 1995, and the parties were required to file a status report by February 1. The parties failed to file a status report and an Order to Show Cause was entered on March

30, 1995. Speer filed a response, stating that she wanted a hearing. The final hearing was scheduled for July 12, 1995.

At the final hearing, HRS called Erna Foushee and Naomi Lynch as witnesses. Petitioner's Exhibits 1-6 were admitted in evidence. Speer testified in her own behalf and offered no exhibits.

No transcript was ordered. The parties agreed to file proposed recommended orders on or before July 24, 1995. HRS filed its proposed recommended order on July 24, 1995. Speer filed a letter on July 31, 1995, which will be considered as her proposed recommended order. The proposed findings of fact are addressed in the Appendix to this Recommended Order.

FINDINGS OF FACT

1. Respondent, Margaret Speer (Speer), received her initial foster care license from Petitioner, Department of Health and Rehabilitative Services (HRS), on March 18, 1991. Speer resided at 1501 Windorah Way, West Palm Beach, Florida 33411, on that date.

   
   

2. On March 18, 1992, HRS renewed Speer's foster care license. At that time Speer was living at 992 Whipporwill Way, West Palm Beach, Florida.

   
   

3. On April 14, 1992, after moving to 12212-3 Sagharbor Court, Wellington, Florida, Speer received a foster home license for the new address.

   
   

4. In October 1992, Speer received a foster home license for her residence at 129 Gregory Road, West Palm Beach, Florida.

   
   

5. In June or July of 1992, Speer moved to 5380 Gene Circle, West Palm Beach, Florida. HRS never issued a foster home license to Speer at this address and the residence was not inspected by the local health department.

   
   

6. In September 1993, Speer moved to 738 Carissa Drive, Royal Palm Beach, Florida 33411.

   
   

7. On October 18, 1993, the Health Department inspected Speer's home at 783 Carissa Drive, Royal Palm Beach, Florida 33411, and found it to be unsatisfactory for use as a foster home for children.

   
   

8. Speer moved to 4852-C Orleans Circle, West Palm Beach, Florida. She received a foster home license for that residence on October 31, 1993.

   
   

9. At the date of the final hearing, Speer was living at 515 North 10th Street, Lake Worth, Florida.

   
   

10. It is important that foster children have stability in their lives, including the location of their residence. Speer's frequent changes of residence could have a detrimental effect on the foster children in her care as noted by an HRS children and families counselor who visited Speer's homes over

    17 times from June 1992 to October 1993.

    
    

    CONCLUSIONS OF LAW

    
    

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

12. HRS is charged with the responsibility of adopting licensing rules for foster homes to assure the healthy physical, emotional and mental development of the children served. Section 409.175, Florida Statutes.

    
    

13. Rule 10M-6.131(3), Florida Administrative Code, addresses HRS's responsibility to consider location in the placement of foster children. The rule provides:

    
    

    The department shall ensure that the child is placed in the least restrictive, most family-like appropriate licensed setting available; that is, relative, foster family

    home, group home, or institutional care. The placement shall be in close proximity to the parent's home and the child's original school to the extent possible. The placement decision will consider the needs of the child, availa-

    bility of necessary services and ease of visiting between child and family.

    
    

14. A foster home license is issued for a specific location and is not transferable. Rule 10M-6.018(4), Florida Administrative Code. If a family changes its location during the licensing year, the new home must be evaluated and a new sanitation inspection must be made by the local county public health unit. Rule 10M-6.019(2), Florida Administrative Code.

    
    

15. Speer moved five times from March 1992 to October 1993. During this time period, Speer moved three times in four months. Her residence at 5380 Gene Circle, West Palm Beach, Florida was never inspected or licensed as a foster home. The home located at 783 Carissa Drive, Royal Palm Beach, Florida failed the health inspection.

    
    

16. The frequent moves of the Speer household does not provide a stable environment for the foster children in the household. With each new move, the child may be faced with a different school and different playmates as well as having to deal with a new physical location. The numerous relocations can have a detrimental effect on the foster children in the home.

    
    

17. The continual relocation is a hinderance to HRS in the placement of children when it considers location. Obviously, if the location of the foster home keeps changing, the location factors to be considered as required by Rule 10M-6.131(3) are of little use in determining placement. Additionally, the numerous moves require the local health department to make a sanitation inspection of each new home. These extra inspections would not be necessary if the foster care provider's residence did not change so frequently.

    
    

18. Based on Speer's frequent moves and the detrimental effect it could have on the foster children in her care, Speer's foster care license should not be renewed.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered denying Margaret Speer's

application for renewal of her foster care license.

DONE AND ENTERED this 9th day of August, 1995, in Tallahassee, Leon County, Florida.

SUSAN B. KIRKLAND

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 9th day of August, 1995.

APPENDIX TO RECOMMENDED ORDER, CASE NO. 94-1769

To comply with the requirements of Section 120.59(2), Florida Statutes (1993), the following rulings are made on the parties' proposed findings of fact:

Petitioner's Proposed Findings of Fact.

1. Paragraphs 1-9: Accepted in substance.

2. Paragraph 10: Rejected as not necessary.

3. Paragraph 11: Accepted in substance.

4. Paragraph 12: Rejected as subordinate to the facts found.

Respondent's Proposed Findings of Fact.

Respondent's letter did not delineate findings of fact and conclusions of

law.

1. Paragraphs 1-2: Rejected as subordinate to the facts found.

2. Paragraph 3: Rejected as constituting argument.

COPIES FURNISHED:

Catherine M. Linton

Assistant District Legal Counsel Department of Health and Rehabilitative Services

111 South Sapodilla

West Palm Beach, Florida 33401

Margaret Speer

515 North 10th Street

Lake Worth, Florida 33460

Robert L. Powell, Agency Clerk Department of Health and

Rehabilitative Services 1323 Winewood Boulevard

Tallahassee, Florida 32399-0700

Kim Tucker General Counsel

Department of Health and Rehabilitative Services

1323 Winewood Boulevard

Tallahassee, Florida 32399-0700

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions to this recommended order. All agencies allow each party at least ten days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should contact the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to 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: 94-001769

Orders for Case No: 94-001769