STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CHARLES GOLDEN AND CAROL GOLDEN,

Petitioners,

vs.

DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Respondent.

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) Case No. 01-4052

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RECOMMENDED ORDER

Following notice to all parties, Don W. Davis, Administrative Law Judge for the Division of Administrative Hearings, held a final hearing in the above-styled case on Thursday, December 13, 2001, in Jacksonville, Florida.

APPEARANCES

For Petitioner: Carol and Charles Golden, pro se 7939 Denham Road

Jacksonville, Florida 32208

For Respondent: Robin Whipple-Hunter

Department of Children and Family Service

Post Office Box 2417 Jacksonville, Florida 32211

STATEMENT OF THE ISSUE

The issue to be resolved in this proceeding concerns whether Petitioners committed violations of Florida Statutes and

Florida Administrative Code sufficient to justify revocation of Petitioners’ license to operate a foster care facility.

PRELIMINARY STATEMENT

Carol and Charles Golden (Petitioners) operated a licensed private agency family foster home pursuant to license issued them by the Department of Children and Family Services (Respondent).

Respondent gave notice to Petitioners on June 25, 2001, that the license to operate the facility and provide substitute care was revoked, effective June 12, 2001, for failure to seek medical attention for a foster child placed in their home; and further, failing to provide adequate supervision of foster children placed in their home.

Petitioners timely sought an administrative proceeding to contest the revocation pursuant to Section 120.57, Florida Statutes. In due course, the dispute was transferred to the Division of Administrative Hearings for conduct of formal proceedings.

At the final hearing, Petitioners presented testimony of eight witnesses and one exhibit. Respondent presented testimony of four witnesses and seven exhibits. Exhibit Nos. 3 and 5 are composite exhibits of photographs comprising of nine and three photographs, respectively. Official recognition was taken of

Chapter 409, Florida Statutes, and Chapter 65C-13, Florida Administrative Code.

No transcript was provided. Both parties submitted Proposed Recommended Orders that have been reviewed and utilized in the preparation of this Recommended Order.

FINDINGS OF FACT

1. Petitioners’ foster home is a private agency foster home licensed by Respondent to provide substitute care for children in foster care.

2. On or about August 24, 2000, a report was made to the Florida Abuse Registry indicating that a child, A.C., who suffers from Downs Syndrome and who resided in Petitioners’ care at the time, had suffered a burn mark that was three to four inches long. The burn reportedly appeared to be from an iron.

3. Pursuant to this report, Respondent’s Child Protective Investigator commenced an investigation of the matter on

   August 24, 2000. During the course of the August 24, 2000, investigation, Respondent’s investigator observed the burn on A.C.’s arm. Testimony of the investigator establishes the presence of such a burn on A.C.’s arm at the time. That testimony is corroborated by photographs in Respondent’s Composite Exhibit No. 3 and fairly and accurately depicts A.C.’s burned arm as it appeared on August 24, 2001.

4. Petitioner Carol Golden, when asked about the situation, stated that she was unaware of the burn on A.C.’s right arm until the matter was brought to her attention by the investigation which commenced on August 24, 2000, following the discovery of the child's injury by school personnel.

5. Interviews with other children in the home revealed that another child was ironing clothes on the evening of August 23, 2000, and left the iron unattended momentarily, during which time A.C. burned his arm on the iron.

6. Respondent’s investigator referred A.C. to the Child Protection Team for an examination of his injury. Subsequently,

   A.C. was removed from Petitioners’ foster home after the findings of the Child Protection Team revealed that the child’s injury was indicative of inadequate supervision. Respondent’s investigator concluded her investigation and closed the case, Abuse Report 2000-133049, with verified findings for lack of supervision and failure to seek medical attention for A.C.

7. Subsequently, Petitioners’ foster care license was revoked because of the verified findings of neglect and inadequate supervision found in Abuse Report 2000-133049.

8. Medical examination of A.C.’s injury, as it appeared on August 24, 2000, reveals that the injury was on the child’s right arm; was five by eight centimeters in size; and was a charred burn in the shape of an iron with the circles for the

   steam holes clearly visible. The burn was in such a place, and of such a size, that any caretaker responsible for the bathing and clothing of A.C. should have seen the injury.

9. Attempts by Respondent’s employees to conduct an assessment of A.C. were not successful. He was friendly and interacted well; however, he only pointed to his injury and could not communicate how it happened.

   CONCLUSIONS OF LAW

   
   

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

11. Petitioners are contesting the revocation of their foster care license by the Department of Children and Family Services.

12. Respondent alleges that Petitioners’ foster home license should be subjected to revocation for violations of Chapter 409, Florida Statutes, and Section 65C-13, Florida Administrative Code.

13. Section 409.175, Florida Statutes, states in part:

(8)(a) The department may deny, suspend, or revoke a license.

(b) Any of the following actions by a home or agency or its personnel is a ground for denial, suspension, or revocation of a license:

1. An intentional or negligent act materially affecting the health or safety of children in the home or agency.

objects, materials, and conditions which constitute a danger to children.

1. Absent adequate supervision, the safety and well being of children entrusted to foster care cannot be ensured. This is particularly important for children, such as A.C., who possess a developmental disability. In such situations, caretakers must be especially diligent to ensure a safe physical environment and provide supervision accordingly.

2. The child A.C. received a burn from a household iron, which resulted in a large, obvious charred injury. The burn was in the shape of an iron, complete with the circles for the steam holes. The foster mother denies having known that the child was injured until the next day after the commencement of Respondent's investigation and the return of the child from school. The failure of the foster mother, if she is to be believed, constitutes neglect that materially affects the health of a child.

3. Petitioners failed to provide adequate supervision of the foster child A.C., while in their care, which materially

affected the health of the child and justifies Respondent’s revocation of Petitioners’ foster care license as reasonable and

warranted.

RECOMMENDATION

Having considered the foregoing findings of fact, conclusions of law, the evidence of record, and the testimony of the witnesses, it is, therefore,

RECOMMENDED:

That a Final Order be entered confirming the revocation of Petitioner’s foster license.

DONE AND ENTERED this 9th day of January, 2002, in Tallahassee, Leon County, Florida.

DON W. DAVIS

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 9th day of January, 2002.

COPIES FURNISHED:

Charles Golden Carol Golden 7939 Denham Road

Jacksonville, Florida 32208

Robin Whipple-Hunter, Esquire Department of Children and

Family Services Post Office Box 2417

Jacksonville, Florida 32211

Peggy Sanford, Agency Clerk Department of Children and

Family Services

1317 Winewood Boulevard Building 2, Room 204B Tallahassee, Florida 32399-0700

Josie Tomayo, General Counsel Department of Children and

Family Services

1317 Winewood Boulevard

Building 2, Room 204

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: 01-004052

Orders for Case No: 01-004052