The Issue Whether Petitioner's June 1, 2007, application for registration as a family day care home, pursuant to Section 402.313, Florida Statutes, may be granted.
Findings Of Fact DCF's August 8, 2007, letter denied Petitioner’s June 1, 2007, application to register to operate a family day care home due to a verified abuse report of exploitation by Petitioner of her elderly mother; Petitioner's personal history of mental health issues; and a circuit court’s failure to approve Petitioner as an alternative long-term caretaker of her grandchildren in connection with an abuse or neglect investigation and dependency case brought against the children's mother. Unlike licensed family day care homes and facilities, registered homes are not subject to pre-licensure inspection, periodic or surprise inspection after licensure, or DCF monitoring after children are placed in the home. Therefore, in consideration of applications for registration as a family day care home, DCF is particularly careful to make sure that there is nothing in an applicant’s background that would indicate a potential risk for children left in the applicant’s care.1/ Accordingly, DCF conducts a background check that includes its central hotline computer system as well as criminal background checks, pursuant to Chapter 435, Florida Statutes. Marsha Carpenter conducted the screening of Petitioner's application. Her search turned up two prior cases in which Petitioner had been named as a responsible party in the final decisions. FPSS 2004-012525-01, received by DCF on May 7, 2004, was closed with verified findings of exploitation by Petitioner of an elderly, vulnerable adult, who was Petitioner’s mother. This is the only FPSS report referred-to in the Agency’s denial letter. At hearing, evidence was also received concerning FPSS 2004-405767-01, received by DCF on August 27, 2004. No explanation was offered as to why this report, which returned a verified finding of “inadequate supervision” of her three-year- old granddaughter against Petitioner, was not mentioned in DCF’s denial letter. Even with the testimony of the investigator in FPSS 2004-012525-01 (elderly exploitation), much of that report does not even rise to the level of hearsay consideration permitted by Section 120.57(1)(c), Florida Statutes. Therefore, it cannot be relied upon in its entirety here. The credible evidence presented herein, including numerous admissions by Petitioner, support a finding that Petitioner was successively hospitalized in two separate mental health facilities for two separate short periods between May 4, 2004, and June 10, 2004, and that these two short hospitalizations were a result of the great stress Petitioner had endured in caring for her mother, who had just suffered a stroke, and in caring for her brother, who had suffered from a debilitating illness which ultimately caused his death on May 24, 2004. Petitioner thought she may have been hospitalized three times, instead of two times, and testified without refutation that the hospitalizations occurred because she was unable to care for herself in her great grief. Upon the totality of the competent credible evidence, it is further found that during the period addressed by FPSS 2004-012525-01, Petitioner was operating under a legitimate power of attorney from her mother and was also either a legitimate co-signor on her mother's checking account or legitimate co-payee on her mother's government checks. During this period, Petitioner used a check to access her mother's money so as to pay all, or some, of her own utility bill. In mitigation of this diversion of her mother's funds, Petitioner intended that another check of Petitioner's own would be used to pay all, or some, of her mother's nursing home expenses, thereby making-up the deduction of her mother's money she had used for her own utility payment. However, neither her mother's money nor Petitioner's own check reached Petitioner's mother's nursing home, and Petitioner's mother’s nursing home expenses were not, in fact, paid by Petitioner. While Petitioner attributed her failure to pay the nursing home to loss of money from her own checking account, due to her own check, and/or due to her mother's endorsed government check having been cashed by a third party without Petitioner's authorization, there still remains no evidence that Petitioner ever made good on paying her mother’s expenses at her mother’s nursing home. FPSS No. 2004-405767-01, relates to a later date in 2004, when Petitioner's grandchildren, a boy and a girl, were staying with her. Petitioner admitted that she left the children alone and unsupervised in her yard while she went to answer her phone. Petitioner maintained that she was only away from the yard for five minutes and stated that she, herself, rather than a neighbor, as stated in the FPSS report, had summoned the police. However, Petitioner also admitted that the period of time she left her grandchildren unattended had been sufficient for an older neighborhood boy to solicit oral sex from her three-year-old granddaughter. Based on the evidence as a whole, it is not credible that the grandchildren were left alone for only five minutes, but even so, Petitioner conceded that molestation, or even kidnapping, could have occurred in the period of time the children were left unsupervised, even if that period had been only five minutes. On a subsequent occasion, M.P.'s grandchildren were taken into custody in connection with a DCF abuse/neglect investigation of their mother, Petitioner's daughter. Due to Petitioner’s mental health history, the two prior FPSS reports, and the criminal history of an uncle living with Petitioner at the time, DCF did not recommend to the circuit court that Petitioner be considered for long-term placement of the grandchildren. The circuit court placed the grandchildren with a neighbor and friend of Petitioner instead of with Petitioner. During the extended period of time that Petitioner's grandchildren were fostered by Petitioner’s neighbor and friend, Petitioner paid their room and board and regularly visited them in the foster mother's home. The foster mother is an old friend of Petitioner and a member of her church. She testified to Petitioner's honesty, kindness, and love of her grandchildren. Since 2004, Petitioner has been taking psychotropic medication for her mental health, but she presented no medical evidence about the effects of this medication or whether she is safe to be around children while she is taking it. Petitioner presented credible testimony and supporting evidence that since 2004, she has regularly worked as a Certified Nursing Assistant (CNA) without any reported incidents of neglect, abuse, or exploitation of patients. The credible evidence demonstrated she has been a licensed CNA for 23 years, not the 30 years she testified to.
Recommendation Based on the foregoing Findings of Facts and Conclusions of Law, it is RECOMMENDED that a final order be entered by the Department of Children and Family Services denying registration at this time, while clearly setting out that Petitioner is free to reapply at any time. DONE AND ENTERED this 8th day of February, 2008, in Tallahassee, Leon County, Florida. S ELLA JANE P. 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 8th day of February, 2008.
Findings Of Fact The Respondent, Jeanette Dilligard, is licensed to operate the Dilligard Foster Home for children located at 1751 N.W. 76th Street in Miami, Florida. In the summer of 1985, W. T., age 11, L. I., age 9 and P. F., age 8, were placed in Ms. Dilligard's care by DHRS. While the children were in Ms. Dilligard's care, they were frequently and consistently given physical punishments and beatings. Each child would receive some form of physical punishment at least once a week. Ms. Dilligard used an electrical extension cord and a white belt when administering the beatings. The beatings would last about 5 minutes, sometimes leaving cuts and bruises on the children. The punishments were usually administered for fairly insignificant transgressions by the children. On one occasion, Ms. Dilligard had taken the children with her to a laundromat and L. I. accepted a piece of chewing gum from another person that was there. When Ms. Dilligard and the children returned home, L. I. was given a beating for "accepting food from a stranger." On another occasion, P. F. was eating sunflower seeds and left some of the empty shells on the floor. Ms. Dilligard administered a beating to P. F. for that offense. On yet another occasion, P. F. received a beating when she brought home a bad school report card. On November 19, 1985, W. T. lost a key to the house which he was given by Ms. Dilligard. Ms. Dilligard had previously told W. T. that if he lost the key, he could be given a beating. That evening, W. T. and his two sisters planned that they would run away from Ms. Dilligard's home the next day. On the morning of November 20, 1985, the three children ran away and went to their aunt's house. After the children left Ms. Dilligard's home, they were interviewed by the child protection team in Dade County and taken to Jackson Memorial Hospital for a medical examination. The physician's report indicated that both P. F. and L. I. had multiple bruises, scratches and abrasions on their legs and back which were non- accidental type injuries consistent with their allegations of physical beatings. Prior to receiving her license to operate a foster home, Ms. Dilligard was specifically advised, during a Foster Parent Training Program, of DHRS' policy that any form of physical punishment in the foster home setting was prohibited.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is, RECOMMENDED: That Jeanette Dilligard's license to operate a family foster home be REVOKED. DONE AND ORDERED this 12th day of January, 1987, in Tallahassee, Florida. W. MATTHEW STEVENSON Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 12th day of January, 1987. APPENDIX TO RECOMMENDED ORDER, CASE NO. 86-1907 The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the parties to this case. Rulings on Proposed Findings of Fact Submitted by the Petitioner Adopted in substance in finding of fact 3. Adopted in substance in finding of fact 4. Adopted in substance in finding of fact 4. Rejected as subordinate. Adopted in substance in finding of fact 4. Adopted in substance in finding of fact 5. Rejected as subordinate. Rejected as argument. Rejected as argument. Rejected as argument. Rejected as subordinate. Rejected as a recitation of testimony. Adopted in substance in finding of fact 5. Rulings of Proposed Findings of Fact Submitted by the Respondent (None Submitted) COPIES FURNISHED: Leonard T. Helfand, Esquire Department of Health and Rehabilitative Services 401 Northwest 2nd Avenue, Suite 790 Miami, Florida 33128 Jeanette Dilligard 1751 Northwest 76th Street Miami, Florida 33147 William Page, Jr., Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32301 Steven W. Huss, General Counsel Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32301 =================================================================
The Issue The issue to be resolved in this proceeding concerns whether the Petitioner's license to operate a family daycare home should be suspended based upon the Petitioner's husband's plea of nolo contendere to a disqualifying second degree felony.
Findings Of Fact The Petitioner, Sislyn Gonsalves, has operated a family daycare home at times pertinent hereto, including in 2005 up through the time of the hearing, pursuant to license number F12V00010. The family daycare home is located at 2820 Lake Helen Osteen Road, Deltona, Volusia County, Florida. The Petitioner and her husband Clayton A. Gonsalves have had repeated disciplinary problems with their 13 year old son, K. G. K. G. had been repeatedly in trouble at school and may have been involved in an incident involving a theft, of which his parents became aware. On or about April 16, 2005, an incident occurred in the Petitioner's home. The Petitioner's husband Clayton Gonsalves and the Petitioner were trying to leave for church that morning and to persuade their son K. G. to attend church with them. An argument between the son and Mr. Gonsalves ensued. During the incident Mr. Gonsalves picked- up a short piece of light weight PVC pipe, approximately three feet by three quarter's of an inch, and struck his son several times on the left shoulder and the right hand. The persuasive evidence in this case is that the blows with the light weight PVC pipe did not leave marks. The son, K. G., being angry and upset at the time, abruptly left the family premises. The Petitioner and her husband and other child thereupon preceded to attend church. Later that day, after the incident had apparently been reported to the police, the police arrested Mr. Gonsalves and charged him as having committed child abuse. On or about May 11, 2005, Mr. Gonsalves entered a plea of nolo contendere on a charge of aggravated child abuse, which is a second degree felony. This resulted from the incident described above. As a result of that plea Mr. Gonsalves was sentenced to a term of three years of probation, and adjucation was withheld. As a condition of his probation he was ordered to have "no violent contact" with the victim, K. G., and to "comply with the Department of Children and Family's conditions and case plans." Mr. Gonsalves works in the State of New York as a plumber. He returns to his family residence, to be with his family, whenever possible, between jobs. He resides there with the Petitioner and their children at such times. He is often present in the family residence while the Petitioner is providing daycare for other children and often assists her in providing care for the children. The unrefuted, persuasive evidence adduced by the Petitioner through her testimony and that of her witnesses establishes that she and her husband are loving parents who do not maintain an abusive home. They treat their own children and the children they provide daycare for, as clients, in a loving, responsible and positive way. The Petitioner is in the process of earning her college degree in Early Childhood Education and desires to continue in the business of providing daycare. The lack of an abusive climate in the home is borne out by the fact that the Petitioner's and Mr. Gonsalves's children are in the gifted program in school, and by the fact that K. G.'s grades and scholastic standing at school have marketedly improved since the incident in question. The Petitioner's witnesses, particularly her mother, described Mr. Gonsalves as a loving husband and father who does not commit abuse, who does not drink, smoke or abuse his wife or children. Witness Ayallo, the agency's Licensing Inspector, established that the Petitioner's family daycare home is always in compliance with relevant regulatory rules and statutes, and he corroborated the Petitioner's testimony concerning the history of disciplinary problems caused by her son. Witness Surgine, the Agency's Licensing Specialist established that the Agency only wanted to suspend the licensure because of the fact that the husband, Mr. Gonsalves, would, on occasion, be present in the home when child clients are present. The Agency did not feel that the incident justified a revocation of license. This is an unfortunate, isolated incident. The persuasive evidence of record shows that Mr. Gonsalves is not an abuser of his children, the children of others or his wife, the Petitioner. The Petitioner is operating her facility as an exemplary family daycare home and desires to continue to do so. Even though she and her family are enduring rather straitened financial circumstances, she is successfully pursuing a college degree in Early Childhood Education. The testimony of Ms. Corchado, whose son has been cared for by the Petitioner in excess of three and one-half years, corroborates the exemplary record and caring atmosphere maintained by the Petitioner in operation of her family daycare home. Ms. Corchado has tried many daycare facilities and believes that the Petitioner's is the best one she found in terms of providing a loving, positive, environment for her son. Her son "adores the Petitioner and her family" and has become very close to them, even attending church with them on occasion. The Petitioner helps her son with his school work and Ms. Corchado has never observed or learned of any abuse occurring in the home. The incident which occurred with Mr. Gonsalves and his son is clearly an isolated unfortunate occurrence. It was deeply regretted by all concerned even before the Agency Respondent became aware of it. It is ironic that the Petitioner, who has conducted an exemplary child care facility operation, has been placed at risk for losing her licensure status while other child care facilities licensed by the Respondent with more violations of record which can impinge on the adequate care of children can remain licensed under corrective plans and procedures. The Agency, commendably, has recognized the unjust, automatic operation of the statute at issue herein, in terms of the Petitioner's particular circumstances and incident, by declining to seek revocation of licensure but merely suspension until the issue of Mr. Gonsalves's residence in the daycare facility is resolved. In any event, this was unfortunate effort at child discipline which became a little too heated and went awry. As the Petitioner pithily and eloquently put it, "If you don't discipline your children, they will grow up and the police will do it for you."
Recommendation Having considered the foregoing Findings of Fact, Conclusions of Law, the evidence of record, the candor and demeanor of the witnesses, and the pleadings and arguments of the parties, it is, therefore, RECOMMENDED that a final order be entered by the Department of Children and Family Services suspending the license of the Petitioner for the above found and concluded reasons but that the suspension be stayed while, under appropriate Department supervision, the Petitioner and Mr. Gonsalves resolve the issue of his residence within the family daycare home location possibility of the licensed daycare home being re-located to another premises or while Mr. Gonsalves acts to secure an exemption (if successful) from the above-referenced disqualifying offense. DONE AND ENTERED this 4th day of January, 2006, in Tallahassee, Leon County, Florida. S P. MICHAEL RUFF 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 Clerk of the Division of Administrative Hearings this 4th day of January, 2006. COPIES FURNISHED: Gregory Venz, 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 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Sislyn Gonsalves 2820 Lake Helen Osteen Road Deltona, Florida 32738 George P. Beckwith, Jr., Esquire Department of Children and Family Services 210 North Palmetto Avenue, Suite 440 Daytona Beach, Florida 32114-3269
The Issue The issue presented is whether Petitioner's license to operate a child care facility should be revoked.
Findings Of Fact At all times material hereto, Geraldine Lee was the owner and operator of a child care facility, licensed by the State of Florida and known as The Children's Palace II. On November 14, 2004, there were eighteen children in the care of The Children's Palace II. Each child was signed in by the child's parent when the child arrived each morning, and one of Lee's employees then signed that the child was actually there. The child was then signed out when the child was picked up that day. The facility was open until 10:00 p.m. However, the facility closed earlier if all the children had been picked up before that time. On November 14 when Taunya Patterson brought her six- month-old son Kenneth Geddes to the facility, she neglected to sign in her son, and no employee counter-signed. Thus, there was no written record that he was there. At that time, Geddes had been receiving child care at The Children's Palace II for two months. When Patterson returned to the facility at 9:00 p.m. to pick up her son, she found the facility closed, locked, and dark. She summoned the police, who, in turn, summoned Geraldine Lee, who came to the facility. She unlocked the facility and Patterson's son was in the crib where he normally slept, lying on his stomach and crying. The infant was unharmed. Geraldine Lee had left the facility that day at approximately 7:30 p.m. Before leaving the facility, she walked through but did not see any children still there. She left her employee Theresa Leverett in charge of the facility. At approximately 8:30 p.m. Lee returned to the facility to pick up her granddaughter. Leverett was leaving the facility when Lee was picking up her granddaughter. On December 3, 2004, the Department notified Lee that it was revoking her license to operate a child care facility effective immediately. On August 18, 2004, Lee had been issued a provisional license for The Children's Palace II, effective August 20, 2004, to February 19, 2005. Once before, The Children's Palace II had been issued a provisional license but had been issued a regular license thereafter. Prior to November 14, 2004, no child had been left alone in the facility. The only prior similar incident occurred when an employee walked out of a room where a child was present, thereby leaving the child unsupervised.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding that the Department failed to meet its burden of proof and dismissing its notice of intent to revoke the license of The Children's Palace II. DONE AND ENTERED this 6th day of December, 2005, in Tallahassee, Leon County, Florida. S LINDA M. RIGOT 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 6th day of December, 2005. COPIES FURNISHED: Robin Whipple-Hunter, Esquire Department of Children and Family Services Post Office Box 2417 Jacksonville, Florida 32231-0083 Thomas A. Delegal, III, Esquire Delegal Law Offices, P.A. 424 East Monroe Street Jacksonville, Florida 32202 Gregory Venz, Agency Clerk Department of Children and Family Services Building 2, Room 204B 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 John Slye, Acting General Counsel Department of Children and Family Services Building 2, Room 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700
The Issue The issue in this case is whether HRS should grant the Petitioner's application a license to operate a foster care home for dependent children.
Findings Of Fact The Petitioner, Christopher Murphy, is a single male, born July 27, 1966. He wants to be a foster care parent for up to two teenagers, same sex, including those with a history of having been abused. In approximately September, 1994, the Petitioner approached the Children's Home Society (CHS), located in Orlando, Florida, to inquire about applying for licensure to operate a foster care home for dependent children. CHS is and was under contract with the Department of Health and Rehabilitative Services (HRS) to screen prospective licensees. The screening process included, among other things: interviews with the Petitioner; a home study; review of written personal references on behalf of the Petitioner; evaluation of the Petitioner's participation in the HRS-approved Model Approach to Partnerships in Parenting (MAPP) program. After conducting its training and screening of the Petitioner, CHS recommended the Petitioner for licensure "for two children, same gender, ages 12 to 18 years," and the Petitioner filed his application for licensure on or about May 3, 1995. The Petitioner and the "relief persons" he designated in his application underwent background screening, and no disqualifying information was found. However, by letter dated July 11, 1995, HRS gave notice of intent to deny the Petitioner's application for the following reasons: According to Florida Administrative Code Chapter 10M-6, it is the opinion of the Department that based on your own experience with depression, your single lifestyle and your sexual orientation that your desire to be a foster parent is not in the best inte- rest of the children in the custody of Health and Rehabilitative Services. You have indicated that you have doubts about your ability to work with HRS in seeking rehabilitation of the families with children in foster care, that you have limited patience with bureaucracy, and that you would not like to see the foster children in your care return to their parents. Professional counseling to relieve distress over your sexual orientation did not resolve that issue. These consider- ations lead HRS to believe that it would not be in the best interest of children in state custody to be placed with you in foster care. The Petitioner's Mental and Emotional Status The evidence is that the Petitioner experienced some difficulties growing up as one of ten siblings. His mother was very religious but, at the same time, appears to have been a strict disciplinarian and, at times, almost "cruel" to the children. In addition, the Petitioner tended to be a loner during his early years. He was physically weak and was susceptible to being bullied by other children. In addition, he played differently from other boys his age, preferring to spend his time reading Jane Austen and the Bronte sisters rather than playing with friends. As the Petitioner grew older, he increasingly recognized signs that he was homosexually oriented. These signs disturbed him because a homosexual orientation was contrary to his desires and to what he understood to be the morals of his family and religion. When the Petitioner went to college in the mid-1980's, he still would have been considered a "social isolate," and the combination of stresses from leaving home, living on his own at college and dealing with his sexual orientation resulted in depression requiring individual psychotherapy and medication (at first Impramine and later, in 1992, Prozac). Dealing with his mother's death in 1988 caused the depression to recur, but the Petitioner was able to recover with the help of the psychotherapy and medication. Since 1988, the Petitioner has suffered periodic bouts of mild depression. (Medication he takes for rapid heartbeat tends to cause some depression as a side effect.) However, the Petitioner's major depression is in remission, and he has been able to control the mild depression by the appropriate use of medication. The Petitioner's physicians advise him to continue on medication and seek therapy as necessary. In recent years, the Petitioner has resolved his conflicted feelings about his mother, as well as many of the conflicts he had with members of his family. The Petitioner also has made great strides to resolve his conflicted feelings about his sexual orientation. At the same time, he still rejects the values and lifestyle of the gay world and continues to accept most of the basic tenets of traditional values and lifestyle. As a result, there is no indication that the Petitioner is trying to use the foster parent program in order to make a political statement about gay rights. However, the difficulty the Petitioner will continue to face is that traditional society does not necessarily always accept him. This probably will make being a foster parent more difficult for the Petitioner. The Petitioner also has made considerable progress making and maintaining viable personal relationships. He has been able to work responsibly and well in the positions he has held with Universal Studios in Orlando and has made and maintained several positive and valuable friendships through work and elsewhere. In the words of a licensed psychologist who evaluated him in August- September, 1995, the Petitioner is "on the mend" in this regard; by this he meant that the Petitioner is making good progress in the right direction. If major depression were to recur, the Petitioner obviously would have difficulty persevering, and probably would be unable to persevere, in seeing a foster child through to the end of his or her temporary placement. But in recent years the Petitioner has been able to control depression by appropriately using his antidepressant medication, monitoring himself for symptoms of depression, and seeking appropriate therapy as needed. As long as he continues to do so, it is not anticipated that major depression will recur. HRS has licensed others with mental and emotional status similar to the Petitioner to be foster parents. It is true that there is a possibility that the stress of being a foster parent could cause the Petitioner's depression to recur. In many ways, teenage is the most difficult age bracket for foster care, and abused teenagers can present even greater difficulties. But HRS maintains control over the children to be placed with the Petitioner, and an effort could be made not to place the most difficult foster care challenges with the Petitioner, at least initially. In addition, HRS and the Petitioner could cooperate in monitoring the effects that the stress of being a foster parent have on the Petitioner. There is a good chance that the Petitioner's depression will not recur as a result of being a foster parent. The Petitioner's Parenting Experience The Petitioner has no children of his own and has no parenting experience. He grew up in a family of ten children but tended to spend much of his time apart from them. The Petitioner did some baby-sitting during his teens. But otherwise, through his college years, the Petitioner did not exhibit much inclination or desire to be around or work with children. The Petitioner changed as he reached adulthood. He now has a very strong desire to help teenage children by acting as their foster parent. In recent years, he has had the opportunity to work with families having their pictures made at the Universal Studios park in Orlando and has found that he had success interacting with the young members of those families. While he has not had much experience taking care of teenagers, he also has enjoyed spending considerable time in recent years interacting with the young children of friends and other family members. (Living in the a vacation center, many siblings and other members of his family have taken advantage of the opportunity to visit him since he moved to Orlando.) The Petitioner seems to interact well with the children in several arenas--facilitating play, sharing snacks and meals, helping with homework, going on picnics and other outings, suggesting and participating in other positive family activities. His friends' children like him, and his friends trust him with tending to their children. On the other hand, the Petitioner's experience taking care of children is limited. The Petitioner's experience as the sole caretaker responsible for children is relatively sparse and of relatively short duration. While the Petitioner has done some baby-sitting for family and friends, most of the time he has spent with children has been while their parents were around. The Petitioner has not had occasion to be responsible for children overnight or for extended periods of time (certainly not for 24 or more hours). He also has not had much other experience working with children in other settings. He has not, e.g., worked or volunteered as a counselor for church or civic youth groups or camps. Due to the nature of the Petitioner's experience with children, and his lack of experience with teenagers, it is not certain that the Petitioner will succeed as a foster parent of teenagers, or children of any age. It also is not certain that the Petitioner himself will thrive as and enjoy being a 24- hour a day foster parent. It would be desirable both for the Petitioner and for the children to be placed with him for the Petitioner to get more experience before beginning to act as a foster parent. But, on the other hand, the same probably could be said for most first-time parents. It is hard to truly know what it is like to be a parent until you become one. HRS has no non-rule policy establishing clear minimum experience standards for licensure as a foster parent. HRS has licensed others to be foster parents with as little or less parenting experience compared to the Petitioner. The licensing administrator who testified for HRS stated that HRS never has issued a provisional license to a first-time applicant and that HRS would not issue one for the purpose of evaluating the provisional licensee while the licensee gains additional parenting experience. The Petitioner's Ability to Be a "Team Player" On the "Strengths/Needs Work Sheet" for various sessions of the Petitioner's MAPP training, the Petitioner wrote: (Needs as a Result of Meeting 2) I am intolerant of those who hurt children and may have a difficult time holding back and/or editing my language in their company (during visits). I have limited patience with bureaucracy. If something is not getting done, I will do it myself regardless of who gets offended. (Needs as a Result of Meeting 5) I probably will assume I am a better parent than the child's birth parents, and I don't think I'll want the child to return to his biological family. As CHS conducts MAPP training, prospective foster parents are encouraged to use the "Strengths/Needs Work Sheet" to honestly express their deepest concerns about their ability to succeed as foster parents. Then, the trainers help the trainees deal with those concerns. CHS' MAPP trainers believed that, during the course of the training sessions, the Petitioner was able to work through his concerns and grow through the training process. He was open to the trainers' ideas and actively participated in the sessions. In their estimation, the Petitioner's comments, even when in the fifth session, should not be taken as an indication that the Petitioner would not be able to work in partnership with HRS and birth families as a team player. The licensing administrator who testified for HRS was not familiar with how CHS conducted MAPP training and was not in a position to conclude, as she did, that the Petitioner's statements on the "Strengths/Needs Work Sheet," in and of themselves, show that the Petitioner will not be able to work in partnership with HRS and birth families as a team player. The Petitioner has had no difficulty working within the bureaucracy at Universal Studios. He has had good relationships with his supervisors and has had no difficulty accepting their authority over him. Nothing about his employment experience would indicate that the Petitioner would have difficulty working in partnership with HRS and birth families as a team player. The Petitioner's Single Life Style On the "Strengths/Needs Work Sheet" for various sessions of the Petitioner's MAPP training, the Petitioner wrote: (Needs as a Result of Meeting 2) I am responsible, but do not lead a structured life. I eat when I'm hungry, sleep when I'm tired, have ice cream for breakfast . . . (Needs as a Result of Meeting 3) I may not be able to go out all night and do things as spontaneously as I do. (Needs as a Result of Meeting 5) It's just me - one on one. If I had a spouse to back me up when making rules or administer- ing discipline, things would be easier. On the other hand, the Petitioner also counted among his strengths: (Needs as a Result of Meeting 3) It's just me. . . . A foster child has only one person to adjust to. (Needs as a Result of Meeting 4) I have no other people living in my home and can devote a majority of my free time to my foster child. (Needs as a Result of Meeting 5) As a single male with no children, I will be the only one affected. These comments indicate an awareness on the Petitioner's part that his life will change if one or two foster children are placed in his home. As he recognizes, being single will make it more difficult in some ways, but somewhat easier in other ways. What can make being a single foster parent most difficult is not having the emotional and intellectual support and help of another adult in the home. A single foster parent must attempt to compensate by having adult family and friends who are willing and able to serve some of those needs. Several of the Petitioner's friends are willing and able to serve in this role for the Petitioner. All have met HRS's screening requirements. One thing a single foster parent cannot replace is the inability to demonstrate (and teach through) a successful marriage. But this inability clearly is not disqualifying. The Petitioner's Sexual Orientation HRS's notice of intent to deny the Petitioner's application mentioned the Petitioner's sexual orientation. But at final hearing HRS took the position that sexual orientation itself was not a ground for denial of the Petitioner's application. While not disqualifying in itself, being a homosexual foster parent undeniably will present special problems. First, it already has been mentioned that it can be a challenge for a homosexual to function in traditional society, and trying to function as a foster parent in traditional society surely will present its own special challenges. Along those lines, it is foreseeable, e.g., that a foster parent's homosexuality could be unacceptable to the birth family. In addition, since unmarried cohabitation by two or more adults is disqualifying, the Petitioner would be restricted to living alone. Lastly, many foster parents later adopt children placed with them, but the Petitioner will not be able to because homosexuality is disqualifying for purposes of adoption.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department of Health and Rehabilitative Services enter a final order issuing the Petitioner a license to operate a foster home for up to two children, same sex, ages 12 to 18 years of age. DONE and ENTERED this 27th day of June, 1996, in Tallahassee, Florida. J. LAWRENCE JOHNSTON, 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 27th day of June, 1996. APPENDIX TO RECOMMENDED ORDER, CASE NO. 95-4150 To comply with the requirements of Section 120.59(2), Florida Statutes (1995), the following rulings are made on the parties' proposed findings of fact: Petitioner's Proposed Findings of Fact. 1. Rejected that he applied for a license then; he initiated the screening process and preservice training at that time. Otherwise, accepted and incorporated. 2.-4. Accepted and incorporated. 5.-8. Accepted and incorporated to the extent not subordinate or unnecessary. 9. The characterization "extensive" is rejected as not proven; otherwise, accepted and incorporated. 10.-12. Accepted and incorporated. 13. The date "July 11, 1996" is rejected as contrary to the evidence. (It was 1995.) Otherwise, accepted and incorporated. 14.-16. Accepted and incorporated to the extent not subordinate or unnecessary. 17. Accepted but subordinate and unnecessary. 18.-22. Conclusions of law. Accepted and incorporated. Conclusion of law. Respondent's Proposed Findings of Fact. 1.-3. Accepted and incorporated. 4.-6. Conclusions of law. 7.-9. Accepted but subordinate and unnecessary. Rejected as contrary to the greater weight of the evidence. (The first testimony referred to Noll's knowledge of whether the Petitioner was on medication at the time of the hearing. Noll was not "pressed" for the additional testimony; he was just asked a different question.) Rejected as contrary to the evidence that Noll "failed to follow through." Also, subordinate and unnecessary, as the question for determination is whether the evidence at final hearing supported licensure. Rejected as contrary to the greater weight of the evidence. (Again, the question for determination is whether the evidence at final hearing supported licensure.) Rejected as contrary to the greater weight of the evidence that he did not present any experience in his application; he presented more at final hearing after being informed that HRS included experience in the "single lifestyle" ground for the July 11, 1995, notice of intent to deny. Again, the question for determination is whether the evidence at final hearing supported licensure. Rejected as contrary to the greater weight of the evidence; he presented more at final hearing. See 13., above. 15.-16. Generally, accepted. The Petitioner's exact statements are incorporated. Rejected as contrary to the greater weight of the evidence that the Petitioner's purpose was to "avoid working with birth families." (The gist of Noll's discussion with the Petitioner appears to have been that foster parenting older children generally makes reunification less of a concern; either reunification would not be a viable option or, if considered, the older child would have more say in the matter. Otherwise, accepted but subordinate and unnecessary. Accepted but, as previously ruled, subordinate to the ultimate issue for determination, and unnecessary. COPIES FURNISHED: Ann E. Colby, Esquire 305 Elkhorn Court Winter Park, Florida 32792 Laurie A. Lashomb, Esquire Department of Health and Rehabilitative Services 400 West Robinson Street, Suite S-827 Orlando, Florida 32801 Gregory D. Venz Acting Agency Clerk Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-1600 Richard Doran General Counsel Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-1600
The Issue The issue in this case is whether the Respondent, the Department of Health and Rehabilitative Services (HRS), should grant the application of the Petitioners, Charles Wenz and Janet Gallagher, for a family foster home license. 1/
Findings Of Fact Through series of circumstances, the Petitioners in this case--Charles Wenz and Janet Gallagher, husband and wife--came to know the children of a woman named N. M. 4/ Their priest told them about Nancy and her predicament. A serious drug and alcohol addict, and already the single mother of two boys (J. D., born December 30, 1977, and B. F., born January 7, 1983), each of whom had a different biological father, she was about to have another child by yet another man. The Petitioners were asked to help the family, and they agreed. Shortly after the third child--a girl, N. F., born November 4, 1988-- was released from the hospital, the mother asked the Petitioners to let the family live with them temporarily. Not long afterward, the mother slipped back to her way of abusing drugs and alcohol and left, leaving the children with the Petitioners. For some time, the Petitioners cared for the children without being licensed as a family foster home and without any financial assistance from HRS. Later, in approximately March, 1991, they became licensed as a family foster home for the specific and limited purpose of caring for the children of M. 5/ When it came to the children in their care, the Petitioners generally were very attentive to their needs for food, clothing, shelter and medical care, and they provided very well for the children, following up on all doctor appointments and the like. They were very conscientious in this regard. Generally, they got along well with the children, and the children tended to view them as if they were their real parents. As a result of their involvement with the family, the Petitioners came to know the children's maternal grandparents. While initially the Petitioners got along fairly well with the maternal grandparents, they had the opportunity to form opinions of them based on personal experience and stories related by the children and, later, by the fathers of the two boys. Essentially, the Petitioners thought the maternal grandparents were good grandparents, and they encouraged and cooperated in the maintenance of a relationship between the children and the maternal grandparents. At the same time, they did not perceive the maternal grandparents as a good option for permanent placement of the children. Besides the maternal grandparents' age and limited physical and emotional capabilities, and their lack of interest in being permanently responsible for the children on a full-time basis, the Petitioners also had a concern about what they understood to be the maternal grandfather's drinking habits. Instead, since reunification with the mother did not seem feasible to either the Petitioners or to HRS, the Petitioners felt the best option, at least for the boys, would be to investigate their reunification with their fathers. Along with HRS, the Petitioners were instrumental in locating the fathers of the boys and reestablishing contacts between them and their sons. Along with HRS, they actively encouraged and fostered the strengthening of the relationship between the boys and their fathers and worked with HRS to bring the men into a position to begin to care for their sons permanently on a full-time basis. When the Petitioners became licensed as a child-specific family foster home in approximately March, 1991, they agreed to work within the policies and procedures established by the Department and to accept supervision by a foster care counselor. There was no evidence that they were not supportive of the efforts outlined in the foster care agreement or plan. 6/ But problems between the Petitioners and the maternal grandparents developed between the time of the Petitioners' licensure and September, 1991. The problems got so bad that the HRS counselor assigned to the case had to conduct visitation in his office to ascertain who was causing the problems and how to best resolve them. The problems culminated in the maternal grandparents' ultimatum that they no longer could work with the Petitioners as foster parents and that they wanted the children placed with them, the grandparents. The problems worsened as HRS began to investigate the possibility of placing the children with the grandparents. 7/ The Petitioners were against this and attempted to use their positions as foster parents to thwart HRS efforts in that direction. A senior HRS counselor replaced the initial counselor in an effort to shepherd the grandparent placement, with its attendant visitations. But, although regular visitations by the grandparents was prearranged during the fall of 1991, 8/ the Petitioners consistently raised various obstacles to the grandparent visitations, requiring multiple interventions by the HRS senior counselor and others at HRS. Three times, despite HRS interventions, visitation had to be cancelled. The Petitioners' case was taking such an inordinate amount of time that the HRS senior counselor went to his supervisor for relief. The grandparents felt the need to go to court to have the court establish visitation over the Christmas holidays. A hearing had to be held on or about December 10, 1991, and the court granted the grandparents overnight visitation from December 25 through 30, 1991. On inquiring of the children on their return, the Petitioners believed the grandparents did not properly administer prescribed medications for two of the children and accused the grandparents of child abuse. HRS investigated and found that the grandparents had been in direct telephone communication with two of the children's doctors to resolve a discrepancy between two of their medication prescriptions and had followed the telephone instructions of the doctor in charge of the prescription. In connection with the problems with the grandparents, the Petitioners exhibited a clear tendency to try to manipulate the foster care system to their advantage, even unintentionally to the detriment of the interests of the children, and sometimes, out of overzealousness, through use of untruths and half truths. On one occasion, in an attempt to persuade the first HRS counselor not to pursue placement of the children with the grandparents, they told the counselor that an HRS protective services worker had told them that the maternal grandfather had a drinking problem. In fact, it was the Petitioners who had alleged to the protective services worker that the maternal grandfather had a drinking problem. On another occasion, to avoid allowing the grandparents to pick up the children for visitation, the Petitioners cited a supposed statute or rule making it illegal for the grandparents to provide transportation for the children. 9/ Once the boy, B. F., lost a hospital pass for use to visit his grandparents because of problems raised by the Petitioners concerning the legality of the grandparents providing transportation for him. In addition to the problems with the maternal grandparents, the Petitioners exhibited a certain tendency to take things into their own hands when closer contact and consultation with HRS would have been advisable. Once they made arrangements for one of the boys to be admitted to a psychiatric hospital without consulting with HRS and did not advise the counselor until shortly before admission. To attempt to justify their actions to the HRS counselor, the Petitioner told the counselor that the boy's family therapist strongly favored hospitalization for psychiatric treatment. In fact, the counselor later found that the family therapist only had said that it might become necessary at some point to hospitalize the boy. Once the Petitioner, Charles Wenz, used corporal punishment on one of the boys although he knew it was against HRS policy for operators of a family foster home to use corporal punishment. He explained that, due to the history of the Petitioners' relationship with these children, the Petitioners felt more like parents than foster parents and that he did not think it was appropriate in their case for the usual prohibition against corporal punishment to apply to them. Later, Mr. Wenz had another occasion to use a form of corporal punishment on the other boy. 10/ In January, 1992, the Petitioners applied to renew their "child- specific" license as a family foster home. On or about February 1, 1992, the court placed the children with the maternal grandparents, and the Petitioners converted their application to one for general licensure as a family foster home.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Petitioner, the Department of Health and Rehabilitative Services (HRS), enter a final order granting the application of Charles Wenz and Janet Gallagher for general licensure as a family foster home. RECOMMENDED this 13th day of July, 1992, in Tallahassee, Florida. J. LAWRENCE JOHNSTON 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 13th day of July, 1992.
The Issue Whether Petitioner's application to become adoptive parents with the Department should be granted.
Findings Of Fact Beginning in November 1993, Petitioners were foster parents licensed by the Department. They stopped fostering in 1997. On March 25, 1997, Petitioners submitted an application to become adoptive parents through the Department. On August 22, 1997, an adoptive home study was completed by Ms. Townsend, supervisor of adoption and out-of-home care for the Department and adoption counselor for Petitioners. Among other things, the home study consisted of an interview with Petitioners and a review of Petitioners' history as foster parents. Ms. Townsend testified that when asked, Petitioners said they wanted to adopt a little girl under four. However, because of the age desired, such a child is not a special needs child. After completion of her review, Ms. Townsend identified the following needs in Petitioners: Appear to allow emotions to influence their judgment. Appear to be inflexible when presented an opinion different from their own where children are concerned. Seem to have unrealistic "love conquers all" attitude about special needs children. Appear to have trouble defining boundaries in their relationships with children. Need to develop more structure and objectivity when dealing with special needs children. It appears that they may, unintentionally, encourage the dependence of children on them in an effort to demonstrate their love. May need to examine more closely their motivation and apparent need to have a child. Need to develop a more positive working relationship with the Department. The needs referenced above were based on the interviews with Petitioners and their history as foster parents. Ms. Townsend also identified several strengths that Petitioners had as adoptive applicants. These strengths were: Family has knowledge and experience with special needs children. Committed and sincere desire to adopt. Willingness to take an active role in the lives of children. Demonstrated ability to accept children regardless of their problems. Provide assurance to children that they are loved and cared about. Open, verbal, and demonstrative people. Actively pursue what is in the best interest of children. Stable marriage of twenty-five years. Stable and well kept home with space available for expanding the family. Stable and more than adequate employment and income. Based upon her assessment of Petitioners, Ms. Townsend felt Petitioners' deficiencies outweighed their strengths. She recommended denial of Petitioners' application and that they pursue adoption of a non-special needs child. Per Department procedure, an adoptive applicant review committee was convened to consider Petitioners' application. The committee consisted of Ms. Winters, operations management specialist; chairperson, Mary Alegretti; Diane Rickman; Sheila Sinkfield; and Donna Veline. The committee report attached the foster parent adoptive home study, the foster parent re-licensing study, the original foster home study, a memorandum from Tom Waltz, foster child licensing counselor, dated January 8, 1997, a memorandum from Tom Waltz dated August 19, 1994, and a memorandum from Michele Shaner, foster care counselor, dated October 5, 1994, and the individual recommendations of all the committee members. The attachments to the committee's report identified difficulties Petitioners had concerning foster children previously in their care. Those documents related specific concerns based on incidents regarding foster children J.J., H.J., and D.C. The committee identified the following areas of concern for Petitioners: They really do not want to adopt a special needs child. When the adoption counselor pointed out to them on more than one occasion that the type of child they were describing was not special needs, they then said they would consider a sibling group, as long as one of the siblings was a little girl. It appears they have had problems in establishing appropriate parent-child relationships with appropriate boundaries. R.R. and P.R. did not respond appropriately when a foster child in their home was on runaway status; they withheld information from the Department concerning her possible whereabouts. Based on those concerns, the committee unanimously recommended denial of Petitioners' application to become adoptive parents. District legal counsel and the district administrator concurred with that recommendation. Petitioners were notified of the denial. The denial was based upon an evaluation of Petitioners' capacity for parenthood pursuant to the Department's service manual, HRS manual 175-16. The denial letter only cited Petitioners' demonstrated problem in establishing appropriate parent-child relationships with appropriate boundaries. Parenting a special needs child is more complicated and demanding than parenting a child without special needs. For the most part, special needs children come to the Department after they have been removed from or abandoned by the parents or other guardian. They often come from abusive or neglectful homes. Many special needs children have emotional and behavioral problems. The various problems a child may have differ with each child. Generally, special needs children, and probably all children, need clear and consistent boundaries with enforced structure in their daily lives. The required amount of boundaries and structure will differ from child to child. Each child's individual problems must be dealt with in a consistent manner. In fact, the Riches are very familiar with the varying problems and difficulties associated with special needs children and have dealt with each child they fostered in appropriate ways. Importantly, at no point in this review process was a specific child being considered for adoption. Because there is no specific child's needs under consideration, this case does not encompass whether a specific child would be a good adoptive match with Petitioners. Additionally because there is no specific child's needs under consideration, whether Petitioners could theoretically meet the theoretical needs of any and all special needs children is not the issue in this case. This case only encompasses whether Petitioners demonstrate the qualities expected of good parents. Ronnie Rich and his wife Pamela Rich have been married for 29 years. Mr. Rich has been employed with the Pensacola newspaper since 1982. He often works at night. Although Petitioners never ruled out the possibility that Pam Rich might become pregnant, they had discussed adoption from the very start of their relationship. They both felt there were too many kids in the world already who needed somebody. The Riches are very family oriented and participate in their church and church-sponsored activities. Ms. Rich is politically active in various social causes. They are somewhat "counter-culturish." Neither Ms. Rich's activism, nor the Riches' religious views have been pushed on any foster child in their care. Both Riches are very caring individuals. The Riches became interested in fostering because of an incident that occurred in 1983 with a young child who lived behind them. The child eventually ended up in protective placement. During the process, the Riches met with Janice Jeffcoat who performed the investigation concerning their neighbor. Later they decided to become foster parents with the intention of having the neighbor's child placed with them. For reasons not related here, the placement did not occur. Once the Riches began fostering children, they found that they had a knack with the kids they were fostering. At the time they decided to adopt a special needs child they had had a few years experience with special needs children. The Riches recognized that special needs children can be the hardest children to care for. Petitioners' first foster child was H.J, a 15-year-old female child. H.J. was known as a difficult child to place anywhere. She was particularly difficult for new and inexperienced foster parents. Petitioners describe H.J. as "a shocker." H.J. was known to say things to people just to see what kind of rise she could get from them. She would lie down in the hallway as if she were dead when someone opened the front door. She once told a dinner guest, Reverend Hawkins, that she was part of a group that sacrificed animals. H.J. had a history of violence with her step-mother and with her brother. The family had several knock-down-dragout fights, involving serious physical violence. H.J. had serious emotional and mental health problems. She often tantrumed, lost control of her behavior, injured herself, damaged property, and verbally abused others. This behavior was exhibited during her stay at the Riches. None-the-less, H.J. stayed with them for 5 months. During H.J.'s time at the Riches' home, she was seeing Chris Guy in therapy. The Riches supported and participated in that therapy. In fact, H.J. made progress in controlling herself while under the care of the Riches. Her behavior deteriorated when she learned that she was going to be placed with her uncle in Alabama. Finally she was removed from the Riches' home when one night she became uncontrollable, self-injurious, destructive, and threatening toward Ms. Rich. She ended up in the hospital, where the Riches stayed with her until three o'clock in the morning. After a short placement with another foster home, H.J. was placed with her uncle in Alabama. The Department's concerns as to H.J., were that Pam Rich had taken H.J. to hear a band at a restaurant where alcohol was served; used the term "jail bait"; allegedly encouraged H.J.'s interest in the occult; allegedly encouraged H.J. to explore her lesbian feelings; and stated a favorable opinion on the legalization of marijuana. H.J. did not testify at the hearing regarding the validity of the Department's concerns or her perception of the Riches' behavior or lifestyle. Moreover, all of these concerns were investigated by the Department with subsequent recommendations for relicensure as foster parents. During the course of her stay with the Riches, H.J. wanted to go see a band that was playing at a popular restaurant in town. Ms. Rich agreed that H.J. could go to the performance as long as Ms. Rich accompanied her. While there Ms. Rich drank one glass of wine in the presence of H.J. During a break, an older man with the band began to "hit" on H.J. in an attempt to pick her up. The man's English was not very good. In an effort to quickly terminate the man's pursuit, Ms. Rich told the man that he needed to leave because H.J. was "jail bait." She used the term to make the man understand his attention was not wanted and that he should go away. The man promptly left. Ms. Rich did not intend the term "jail bait" to be derogatory to H.J. She intended to use the term to communicate very quickly to the man in a language he could understand that serious consequences would ensue if he continued to pursue H.J. There was no evidence that H.J. found the remark offensive or derogatory. There was also no evidence that H.J. needed to be protected from an adult appropriately having a glass of wine. At some point during her stay with the Riches, H.J. elected to participate in the Riches' church and some of its church-sponsored functions. Ms. Rich and H.J. attended a chaperoned youth conference sponsored by the church in south Florida. Unknown to Ms. Rich, H.J. was "hit on" by another girl at the youth conference who allegedly was gay. Upon returning home, H.J. told Ms. Rich about the incident. Ms. Rich asked H.J. if the incident bothered her. H.J. said that it didn't. Ms. Rich told H.J. about a triangular pendant she wore that indicated that it is okay that another person is gay, but that the wearer of the pendant is not gay. The pendant is known as a PFLAG pendant. PFLAG stands for Parents and Friends of Lesbians and Gays. Afterward, H.J. on her own bought a PFLAG pendant at the Crystal Center where she took yoga classes. Additionally, at some point, H.J. asked Ms. Rich how she would react if she told her she was gay. Ms. Rich told H.J. that it would be okay. H.J. then informed Ms. Rich that she was not gay; Ms. Rich told H.J. that not being gay was okay too. Ms. Rich only had these discussions at H.J.'s prompting. Ms. Rich did not initiate H.J.'s discussions about homosexuality. She did not encourage H.J. to purchase a PFLAG pendant. On another occasion, after hearing a song by a popular group about legalizing marijuana, H.J. inquired about the Riches' position on the subject. The Riches explained that while it might be a sound policy to legalize marijuana and treat it more like alcohol, alcohol and marijuana were illegal substances for a teenager and were strictly prohibited in their family. H.J. then changed the subject and moved on to other things. There was no evidence that H.J.'s parental needs included a boundary excluding honest discussion of homosexuality or marijuana when H.J. raised such. Teenagers will raise controversial issues with the adults who are significant in the teenagers life. The Riches' responses were not inappropriate. Again these facts do not support the conclusion that either Rich demonstrated an inability to set appropriate boundaries for a special needs child. Finally, H.J. had some interest in the occult. The evidence did not show that this interest was serious, but was more of the behavior H.J. used to shock others. When H.J. came to the Riches' she brought a voodoo doll with her. She stapled it to the wall and never moved the doll from that spot. The Riches never saw her use the doll for voodoo purposes. At some point, H.J., like other teenagers, wanted a Ouija board. Mr. Rich purchased a Ouija board for H.J. He did not find it unusual to buy H.J. a Ouija board because he had had a Ouija board when he was growing up. He saw the board as a game and did not associate the board with the occult. The evidence did not show that the Riches used crystals and chanted. The evidence did not show that the Riches encouraged H.J. to use crystals and chant. The evidence did not demonstrate that any of this activity was a necessary boundary which H.J. required to be maintained. Again these facts do not establish that the Riches do not have the ability to set appropriate boundaries for children. After H.J., two sisters from Santa Rosa County were placed with Petitioners. Petitioners were told that nobody in Escambia or Santa Rosa County would take them in. The sisters had been in foster care prior to this placement and an older sister had been removed from the home permanently. The girls' father had a history of violence. The oldest of the two girls placed with Petitioners made accusations of inappropriate touching by the father. The girls had problems as to how they related to each other and discussed things. During the placement, Petitioners, who live in Escambia County, traveled with the girls to and from appointments in Milton, Okaloosa County, Florida; they also attended court hearings with them. The girls were in their care for a few months. No Department concerns were noted for this placement. The next placement to Petitioners' home was K. She came to Petitioners from Turning Point. Turning Point is a facility for young girls with serious behavioral problems. The facility's purpose is behavior modification. K. was a very difficult child. She would be happy and laughing one minute and the next, she would close down. During her stay with the Riches, K. was finishing the program at Turning Point. However, her mother was not prepared to take her back into her home. The Riches were a "gap period" placement between the time K. left Turning Point until her mother could make proper living arrangements with a place for K. During the placement, the Riches worked very closely with various therapists and case workers at Turning Point. Turning Point staff were sometimes in and out of Petitioners' home three or four times a week, visiting K. and holding therapy sessions. Staff would come once a week to see the Riches and to see if they had any problems. K. was reunited with her Mother. The Riches remain friends with K. and her mother and maintain contact with them. The Department did not have any concerns with this placement. After K., J.J. was placed with the Riches. Up to this time, Mr. Rich stated that they had had older female children. J.J. was 2 years, 10 months old upon her arrival at the Riches' home. She stayed with the Riches for 15 months and was 4 years old when she left. J.J.'s problems were not the same as those of the other foster children who had been placed with Petitioners. She had more serious behavioral and emotional problems. She soiled her pants, did not sleep through the night, and had nightmares. She came from a home with a tremendous amount of drugs, alcohol, and violence. Sexual abuse was not an issue with J.J. On one occasion, Mrs. Rich asked J.J. what she was looking for in the hallway. J.J. replied that she was looking for the blood. Later, the Riches learned that her mother had been beaten so severely by her father that there was blood in the hallway. J.J., at the age of three, was in therapy. J.J. improved at the Riches' home. While J.J. was in the Riches' home, it was normal for the Riches to rock J.J. to quiet her before bedtime. It was a period of time for her to stop from the rushing of the day and settle down before bedtime. Her bedtime was fairly early in the evening just after supper. The Department's concern as to J.J. was related to bathing. The child was not yet old enough to be left unsupervised in the bath tub. Therefore, someone had to watch her while she bathed. Most often, Ms. Rich was responsible for supervising J.J.'s bath. Occasionally, Ms. Rich would shower or bathe with J.J. Usually, she would keep an eye on J.J. while J.J. was in the bath tub. About once a month, Mr. Rich supervised the end of J.J.'s bathing. He would keep an eye on her from the hallway. The only time, Mr. Rich was called on to supervise J.J.'s bath was when Ms. Rich had to leave J.J. to begin cooking or take care of some other task which had to be done so that J.J. could get to bed on time. Nothing the Riches did regarding J.J.'s bath was unusual or abnormal. Clearly, given the age of J.J., the Riches acted responsibly in supervising J.J. in the bath. There was no evidence which demonstrated that such a bathing routine was harmful to J.J. or was an inappropriate boundary regarding her, especially since sexual abuse was not an issue with her. The Department came to the same conclusion when it relicensed the Riches as foster parents. Petitioners wanted to adopt J.J. after J.J.'s case worker expressed the possibility to them. However, the Riches were not kept informed of the Department's ongoing efforts to reunite J.J. with her parents. With these mixed signals about whether she would be staying with the Riches on a permanent basis or whether she would be reunified with her mother and father J.J. quickly reverted back to soiling her pants, not sleeping through the night, and having nightmares. J.J. was reunited with her parents. The Riches experienced considerable remorse over the loss of J.J. They felt department staff had misled them and cruelly raised their hopes about adoption of J.J. In October, 1996, after investigation of the above concerns, the Department found the Riches had a lot to offer its special needs children and recommended relicensure. The Riches were found to have used appropriate discipline; were committed to the children placed in their care; provided a warm, friendly, and caring environment to those foster children; and were extremely cooperative with the Department on fostering issues. Two foster care counselors thought they were above satisfactory in all areas of fostering. Before J.J. left the Riches' home, Delores Shelton, formerly known as D.C., was placed with the Riches. She was 16 years old. Beginning with her father, Delores had been passed around among various males in and out of her family. Once her father had left her with another man, he and her mother abandoned Delores and moved to California. At each move to another male who would take care of her, Delores was mentally, physically, and sexually abused. At age 15, she ended up with a man who was 26. They had a child together, but were not married. One day they had a fight. The Department was called to take Dolores and the infant child into custody. At that point, prior to placement with the Riches, Delores was moved from foster home to foster home. Delores was diagnosed with severe post-traumatic stress disorder. She also was diagnosed with a drug and alcohol problem. Drug and alcohol abuse is not uncommon for teenagers with post-traumatic stress disorder and Delores' behavior was out of control. Delores was a chronic runaway. The Riches knew Delores from a prior placement with another foster parent. They were aware of her problems. At the time of transfer to the Riches, Betsy Thomas, from the Department, told them that Delores may or may not stay the whole night. Significantly, Delores never ran away while in the care of the Riches. The Departments concerns as to Delores were that Mr. Rich had rocked Delores in a rocking chair with her in his lap, Petitioners placed her in a bed with them during an episode in which she threatened suicide, had attempted to interfere in her treatment, inappropriately kissed her in saying goodbye and failed to disclose Delores' whereabouts to the Department when she had run away. Delores and J.J. were very close. They referred to each other as sisters and shared a room. On one occasion, while Mrs. Rich was cooking dinner, and Mr. Rich was rocking J.J., Delores was sitting on the couch and started making comments such as "Well, I've never been rocked, my parents never rocked me. They never did that for me, but we do it every day for J.J., and sometimes rock J.J. more than once. But, you know, you all are all the time rocking her, but I've never been rocked." At that time, Petitioners didn't know quite how to respond to Delores' request to be rocked. Mr. Rich told Delores that they would talk about it at another time. The next day she mentioned it again. So in full view of Mrs. Rich, Mr. Rich rocked Delores for no more than five minutes. After that occurrence, Petitioners discussed the rocking of Delores and decided that an afghan and/or small quilt would be placed on Mr. Rich's lap between him and Delores. Petitioners discussed the rocking with Jean Lenhert, Delores' counselor. Ms. Lenhert agreed that it was the appropriate thing to do for Delores. Delores had regressed emotionally to a younger age, and she was seeking out affection from the people she viewed as her parents. The rocking of Delores occurred no more than a half a dozen times. The rocking helped Delores. It calmed her down and relaxed her. Mrs. Rich tried to rock Delores on one occasion but it was to painful for her since she suffers from arthritis and Delores weighed somewhere between 110 to 120 pounds. Under these circumstances, the Riches acted appropriately in handling a situation which had arisen. The Riches were aware that they did not want to encourage Delores to seek affection in inappropriate ways as she had done prior to becoming a foster child. Generally, maintenance of personal space and appropriate and limited demonstrations of affection are important for a child who has been sexually abused. These factors are the reason they sought guidance on the matter from Ms. Lehnert. Moreover, the Riches' judgment in this matter was correct since it did indeed help Delores through a regressive period. Given these circumstances, this incident does not demonstrate that Petitioners are unable to develop appropriate boundaries in a parent-child relationship. Ms. Lehnert testified that she noticed a change in Delores after she was placed with the Riches. Delores told Ms. Lenhert that she felt like she had a home with the Riches. Delores stayed at the Riches' home and quit running away. Although she continued to use drugs and alcohol, it was not as extreme a use as her use in the past. Delores was trying to get off the drugs and alcohol. The Riches participated in the therapy sessions when they were asked. They would ask to speak with Ms. Lehnert to let her know what Delores' behaviors had been that week. Such involvement was appropriate. In fact, Ms. Lehnert asked all parents, foster and biological to be so involved in a child's treatment. Ms. Lehnert testified that Petitioners did everything she asked of them. If they weren't sure of something, they would always call her. Ms. Lehnert testified that just being in Petitioners' house brought Delores a sense of security and a comfort level. When Delores was taken out of Petitioners' home, she ran away and reverted to her old behavior. Delores never felt threatened or that the Riches behaved inappropriately towards her. She reported that she felt safe in their home. Dolores testified that upon arriving at the Riches' home, they went over the rules with her. At first, she tried to break the rules to see what would happen. She stated that the Riches always talked to her about how they felt when she broke the rules. She said she later started following the rules because she felt comfortable at the Riches; she knew they wouldn't just kick her out because she broke a rule. Significantly, Dolores testified that until she arrived at the Riches' home, she never felt a sense of security in any home. She stated that the Riches showed that they cared. They cared about her going to counseling and getting help to get her life together. She testified that in other homes she was not cared about but just there for the money. Dolores testified that the Riches treated her like a member of their family. To this day she calls them mom and dad. She considers them her real parents because they treat her like their daughter. Delores was very withdrawn and very untrusting when she was first placed with Petitioners. After some time, she became more trusting. Soon the Riches could count on Delores to help around the house. During her placement there was one occasion when Delores was placed in the bed between Petitioners; it was Thanksgiving weekend. Petitioners, Delores, and another foster child visited Ms. Rich's parents outside Spanish Fort, Alabama. After some time there, Petitioners noticed Delores appeared to be stoned. Petitioners discovered that Delores had gotten into Ms. Rich's mother's medicine cabinet. She had found an old Valium prescription and had taken some of the pills. Delores was caught trying to break into Ms. Rich's traveling case where she kept her arthritis medication. She also had tried to get into Ms. Rich's father's medication used for his heart condition. Delores clearly needed some professional help. Petitioners did not want to take Delores to an Alabama hospital because they had learned from the MAPP class that you should always avoid getting another Department involved if necessary. Baptist Hospital in Pensacola was the closest hospital known to the Riches, so they took Delores there. Upon their arrival and assessment of Delores, the medical staff told the Riches Delores did not meet the criteria to be Baker-acted. She was sent home with the Riches. Petitioners drove home and called Les Chambers and Betsy Thomas two foster care counselors. Neither answered and the Riches left messages on their answering machines. Mr. Rich drove back to Spanish Fort to collect their things and retrieve the other foster child whom they left with Ms. Rich's sister, a special education teacher. The trip took approximately 4 1/2 hours. When he returned, the other child was put to bed. Delores was manic. She was walking in circles. Delores had told Ms. Rich that she knew how to commit suicide by slicing her wrists. She said she would show Ms. Rich how it was done, so Delores drew a streak with a pen from her wrist to her elbow. Ms. Rich stated that prior to that, Delores' suicide attempts had been scratches, laterally across her wrist. This was the first time she showed the "correct" way to slice her wrists in order to commit suicide. At some point, Delores walked into the kitchen. Ms. Rich realized that Delores was going to get a knife. Mrs. Rich ran to the kitchen and grabbed Delores' wrist as she was grabbing for a knife. Petitioners were very concerned and frightened that Delores would try to kill herself. It was 3 or 4 o'clock in the morning, and they were "dead on their feet." They had heard nothing from anybody, and were at a complete loss as to what they should do. The Riches feared they would fall asleep and Delores would kill herself. They were afraid that if they put her to bed in another room she would kill herself. These fears were legitimate. The decision was made that the safest place for Delores was in the bed between the Riches under the covers, with Petitioners on top of the covers. Everyone was fully dressed. Delores made it through the night. Betsy Thomas called the following afternoon and told them to tough it out. Mr. Chambers did not call until sometime the following Sunday. Eventually, Delores was admitted to the Baptist Adolescent Stress Unit at Baptist Hospital. Upon being released from the Baptist Adolescent Stress Unit, Petitioners picked Delores up. Mr. Rich picked up a birthday cake for Delores because the Riches thought she would be staying with them. Upon arriving home there was a message from Les Chambers to deliver Delores straight to FIRS. There was no reason given as to why Delores was being removed from Petitioners' home. Delores was next placed at Willow Edge's foster home. Even though Delores was no longer in the care of Petitioners, she continued to call them. She called Petitioners while at Ms. Edges' and told them she stayed up all night doing drugs with one of the other people in the home. While Delores was at Ms. Edges' home a local mall held a shopping spree for foster children on December 14, 1996. Ms. Eastlack observed Ms. Rich create a scene with Delores and her new foster mother. Ms. Rich was crying and attempting to hug and talk to Delores; Delores was ignoring Ms. Rich. Delores was angry about being placed in another foster home. Ms. Rich shook her fist in the other foster mother's face, raising her voice at the foster mother. Ms. Rich was chastising the foster mother for permitting Delores to use drugs and stay up all night at her house. Ms. Rich was upset by the reports Delores had given the Riches of her activities at her new foster home, and she was concerned for Delores. Ms. Rich eventually was encouraged to leave by someone with Ms. Rich who tugged on her arm to get her to leave. While this episode was an emotional response, one such outburst does not reflect unduly on Petitioners as potential adoptive parents. It does show how much Ms. Rich cares about the children in her life. After Ms. Edge's home, Delores was moved from several different foster placements. Eventually, she was taken to Lakeview Center and then to Meridian. Meridian is a long-term residential psychiatric care facility for children and adolescents typically between the ages of 8 to 18, to work on their behavioral and emotional problems as well as substance abuse issues. It is a voluntary, residential facility for children. Stays are typically anywhere from three months to a year. Delores, stayed at Meridian for approximately 20 days, ran away, was returned, stayed another two weeks at maximum and ran away again. During the second time Delores ran away, the Riches received a call from Delores telling them she had run away because she couldn't stand Meridian anymore. She asked that they not be mad at her. She made several telephonic contacts with Petitioners. Petitioners were very concerned for Delores' safety on the streets; they feared she would revert to her old habits of trading sex for support. They encouraged her to return to Meridian and offered to pick her up and return her to Meridian. They stressed to her to stay clean and sober. At no time, did Delores reveal her location to Petitioners. She knew if she did Petitioners would tell the Department about her location and she would be picked up. At one point, Delores was desperate for money. Mr. Rich wrote Delores a letter enclosing some money and a phone card. He mailed it to an address she had stayed at. Delores did not tell Petitioners about this location until after she had left. At the time the letter was mailed, Mr. Rich did not know where Delores was and took a chance in the hope that she would get the letter. The evidence did not demonstrate that Petitioners withheld any information on the whereabouts of Delores after she ran away from Lakeview/Meridian. They did not know where she was. Delores remained on her own for several weeks, occassionally calling the Riches. She finally agreed to turn herself in. Petitioners picked Delores up, took her to lunch, bought her some clothes, since other than what she had on, she had none. They then took her to Meridian. The Riches met with Dr. Kimberly S. Haga. Dr. Haga, Ph.D., is a licensed psychologist. She was employed at Lakeview/Meridian from November 1, 1996 through January 28, 2000. Dr. Haga met with Petitioners during a two-hour meeting. Mr. Rich thought the meeting lasted only about 45 minutes. From the beginning, the meeting was hostile. Even though she did not know the Riches and the history outlined here, the meeting opened with Dr. Haga stating that the Riches had a very dysfunctional family. Although Delores was not placed with Petitioners at the time they returned her to Meridian, the Riches asked to be a part of her treatment. Petitioners knew they had formed a relationship with Delores, and believed it would be to her benefit if they participated. Moreover, Delores had requested their participation. Whether or not Delores returned to their home was unimportant; Petitioners wanted to see Delores get appropriate treatment. Dr. Haga thought Petitioners "insisted on being a part of the treatment process" and "insisted upon dictating the terms of treatment." Dr. Haga opined that such insistence by Petitioners was inappropriate. However, Delores at the time and date viewed Petitioners as her parents. Petitioners were the only foster parents who did not have problems with Delores' running away. Dr. Haga was also not privy to the numerous conversations the Riches had with Delores about staying in treatment. One statement out of context does not show the Riches acted in a manner inappropriate for a parent-child relationship or that inappropriate boundaries had been established for Delores. Additionally, the Riches did not encourage Delores to be overly dependant on them. At the end of the meeting, Dr. Haga observed Mr. Rich embrace and kiss Delores on the lips in saying goodbye. It was not a sexual kiss. Delores did not interpret the kiss as anything other than saying goodbye to her parent. Petitioners also told Delores that she was welcome at home at any time. The Riches wanted Delores to know that they cared, that she was not being abandoned, and that she was welcome in their home when her treatment was complete. In the doctor's opinion, Petitioners did not demonstrate appropriate parenting skills. These opinions are not credited given the surrounding facts of the incidences referenced. Because Delores had taken another younger child with her each time she had run away from Meridian, Delores was eventually denied admission to Meridian upon her return. After Meridian, Delores moved from foster home to foster home about every two to three weeks. Throughout she kept in touch with the Riches. Delores told Petitioners that she wanted to come home. They explained to her that they had no standing, and that she could not come back to their home until she was 18. At that time she was legally old enough to make her own decision. Petitioners received a phone call from Delores telling them that the Department was putting her on a plane to California to live with the parents who had abused and abandoned her. She was 17 years old. While in California, Delores stayed in contact with Petitioners; she quickly was back on the streets engaging in her old behaviors. When Delores turned 18, Petitioners, at Delores' request, sent her an Amtrack ticket to Crestview, Florida. Delores returned to the Riches' home. She has since married, become sober, and lives with her husband. The last child placed with the Riches was R. She was placed with the Riches before Delores left the Riches home. R. was age six when she was placed with the Riches. She was a part of a sibling group in Protective Service care. R. had been sexually abused. R's knowledge of anatomy and love was clearly inappropriate for her age. For that reason, Petitioners followed very strict rules for her that they had not really had to follow with J.J. They never bathed R. or supervised her in the tub. Petitioners worked closely with Donna Story and Chris Guy, R.'s therapists. Mr. Rich testified that R. was such a needy child that they had to have the professional guidance of Ms. Story and Ms. Guy because what R. had been through was so devastating. R. received therapy twice a week through Ms. Story, her therapist at Bridgeway. Ms. Story would come to the Riches' home once a week, and the Riches would take R. to a session once a week. The Department had no concerns regarding this placement. Petitioners gave each child entering their home their own flashlight immediately upon their arrival because they knew they were entering a strange home. They wanted the children to have a sense of security to be able to get up and find a bathroom or simply find their way around the house in the night. The first day of a child's placement, Petitioners let each child settle in, showing them their rooms and the home. As time went on, Petitioners went over the rules of the house. They sat each child down and explained what was and was not expected of them. A lot of the information for the rules came from the MAPP class Petitioners had attended; the other rules were their personal rules. Each child knew exactly what was expected of him or her, and knew what was appropriate and inappropriate behavior. The Riches maintained an open-door policy with the Department and made sure that every case worker knew that he or she was welcome at any time. Christine Guy holds a Master's degree in counseling and psychology. As indicated earlier, Ms. Guy worked with the Riches throughout the time they were foster parents. She testified in favor of adoption by Petitioners. In 1994, the first year Petitioners were foster parents, her initial opinion about Petitioners as foster parents was not favorable to Petitioners. She stated in a letter dated October 7, 1994, "I'm unable to recommend that any additional foster children be placed with the R.R.'s regardless of age, due to their need to completely assimilate and their reluctance to work toward reunification with the biological family." The letter was prepared as a comment for the relicensure of the Riches as foster parents. However, the issue of aiding in reunification is not related to whether Petitioners would make good adoptive parents. Over the years, Ms. Guy visited Petitioners' home and found it to be clean, well-maintained and appropriate. She also knew them to establish rules for their foster children. She knew some of the rules as they pertained to the children that she was seeing that lived in their home, and found them to be very appropriate. She witnessed them grow as foster parents. She feels the Riches have acquired the skills necessary to be good foster parents. As stated by Ms. Guy in her testimony, "Having somebody that cares a whole lot is really hard to look at as anything but positive." Indeed Ms. Guy feels Petitioners would make good parents and good adoptive parents of a special needs child. Jeannie Lehnert has a Master's degree in counseling and human development. She is a licensed and nationally certified counselor. She also testified in favor of adoption by Petitioners. Ms. Lehnert has been working with emotionally and mentally handicapped children since 1993. She maintains a private practice in Crestview and Fort Walton, and also teaches for the Okaloosa-Walton Community College. Ms. Lehnert has known Petitioners since late 1995. She has observed their interaction with many of their foster children. Ms. Lehnert thought the Riches were the best foster parents in the county because they took a child into their home and into their family. They took them with all their bad behaviors and all their good behaviors. Ms. Lehnert was familiar with the rules of Petitioners for their foster children. She believed them to be strict as far as a foster child following the rules. When working with the Riches, Petitioners did everything Ms. Lehnert asked of them; if she asked them to impose certain restrictions, they would. She found Petitioners to be very open-minded to treatment and care-taking suggestions. Ms. Lehnert witnessed Petitioners' affections toward their foster children. She saw them hug them, pat them on the back, tell them they did a great job, and tell them that they cared about them. She found their affections to be very appropriate. The Riches did not cause the foster children in their care to become overly dependant on them. They accepted each child unconditionally. Petitioners did not favor one child over another child. They treated the children according to their ages and gave them privileges according to their ages; exactly the behavior a good parent would do. In fact, the evidence demonstrated that the Riches' would make good adoptive parents. They have and had the skills necessary to establish appropriate boundaries in a parent-child relationship based on the needs of a particular child and had in the past established such boundaries. Whether a particular adoptive match can be found is left to the future. Petitioners' application to become adoptive parents should be granted.
Recommendation Based upon the findings of fact and conclusions of law, it is RECOMMENDED: That Petitioners' application to become adoptive parents be granted. DONE AND ENTERED this 1st day of August, 2001, in Tallahassee, Leon County, Florida. DIANE CLEAVINGER 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 1st day of August, 2001. COPIES FURNISHED: Christopher P. Saxer, Esquire Christopher P. Saxer, P.A. 126 Eglin Parkway, Northeast Fort Walton Beach, Florida 32548-4917 Eric D. Schurger, Esquire Department of Children and Family Services 160 Governmental Center, Suite 601 Pensacola, Florida 32501 Virginia A. Daire, 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 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700
