STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEANNA JONES,

Petitioner,

vs.

DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Respondent.

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) Case No. 01-4880

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RECOMMENDED ORDER

Administrative Law Judge (ALJ) Daniel Manry conducted the administrative hearing of this case on March 7, 2002, in Lakeland, Florida, on behalf of the Division of Administrative Hearings (DOAH).

APPEARANCES

For Petitioner: Deanna Jones, pro se

Travis and Sandy Jones, her parents 4505 Dewsbury Court

Lakeland, Florida 33801

For Respondent: Jack Emory Farley, Esquire

Department of Children and Family Services

4720 Old Highway 37

Lakeland, Florida 33813 STATEMENT OF THE ISSUE

The issue in this proceeding is whether Petitioner satisfies the statutory definition of mental retardation in Section 393.063(42), Florida Statutes (2001), and is eligible

for services from the Developmental Disabilities Program (the DDP). (All chapter and section references are to Florida Statutes (2001) unless otherwise stated.)

PRELIMINARY STATEMENT

By letter dated August 1, 2001, Respondent denied Petitioner's request for services from the DDP. Petitioner timely requested an administrative hearing.

At the hearing, Petitioner testified, called two other witnesses, and submitted one exhibit for admission in evidence. Respondent called two witnesses and submitted five exhibits for admission in evidence. The parties also submitted one joint exhibit for admission in evidence.

The identity of the witnesses and exhibits and the rulings regarding each are set forth in the record of the hearing.

Neither party requested a transcript of the hearing. Petitioner did not file a proposed recommended order ("PRO"). Respondent timely filed its PRO on March 18, 2002.

FINDINGS OF FACT

1. Petitioner was born on September 15, 1977. She submitted an application for services from the DDP sometime prior to August 1, 2001.

2. In a letter dated August 1, 2001, Respondent denied Petitioner's application. Petitioner is not eligible for services from the DDP because she does not meet the statutory

   definition of mental retardation or any other categories of Developmental Disabilities.

3. The other categories of eligibility for services from the DDP are autism, cerebral palsy, spina bifida, and Prader- Willi Syndrome. Petitioner's application for services from DDP is based solely on her claim of mental retardation.

4. A diagnosis of mental retardation, in relevant part, requires Petitioner to demonstrate a performance level that is two or more standard deviations below the mean on a standard intellectual assessment tool. Respondent considers a score of

   70 or below, plus or minus 2 or 3 points, to be two or more standard deviations below the mean on the Stanford Binet intelligence test.

5. Petitioner submitted with her application to Respondent documentation of two psychological tests that were completed before Petitioner reached the age of 18. Neither of those evaluations satisfies both statutory requirements for mental retardation.

6. On April 22, 1993, Petitioner was 15 years old. The high school that Petitioner attended performed a psychological test using the Wechsler Intelligence Scale for Children-III. The test showed that Petitioner had a Full Scale IQ of 84. An earlier test performed in 1990 showed that Petitioner had an IQ of 88. In a third test administered to Petitioner when she was

   18 years and 8 months, Petitioner scored an IQ of 86. These scores are not two standard deviations below the mean, and they make Petitioner ineligible for services from the DDP.

7. On October 9, 2000, Petitioner was 23 years old. At that time, she scored an IQ of 69 on the Wechsler Adult Intelligence Scale-III. The score of 69 was not achieved prior to age 18.

8. Petitioner argues that IQ scores do not change and that the later score of 69 indicates that Petitioner is mildly retarded and entitled to services from the DDP. However, Petitioner was unable to support her arguments with expert testimony or other evidence. The preponderance of evidence shows that Petitioner's IQ score before age 18 was above the minimum level required for services from the DDP.

   CONCLUSIONS OF LAW

   
   

9. DOAH has jurisdiction over the parties and the subject matter of this proceeding. Section 120.57(1). The parties received adequate notice of the administrative hearing.

10. Section 393.063(42), in relevant part, defines retardation as:

    . . . significantly subaverage general intellectual functioning . . . manifested during the period from conception to age 18. "Significantly subaverage general intellectual functioning," for the purpose of this definition, means performance which is two or more standard deviations from the

    mean score on a standardized intelligence test specified in the rules of the department. . . .

    
    

11. The evidence does not show that Petitioner satisfied the statutory requirements of mental retardation before the age of 18. Some of the evidence shows that Petitioner scored two or more standard deviations below the mean after she was 18 years old. However, none of the test scores show that Petitioner achieved the requisite IQ scores before the age of 18.

RECOMMENDATION

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

RECOMMENDED that a final order be issued that Petitioner is not eligible for services from the DDP at this time.

DONE AND ENTERED this 15th day of April, 2002, in Tallahassee, Leon County, Florida.

DANIEL MANRY

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 15th day of April, 2002.

COPIES FURNISHED:

Deanna Jones

Travis and Sandy Jones, her parents 4505 Dewsbury Court

Lakeland, Florida 33801

Jack Emory Farley, Esquire Department of Children and

Family Services 4720 Old Highway 37

Lakeland, Florida 33813

Peggy Sanford, Agency Clerk Department of Children and

Family Services Building 2, Room 204B 1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

Josie Tomayo, General Counsel Department of Children and

Family Services Building 2, Room 204B 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: 01-004880

Orders for Case No: 01-004880