The Issue In a letter dated February 17, 1998, the Department of Children and Family Services(DCFS) notified Lois Kelly that DCFS intended to revoke her foster home license for five specified reasons. Later, during the course of pre-hearing discovery, DCFS narrowed the issues to three violations: A substitute care parent must not use corporal punishment of any kind. 65C-13.010(l)(b)5f, Florida Administrative Code (FAC). You have used corporal punishment to discipline the children in your care. More specifically, the children report that you routinely slapped them and hit them with a "switch." . . . The home and premises must be free from objects, materials, and conditions which constitute a danger to children. 65C-13.011(12)(b), FAC. The yard area was full of trash, the boys' room smelled of urine and there were roaches crawling around at the time the licensing representative visited the home. . . . A substitute care parent must not punish children for bed-wetting for errors during the toilet training process. 65C-13.010(l)(b)5i, FAC. Children in your care were punished by corporal punishment for bed-wetting. The issues in this proceeding are whether those violations occurred and if so, whether they constitute bases for license revocation.
Findings Of Fact Respondent, Lois Kelly, was licensed as a foster home by the Department of Health and Rehabilitation Services (HRS) on September 29, 1995. She was a working, single woman who had raised one child, now an adult son, who lives on his own. HRS was the predecessor to the agency now known as the Department of Children and Family Services, the Petitioner in this proceeding. Ms. Kelly's foster home license was for three children; the maximum number of children under any foster home license was five. However, at various times during the two years that she was licensed, Ms. Kelly cared for four, six, and (for one weekend) eight children placed with her by HRS foster care workers. Juanita Warren White was assigned to be Ms. Kelly's foster home licensing representative in 1996. Ms. White visited the Kelly home three times: July 11, 1996; August 1, 1996; and September 24, 1996. On her first visit Ms. White noted wet carpet and a strong smell of urine. There was wet carpet hanging outside. The toilet in the children's bathroom had overflowed after one of the boys hid a toy in the commode. In addition, there was an appearance of general disarray, including garbage in the garage where the children played. By the September visit, Ms. Kelly had corrected the series of items noted as problems by Ms. White. Ms. Kelly was relicensed for another year. Karen Norton was assigned as Ms. Kelly's licensing representative in 1997. After one unsuccessful attempt when Ms. Kelly was not home, Ms. Norton's first home visit was April 11, 1997. On this date, there were four foster children residing with Ms. Kelly: J. and B., pre-school toddlers; K., 8 years old; and H.J., 9 years old. The bedroom shared by the two young boys was cluttered with toys and clothes; a roach was crawling up the wall. In the bedroom shared by the older boys, there was a strong odor of urine. One of the boys was a bed-wetter. Ms. Norton also observed a bleach bottle stored on the kitchen floor within reach of the children. She found the garage had a seating area with a sofa and TV set that was turned on. The garage included tools and yard equipment. She observed trash and an old grill/smoker in the backyard and a discarded refrigerator turned to the wall with a make-shift basketball hoop set up in the refrigerator coils. After completing her inspection, Ms. Norton advised Ms. Kelly that the trash would have to be picked up, the bleach stored properly, the refrigerator and cooker disposed of, the urine cleaned up, and a bug extermination scheduled. Ms. Norton returned on May 6, 1997, for an unscheduled visit. The trash was gone, but the refrigerator remained and Ms. Kelly said it would be removed within a week. There was no urine odor in the boys' bedroom and Ms. Kelly told her that she required the bed-wetting child to clean his bed with bleach water. Ms. Norton explained that it was inappropriate and dangerous to have a child use bleach for cleaning. Ms. Norton was concerned about hazardous conditions in the Kelly home, including the obvious use of the garage as a play-room. Some time between May and September 1997, HRS learned that Ms. Kelly was using corporal punishment on her foster children. The children were removed from her home and after being told that she would be charged with child abuse, Ms. Kelly agreed to give up her license; no children have been placed in her home since September 1997. At hearing, Ms. Kelly confirmed that she would not have relinquished her license without the threat and that she still wants to be a foster home parent. The agency has proceeded with a license revocation and provided notice and opportunity for a hearing in its letter dated February 17, 1998. Two children, former foster child residents in Ms. Kelly's home, testified at hearing: L.D.-age 11; and C.W.-age The testimony of both children was credible regarding discipline used by Ms. Kelly. Ms. Kelly disciplined two pre-school aged boys by switching them on their legs or hands with a switch from the yard. The 3 year-old cried; the 5-year old did not cry. Punishment occurred when the boys broke something belonging to Ms. Kelly. On another occasion Ms. Kelly came home and found that L.D. had been tussling with a 5-year old boy and had ripped the boy's underwear, which L.D. claimed was his. Ms. Kelly took L.D. into the hall outside the bedroom and swatted him on his arms, legs and waist with her open hand. She continued hitting him when he was on the floor. He was afraid and cried. Ms. Kelly also spanked K.H. on at least two occasions for wetting his bed. She used her hand to hit him. She also continued to require him to clean up the urine with a rag and bleach. Ms. Kelly was trained and given hand-outs regarding appropriate discipline prior to her licensure as a foster home. She understood that she was never permitted to strike the children or use any form of corporal punishment. Corporal punishment is harmful to foster children even when it is not excessive, as many foster children have come from abusive environments.
Recommendation Based on the foregoing, it is hereby, RECOMMENDED: that the agency issue its final order revoking the foster home license of Lois Kelly. DONE AND ENTERED this 25th day of February, 1999, in Tallahassee, Leon County, Florida. MARY CLARK 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 25th day of February, 1999. COPIES FURNISHED: Timothy Straus, Esquire Moyer and Straus 2627 West State Road 434 Longwood, Florida 32779 Carmen Muniz Sierra, Esquire Department of Children and Family Services 400 West Robinson Street Orlando, Florida 32801 Gregory D. Venz, Agency Clerk Department of Children and Family Services Building 2, Room 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 John S. Slye, General Counsel Department of Children and Family Services Building 2, Room 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700
The Issue The basic issue in this case is whether the Respondent, Donna Vermeulen, is eligible to be relicensed as a family foster home.
Findings Of Fact The Respondent was licensed as a family foster home in Dade County, Florida, for approximately 19 years. The Respondent had received all of the training that was required for such a license. In 1997, Rosemary Bridges was a foster care counselor employed by the DCFS. In June of that year, Ms. Bridges was assigned to be the foster care counselor for three of the four foster children who were living with the Respondent at that time. Shortly after her assignment as foster care counselor for those children, Ms. Bridges made her first visit to the Respondent's home to check on the status of the children. On her fist visit to the Respondent's home, Ms. Bridges found the home to be untidy and unclean. There were clothes everywhere, dishes piled up, and no linen on the children's beds. The children all looked unkempt. The hair was not combed on any of the children. Ms. Bridges thought the general condition of the Respondent's home was potentially hazardous to the health of the foster children and she considered the possibility of removing the foster children from the home. On the day of Ms. Bridges' first visit, a therapist was also present. Ms. Bridges and the therapist discussed the situation with the Respondent. On that day the Respondent's arm was in a cast, and the Respondent explained that, because she had a broken arm, she was not able to take care of the house and the foster children as well as she usually did. The foster children had been with the Respondent for a long time, and the Respondent wanted them to continue to stay with her. Following the discussion with the Respondent, Ms. Bridges decided not to remove the foster children from the Respondent's home. Instead, Ms. Bridges made arrangements with the Children's Home Society for the Respondent to receive services for herself and for the foster children. Ms. Bridges returned to the Respondent's home a month later. The condition of the home was the same as it was during the June visit. The foster children were again unkempt and unclean. At the time of the visit, Ms. Bridges was also concerned about reports of inappropriate activities involving the foster children and one of the Respondent's two sons.2 Ms. Bridges and the children's therapist continued to work with the Respondent in an effort to improve the situation in the Respondent's home. Sara Leidtke is a mental health counselor who works primarily with children in foster homes, doing intensive on-site therapy. In February of 1997, Ms. Leidtke began providing therapy to three of the foster children in the Respondent's home. Ms. Leidtke continued to provide therapy twice a week to those children while they were living with the Respondent.3 All three of the foster children were supposed to be taking medication prescribed by a physician at the clinic where Ms. Leidtke worked. The medication was to treat hyperactivity and depression. One of the foster children was having nightly episodes of bed-wetting. On numerous occasions Ms. Leidtke recommended that the Respondent take that child to the enuresis clinic for treatment. The same recommendation was made by the physician who was treating the child's psychological problems. The Respondent never took that foster child to the enuresis clinic. From February of 1997 through August of 1997, Ms. Leidtke was concerned about the personal hygiene of the three foster children to whom she was providing therapy services. Ms. Leidtke described her concerns in the following words:4 All three of the children exhibited poor hygiene while in the Vermeulen home. Their clothes were often soiled, their hair dirty, and they were often unbathed with a strong body order. This therapist worked with them on this and gave Mrs. Vermeulen a hygiene checklist to utilize with them. The children spent a great deal of time working on this during therapy, but this therapist had difficulty getting Mrs. Vermeulen to follow through with checklists on days that therapy did not take place. On a number of occasions, the children stated that they were not able to attend to their hygiene because they did not have toothbrushes or other personal items. [J.] stated numerous times that she did not ever wash her hair, and that she did not use deodorant/antiperspirant because the family shared one roll-on deodorant and she did not want to use it or could not find it. When asked about these difficulties, Mrs. Vermeulen stated that the children were lying and that she was waiting on a check to buy the items that they needed. On two separate occasions, this therapist arranged for a PsychSolutions Activities Coordinator to come to the home to do the children's hair, but Mrs. Vermeulen canceled both appointments. In August of 1997, Ms. Bridges made another visit to the Respondent's home. Again, the condition of the home was the same as it had been on the two prior visits. Again, the foster children were unkempt and unclean. Ms. Bridges decided, primarily because of the lack of improvement in the condition of the home and the lack of improvement in the care of the foster children, that the foster children should be relocated to another foster home. In the course of making arrangements for the relocation, Ms. Bridges discovered a several month supply of prescription medicines for the three foster children. The amount of the prescription medicines in the home confirmed that the foster children had not been taking the medicines with the frequency prescribed by the physician. On August 29, 1998, when Ms. Leidtke arrived at the Respondent's home, she found that the Respondent's other son, M. V., was sitting at the Respondent's home visiting with the Respondent. M. V. is the Respondent's adopted son. In August of 1997, M. V. was 18 or 19 years old. On that day, M. V. had apparently escaped from a residential treatment program, where he had been confined for approximately four years. M. V. was being treated because, approximately four years earlier, he had sexually assaulted one of the Respondent's foster children, as well as the Respondent's adopted daughter. The foster child who had been sexually assaulted by M. V. was still living in the Respondent's home. M. V.'s presence in the home was very upsetting to that child. Later the same day, the police were called and the police returned M. V. to the treatment facility from which he had escaped. On August 29, 1997, the DCFS removed the foster children from the Respondent's home and placed them in another foster home.
Recommendation Based on all of the foregoing, it is RECOMMENDED that a final order be issued in this case denying the Respondent's application for renewal of her family foster home license. DONE AND ENTERED this 15th day of March, 1999, in Tallahassee, Leon County, Florida. MICHAEL M. PARRISH Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 15th day of March, 1999.
The Issue The issue in this case is whether Petitioners should be issued a family foster home license.
Findings Of Fact Based upon the testimony, exhibits, and stipulated facts in the Joint Stipulation, the following Findings of Fact are made: Parties and Process Petitioners, who are husband and wife, submitted an application for licensure as a family foster home. Although this was an application for initial licensure, Petitioners were previously licensed as a foster home from August 2013 to October 2019.1 The Department is the state agency responsible for licensing foster care parents and foster homes, pursuant to section 409.175, Florida Statutes, and Florida Administrative Code Chapter 65C-45. Petitioners voluntarily relinquished their foster home license on or about October 28, 2019, around the time two female foster children, S.W. and H.C.S., were removed from their care. It is unclear whether the children were removed because of an abuse investigation related to H.C.S., or whether they were removed because Petitioners closed their home to foster children. Regardless, Mrs. Gilio testified that they let their license lapse because they needed a break after fostering H.C.S. The Department administers foster care licensing by contracting with third-party private entities. In Circuit 13, where Petitioners are located, the Department contracted with Eckerd Community Alternatives, doing business as Eckerd Connects (Eckerd), to be the agency responsible for facilitating foster care licensing. Eckerd has subcontracted with Children's Home Network (CHN) to facilitate foster care licensing. 1 Petitioners had previously been denied a foster care license in 2009. At the time relevant to Petitioners, the Department used the "attestation" model of foster home licensing. In this model, a private licensing agency with whom the Department has contracted will conduct a home study on the foster home applicants and attest to the applicants' fitness to be licensed. The Department does not have the discretion to deny the license once the licensing agency has attested to the appropriateness of the applicants, except if they have been named as caregivers in three or more abuse reports within five years. If there are such abuse reports, the Department is required to review those reports and make a final decision regarding the application. There is no requirement that the reports result in a finding of actual abuse for them to be reviewed by the Department.2 Although it is unclear when Petitioners submitted their application for the foster care license in this case, sometime in late 2019, CHN conducted and compiled a Unified Home Study (home study), which included Petitioners' background screening; previous reports of abuse, abandonment, or neglect involving the applicants, and references from all adult children. The home study was reviewed at a meeting on December 19, 2019, by Eckerd, through the Committee. The Committee considered the application, home study, and licensing packet and heard from various agency staff. Petitioners were also allowed to voice comments and concerns at this meeting. Had the Committee approved the application, it would have been sent to the Department along with an attestation that stated the foster home meets all requirements for licensure and a foster home license is issued by the Department. However, the Committee unanimously voted not to recommend approval of a foster home license to Petitioners. 2 The categories of findings for an abuse report are "no indicator," "not substantiated," and "verified." "No indicator" means there was no credible evidence to support a determination of abuse. "Not substantiated" means there is evidence, but it does not meet the standard of being a preponderance to support that a specific harm is the result of abuse. "Verified" means that there is a preponderance of credible evidence which results in a determination that a specific harm was a result of abuse. Frank Prado, Suncoast Regional Managing Director for the Department, ultimately decided to deny Petitioners' application for a family foster home license due to their prior parenting experiences, the multiple abuse reports regarding their home, and the recommendation of the Committee. Mr. Prado expressed concern about the nature of the abuse reports and Petitioners' admission that they used corporal punishment on a child they adopted from the foster care system in the presence of other foster children. Petitioners' Parenting History Petitioners have seven children: one is the biological son of Mr. Gilio; another is the biological son of Mrs. Gilio; and five were adopted through the foster care system in Florida. Of these seven children, six are now adults. Three of the adopted children, Jay, Sean, and Jameson, are biological brothers who Petitioners adopted in 2001. Shawna, who was adopted around 2003, is the only adopted daughter. The Petitioners' one minor child, H.G., is a nine-year-old boy and the only child who resides in their home. H.G. suffers from oppositional defiance disorder. Petitioners admitted they adopted Shawna after there had been allegations of inappropriate behavior made against Jay, by a young girl who lived next door to Petitioners. Later, while they were living with Petitioners, Jay, Sean, and Jameson were arrested for sexually abusing Shawna at different times. As a result, one or more of the sons were court-ordered to not be around Shawna, and the other brothers were required to undergo treatment and never returned to Petitioners' home. During the hearing, both Petitioners seem to blame Shawna, who was nine years old when the sexual abuse by Jay in their home allegedly began, for disrupting their home. They accused her of being "not remorseful" and "highly sexualized." Regarding the abuse by Sean and Jameson, which occurred when Shawna was approximately 12 years old, Mr. Gilio stated Shawna thought it was okay to have sex with boys, and it was "hard to watch every minute of the day if they're, you know, having sex." When Shawna was about 19 years old, she filed a "Petition for Injunction for Protection Against Domestic Violence" against Mr. Gilio in circuit court. The Petition outlined allegations of past sexual comments and inappropriate disciplinary behavior from 2007 to 2012, while she lived with Petitioners. Mr. Gilio denied at the hearing having any knowledge about the Petition against him, but admitted he made comments about Shawna's breasts. As part of the application and home study process, the CHN collected references from Petitioners' former foster children and adult children. Shawna (Petitioners' only adopted daughter) gave them a negative reference and specifically stated she would not want female foster children to live with Petitioners. Reports of Abuse Petitioners were involved in 24 abuse reports during their time of licensure between 2013 and 2019. During the past five years, Petitioners were named as either alleged perpetrators or caregivers responsible in eight reports that were made to the Florida Child Abuse Hotline (Hotline). Of those eight reports, five of them named Mr. Gilio as the alleged perpetrator causing a physical injury, one report named Mr. Gilio as the caregiver responsible for a burn on a foster child, and one report named Mr. Gilio as an alleged perpetrator of sexual abuse against a foster child. Mrs. Gilio was named as an alleged perpetrator of asphyxiation as to a foster child. Seven of the reports in the last five years against Petitioners were closed with no indicators of abuse. One of the abuse reports was closed with a "not substantiated" finding of physical injury. In this report, Mr. Gilio was the alleged perpetrator and the victim was H.G., Petitioners' minor adopted son. Additionally, after Petitioners let their foster license lapse in October 2019, a subsequent report was made against Mr. Gilio for improper contact with a former foster daughter. This incident was discussed at the Committee meeting, but it was unclear if this allegation was ever investigated. Corporal Punishment According to the Department's rules, discussed below, foster parents are forbidden to engage in corporal punishments of any kind. In 2019, there were two reports alleging Mr. Gilio of causing physical injury by corporal punishment on H.G. At the time, there were other foster children in the household. Technically, Mr. Gilio was allowed to use corporal punishment on H.G. because he was no longer a foster child and had been adopted from foster care. If a parent uses corporal punishment on a child, there can be no findings of abuse unless the child suffered temporary or permanent disfigurement. However, foster care providers are not permitted to use corporal punishment. More than one witness at the hearing had concerns about the use of corporal punishment against H.G. because of his operational defiance disorder and because other foster children (who may have been victims of physical abuse) were in the household. Brendale Perkins, who is a foster parent herself and serves on the Hillsborough County Family Partnership Alliance, an organization that supports licensed foster parents, testified she witnessed Mr. Gilio treating a foster child in his care roughly. At the time, she was concerned because this was not the way children in foster care (who may have previously been victims of abuse) should be treated. She did not, however, report it to any authorities. The Department established through testimony that the policy against using corporal punishment is taught to all potential foster families. Mr. Gilio, however, denied ever being instructed not to use corporal punishment against foster children or while foster children were in the home. He also claimed that H.G.'s therapist had never recommended any specific punishment techniques. The undersigned finds Mr. Gilio's testimony not credible. Cooperation with Fostering Partners The Department established that decisions regarding foster children are made within a "system of care" which includes input from case managers, guardian ad litem (GAL), and support service providers. The relationship between Petitioners and others working as part of this system during the time of fostering was not ideal; it was described by witnesses as "tense" and "disgruntled." One witness, a supervisor at CHN, testified Mr. Gilio was not receptive or flexible when partnering with other agencies, and was not always open to providing information when questioned. As an example, Petitioners fired a therapist without consulting with the CHN staff or the GAL for the child. At the final hearing, Mr. Gilio continued to claim he did nothing wrong by not consulting with others in the system regarding this decision. Kristin Edwardson, a child protection investigator for the Hillsborough County Sheriff's Office, was tasked with investigating the reports of abuse and neglect against Petitioners that had been reported to the Hotline. She testified she was concerned with the level of cooperation they provided her and other investigators. Although they ultimately would cooperate, Petitioners made it difficult for the investigators and would often "push back" and make the situation more stressful. She described Mr. Gilio as being disrespectful, belittling, and dismissive of her. Licensing Review Committee On December 19, 2020, the Committee, made up of eight individuals, was convened to review Petitioners' application for a foster home license. When determining whether a family should receive a foster home license, the Committee is to evaluate the applicants' background, parenting experience, references from community partners, and the family's openness and willingness to partner. Sheila DelCastillo, a regional trainer with the GAL program, was a Committee member. She had prior knowledge of Petitioners from a report that a foster child's room in Petitioners' home smelled strongly of urine during a home visit and that GAL staff had found a prescription bottle beside the child’s bed that belonged to Mr. Gilio. With regards to Petitioners' application, she read the licensing review packet and home study that contained numerous abuse reports. Ms. DelCastillo was concerned about the 24 abuse reports Petitioners’ received during their time of licensure, the negative reference from Shawna, their use of corporal punishment on H.G., and Petitioners' downplaying of the events that led to multiple abuse reports. Michelle Costley, a licensing director with CHN in charge of level 2 traditional foster homes, also served on the Committee. Ms. Costley has 14 years of experience, with seven of those years spent in foster care licensing. As director of licensing, Ms. Costley was concerned about the number of abuse reports received regarding Petitioners; Mr. Gilio's inability to be open and flexible when working in partnership with other agencies; and the needs of Petitioners' child, H.G. She was also concerned about Petitioners' decision to fire a therapist of a foster child without consulting the GAL or the other individuals involved with that child. Regarding the alleged abuse, Ms. Costley was concerned that most of the reports regarding Petitioners involved allegations of physical abuse, inappropriate touch of a sexual nature, or sexual abuse, with most alleged victims being younger than eight years old. She explained that even though these reports could not be "verified," these types of allegations are harder to establish because testimony by children of that age often is unreliable and there usually must be evidence of physical injury, which no longer is present by the time the alleged abuse is investigated. Ms. Perkins also served on the Committee. Ms. Perkins served as a foster parent mentor, working with foster parents to help them build co- parenting strategies and navigate the system of care. She has been a licensed foster parent for 13 years and has adopted 11 children from foster care. As stated earlier, she was familiar with Petitioners from the Hillsborough County Family Partnership Alliance meetings. Ms. Perkins was concerned with the number of abuse reports with similar allegations, but different victims. She also discussed Petitioners' use of corporal punishment, noting that they could have been using verbal de-escalation methods instead of corporal punishment due to the traumatic histories of many foster care children. Ms. Edwardson also served on the Committee. In addition to her personal interactions with Petitioners, Ms. Edwardson was concerned about the totality of the information presented to the Committee regarding the abuse reports and Mr. Gilio's lack of cooperation. She noted that although they were not substantiated, the number and nature of the reports related to young children were of concern. Based on the Committee notes and transcript of the meeting, Petitioners were allowed to respond to the Committee's questions at the December 2019 meeting. They argued that none of the abuse reports were proven true and any injuries were not their fault. They seemed more concerned about who made the abuse reports and why the abuse reports were called in than whether the foster children were protected in their care. For example, although Mr. Gilio admitted to hitting H.G. with a stick twice as big as a pencil, he denied any bruising was caused by the stick. A report of a burn on another child was explained by Mr. Gilio as an accident that occurred while he was teaching her how to iron; he could not understand why this was reported as possible abuse. Ms. Gilio explained that H.C.S. was a very active child which resulted in her needing stitches and requiring restraint. After hearing from Petitioners, the Committee members discussed their concerns that Petitioners were not forthcoming about the various abuse incidents, and would not take responsibility for any of the injuries or issues raised by the abuse reports. All eight members voted to not move Petitioners' application forward.
Recommendation Based on 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 Families denying a family foster home license to Petitioners, Mary and James Gilio. DONE AND ENTERED this 9th day of November, 2020, in Tallahassee, Leon County, Florida. S HETAL DESAI Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 9th day of November, 2020. COPIES FURNISHED: Anthony Duran, Esquire Tison Law Group 9312 North Armenia Avenue Tampa, Florida 33612 (eServed) Deanne Cherisse Fields, Esquire Department of Children and Families 9393 North Florida Avenue Tampa, Florida 33612 (eServed) Lacey Kantor, Esquire Department of Children and Families Building 2, Room 204Z 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 (eServed) Javier A. Enriquez, General Counsel Department of Children and Families Building 2, Room 204F 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 (eServed) Chad Poppell, Secretary Department of Children and Families Building 1, Room 202 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 (eServed)
Findings Of Fact Respondent was initially licensed to operate a foster home in 1992. In April 1995, her license was renewed. As part of the licensing process, the Respondent signed documents entitled "Agreement to Provide Substitute Care for Dependent Children" and "Discipline Policy", thereby agreeing to comply with the terms of each document. Both of these documents clearly provide that corporal punishment of a foster child is prohibited. On October 30, 1995, Petitioner notified Respondent by letter of its intent to revoke her foster home license and stated, in pertinent part, as follows: This letter is to advise you that your Foster Home license is being revoked, effective November 1, 1995. This decision has been made based on our past concerns about inappropriate child-parent visits, the recent complaint about use of physical discipline, and the altercation on 09/18/95 between you and Foster Parent Veronica King. 1/ At the times pertinent to this proceeding, Respondent provided foster care for three teenage girls under the age of 18 years. On September 29, 1995, Petitioner's abuse registry received a report that Respondent had been physically and verbally abusive to the children in her foster care. The report included allegations that Respondent had hit and knocked down one of the girls in her foster care and that she attempted to return the girl to her natural mother, who had abused her daughter in the past. In response to that report, Petitioner removed the three girls from Respondent's foster care and began an investigation of the allegations. As part of that investigation, Respondent and each of the three girls were interviewed by employees of the Petitioner with appropriate training. The three girls who had been in Respondent's foster care made statements to these employees pertaining to their treatment by Respondent. These statements are hearsay that cannot be used as the sole basis for a finding of fact in this proceeding. 2/ In her interview, Respondent denied that she physically abused her foster children, but she admitted that she intentionally pushed one of the girls to the ground. Respondent violated Petitioner's discipline policy by pushing this girl to the ground. Respondent denied that she threatened to return one of the girls to the girl's abusive mother. Instead, she testified that she arranged for this girl to visit with the abusive mother. There was no competent evidence to dispute Respondent's testimony. Respondent conceded that she talked firmly to the three girls, but she denied that she verbally abused them. There was no competent evidence to dispute Respondent's testimony.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a final order that revokes Respondent's foster home license. DONE AND ENTERED this 2nd day of October, 1996, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of October, 1996.
The Issue The issue in this case is whether the Respondents' application for re-licensure of their therapeutic foster home should be approved.
Findings Of Fact The Respondents have operated a licensed foster home since 1994 and have operated a therapeutic foster home since 2011. The Respondents' foster home was originally licensed under the supervision of Lee County Mental Health Center, which was the local agency responsible for placing children in the home. In 2009, responsibility for supervision of the home was transferred to "Florida MENTOR" (MENTOR), which also assumed the responsibility for placement of children in the home. The children placed in the Respondents' foster home have been between eight and 11 years of age. Children placed in therapeutic foster homes have significant special needs and can be emotionally unstable. A safe and supportive therapeutic environment is required for their protection. The Respondents' license was valid through September 30, 2011. On August 3, 2011, the Respondents applied for renewal of the license. Florida Administrative Code Rule 65C-13.027 requires that changes in a licensee's household composition or employment be reported within 48 hours of the event. When the application was filed, the Respondents disclosed that their adult daughter and her three children had been residing with them for approximately three weeks. Prior to the application, the Respondents had not advised MENTOR that there had been any change in household composition. Mr. Williams became unemployed in December 2010, but the Respondents failed to report the change in the employment prior to filing the application. MENTOR was concerned about the financial stability of the household due to additional residents in the home and the reduction in income related to the loss of Mr. Williams' employment. An applicant for re-licensure of a foster home is required to submit financial information sufficient to establish that the applicant has the resources required to provide a stable household and meet basic expenses. The financial information initially submitted by the Respondents with the application for re-licensure was incomplete and did not appear to be an accurate reflection of household expenses. Attempts by MENTOR to obtain additional information were resisted by Ms. Williams. MENTOR eventually determined that, although the household had sufficient income to support their own expenses, placement of a foster child into the Respondents' home would cause a financial hardship for the family. Foster parents are permitted, with approval of the supervising agency, to add payments received to board a foster child to their income calculation, but the Respondents have not obtained such approval. By the time of the hearing, the Williams' adult daughter and her children no longer resided in the home, but Mr. Williams remained unemployed and was selling scrap metal to obtain income. At the hearing, he testified that his scrap metal income had been declining as more unemployed people began to collect and resell scrap. In September 2011, MENTOR completed the re-licensing study, a 24-page document that outlines the history of the foster home, including abuse reports and licensing deficiencies, and the efforts of the licensee to correct such issues. Rule 65C-13.028(3)(i)2. requires that the re-licensing study include documentation related to the level of cooperation by the licensee with the case plans developed for the child placed in the foster home. The re-licensing study documented MENTOR's concerns about the physical safety of children residing in the home and the Respondents' willingness and ability to provide appropriate support to therapeutic foster children placed in the home. During a significant period in 2011, the Respondents maintained a collection of junk metal and other debris in the yard of the foster home. The junk was apparently being collected by Mr. Williams for sale to scrap dealers. Jodi Koch, a MENTOR therapist who was assigned to work with the children in the Respondents' home, testified at the hearing about her observations of conditions in the home and about her interactions with the Respondents. In November 2010, Ms. Koch observed a child begin to play with a rusty machete that the child discovered in the Respondents' yard, and she so advised Ms. Williams, who expressed her displeasure that Ms. Koch had exceeded her authority as a therapist. Ms. Koch reported her observation to MENTOR personnel. MENTOR officials, including the program director and re-licensing coordinator, discussed the unsafe conditions of the property with the Respondents. Suggestions that the Respondents relocate the debris or otherwise prevent access by children to the debris were initially ignored by the Respondents. On May 2, 2011, MENTOR issued a Written Notice of Violation (Notice) to the Respondents, documenting the hazardous conditions of the property. The Notice was hand-delivered on May 5, 2011, at which time the Respondents refused to read or sign the paper. On May 6, 2011, the Lee County Code Enforcement Authority issued a nuisance citation against the Respondents for the accumulation of junk and debris on their property. The violation was cured on May 13, 2011, but, on June 1, 2011, the Lee County Code Enforcement Authority issued a second nuisance citation for the same violation. That violation was not resolved until November 2011, after the Lee County Code Enforcement Authority had prosecuted the violation through a hearing, and more than a year after Ms. Koch observed the child with the machete. At the hearing, Ms. Williams asserted that Ms. Koch was a therapist and that she had exceeded her authority by reporting the observations of the property to the MENTOR officials, essentially the same position Ms. Williams asserted in 2011 when Ms. Koch reported the situation to MENTOR. The MENTOR re-licensing study also documented the failure of the Respondents to cooperate in therapeutic plans developed for the children placed in the home and to supervise the children properly. Ms. Williams often refused to cooperate with the therapeutic plans and goals Ms. Koch developed for the children in the Respondents' foster home. Ms. Williams apparently concluded that she was better able to address the needs of a therapeutic foster child than was Ms. Koch, but the evidence failed to support such a conclusion. Ms. Williams refused to implement standard behavioral therapies suggested by Ms. Koch and opined that they were a "waste of her time." Ms. Williams refused to allow one foster child to have toys purchased for the child by Ms. Koch. Ms. Williams claimed that the child would have destroyed the toys, but Ms. Koch testified they had been purchased to allow the child to have her own possessions for the first time in the child's life and to develop a sense of responsibility. The Respondents routinely put children to bed at an early hour as a means of discipline and refused to comply with Ms. Koch's direction to develop other disciplinary practices. In one discussion with Ms. Koch at the home, Ms. Williams discussed the circumstances of one foster child in the presence of another foster child, violating the confidentiality of the children. The Respondents failed to contact MENTOR staff to address behavioral issues exhibited by children placed in the home and instead called upon law enforcement authorities to respond when a child refused to comply with their directions. The Respondents failed to supervise one child placed in their home sufficiently to prevent the child from accessing pay- per-view pornography on cable television, resulting in a charge in excess of $700 on one bill. It was clear, based on Ms. Williams' testimony and demeanor at the hearing, that Ms. Williams disliked Ms. Koch. Much of Ms. Williams' presentation of evidence during the February 17 portion of the hearing was directed towards discrediting MENTOR and Ms. Koch. After completing the re-licensing study, MENTOR forwarded the application and study to the Department, which received the materials on October 5, 2011. Notwithstanding the continuing problems between MENTOR and the Respondents, MENTOR recommended in the study that the Respondents' home be conditionally re-licensed. The conditions, essentially intended to increase the possibility that the Department would approve the application for re-licensure, were as follows: Reduction in the licensed capacity from two therapeutic individuals to one therapeutic individual. Unannounced visits to monitor the home in terms of food content, refrigerator temperature, client supervision and safety concerns. Continuing monitoring of the foster parents ability to work in conjunction with service providers regarding the best interests of the child. Monitoring to ensure that the living situation of the additional four residents was resolved within six months. Ms. Williams was dissatisfied with the results of the study, disagreed with the proposed conditions, and refused to accept them. While MENTOR (as the supervising agency) was responsible for the evaluation of the application, the Department has the responsibility for the making the final determination regarding licensure or re-licensure of a foster home. The Department considered the MENTOR recommendation when making the licensing decision. The primary focus of the Department's decision was whether the Respondents could provide an appropriate and safe environment for a therapeutic foster placement. The Department has no financial interest in the decision and had no direct contact with the Respondents. As the regional licensing manager for the Department, Kristine Emden was tasked with the responsibility of reviewing the application and materials. Based on her review, Ms. Emden determined that the application should be denied. Ms. Emden based her decision on the Respondents' lack of cooperation with therapeutic programs developed for the children in their care, their failure to supervise children adequately or to maintain confidentiality regarding the children, and their lack of cooperation with the MENTOR personnel who attempted to resolve the identified deficiencies. Additionally, Ms. Emden considered the Respondents' response to issues related to the hazardous conditions of the premises, the lack of financial resources to support a therapeutic foster placement in the home, and the rejection of conditions proposed by MENTOR in the study. Ms. Emden was unable to identify any remedial measures that would alter the denial of the application for re-licensure. The Respondents failed to offer credible evidence to establish that the Department's denial of the application was incorrect or that the application should otherwise be approved.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Children and Families enter a final order denying the license application filed by the Respondents at issue in this proceeding. DONE AND ENTERED this 19th day of July, 2012, in Tallahassee, Leon County, Florida. S WILLIAM F. QUATTLEBAUM Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 19th day of July, 2012.
The Issue The issue in this case is whether Respondent should deny Petitioners' application for a license to provide foster home care for dependent children pursuant to Section 409.175, Florida Statutes (1999). (All statutory references are to Florida Statutes (1999) unless otherwise stated.)
Findings Of Fact Respondent is the state agency responsible for licensing and regulating foster care in the state. Petitioners were foster care parents until October 5, 2000, when Petitioners voluntarily surrendered their foster care license for medical reasons. Prior to October 5, 2000, Mrs. Williams suffered from high blood pressure and dizziness. She was physically unable to care for foster children and asked that Respondent remove all foster children from her home. Before her medical problems began, Mrs. Williams complained to Respondent that she could not provide foster care for children with behavior problems. Mrs. Williams asked Respondent to remove certain children from her home because they presented behavioral problems with which she could not cope. In March of 2001, Petitioners applied for a new license to provide foster care. Petitioners did not provide any medical evidence, during the hearing or the application process, that Mrs. Williams has recovered from her medical problems. Her medical problems have a long medical history and come and go each year. Mrs. Williams is 62 years old. On the family profile sheet filed with Respondent, Mrs. Williams lists her occupation as "disabled."
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent enter a final order denying Petitioners' application for a license to provide foster care to dependent children. DONE AND ENTERED this 31st day of October, 2001, in Tallahassee, Leon County, Florida. DANIEL MANRY Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 31st day of October, 2001. COPIES FURNISHED: 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 Wilbert and Estella Williams 412 Pine Avenue Sanford, Florida 32771 Craig A. McCarthy, Esquire Department of Children and Family Services, District 7 400 West Robinson Street Orlando, Florida 32801
The Issue Whether Respondent, Delores Wilson, committed the acts alleged in the Administrative Complaint, and, if so, whether her foster care license should be revoked.
Findings Of Fact Respondent was first licensed as a foster parent in Florida, in or about 2003, after she applied for and was granted a foster care license through Camelot Community Care, Inc. (Camelot), a foster parent licensing agency located in Tampa, Florida. Prior to receiving a foster care license through Camelot, Respondent signed a Letter of Agreement with Camelot. Pursuant to the terms of the Letter of Agreement, Respondent agreed to comply with Camelot's policies. Additionally, the letter advised Respondent that if she violated the policies, foster children would be removed from her home, and the Department would make decisions regarding the revocation of her license. After Respondent was licensed, two foster children, T. and D., were placed in her home. T., a girl, was placed in Respondent's home in November 2003, and D., a boy, was placed there in December 2003. In November 2004, Camelot staff met with Respondent to discuss the foster children who had been placed in her home. At the time of this meeting, D. was 15 or 16 years old and T., who was about 18 years old, was pregnant and due to deliver the baby in a few months. D. had a history of sexually acting out. Because of D.'s history, Camelot's policy was that D. not be placed in a home with younger children. In light of D.'s history and Camelot's policy related thereto, during the November 2004 meeting, Camelot staff told Respondent that when T.'s baby was born, the baby could not live in the same house with D. Therefore, Camelot staff advised Respondent that she would have to choose whether she wanted to continue to work with D. (have D. remain in her home) or assist T. with her baby. Respondent was also told to notify Camelot when the baby was born. In December 2004, Respondent was informed that it was likely that T.'s baby would be adopted or put in foster care upon birth due to T.'s extensive disabilities. Respondent had also been told that the baby would not be given to the mother while she was in the hospital. On January 29 or 30, 2005, T., who was then 19 years old, gave birth to her baby at a hospital. It is unknown what happened at the hospital to alter the proposed adoption or foster care plan for the baby. However, while T. was in the hospital, the baby was given to her. On or about February 1, 2005, T. and the baby left the hospital. Both T. and her baby then went to Respondent's home and lived with her. The reason Respondent allowed T. and the baby to stay with her was because she wanted to help T. Despite regular communications with Camelot staff during the time period after the baby was born, Respondent never told anyone associated with Camelot or the Department that T. had given birth to the baby. Camelot found out about the birth of the baby only after being notified "indirectly" by another waiver support coordinator. D's initial placement with Respondent remained unchanged until February 7, 2005, when Camelot first received reports that T.'s baby was living with Respondent. On that day, Camelot removed D. from Respondent's home. On February 16, 2005, Camelot staff, D.'s waiver support coordinator, a Hillsborough Kids, Inc., case manager, and Respondent met to discuss the situation which resulted in D.'s being removed from Respondent's home on February 7, 2005. At this meeting, the subjects of the November 2004 and December 2004 meetings described in paragraphs 4, 5, and 6 above, were also reviewed and discussed. A summary of the February 16, 2005, meeting was reported in a letter dated February 28, 2005, written by Camelot's clinical director, who attended that meeting. A copy of the letter was furnished to several persons who attended the meeting, including Respondent. The letter expressly stated that anyone who had further comments or concerns should contact the clinical director. Respondent never contacted the clinical director or anyone at Camelot regarding the contents of the February 28, 2005, letter. The discussion at the February 16, 2005, meeting focused on D. and the circumstances surrounding his removal from Respondent's home. Camelot staff specifically discussed Respondent's decision to allow T. and T.'s baby to live with Respondent, after being told that this should not happen and her failure to notify Camelot that the baby had been born and was in her home. During this meeting, Respondent never denied the foregoing facts. Rather, Respondent explained that she allowed T. and her baby to stay with her was so that she (Respondent) could help T. As a result of Respondent's failure to disclose to Camelot staff that T. had given birth to the baby and that both T. and the baby were living with Respondent, Camelot placed Respondent's foster home license on inactive status in or about late February 2005. Camelot advised Respondent of this decision at the February 16, 2005, meeting. In addition to placing Respondent's license on inactive status, Camelot also recommended that Respondent not be re-licensed as a foster parent. Respondent's foster care license was set to expire on July 31, 2005. After Respondent's foster care license issued by Camelot expired, she applied to Florida Mentor, another foster care licensing agency, for licensure as a foster parent. Florida Mentor reviewed Respondent's application for foster care licensure. As part of its review, Florida Mentor conducted a home study, the results of which were summarized in a report titled, "Annual Re-Licensing Home Study-2005" (Home Study Report or Report), which was completed on or about October 27, 2005. During the review process, Florida Mentor learned that Respondent had been previously licensed by Camelot and that the license had been placed on inactive status and allowed to expire. Based on information obtained from the Department's licensure file on Respondent and/or information provided by Respondent, Florida Mentor also learned about the circumstances discussed in paragraph 13, that caused Camelot to remove a foster child from Respondent's home and to place her foster care license on inactive status. Florida Mentor staff met with Respondent and discussed the situation involving D., T., and T.'s baby that occurred when she was licensed by Camelot. Respondent did not deny that she had violated Camelot's policy and had brought T. and T's baby to her home when D. was still there. Instead, Respondent acknowledged that she realized that her decision to bring T.'s baby home resulted in her clients being removed from her home and Camelot's decision to place her license on inactive status. Notwithstanding Respondent's admitting that she had failed to adhere to Camelot's policy regarding allowing T.'s baby in her home when D. was still there, she expressed to the Florida Mentor staff her desire to continue to work as a foster parent. Florida Mentor staff acknowledged Respondent's desire to serve as a foster parent. However, in light of her failure to comply with Camelot's policies and procedures, Florida Mentor staff discussed with Respondent the importance of communication and honesty with the foster care agency and the adherence to the policies and decisions of the agency. Florida Mentor considered several factors in its review of Respondent's application for a foster care license. These factors included Respondent's prior foster care experience with Camelot, including her admission that her violation of Camelot's policy was the reason her license was placed on inactive status; Respondent's statement of her desire to be a foster parent; and her apparent understanding that it was important that she comply with the policies of the foster care agency. Based on its review of the application and the findings and conclusions in the home study report, Florida Mentor recommended that Respondent be re-licensed as a therapeutic foster parent. Based on Florida Mentor's recommendation, Respondent was granted a new foster parent license, which was effective on November 1, 2005. It is that license which is at issue in this proceeding. Prior to issuance of Respondent's November 1, 2005, foster care license, Respondent was required to sign a Bilateral Service Agreement (Bilateral Agreement). That Bilateral Agreement set forth the terms and conditions with which all affected parties, the Department, the foster care agency, and Respondent must comply. The Bilateral Agreement was executed by Respondent and by a Florida Mentor staff person, on behalf of the Department, on October 4, 2005. Pursuant to the Bilateral Agreement, Respondent agreed to "notify the Department immediately of a potential change in . . . living arrangements or family composition (who is in the home), employment, significant health changes or any other condition that may affect the child's well being." In November 2005, after Respondent received her new foster care license, foster children were placed in Respondent's home. One child, M.J., was placed with Respondent on November 15, 2005. Two other children, S.C. and M.C., who were brothers, were place with Respondent on December 19, 2005. On January 8, 2006, M.J., S.C., and M.C., the three foster children who had been placed with Respondent in November and December 2005, were still living in Respondent's home. On January 8, 2006, a child protective investigator with the Department conducted a home study of Respondent's home. The purpose of the home study was to determine whether Respondent's home was a safe placement for her two grandchildren, and, if so, should the grandchildren be placed with Respondent. A placement for the two children was necessary because they had been taken from their mother, Respondent's daughter, for alleged abuse, neglect, or abandonment. The child protective investigator completed the home study on January 8, 2006, and reported the information she obtained during the home study on a seven-page Department form titled, "Caregiver Home Study." The completed Caregiver Home Study document was signed by Respondent and her son-in-law, Richard Davis, on January 8, 2006. Two categories included on the Caregiver Home Study form required Respondent to provide information regarding members of her household. One of the categories on the form required Respondent to provide the names of adults living or frequently in the prospective caregiver's home. The other category required that Respondent also list or provide the names, sex, and ages of children living in her home. On the Caregiver Home Study form, Richard Davis, Respondent's son-in-law, was listed as an adult who lived in or was frequently in Respondent's home. Based on information Respondent provided to the child protective investigator on January 8, 2006, the child protective investigator recorded on the Caregiver Home Study form that there were two foster children living in Respondent's home, A.C. and his brother, M.C. On January 8, 2006, in addition to A.C. and M.C., there was a third foster child, M.J., also living with Respondent. However, although there were three foster children living with Respondent on January 8, 2006, she never told the child protective investigator that M.J. was living in her home. Therefore, M.J. was not listed on the Caregiver Home Study form as a child living in Respondent's home. The Caregiver Home Study form required that Mr. Davis, the other adult living or frequently in the prospective caregiver's home, and Respondent sign the completed form. Both Respondent and Mr. Davis signed the Caregiver Home Study form on January 8, 2006. By signing the form, both Respondent and Mr. Davis acknowledged that to the best of their knowledge, "I have given the Department truthful information on all questions asked of me." On March 14, 2006, the assigned caseworker for A.C. and his brother M.C., two of the three foster children in Respondent's home, made an unannounced home visit to Respondent's home to check on those two children. During this visit, the case worker observed A.C. and M.C., as well as two other children there. The other two children the caseworker observed were Respondent's grandchildren who had been placed in Respondent's home after the Caregiver Home Study was completed on January 8, 2006. Respondent's two grandchildren had been placed with her since January 2006 and were still living with her on March 14, 2006. However, during the case worker's unannounced visit on March 14, 2006, Respondent told the caseworker that the two grandchildren did not live with her, but that she was babysitting them until their mother got off from work. After the March 14, 2006, visit to Respondent's home, the caseworker searched HomeSafe Net to determine the status of Respondent's grandchildren. That search revealed that the grandchildren were actually sheltered and living with Respondent. The caseworker also contacted an employee of the Safe Children Coalition, an agency which has a contract with the Department, to obtain information regarding the status of Respondent's grandchildren. An employee with Safe Children Coalition confirmed that the Sheriff's Office had placed Respondent's grandchildren with Respondent on January 8, 2006, and that, as of March 14, 2006, Respondent's grandchildren were still living with her. At the time of the March 14, 2006, 30-day visit, and at no time prior thereto, Florida Mentor was unaware that Respondent's grandchildren were living with Respondent. Respondent never notified Florida Mentor or the Department that her grandchildren had been placed with her and were living in her home. By failing to notify the Department or Florida Mentor of the change in the family composition, the people living in the home, Respondent violated the terms of the Bilateral Agreement. In order to provide for the safety and health of all the children placed in Respondent's care, it is imperative that the agency placing the foster children be immediately advised of any potential or actual change in the family composition, those living in the home. Since being licensed as a foster parent in Florida, Respondent repeatedly disregarded her obligation to advise the foster care agency of important and required changes. In three instances, Respondent failed to inform the appropriate agency of the changes in the composition of persons living in her home. The second and third incidents occurred after and while Respondent was licensed by Florida Mentor, after she had been specifically advised of the importance and need to communicate and be honest with the foster care agency and to adhere to the agency's policies. First, Respondent failed to advise Camelot staff when T.'s baby was born, and Respondent allowed T. to bring her newborn baby to Respondent's home to live. Respondent ignored or disregarded the directive of Camelot staff, who had told her that T.'s baby could not live in Respondent's home because of the sexual history of D., a foster child placed in Respondent's home. Respondent testified that D. was not in her home on February 1, 2005, when T.'s newborn baby was brought home, because Camelot had placed D. in respite care. According to Respondent, D. returned for one day, before he was permanently removed from her home and placed in another foster home. Respondent's testimony, discussed in paragraph 45 above, is not credible and is contrary to the competent evidence which established that D. was removed from Respondent's home on February 7, 2005, and then placed in another home. Even if D. were not physically in Respondent's house when T.'s baby was there, because D. was still a foster child placed in Respondent's home, she was responsible for notifying the Department of the change in the composition of her household. However, Respondent failed to notify Camelot or the Department and, in doing so, violated a Department rule and a specific directive of the foster care agency. In the second incident, Respondent failed to disclose to the child protective investigator that she had three foster children. Respondent testified that she was not untruthful to the child protective investigator about the number of foster children who were living in her home. According to Respondent, she never said how many foster children lived in her home. Instead, Respondent testified that the child protective investigator made that presumption after she (the investigator) saw two "yellow jackets" (files about the foster children) on a table in Respondent's house. Respondent's testimony, discussed in paragraph 47, is not credible and ignores the fact that Respondent signed the Caregiver Home Study form indicating that she had only two foster children living in the home. Moreover, having served as a foster parent for about ten years and in two states, Respondent knew the importance and significance of providing accurate information regarding the composition of the family and how that information might impact additional placements (i.e., the placement of her grandchildren) in Respondent's home. In the third instance, while licensed by Florida Mentor, Respondent failed to notify that agency or the Department of a change in the family composition (i.e., who is in the home) that occurred on January 8, 2006, when Respondent's two grandchildren were placed in her home. The agency first learned that Respondent's grandchildren lived with her only after a case worker made an unannounced visit to Respondent's home on March 14, 2006, and saw Respondent's grandchildren there, and later verified that the grandchildren were living with Respondent. Respondent does not deny that she failed to notify the Department that her grandchildren were living with her. However, Respondent testified that she never told the case worker that her grandchildren did not live with her and that she was babysitting them while their mother worked. This testimony by Respondent is not credible and is contrary to the credible testimony of the case worker and the supporting documentary evidence. Respondent was aware of the policy that required her to immediately notify the Department or foster care agency of a potential change in family composition. In fact, Respondent signed a Bilateral Agreement in which she agreed to provide such notification to the Department or the Department's representative. Nonetheless, on two occasions, after being licensed by Florida Mentor and having foster children placed in her home, Respondent failed to notify the Department of actual changes in her family's composition. Respondent deliberately violated the terms of the Bilateral Agreement that required her to notify the Department or the foster care agency of any potential, and certainly any actual, changes in her family composition. This provision is designed to better ensure the health and safety of the foster children placed with foster parents, such as Respondent. There is no indication that the children placed in Respondent's home at the time relevant to this proceeding were harmed or injured. Nonetheless, the harm which the Department's policy is designed to prevent is not only possible, but more likely to occur when the composition of the foster parent changes and the Department is not notified of that change. Without such knowledge, the Department lacks the information it needs to make decisions regarding the placement and/or continued placement of foster children in a particular foster home. As a result of Respondent's failing to provide information relative to her family composition, she also failed to provide information necessary and required to verify her compliance with the Department's rules and regulations.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner, Department of Children and Family Services, enter a final order revoking Respondent, Delores Wilson's, foster care license. DONE AND ENTERED this 23rd day of February, 2007, in Tallahassee, Leon County, Florida. S CAROLYN S. HOLIFIELD 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 23rd day of February, 2007.
The Issue Whether Petitioner’s application for licensure as a family foster home should be granted.
Findings Of Fact Sometime around 2004, Petitioner held a license as a foster home in Florida. During the licensure period, Petitioner fostered X. B. and T. T. in her home where she resided with her three biological children. X. B. stayed in Petitioner's home for approximately three weeks to a month. Throughout X. B.'s stay, Petitioner failed to provide breakfast to X. B. prior to school. Petitioner's failure necessitated the case manager providing such breakfast to X. B. when she drove X. B. to school. Additionally, on several occasions the case manager saw evidence of roach infestation in the home. In particular, upon X. B.'s return to Petitioner's home from visiting X. B.'s siblings, the case manager found him in a roach-infested environment, with no running water in the home since the service had been turned off by the service provider for non-payment of the bill. The toilet bowl was filled with feces and urine and had feces on the lid. It was unsanitary and unusable. X. B. asked the case manager to take him to the local gas station so that X. B. could use the bathroom. Soon after, X. B. was removed from Petitioner's care due to unsanitary conditions and/or unsafe conditions in Petitioner's home. T. T. was a one-year-old child who was also placed in Petitioner's foster home during her earlier licensure period. Again, the case manager saw evidence of roach infestation in Petitioner's home. At first, the case manager only saw a couple of roaches in the home. However, the roach problem progressively grew to the point that during one of the case manager's visits the wall behind the baby's crib looked like it was moving because there were so many roaches on it. Soon after, the case manager removed T. T. to another foster home. When they arrived at the new home, a roach crawled out of T. T.'s diaper bag. Upon inspection of the bag, the case manager discovered many dead roaches in the bag. More importantly, half of a dead roach was discovered in the baby bottle of milk that T. T. was drinking while being moved to T. T.'s new foster home. Clearly, the condition of Petitioner's foster home was neither sanitary nor safe. Petitioner's care of both these children resulted in verified abuse reports in Florida's abuse registry for conditions hazardous to the health of children. Petitioner's initial foster home license either lapsed or was not renewed. Since 2004, Petitioner has not been financially stable. In fact, she often asked her neighbors for money to pay her utility bills or buy gas for her car. Additionally, Petitioner lost different homes to foreclosure in 2006 and 2007. Since 2009, she and her children have moved to a different home an average of once a year. To her credit, Petitioner attended college and obtained her doctorate in Theology and Philosophy. However, her history has not demonstrated either household stability or financial ability in her life. In 2011, Petitioner applied for licensure as a family foster home. She successfully completed the Model Approach to Partnership in Parenting (MAPP) training program on September 20, 2011. In June 2012, Trauma Therapist for Children’s Homes Society, Katie Klutz, began the required home study of Petitioner. During the home study, Petitioner and her three biological children were living in a three bedroom home. Petitioner moved her bedroom furniture into the living room in order to make room for potential foster children. The bedroom space was separated from the living room by "curtains" that afforded no significant privacy for those living in the home. Clearly, Petitioner's home did not provide sufficient space to foster an additional child in the home. Petitioner has since moved to a larger home that was not the subject of the home study for this license. However, given Petitioner's past household instability, the very limited evidence regarding this new home does not support a finding that Petitioner's current home offers sufficient space to provide for the privacy and well-being of a foster child. More importantly, Petitioner has not worked since having an accident on the job in May 2010. A neighbor also provided a written reference in which she praised Petitioner’s spirit but stated that it is “a real struggle” for Petitioner to maintain her home and that “she will definitely need additional support in this area.” Notably, it was unclear how Petitioner was currently supporting her household. She has no employment. Petitioner claimed that she received money from a church or charitable organization that she founded. However, there was no evidence that such limited income, if any, was sufficient to support her family and/or provide financially stable conditions to Petitioner and her family. Moreover, Petitioner's bank records reflect that in June 2012, she made deposits of $167.53 and debited the account $266.07. Her ending balance in June was $18.81. At hearing, other than child support and food stamps, Petitioner offered no evidence of additional finances or income that is attributable to her. Given these facts, Petitioner has failed to demonstrate home safety, household stability or financial ability sufficient to entitle her to be licensed as a foster home. Therefore, Petitioner's application for such licensure should be denied.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner's application for licensure as a foster home should be denied. DONE AND ENTERED this 28th day of March, 2013, in Tallahassee, Leon County, Florida. S DIANE CLEAVINGER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 28th day of March, 2013. COPIES FURNISHED: Paul A. Rowell, Esquire Department of Children and Families 2383 Phillips Road Tallahassee, Florida 32308 Shakinah Glory 4768 Woodville Highway Apartment 428 Tallahassee, Florida 32305 M. Burnette Coats, Esquire Department of Children and Families 1317 Winewood Boulevard Building 2, Room 204 Tallahassee, Florida 32399 Gregory Venz, Agency Clerk Department of Children and Families Building 2, Room 204B 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Marion Drew Parker, General Counsel Department of Children and Families Building 2, Room 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 David Wilkins, Secretary Department of Children and Families Building 1, Room 202 1317 Winewood Boulevard Tallahassee, Florida 32399-0700
The Issue The issue in this case is whether Petitioner should revoke Respondents' foster home license based on violations of section 409.175(9), Florida Statutes (2014), and provisions of Florida Administrative Code Chapter 65C-13 alleged in the Notice of Intent to Revoke Foster Home License dated April 16, 2015.
Findings Of Fact Petitioner is the state agency responsible for licensing foster care parents and foster homes pursuant to section 409.175.2/ Respondents are foster care parents in a foster care home licensed as Provider FSFN ID #100032652, the therapeutic foster home at issue in this proceeding.3/ A.A., an eight-year-old child, was placed into Respondent's foster home in April 2014.4/ On the afternoon of September 4, 2014, Respondent Cherie Iturriaga took A.A. and her two grandchildren to a shopping center. When they were ready to leave, A.A. refused to get into the family van. Mrs. Iturriaga testified that she tried, for approximately ten to 15 minutes, to persuade A.A. to get into the vehicle, but he refused. She became very frustrated, yelled at A.A. to get into the van, and began to back the van out of the parking space while A.A. was standing next to the van's open door.5/ A passerby called 911 to report that Mrs. Iturriaga—— who the passerby characterized as A.A.'s "grandmother"——was attempting to make A.A. get into the vehicle against his will. The passerby told A.A. "you don't have to get in the van if you don't want to." Mrs. Iturriaga also called 911 to report that A.A. would not get into her vehicle. She told the 911 dispatcher that she was not staying for him, and that she was "going home." The dispatcher told her that because the child was supposed to be in her care, she had to stay with him, and that officers already were on the way to that location. Nonetheless, Mrs. Iturriaga drove away and left A.A. in the parking lot with the passerby, who Mrs. Iturriaga characterized, in testimony at the hearing, as a "random person." The evidence does not clearly establish whether Mrs. Iturriaga left A.A. in the parking lot for "five to ten minutes," as she claimed, or for as much as 20 to 30 minutes, as indicated by other evidence in the record. Regardless, it is undisputed that she drove away from the parking lot and left A.A. in the company of a stranger. At some point, Mrs. Iturriaga returned to the parking lot to pick up A.A., but he was not there. She called 911, and the dispatcher confirmed that A.A. had been taken to the Pembroke Pines Police Department. Mrs. Iturriaga went to the police department to pick up A.A. There, she was arrested and charged with child neglect without great bodily harm, a third-degree felony; this charge ultimately was dropped. A.A. was not physically harmed as a result of being left in the parking lot. The evidence establishes that approximately 45 days before the September 4, 2014, incident, Mrs. Iturriaga requested that Citrus remove A.A. from Respondents' foster home within 30 days; however, he was not timely removed. When the incident giving rise to this proceeding occurred, A.A. was immediately removed from Respondents' foster home. Another child, J.O., who was approximately 14 years old at the time of the incident, was placed in Respondents' foster home approximately two and one-half years before the incident. Since then, J.O. has formed very close bonds with both Respondents, particularly Mr. Iturriaga. At the time of the hearing, J.O. had not been removed from Respondents' home and continued to reside with them. J.O. does not wish to be removed from Respondents' home. Eric Sami serves as the guardian ad litem for J.O., and has done so for the past three and one-half years. Mr. Sami testified, persuasively, that when he was assigned to J.O.'s case, J.O. was a very withdrawn, depressed, socially unstable child who had been moved through several different foster homes, and who was academically struggling. Since being placed in Respondents' home, J.O. has flourished. He has made friends, his academic performance has dramatically improved, and he is no longer depressed and socially unstable. According to Mr. Sami, Respondents have treated J.O. as if he were their own child, including taking him on family vacations and involving him in all holiday celebrations. Mr. Iturriaga participates in parent- teacher conferences for J.O. and has taken an interest in J.O.'s school work and in helping him improve his academic performance. Sami also testified, credibly, that in the short amount of time in which A.A. lived in Respondents' home, he was an extremely disruptive force, bullying J.O. and Respondents' grandchildren and killing ducks in front of Respondents' granddaughter——an event that was extremely traumatic for her to witness. Sami observed, and the undersigned agrees, that it is fundamentally unfair for J.O. to suffer the consequences of Respondents' license revocation due to an event that was precipitated by A.A.'s extreme, ongoing misbehavior before he was removed from the home. Because Sami and J.O.'s therapist, Fred Leon, believed so strongly that removing J.O. from Respondents' home would have very substantial negative consequences for J.O., they advocated to Petitioner and Citrus to allow Respondents to keep their foster home license and to keep J.O. in their home. However, that did not dissuade Citrus from recommending that Petitioner revoke Respondents' license. In October 2014, J.O.'s placement was changed from foster care in Respondents' home to non-relative placement in Respondents' home. Because revocation of Respondents' license would require J.O. to be removed from Respondents' foster home, this placement change was necessary in order for J.O. to remain in the home. However, this placement change is not without negative consequences. J.O. remains in Respondents' home but they do not receive any monetary allowance for his care,6/ so they are placed in the position of supporting him without receiving any financial assistance through the foster care system. Thus, the consequence of revoking Respondents' license is that if J.O. remained in the foster care system, he would have to be moved to a licensed foster home. If he were to stay in Respondents' home in a non-relative placement, Respondents would not receive any monetary assistance through the foster care system to help with his support. Respondents' fervently wish to keep J.O. in their home, even without financial assistance through the foster care system, due to the strong emotional bond they have with him and because of the remarkable social and academic strides he has made while in their care. However, Mr. Iturriaga testified, persuasively, that this situation imposes a financial hardship on them, which, in turn, penalizes J.O. That Respondents wish to continue to provide a nurturing home for J.O., despite the financial hardship, is strong evidence that they have J.O.'s best interests at heart and that they would continue to provide the same stable, nurturing environment for him that they have provided for more than two and one-half years. As noted above, the criminal charges against Mrs. Iturriaga were dropped. Nonetheless, employees of Citrus testified that because there was an open child abuse investigation with verified findings, they could not recommend that Respondents' foster home continue to be licensed. Petitioner presented the testimony of Sonia De Escobar, licensing manager of Petitioner's Circuit II foster care program. Ms. De Escobar testified that Petitioner is seeking to revoke Respondents' license in part due to concern for the safety of children who may be placed in Respondents' foster home in the future. De Escobar noted that it is not uncommon for children in the dependency system to "misbehave,"7/ and Petitioner is concerned about Respondents' ability to deal with child misbehavior in the future. However, the evidence establishes that Respondents successfully cared for eight foster children over a six-year period and never had any problems dealing with child misbehavior until the incident involving A.A. As discussed above, the evidence establishes that A.A. was extremely aggressive and engaged in behavior that seriously disrupted Respondents' home environment. Because of A.A.'s extreme behavior, Respondents previously had given Citrus the required 30-day notice. However, Citrus did not timely remove A.A. from Respondents' home and the incident giving rise to this proceeding thereafter ensued. As noted above, there is no dispute that Mrs. Iturriaga intentionally left A.A. with a complete stranger for some period of time. In doing so, she endangered his health and safety, in violation of section 409.175(9)(a)1. However, the undersigned finds that mitigating circumstances in this case militate against revoking Respondents' foster home license. Specifically, Respondents enjoyed a spotless record as foster parents before the incident involving A.A. Further——and very importantly——they have fostered a very successful, nurturing, long-term parental relationship with J.O. that will be jeopardized if their foster home license is revoked. Finally, it is undisputed that A.A.'s behavior was extremely aggressive, disrespectful, and disruptive throughout the time he was placed in Respondents' home. On September 4, 2014, his behavior finally caused Mrs. Iturriaga to "snap."8/ Although her actions unquestionably were inappropriate and affected A.A.'s health and safety, the evidence indisputably shows that this was a one-time incident that occurred while Mrs. Iturriaga was under significant duress, and that, under any circumstances, A.A. was not injured. The undersigned further notes Citrus' role in this incident. As the child placing agency, Citrus is charged with placing foster children in foster homes, and with removing them when circumstances warrant. As discussed above, in July 2014, Respondents gave Citrus the required 30-day notice for transitioning A.A. out of their home. However, Citrus failed to timely meet its obligation to remove A.A. from Respondents' home and this incident subsequently occurred. Had Citrus met its obligation to timely remove A.A. from Respondents' home, this incident would not have occurred. Thus, Citrus is not without blame in this matter. The undersigned further notes that if Respondents were allowed to keep their license, Citrus, as the child placing agency, is obligated under the Bilateral Agreement to consult with Respondent before placing children in their home. This consultation process presumably would help ensure that children having extreme behavioral problems are not placed in Respondents' home in the future. For these reasons, the undersigned finds that allowing Respondents to keep their foster home license would enable them to continue their close, nurturing relationship with J.O., and, further, likely would not result in any danger or other adverse effect on the health and safety of foster children who may be placed in their home in the future.9/
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Children and Families enter a final order dismissing the Notice of Intent to Revoke Foster Home License issued on April 16, 2015, and imposing a corrective action plan on Respondents' foster home license to the extent deemed appropriate. DONE AND ENTERED this 17th day of February, 2016, in Tallahassee, Leon County, Florida. S CATHY M. SELLERS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 17th day of February, 2016.
The Issue The issue for determination at final hearing is whether Respondent's foster care license should be revoked.
Findings Of Fact On July 1, 1995, Mildred Sands (Respondent) was issued a provisional foster home license by the Department of Health and Rehabilitative Services (Petitioner), with an effective period of July 1, 1995 - June 30, 1996. Her license number is 0795-06-3. A provisional license is issued when all requirements for a license are not met and the licensee is given a specific time period to comply with the remaining requirements. Due to a court action involving a minor child, J. F., who was born on May 7, 1983, the court placed J. F. with Respondent. In order for the minor child to live with Respondent, Petitioner issued Respondent a provisional license. Prior to the placement, Respondent knew J. F.'s mother for several years on a personal basis. The mother and her children were at one time living with Respondent. Respondent is J. F.'s godmother and has interacted with her since J. F.'s birth. Prior to licensing, on June 12, 1995, Respondent signed a "Bilateral Service Agreement" (Bilateral Agreement) with Petitioner, agreeing to abide by or with several conditions. The Bilateral Agreement provides in pertinent part: 2. We are fully and directly responsible to the Department for the care of the child. * * * 8. We will accept dependent children into our home for care only from the Department and will make no plans for boarding other children or adults. We will notify the Department if any adult relative or family members returns to live in the home. * * * 10. We will notify the Department immediately of any change in our address, employment, living arrangements, arrest record, health status or family composition, as well as any special needs for the child (i.e. health, school problems, emotional problems). * * * 16. We will comply with all requirements for a licensed foster home as prescribed by the Department. * * * 18. We understand that any breach of the Agreement may result in the immediate removal of the child(ren) and revocation of the license. Respondent signed a "Discipline Policy Agreement" (Discipline Agreement) on July 19, 1993, when she was initially licensed as a foster care provider and on June 12, 1995, during her re-licensure process. The Discipline Agreement signed on July 19, 1993, provides in pertinent part: The following disciplinary practices are FORBIDDEN in caring for your foster child. Failure to comply may result in an investigation and possible closure of your home. * * * Hitting a child with an object. Slapping or spanking a child, or ANY OTHER physical discipline. The Discipline Agreement signed on June 12, 1995, provides in pertinent part: [T]he following disciplinary practices are FORBIDDEN on our children. FAILURE OF THE FOSTER PARENT(S)... TO COMPLY MAY RESULT IN THE REMOVAL OF THE CHILD(REN) FOR AN INVESTIGATION AND RESULT IN THE CLOSURE OF YOUR HOME. * * * Hitting a child with ANY object. Slapping, smacking, whipping, washing mouth out with soap, or ANY other form of physical discipline. On February 14, 1995, Petitioner waived placement requirements in order for J. F.'s siblings to be placed with Respondent to keep the family unit together. J. F.'s siblings had been living with her grandmother who had become ill and was unable to care for the children. On September 1, 1995, Petitioner received a report of alleged child abuse allegedly committed by Respondent against J. F., who was 12 years old, at Respondent's foster home. Respondent was allegedly disciplining J. F. Within a short span of time that same day, Petitioner began an investigation. The minor child, J. F., had raised bruises, swelling, abrasions, and redness on the lower part of her legs. Also, J. F. had a small scratch on one of her legs and a scratch on her left arm. The injuries were purportedly inflicted by a ruler. No expert opinion was presented to confirm that the injuries were consistent with such an instrument, and no attempt was made to obtain the instrument used to commit the alleged abuse. Petitioner removed all the children from Respondent's home. Petitioner notified Respondent that it was revoking her foster home license due to the alleged excessive corporal punishment. The minor child, J. F., did not testify at the hearing. 1/ Respondent did not inflict the injuries to the minor child, J. F. 2/ Respondent did not use corporal punishment of any kind on the minor child, J. F. Respondent did not violate the Discipline Agreement. Respondent was responsible for the supervision and care of the minor child, J. F. Respondent was not aware of J. F.'s injuries and was, therefore, unable to notify Petitioner of the injuries or to obtain medical attention for J. F.'s injuries. Respondent had allowed the children's adult sibling, who was 19 years old, to live with her and the children. Respondent failed to notify Petitioner that the adult sister would be and was living in her home. In failing to notify Petitioner, Respondent violated the Bilateral Agreement, paragraph numbered 8.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the foster home license of Mildred Sands not be revoked. DONE AND ENTERED this 1st day of August 1996, in Tallahassee, Leon County, Florida. ERROL H. POWELL, 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 1st day of August, 1996.
