EE Children'& Fomilige @ State of Florida Governor Department of Children and Families David E. Wilkins Secretary Perry Borman STATE OF FLORIDA Regional Director DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF Certified Mail # Adoption by Shepherd Care 5935 Taft Street License Expires 10/24/11 Hollywood, Fl. 33021 Satellite Offices: File# P005 3405 Forest Hill Boulevard Suite 104 West Palm Beach, Florida 33406 «~ Joe Sica, Executive Director ie Hand Delivered on: March f@, 2011 @ ADMINISTRATIVE COMPLAINT The State of Florida, Department of Children and Families, (hereinafter “Department”) hereby issues Administrative Complaint against Adoption By Shepherd Care, Inc. a.k.a. Shepherd Care Ministries, Inc. (hereinafter “ASC or “the agency”) to operate as a child-placing agency. As grounds for the complaint, the Department states as follows: 1. The Respondent, Adoption By Shepherd Care, Inc, is a Florida non profit corporation. Joseph Sica {hereinafter “Sica”) is the Director and registered agent for ASC. ASC’s address of record is 5935 Taft Street, Hollywood, Florida 33021. The registered agent’s address of record is also 5935 Taft Street, Hollywood, Florida 33021. 2. The Respondent is licensed as a child-placing agency pursuant to section 409.175, Florida Statutes, and Rule 65C-15, Florida Administrative Code (“F.A.C.”) and Chapter 63.202, Florida Statutes,--——-------— ———. ae - a COUNTI On November 9, 2010 a complaint was received via telephone, alleging unethical practices by Adoption by Shepherd Care in the case of Isabel Rosita Mendez Alvarez, hereafter referred to as Alvarez, and her newborn twin sons. Southeast Region and Circuit 17 1400 West Commercial Boulevard, Second Floor, Fort Lauderdale, Florida 33309 @ Mission: Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, a Advance Personal and Family Recovery and Resiliency or i a i‘ _ _ " ™ a ™ jiliiiihiiii ii According to the complaint received, several adoption agency staff members harassed Alvarez to the point of her signing adoption consents and related documents under duress. On November 10, 2010, pursuant to Rule 65C-15.004, F.A.C., an on-site inspection/visit was made to ASC by Department Licensing Specialist Vickie Hess. As a result of this visit, documentation gathering and review, as well as subsequent interviews, the following information lends credence to violations of Florida Statute and the Florida Administrative Code: I, F.S.63.022 (f) (f) All expenditures by adoption entities or adoptive parents relative to the adoption of a minor are reported to the court and become a permanent record in the file of the adoption proceedings, including, but not limited to, all legal fees and costs, all payments to or on behalf of a birth parent, and all payments to or on behalf of the minor. e The agency withheld monies promised to the birth mother. The agency further threatened the birthmother, and it is alleged the birthmother was advised she would not receive those monies unless the recanted her complaint. A Notice of Objection and Motion for Protective Order was filed by the birthmother. U. F.S.63.022( k) provides that the birth parent, the prospective adoptive parent, and the minor receive, at a minimum, the safeguards, guidance, counseling, and supervision required in this chapter. e The agency failed to provide the birth mother with adequate counseling. Post adoption counseling was arranged by the Department, (as the birthmother was intimidated and afraid to return to the agency for said counseling). UL. F.S. 63.039(1) provides that an adoption entity placing a minor for adoption has an affirmative duty to follow the requirements of this chapter and specifically the following provisions, which protect and promote the well-being of persons being adopted and their parents and prospective adoptive parents by promoting certainty, finality, and permanency for such persons. The agency failed to protect the well being of the children being adopted, their parents and prospective adoptive parents in that they failed to: (b) Provide written disclosure to the parent at the time and in the manner required under s, 63.085. o-eesn te nonnnnnn- “Phe birthmother-has neither the-education-nor-language-fluency to-—---—~ understand the documents presented to her; however the agency did not offer her a translator. Nor provided her an appropriate referral for legal counsel. e The birth mother was not afforded the opportunity obtain an attorney. e The birthmother was coerced into utilizing one of the staff members as a witness, Prospective birthfather #1 was not provided an opportunity to seek legal counsel, to select witnesses of his own choice, or review the documents in detail prior to signing. Prospective birthfather #2 was not allotted an opportunity review the disclosure documents, because he was not notified, despite the agency having knowledge of how to contact him. (c) When a written consent for adoption is obtained, obtain the consent at the time and in the manner required under s. 63.082. The birth mother was not afforded the opportunity obtain an attorney. The birthmother was coerced into utilizing one of the staff members as a witness, The birthmother has neither the education nor language fluency to understand the documents; however the agency did not offer her a translator. Prospective Birthfather #1 was not provide an opportunity to seek legal counsel, to select witnesses of his own choice, or review the documents in detail prior to signing. Prospective birthfather #1 was not allotted an opportunity to obtain a paternity test, despite voicing his concerns and objections to signing consents, Prospective birthfather #2 was not allotted an opportunity to review the disclosure documents, because he was not notified at all. (g) When the identity of a person whose consent to adoption is necessary under this chapter is known but the location of such a person is unknown, conduct the diligent search and file the affidavit required under s, 63.088(5). No diligent search was conducted as required by statute, despite having valid information on prospective birthfather #2. IV. F.8.63.039(2) Ifa court finds that a consent to adoption or an affidavit of nonpaternity taken under this chapter was obtained by fraud or duress attributable to the adoption entity, the court may award all sums paid by the prospective adoptive parents or on their behalf in anticipation of or in connection with the adoption. The court may also award reasonable attorney's fees and costs incurred by the prospective adoptive parents in connection with the adoption and any ‘Titigation rélatéd to placémient or adoption of a minor. The court may award reasonable attorney's ~~ fees and costs, if any, incurred by the person whose consent or affidavit was obtained by fraud or duress. e The birthmother was guided to an attorney after the fact. The attorney representing her did so out of concern for the agencies willful disregard for the integrity of the adoption process, That attorney should be reimbursed in full for her services, V. F.S. 63.062(3) Pursuant to chapter 48, an adoption entity shall serve a notice of intended adoption plan upon any known and locatable unmarried biological father who is identified to the adoption entity by the mother by the date she signs her consent for adoption or who is identified by a diligent search of the Florida Putative Father Registry, or upon an entity whose consent is required. e No diligent search was conducted as required by statute, despite having valid information on prospective birthfather #2, thus he was not made aware of the intended adoption as required by law. VI. F.S, 63.062(3)(a)The notice of intended adoption plan must specifically state that if the unmarried biological father desires to contest the adoption plan he must, within 30 days after service, file with the court a verified response that contains a pledge of commitment to the child in substantial compliance with subparagraph (2)(b)2. and a claim of paternity form with the Office of Vital Statistics, and must provide the adoption entity with a copy of the verified response filed with the court and the claim of paternity form filed with the Office of Vital Statistics. The notice must also include instructions for submitting a claim of paternity form to the Office of Vital Statistics and the address to which the claim must be sent, If the party served with the notice of intended adoption plan is an entity whose consent is required, the notice must specifically state that the entity must file, within 30 days after service, a verified response setting forth a legal basis for contesting the intended adoption plan, specifically addressing the best interest of the child. e Prospective birthfather #1 was not adequately notified of his statutory rights and protections . e Prospective birthfather #2 was not notified at all, and was deprived of any and all statutes required by law. VIL F.S. 63.062 (3) (b) If the mother identifies a potential unmarried biological father whose location is unknown, the adoption entity shall conduct a diligent search pursuant to s. 63.088. e The birthmother did identify and provide a phone number for birthfather #2; however the agency failed to conduct a diligent search, or take any steps to notify him as required by statute. VII. F.S.63.062 (4) Any person whose consent is required under paragraph (1)(b), or any other man, may-execute an irrevocable-affidavit of nonpaternity-in lieu ofa consent under-this-section-- - and by doing so waives notice to all court proceedings after the date of execution. An affidavit of nonpaternity must be executed as provided in s. 63.082. The affidavit of nonpaternity may be executed prior to the birth of the child. The person executing the affidavit must receive disclosure under s. 63.085 prior to signing the affidavit. e Prospective birthfather #1 did not receive a disclosure. e Prospective birthfather #2 was not notified. IX, F.S. 63.062(5) A person who signs a consent to adoption or an affidavit of nonpaternity must be given reasonable notice of his or her right to select a person who does not have an employment, professional, or personal relationship with the adoption entity or the prospective adoptive parents to be present when the consent to adoption or affidavit of nonpaternity is executed and to sign the consent or affidavit as a witness, © Prospective Birthfather #1 was not given reasonable notice of his rights, thereby denying him an opportunity to seek legal counsel, to select witnesses of his own choice, or review the documents in detail prior to signing. © No reasonable notice was provided; the prospective birthfather drove from Tampa, following repeated threats from the agency. X. F.S. 63.062(6) the petitioner must make good faith and diligent efforts as provided under s, 63.088 to notify, and obtain written consent from, the persons required to consent to adoption under this section. e The agency did not make a good faith and diligent efforts, as evidenced by their omissions in the process. XL F.S.63.082 (3)(b) A good faith and diligent effort must be made to have each parent whose identity is known and whose consent is required interviewed by a representative of the adoption entity before the consent is executed. A summary of each interview, or a statement that the parent is unidentified, unlocated, or unwilling or unavailable to be interviewed, must be filed with the petition to terminate parental rights pending adoption. e Asummary of the interview with prospective birthfather #1 was not completed. e An affidavit was wrongly filed by the agency indicating that it was unable to obtain a pre consent interview with prospective birthfather #1 because he couldn’t be located. Prospective birthfather #1 was obviously locatable, as he signed documents. * Prospective birthfather #2 was not afforded an opportunity to participate, despite his whereabouts being disclosed by the birthmother. XII. F.$.63.082(3)(c) If any person who is required to consent is unavailable because the person cannot be located, the petition to terminate parental rights pending adoption must be accompanied by the affidavit of diligent search required under s, 63,088. = -~@~"The agency improperly filed an affidavit of diligent’search, because one was not” ~ conducted. e An affidavit was wrongly filed by the agency indicating that it was unable to obtain a pre consent interview with prospective birthfather #2 because he couldn’t be located. Prospective birthfather #2 was obviously locatable. XII. F.S. 63.082 (4) (d) The consent to adoption or the affidavit of nonpaternity must be signed in the presence of two witnesses and be acknowledged before a notary public who is not signing as one of the witnesses. The notary public must legibly note on the consent or the affidavit the date and time of execution. The witnesses’ names must be typed or printed undemeath their signatures, The witnesses’ home or business addresses must be included, The person who signs the consent or the affidavit has the right to have at least one of the witnesses be an individual who does not have an employment, professional, or personal relationship with the adoption entity or the prospective adoptive parents. The adoption entity must give reasonable notice to the person signing the consent or affidavit of the right to select a witness of his or her own choosing. The person who signs the consent or affidavit must acknowledge in writing on the consent or affidavit that such notice was given and indicate the witness, if any, who was selected by the person signing the consent or affidavit. © Prospective Birthfather #1 was not provide an opportunity to seek legal! counsel, to select witnesses of his own choice, or review the documents in detail prior to signing. e No reasonable notice was provided; the prospective birthfather drove from Tampa. e The birth mother was not afforded the opportunity obtain an attorney. e The birthmother was coerced into utilizing one of the staff members as a witness. e The birthmother has neither the education nor language fluency to understand the documents; however the agency did not offer her a translator. XIII. F.S.63.082 (4) (e) consent to adoption being executed by the birth parent must be in at least 12-point boldfaced type in substantially the following form: CONSENT TO ADOPTION : YOU HAVE THE RIGHT TO SELECT AT LEAST ONE PERSON WHO DOES NOT HAVE AN EMPLOYMENT, PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH THE ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE PARENTS TO BE PRESENT WHEN THIS AFFIDAVIT IS EXECUTED AND TO SIGN IT AS A WITNESS. YOU MUST ACKNOWLEDGE ON THIS FORM THAT YOU WERE NOTIFIED OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS OR WITNESSES YOU SELECTED, IF ANY. YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU MAY DO ANY OF THE FOLLOWING INSTEAD OF SIGNING THIS CONSENT OR BEFORE SIGNING THIS CONSENT: 1. CONSULT WITH AN ATTORNEY; 2. HOLD, CARE FOR, AND FEED THE CHILD UNLESS OTHERWISE LEGALLY PROHIBITED; 3.-PLACE THE CHILD IN FOSTER CARE OR WITH ANY FRIEND OR FAMILY ~~~ MEMBER YOU CHOOSE WHO IS WILLING TO CARE FOR THE CHILD; 4. TAKE THE CHILD HOME UNLESS OTHERWISE LEGALLY PROHIBITED; AND 5. FIND OUT ABOUT THE COMMUNITY RESOURCES THAT ARE AVAILABLE TO YOU IF YOU DO NOT GO THROUGH WITH THE ADOPTION. IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP ALL RIGHTS TO YOUR CHILD. YOUR CONSENT IS VALID, BINDING, AND IRREVOCABLE EXCEPT UNDER SPECIFIC LEGAL CIRCUMSTANCES. IF YOU ARE GIVING UP YOUR RIGHTS TO A NEWBORN CHILD WHO IS TO BE IMMEDIATELY PLACED FOR ADOPTION UPON THE CHILD'S RELEASE FROM A LICENSED HOSPITAL OR BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD WILL BE IMPOSED UPON THE BIRTH MOTHER BEFORE SHE MAY SIGN THE CONSENT FOR ADOPTION, A BIRTH MOTHER MUST WAIT 48 HOURS FROM THE TIME OF BIRTH, OR UNTIL THE DAY THE BIRTH MOTHER HAS BEEN NOTIFIED IN WRITING, EITHER ON HER PATIENT CHART OR IN RELEASE PAPERS, THAT SHE IS FIT TO BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH CENTER, WHICHEVER IS SOONER, BEFORE THE CONSENT FOR ADOPTION MAY BE EXECUTED. ANY MAN MAY EXECUTE CONSENT AT ANY TIME AFTER THE BIRTH OF THE CHILD. ONCE YOU HAVE SIGNED THE CONSENT, IT IS VALID, BINDING, AND IRREVOCABLE AND CANNOT BE WITHDRAWN UNLESS A COURT FINDS THAT IT WAS OBTAINED BY FRAUD OR DURESS. IF YOU BELIEVE THAT YOUR CONSENT WAS OBTAINED BY FRAUD OR DURESS AND YOU WISH TO REVOKE THAT CONSENT, YOU MUST: 1. NOTIFY THE ADOPTION ENTITY, BY WRITING A LETTER, THAT YOU WISH TO WITHDRAW YOUR CONSENT; AND 2. PROVE IN COURT THAT THE CONSENT WAS OBTAINED BY FRAUD OR DURESS. e Prospective Birthfather #1 was not provide an opportunity to seek legal counsel, to select witnesses of his own choice, or review the documents in detail prior to signing, e No reasonable notice was provided; the prospective birthfather drove from Tampa. e The birth mother was not afforded the opportunity obtain an attorney. e The birthmother was coerced into utilizing one of the staff members as a witness. e The birthmother has neither the education nor language fluency to understand the documents; however the agency did not offer her a translator. e The birthmother was prohibited by the agency to hold, care for, and feed the child. e The birthmother was not afforded counseling, and thereby denied an opportunity to explore Placing the child in foster care or with any friend or family member you choose who is willing to care for the child; e The birthmother was not afforded counseling, and thereby denied an opportunity to explore taking the child home. e The birthmother was not provided information about the community resources that are available to her if she did not go through with the adoption. XIV. F.S. 63.085(5) (g) an affidavit of nonpaternity may be withdrawn only if the court finds that the affidavit was obtained by fraud or duress. e Prospective birthfather #1 and his mother both report fraud and duress during the consent and signing of the affidavit of non paternity. XV. F.S. 63.087 (4) PETITION.-- (d) The petition to terminate parental rights pending adoption must be in writing and signed by the petitioner under oath stating the petitioner's good faith in filing the petition. A written consent to adoption, affidavit of nonpaternity, or affidavit of diligent search under s, 63.088, for each person whose consent to adoption is required under s. 63.062, must be executed and attached. e The agency did not act in good faith; statutory safeguards for all parties were not followed in that the written consents were not obtained freely and with full disclosure, e The agency filed a petition to terminate parental rights, stating that the petitions was filed in good faith and the facts therein are true; e The birthmother’s consent to adoption was signed, certifying that she was not under the influence of any drugs, when in fact she was under the influence of Roxicet, and that drug was provided to her that morning by the witness who signed with the birthmother— also an employee of a cooperating agency. e Prospective birthfather #2 is noted as not being American Indian, on the birthmother and father interview summary, although an interview was never conducted with him to confirm or deny his status. e Prospective birthfather #2 is noted on the interview summary as not being locatable, although contact information was readily available and ignored. e While the Department has provided updated forms, the adoptive parents signed an out of date Affidavit of Good Moral Character, excluding many offenses the adoptive parents did not review. The agency failed to properly advise the family and obtain the required consents thereby failing to have the necessary safeguards in place to protect the children. e The transcripts describe the agency attorney as an attommey for the babies — which is a misrepresentation. The transcripts also indicate a program manager, not an intermediary, provided the birthmother with the consents; the pace with which those documents were presented and reviewed is incomprehensible. XVI. F.S:63.088 (3) LOCATION AND IDENTITY KNOWN.--Before the court may determine’ that a minor is available for adoption, each person whose consent is required under s. 63.062, who has not executed a consent for adoption or an affidavit of nonpaternity, and whose location and identity have been determined by compliance with the procedures in this section must be personally served, pursuant to chapter 48, at least 20 days before the hearing with a copy of the petition to terminate parental rights pending adoption and with notice in substantially the following form: --and-- (5) LOCATION UNKNOWN; IDENTITY KNOWN.--If the inquiry by the court under subsection (4) identifies any person who has not executed a consent to adoption or an affidavit of nonpaternity, and the location of the person is unknown, the adoption entity must conduct a diligent search for that person ... e Birthfather #2 was not served, in accordance with the statute. e No diligent search was conducted for prospective birthfather #2, although his name and phone number were available. XVI. F.S, 63.219 Sanctions.--Upon a finding by the court that an adoption entity has willfully violated any substantive provision of this chapter relative to the rights of the parties to the adoption and legality of the adoption process, the court is authorized to prohibit the adoption entity from placing a minor for adoption in the future in this state. Allegations involving this agency have continued to escalate over the past three years. Written recommendations for bookkeeping improvement were made to the agency in 2008 and 2009 based two investigations due to allegations of fraudulent billing practices, misrepresentation of birth mother expenses, and unallowable expenses. Additional allegations in 2010 resulted in a corrective action plan being formally issued in 2010, The issues in that investigation included both bookkeeping, and child safety issues. The issues involved a delay in providing the pre- adoptive parents access to medical care for a special needs child, over charging interim care fees that were not approved, withholding critical medical and educational information, failure to properly represent expenses to the court and coercive tactics in obtaining signatures when expenses were presented to the pre-adoptive parents. The corrective action plan was formulated to address deficiencies found in prior investigations, The current set of allegations was received by the Department while the agency is subject to a corrective action plan that is ongoing. There is an additional complaint being investigated at this time. The Department has taken definitive steps to assist the agency in order to remedy noted areas of noncompliance with the Florida Statutes and administrative codes. Adoption by Shepherd Care continues to demonstrate willful disregard for the rights and protection of pre-adoptive children, the responsibility to protect the rights of birth parent(s) and that of adoptive parents. Attempts to identify areas of need to the agency to remedy violations of both statute and code have failed. e The Department seeks to revoke the license of the agency, thereby preventing them from placing a minor children for adoption in the future in this state. COUNT FS. 409.175(9)(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. 2. A violation of the provisions of this section or of licensing rules promulgated pursuant to this section. e The Department has determined that Sica, and ASC acted intentionally and negligently, as well as violating the most basic provision of licensing rules and Florida Statutes. CouNT IN F.S. 409.175(2) (f) "License" means "license" as defined in s, 120.52(9). A license under this section is issued to a family foster home or other facility and is not a professional license of any individual. Receipt of a license under this section shall not create a property right in the recipient. A license under this act is a public trust and a privilege, and is not an entitlement. This privilege must guide the finder of fact or trier of law at any administrative proceeding or court action initiated by the department. e The actions of the agency continue to violate the public trust. Notice of Rights This decision constitutes final agency action unless a person who is substantially affected by it submits a written request for a hearing that is received within twenty-one days from the date on which he or she receives this notice, This request for hearing must also meet the requirements of Chapter 120, Florida Statutes, and either Rule 28-106.201 or Rule 28-106.301, Florida Administrative Code, or else it will be dismissed as required by section 120.569(2)(c), Florida Statutes. ‘ In accordance with section 120.60(6), Florida Statutes, undersigned states that ASC is afforded procedural protection in that the below Notice of Rights permits both 21 days to request a hearing and may be judicially reviewed. This action, a revocation, is necessary to protect the health, safety or welfare of children. That law and those rules require the written request for hearing to include the following information: 1. The name and address of each agency affected and each agency's file or identification number if known; 2. The name, address and telephone number of the person who is asking for the hearing (the petitioner); 3. The name and, address and telephone number of the petitioner's representative, if any; 4. An explanation of how the petitioner's substantial interests are or will be affected by the agency decision; A statement of when and how the petitioner received notice of the agency decision A statement either that the petitioner does not dispute the facts upon which the district relied in making its decision OR a statement that the petitioner does dispute those facts along with a list of the facts in dispute; anu 7. If facts are in dispute, a statement of the facts as the petitioner perceives them to be; 8. A statement of the specific rules or statutes that the petitioner believes require the agency to reverse or modify its decision; and 9. A statement saying what action the petitioner wants the agency to take in the matter. Failure to request a hearing in writing and within the timeframes required in this notice or failure to provide the information required by the law and rules governing requests for Chapter 120 Hearings constitutes a complete waiver of any right that a substantially affected person may have to challenge this decision, and will result in the entry of a Final Order affirming this Administrative Complaint. A request for hearing will be dismissed unless it is received on time, in writing, and with the required information. Send the request for hearing to the following person at the followin; address. Attach a of this notice to the request for hearing: Gregory Venz, Agency Clerk Department of Children and Families 1317 Winewood Blvd. Bldg. 2 Room 240X Tallahassee, Florida 32399-0700 Perry Regional Director

Docket for Case No: 11-001940