STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MICHELLE KING, )

)

Petitioner, )

)

vs. ) CASE NO. 95-5628

) DEPARTMENT OF HEALTH AND ) REHABILITATIVE SERVICES, )

)

Respondent. )

)

ORDER RELINQUISHING JURISDICTION

Pursuant to notice, a formal hearing was held in this case on March 5, 1996 in Ocala, Florida, before the Division of Administrative Hearings, by its designated Hearing Officer, Suzanne F. Hood.

APPEARANCES

For Petitioner: Michelle King, Pro Se

Hilltop Manor Apartments, Apartment 100A 7334 North East Jacksonville Road

Ocala, Florida 34479

For Respondent: Ralph J. McMurphy, Esquire

Department of Health and Rehabilitative Services

1601 West Gulf-Atlantic Highway Wildwood, Florida 34785

STATEMENT OF ISSUE

The issue at hearing was whether Respondent Department of Health and Rehabilitative Services correctly denied Petitioner Michelle King's application for emergency assistance to needy families with dependent children under Title IV-A of the Social Security Act.

PRELIMINARY STATEMENT

On or about July 31, 1995, Petitioner Michelle King (Petitioner) applied for emergency assistance through Title IV-A of the Social Security Act.

Respondent Department of Health and Rehabilitative Services (Respondent) informally denied Petitioner's application by letter dated September 1, 1995. Respondent issued a formal Notice of Disposition denying Petitioner's application on September 8, 1995.

Petitioner requested a hearing in a letter dated October 16, 1995. On November 17, 1995, Respondent referred Petitioner's request for a formal hearing to the Division of Administrative Hearings. On January 8, 1996, the undersigned issued a Notice of Hearing setting this matter for hearing on March 5, 1996.

At the hearing, Petitioner testified on her own behalf but offered no exhibits for admission into evidence. Respondent presented the testimony of one witness and offered three exhibits which were accepted into evidence without objection.

Neither party filed a transcript of the proceedings. Respondent filed proposed findings of fact and conclusions of law on March 15, 1996. Petitioner did not file a proposed recommended order.

FINDINGS OF FACT

1. Petitioner is the single mother of a son, three and one-half years old.

   
   

2. At all times material to this proceeding, Petitioner was a full-time employee of a state agency. Her income was approximately $1,150 per month. She received no child support for her son. Her rent at Azalea Gardens Apartments was $385 per month.

   
   

3. Petitioner's child attended day care at the Child Development Center of Central Florida Community College (CFCC Lab School). The child's father paid the cost of day care in the amount of $245 per month.

   
   

4. In June of 1995, the child's father suffered an injury and was unable to work. He no longer paid the day care bill. At the same time, Petitioner had to pay some medical bills for her son. As a result, Petitioner was behind on her day care payments.

   
   

5. On July 7, 1995, Petitioner's landlord notified her that she had until July 12, 1995 to pay her rent and late fees. At that time, Petitioner owed rent in the amount of $385 together with a $22 late fee and two dollars per day until the rent was paid in full.

   
   

6. On July 25, 1995, Petitioner's landlord notified her that she had until noon the next day to pay $443 in rent and late fees to avoid eviction proceedings.

   
   

7. In the meantime, Petitioner contacted Respondent seeking assistance to pay her delinquent rent, utilities and day care costs. Respondent's caseworker initially referred Petitioner to the Salvation Army and other local charities. However, there were no community resources available to meet Petitioner's past due bills.

   
   

8. On the advice of Respondent's caseworker, Petitioner applied for cheaper housing at Hilltop Manor Apartments and for a cheaper day care program. Petitioner was placed on waiting lists for federally subsidized housing and child care programs.

   
   

9. On July 31, 1995, Petitioner applied for emergency assistance for needy families with children under Title IV-A of the Social Security Act. The application requested retroactive payment of one month's rent in the amount of

   $455 and prospective payment of day care cost for two months in the amount of

   $945.

10. While Petitioner's application was pending, she was able to pay her landlord enough money to forestall eviction. However her total debt increased. The application was amended to include a request for three months day care cost and additional late fees for failure to pay rent in a timely manner.

    
    

11. Petitioner's lease at Azalea Garden Apartments expired at the end of August, 1995. About that time, Petitioner learned that she would be able to move into Hilltop Manor Apartments at a significantly lower rental. She informed Respondent's caseworker about her success in securing more affordable housing. Petitioner anticipated moving into her new apartment on September 1, 1995. She withdrew her child from day care and sent him to visit with his father while she made the move.

    
    

12. By letter dated September 1, 1995, Respondent's caseworker informed Petitioner that her application for funding had been denied because she was no longer living at Azalea Gardens Apartments and her son no longer attended day care at the CFCC Lab School. This letter did not advise Petitioner that she was entitled to a hearing if she believed Respondent improperly denied her application.

    
    

13. Petitioner was able to move into her new home on or about September 4, 1995. She enrolled her child in a day care program near her residence. Petitioner forfeited her security deposit at Azalea Gardens Apartments when she moved out. She continues to owe an undetermined amount of money to Azalea Gardens Apartments and the CFCC Lab School.

    
    

14. Respondent sent Petitioner a Notice of Disposition dated September 8, 1995, as a formal determination that she was not eligible for emergency assistance. This notice explains that Petitioner was not approved because she was able to make other arrangements for housing and day care. The notice also advised Petitioner of her right to a hearing.

    
    

    CONCLUSIONS OF LAW

    
    

15. The Division of Administrative Hearings lacks jurisdiction over the parties and subject matter of this matter pursuant to Section 120.57(1)(a)4, Florida Statutes, which states as follows in pertinent part:

    
    

    1. FORMAL PROCEEDINGS.--

       (a) A hearing officer assigned by the division shall conduct all hearings under this section, except for:

       . . .

       4. Hearings conducted within the Department of Health and Rehabilitative Services in the execution of those social and economic programs administered by the former Division of Family Services of said department prior to the reorg-

       anization effected by chapter 75-48, Laws of Florida.

       
       

16. It appears that Petitioner is entitled to a confidential due process hearing conducted by Respondent's hearing officer as required by Title IV-A of the Social Security Act.

    
    

17. Respondent's HRSM Manual No. 175-30 entitled Title IV-A/Emergency Assistance to Needy Families with Children, (February 6, 1995), sets forth the appropriate hearing process.

18. The Findings of Facts referenced above are gratuitously included and not meant to binding on a subsequent hearing officer. This Order specifically does not address whether Respondent followed correct procedure in processing Petitioner's application and in issuing a timely Notice of Disposition.

    
    

19. This Order is entered sui sponte. The Division of Administrative Hearings cannot enlarge the jurisdiction conferred upon it by the legislature; likewise, the parties cannot confer jurisdiction upon the Division by agreement or consent. Swebilius v. Fla. Const. Indus. Lic. Bd., 365 So. 2d 1069, 1070 (Fla. 1st DCA 1979).

ORDER

Based upon the conclusions of law, it is, ORDERED:

That the file of the Division of Administrative Hearings in this case is closed and jurisdiction of this matter is relinquished to Respondent for further proceedings in accordance with the requirements of Title IV-A of the Social Security Act.

DONE and ENTERED this 11th day of April, 1996, in Tallahassee, Leon County, Florida.

SUZANNE F. HOOD, Hearing Officer 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 11th day of April, 1996.

COPIES FURNISHED:

Ralph J. McMurphy, Esquire Department of Health and

Rehabilitative Services

1601 West Gulf Atlantic Highway Wildwood, FL 34785

Michelle King

Hilltop Manor Apartments Apartment 100A

7334 NE Jacksonville Road Ocala, FL 34479

Gregory D. Venz, Agency Clerk Department of Health and

Rehabilitative Services Building 7, Suite 728

1323 Winewood Boulevard

Tallahassee, FL 32399-0700

Richard Doran, General Counsel Department of Health and

Rehabilitative Services 1323 Winewood Boulevard

Tallahassee, FL 32399-0700

Docket for Case No: 95-005628

Orders for Case No: 95-005628