STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ROBIN CARTER MILLAN, )

)

Petitioner, )

)

vs. ) Case No. 98-5602

)

DEPARTMENT OF CHILDREN AND )

FAMILY SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

On April 14, 1999, a formal administrative hearing was held in this case in Largo, Florida, before J. Lawrence Johnston, Administrative Law Judge, Division of Administrative Hearings.

APPEARANCES

For Petitioner: Robin Carter Millan, pro se

c/o Robert and Ann Millan 3963 Eagle Cove West Drive Palm Harbor, Florida 34685

For Respondent: Amy V. Archibald, Esquire

Department of Children and Family Services

11351 Ulmerton Road, Suite 100

Largo, Florida 33778-1630 STATEMENT OF THE ISSUES

The issue in this case is whether the Petitioner, Robin Carter Millan, is eligible for the Developmental Services Program of the Department of Children and Family Services (DCFS).

PRELIMINARY STATEMENT

By letter dated March 6, 1998, DCFS notified the Petitioner's mother that DCFS had determined that the Petitioner was ineligible for DCFS's Developmental Services Program under the category of mental retardation because the Petitioner's IQ test scores exceeded the maximum for mental retardation. The letter invited the Petitioner to request a formal administrative hearing if she were to "disagree with the finding that Robin is not eligible for Developmental Services."

It is not clear from the record when the Petitioner received the denial letter, but the Petitioner requested a formal administrative hearing by letter dated October 9, 1998. DCFS referred the matter to the Division of Administrative Hearings (DOAH) on December 22, 1998, and final hearing was scheduled for April 14, 1998, in Largo, Florida.

At final hearing, the Petitioner's mother testified and had Petitioner's Exhibits 1 through 7 admitted in evidence. DCFS called one witness, Jane Schiereck, a psychologist specialist- coordinator, and had Respondent's Exhibit 1 admitted in evidence. Based on Schiereck's testimony, the parties were to notify the Administrative Law Judge (ALJ) within 30 days if no recommended order would be necessary. Neither party gave such notice; and neither party filed a proposed recommended order.

FINDINGS OF FACT

1. The Petitioner, Robin Carter Millan, requested developmental services from the Department of Children and Family Services (DCFS) in September 1997, when she was 26 years old.

   The Petitioner's mother, Ann Millan, met with an intake counselor and completed a Referral/Intake Information Questionnaire.

   Consistent with a long-standing preference not to label her child as autistic, Mrs. Millan listed her daughter's primary disability as mental retardation.

2. After the Petitioner submitted additional information, DCFS psychologist specialist-coordinator Jane Schiereck sent the Petitioner a letter dated March 6, 1998, notifying the Petitioner that DCFS had determined her ineligible for developmental services because the information submitted included IQ test scores exceeding the maximum for mental retardation.

3. At the hearing, the Petitioner's mother presented evidence that the Petitioner actually has autism--a pervasive, neurologically-based developmental disability which causes severe learning, communication, and behavior disorders with age of onset during childhood. Schiereck testified that the evidence proved the Petitioner is eligible for developmental services under the category of autism.

4. According to Schiereck, the Petitioner did not apply for services under the category of autism and that the Petitioner had to reapply under autism. The Petitioner agreed to do so.

   However, Schiereck also testified that the intake procedures and eligibility determination preceded the filing of an application.

   CONCLUSIONS OF LAW

   
   

5. Section 393.065, Florida Statutes (1997), sets out the procedure for application and eligibility determinations for developmental services available through DCFS. In this case, DCFS apparently made an eligibility determination before the Petitioner actually applied for services.

6. Persons with a developmental disability are entitled to developmental services available through DCFS. Section 393.062, Florida Statutes (1997). "Autism" is a "developmental disability," and "autism" is defined as "a pervasive, neurologically based developmental disability of extended duration which causes severe learning, communication, and behavior disorders with age of onset during infancy or childhood." Section 393.063(2) and (11), Florida Statutes (1997).

7. The Petitioner is entitled to developmental services available through DCFS.

RECOMMENDATION

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

RECOMMENDED that DCFS enter a final order determining the Petitioner eligible for developmental services.

DONE AND ENTERED this 14th day of May, 1999, in Tallahassee, Leon County, Florida.

J. LAWRENCE JOHNSTON 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 May, 1999.

COPIES FURNISHED:

Amy V. Archibald, Esquire Department of Children

and Family Services

11351 Ulmerton Road, Suite 100

Largo, Florida 33778-1630

Robin Carter Millan

c/o Robert and Ann Millan 3963 Eagle Cove West Drive Palm Harbor, Florida 34685

John S. Slye, General Counsel Department of Children and

Family Services Building 2, Room 204

1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

Gregory D. Venz, Agency Clerk Department of Children and

Family Services Building 2, Room 204

1317 Winewood Boulevard

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: 98-005602

Orders for Case No: 98-005602