The Issue The issue in this proceeding is whether the Department of Children and Family Services should renew the foster care license of Gloria J. Smith.
Findings Of Fact Petitioner, Gloria J. Smith, is an elementary school teacher. She previously was employed by the Ocala Police Department as a reserve officer. Petitioner has been a foster parent for approximately three years. According to Diana McKenzie, the Department's Acting Supervisor for relicensing, retention, and facilities, there were no allegations made against Petitioner prior to this incident. J.F. was a foster child of Petitioner's on two separate occasions. The first time, J.F. was placed with Petitioner, and was returned to her mother. The date of J.F.'s first placement with Petitioner is unclear from the record. J.F. returned to Petitioner for approximately two years and was returned to her mother again in May of 2001. In October of 2000, Petitioner took J.F. to the Ocala Police Department regarding an allegation of possible abuse that occurred in the past. The record is unclear as to the time sequence when this occurred in relation to when J.F. was placed with Petitioner. In any event, Petitioner's taking J.F. to the Ocala Police Department was related to alleged events that did not occur during the time J.F. was in Petitioner's foster care. In September 2001, Petitioner received a call from the Department informing her that an abuse allegation had been made and that the Department would be out to pick up her foster children. At the time, Petitioner had three foster children including J.F. Petitioner also has three children of her own including her son, J.S., who was approximately 14 years old in September 2001. Despite repeated efforts, she was not able to get information regarding the abuse allegation. No one from the Department came to her home to investigate the abuse allegation. Ocala Police came to her home but Petitioner was not at home at the time the police arrived. Petitioner took her son, J.S., to the Ocala Police Department for reasons she understood to be associated with the abuse allegation. However, she was not present during any interview of J.S. by the Ocala police. No other competent facts were established to support the allegations contained in the November 16, 2001, letter from the Department to Petitioner denying relicensure.
Recommendation Based upon the Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the Department of Children and Family Services enter a final order granting Petitioner's license renewal. DONE AND ENTERED this 24th day of July, 2002, in Tallahassee, Leon County, Florida. BARBARA J. STAROS 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 24th day of July, 2002.
The Issue The issue is whether Petitioner should be granted an exemption from disqualification to work in a position of trust or responsibility in a direct care position pursuant to Section 435.07(3), Florida Statutes.
Findings Of Fact Petitioner is a single mother of five children, including two sets of twins. She is twenty-nine years old and has a tenth-grade high school education. On July 26, 1995, Petitioner drove a car into a Walmart parking lot in Leon County, Florida, and parked illegally directly in front of the store. Petitioner was operating the car while her driving privileges were suspended. After parking the car, Petitioner left her five children unsupervised in the car while she went into Walmart to exchange a shirt. At that time, the older twins were six years old, one child was four years old, and the younger twins were three years old. When Petitioner went into the store, she removed the key from the ignition and left the windows down. The temperature was 93 degrees. Petitioner was in the store for approximately ten minutes. Upon Petitioner's return to the car, a policeman arrested her for the second-degree misdemeanor offense of "negligent treatment of children" under Section 827.05, Florida Statutes (1993). 1/ The children were not harmed as a result of being left unattended in the car. They were never removed from Petitioner's custody. After her arrest, Petitioner and her children were picked up and taken home by a relative. In September 1995, Petitioner pled nolo contendere to the charge of "negligent treatment of children." The County Judge of Leon County accepted Petitioner's plea, withheld adjudication of guilt, and ordered that Petitioner be placed on probation for six months. One of the conditions of Petitioner's probation was that she attend parenting class. On February 28, 1996, Petitioner was charged with violating her probation related to the charge of "negligent treatment of children." Specifically, she had not provided proof that she had attended the parenting class. Additionally, she had not paid a $100 probation supervision fee or a $150 court fine. Petitioner violated her probation because she did not have funds to pay for the parenting class or the required fee and fine. At the violation of probation hearing on May 10, 1996, Petitioner presented proof that she had attended the parenting class. The County Judge of Leon County terminated Petitioner's probation in open court. On March 5, 1998, Petitioner was charged in Leon County, Florida, with the traffic offense of driving with suspended driving privileges. The County Judge of Leon County convicted and adjudicated Petitioner guilty of this offense on March 25, 1998. On September 7, 1998, Petitioner was charged in Leon County, Florida, with the traffic offense of driving with suspended driving privileges. The County Judge of Leon County withheld adjudication of guilt for this offense on October 7, 1998. Petitioner has worked as a dietary aide at Tallahassee Convalescent Home (TCH) for four years. In 1998, she applied for a position with TCH as a certified nurse assistant, a direct care position. The application included Petitioner's request for a Florida Abuse Hotline Information System Background Check. A member of Respondent's staff completed the background check on September 23, 1998, finding no confirmed report of abuse or neglect. On April 16, 1999, Petitioner signed a sworn Affidavit of Good Moral Character as part of the application process to secure a direct care position with Tallahassee Developmental Center. By signing the affidavit, Petitioner swore that she had not been found guilty or entered a plea of guilty or nolo contendere, regardless of the adjudication, to a number of offenses, including "negligent treatment of children." This affirmation was false. Petitioner's testimony that she forgot her plea of nolo contendere and subsequent conviction for "negligent treatment of children" or that she never knew the exact nature of her crime is not persuasive. In April 1999, Petitioner was charged with violating her probation related to one of her offenses for "driving while privileges suspended" in Leon County, Florida. Petitioner violated her probation because she did not have funds to pay her traffic fines. Petitioner subsequently entered the Florida Traffic Assistance Program. She completed a corrective driving class on August 14, 1999. The Department of Motor Vehicles issued Petitioner her first driver's license on August 31, 1999. Since October 1999, Petitioner has paid $50 per month on her outstanding traffic fines. She now owes $453 in traffic fines.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is
The Issue Whether Respondent has failed to maintain the qualifications of a law enforcement officer to have good moral character, as alleged in the Administrative Complaint.
Findings Of Fact The Respondent was certified by the Criminal Justice Standards and Training Commission on March 21, 1988, as a law enforcement officer, Certification Number 50-87-002-01, and at all time relevant, certification was active. In March of 1988, the Respondent became employed as a police officer with the Winter Haven Police Department. On two separate occasions in 1990, Lois May engaged in sexual intercourse with Officer Edgar S. Searcy. On both occasions, Officer Searcy paid May $10.00 for her services. Officer Searcy was on duty and in uniform during both of these occurrences. Colleen McCoy performed oral sex on Officer Searcy in exchange for $5.00 on one occasion in 1990. While on duty, Respondent picked up McCoy at her residence, and took her to a secluded location where she performed oral sex on him. He paid her $5.00, and drove her to a location where she could walk to nearby "crack house" and obtain drugs.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent be found guilty of failure to maintain good moral character, as required by Subsection 943.13(7), Florida Statutes (1989), and that Respondent's certification be REVOKED. DONE AND ENTERED this 6th day of January, 1994, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 6th day of January, 1994. APPENDIX The following constitutes my specific rulings, in accordance with section 120.59, Florida Statutes, on findings of fact submitted by the parties. Petitioner's proposed findings of fact. Accepted in substance: paragraphs 1,2,3,4,5,9 Rejected as hearsay: paragraphs 6,7,8 Respondent's proposed findings of fact. Accepted in substance: none Rejected as argument or comments on the evidence: paragraphs 1, 2, 3,4 COPIES FURNISHED: Michael Ramage General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Leon Lowry, II, Director Division of Criminal Justice Standards and Training Commission Post Office Box 1489 Tallahassee, Florida 32302 Steve Brady Regional Legal Advisor Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 James T. Moore Commissioner Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Doris Hundley Qualified Representative Edgar S. Searcy 490 East Plum Avenue Chipley, Florida 32428
