STATE OF FLORIDA

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, (DISTRICT 2)

Petitioner, CASE NO. 99-2635

RENDITION NO. DCF-00-211-FO

v.

MARIE SMITH,

Respondent.

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FINAL ORDER SUSPENDING FAMILY FOSTER CARE LICENSURE

THIS CAUSE is before me as the result of a Recommended Order that was issued by an Administrative Law Judge who had been assigned to hear the case by the Division of Administrative Hearings. The Administrative Law Judge's order recommends that the Department suspend the foster care license of Marie Smith for ninety (GO) days, during which time Ms. Smith should undertake an approved course of instruction concerning the proper administration and record-keeping for the administration of prescription drugs for children in her care. The district filed exceptions.

In this case, the district sought revocation of Ms. Smith's license based on the contention that she either willfully or negligently administered asthma medication and thereby materially affected the health or safety of a child in her foster care home. The Administrative Law Judge agreed that it was ". . . improbable that (Ms. Smith) obtained sufficient medication to provide the child . . . with the required doses per day for the number of days involved." He did not agree, however, that revocation was warranted in the instant case, where the child appeared to be otherwise well cared for and where the child's health actually improved in Ms. Smith's care.

I accept one of the district's exceptions and hereby find that there is no competent substantial evidence to support the following sentence fragment in paragraph 12:

. . . rather, it may simply have been a confusion on her part concerning whether she

was to give, for instance, one puff or two puffs per day.

In all other respects, however, I adopt the Recommended Order, including the recommended disposition.

The Recommended Order is attached to and incorporated herein by reference. Except as herein noted, l adopt its findings of fact and conclusions of law.

It is hereby ORDERED that the license is suspended as recommended in Case No. 99-2635.

DONE and ORDERED on this 28th day of June, 2000, in Tallahassee, Leon County, Florida.

KATHLEEN A. KEARNEY, Secretary

Department of Children and Family Services

ENDNOTE

1/ The date of the Rendition of this Final Order is the date that is stamped on its first page. The Notices of Appeal must be received on or before the thirtieth day after that date.

Copies of this Final Order are being furnished to:

P. Michael Ruff Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, FL 32399-3060

Richard D. Ogburn, Esquire

P.O. Box 923

Panama City, FL 32402

John R. Perry, Esquire District 2 Legal Counsel Department of Children and Family Services

2639 N. Monroe Street Tallahassee, FL 32399-2949

NOTICE OF RIGHT TO APPEAL

A party who is adversely affected by this final order is entitled to judicial review. To initiate judicial review, Me party seeking it must file one copy of a Notice of Appeal" with the Agency Clerk. The party seeking judicial review must also file another copy of the Notice of Appeal," accompanied by the filing fee required by law, with the First District Court of Appeal in Tallahassee, Florida, or with the District Court of Appeal in the district where the party resides. The Notices must be filed within thirty (30) days of the rendition of this final order.1

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and copy of the foregoing FINAL ORDER has been sent by U.S. Mail or hand delivery to each of the persons named above on this 29 day of June 2000.

Virginia Daire, Agency Clerk

Department of Children and Family Services 1317 Winewood Blvd. Bldg. 2, Room 204X Tallahassee, FL 32399-0700

Docket for Case No: 99-002635

Orders for Case No: 99-002635