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 Should Petitioners' application for family foster home license be granted?
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant findings are made: The Department is the agency in the State of Florida responsible for the licensure of family foster homes. Linda Patterson and Robert Patterson (Pattersons), a married couple, applied for licensure as a family foster home. The Pattersons completed the initial training for prospective foster parents in March of 1995. The Department completed a home study on the Pattersons. The results of the home study and background information on the Pattersons, including the Pattersons tenure as foster parents in Connecticut, were considered by the Department before denying the Pattersons' application for licensure as a family foster home for children. On August 24, 1994, the Department issued Notice Of Denial to the Patterson which in pertinent part provides: This letter provides notice to you that your application for a family foster home license is denied, based on Section 409.175(8)(a), Florida Statutes, and Rule 10M-6.023, Florida Administrative Code (FAC). The reasons for this denial are: Mr. Patterson has been charged with numerous law violations in the past. Although none of the law violations auto- matically disqualifies him from fostering, they do reflect a lack of judgment needed to provide adequate care for foster children, indicating an inability to comply with Rule 10-6.023(e). Your home was investigated in August of 1992 because of allegations of sexual abuse on your 18 year old adopted daughter. You admitted inappropriate contact with this child. As a result of this investigation your license was limited, and your home was approved only for males, ages 5 to 11. In April of 1993, your marital coun- selor stated that you have difficulty setting limits with sexuality, and recommended against the placement of any child with a known history of sexual acting out, or approaching puberty. This recommendation was made shortly after an incident of child on child sexual abuse in your home. In September of 1993, a clinical psychologist evaluated you. He stated that Mr. Patterson's ability to control his impulses is "probably" satisfactory, but should not be tested with sexually active adolescent females. He also opined that your family might have some difficulty dealing with sexually abused and acting out children without professional guidance. All of these incidents indicate an inability to comply with Rule 10M-6.023(1)(e), particularly in view of the fact that approxi- mately 85 percent of our foster children fall into the categories of children that should not be placed with Mr. Patterson. Robert Patterson admitted to several law violation between 1960 and 1980. However, most of these violations were misdemeanors and committed while he was a juvenile. There was one felony violation (car theft) by Robert Patterson while he was a juvenile. Robert Patterson admitted that in 1980 he was charged with larceny concerning an alleged fraudulent claim for unemployment compensation to which he pled nolo contendere. Notwithstanding that he pled nolo contendere to the charge, Robert Patterson contended that the unemployment compensation claim was a legal claim. There was no evidence of any further law violations after the nolo contendere plea in 1980. The Pattersons were licensed in Connecticut as foster parents for approximately 10 years. During the time the Pattersons were licensed as a foster home in Connecticut the Patterson home was investigated because of a complaint alleging sexual abuse of a female foster child in the Pattersons' home. Although there was no finding of sexual abuse of this female, Robert Patterson admitted to having unintentionally touched the female's breast and buttocks while they were wrestling. There was another incident where this same female foster child, while inebriated, rubbed Robert Patterson' penis several times. Robert Patterson testified that he felt sexually attracted to this female child, but that he never acted on those feelings. The female child that was the subject of the abuse complaint was not removed from the Pattersons' home, and subsequently the State of Connecticut allowed the Pattersons to adopt this child. After this investigation, the Pattersons requested that their foster care home license be limited to males, ages 5 years to 11 years. This limitation on placement was requested by the Patterson because they felt inadequate to cope with sexually acting out or sexually abused children. The Paterson's marriage counselor in Connecticut advised the Connecticut DCF (the equivalent of Florida DHRS) that the Pattersons had difficulty setting limits with sexuality, and recommended against placement of any child in the Pattersons' home with a known history of sexual acting out, or approaching puberty. Many foster children are victims of sexual abuse and sexual exploitation which causes these foster children to behavior inappropriately. Often the Department is unaware of prior abuse or the resultant behavior when a child is placed in a foster home. A foster parent's ability to deal appropriately with sexually abused and sexually acting out children is a very important attribute, particularly given the number of children in foster care with these difficulties. The Pattersons requested to be licensed for placement of males only, ages 5 years to 11 years. The Department has licensed foster homes with age and sex restrictions on placements. However, the Department attempts to avoid licensing homes with such restrictions. Such restrictions on placement interfere with the Department's statutory duty to keep siblings together, and with the goal of attempting to avoid moving children from foster home to foster home.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law it is recommended that the Department of Health and Rehabilitative Services enter a final order denying the Petitioners licensure as a family foster home. RECOMMENDED this 23rd day of September, 1996, at Tallahassee, Florida. WILLIAM R. CAVE, 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 23rd day of September, 1996. APPENDIX TO RECOMMENDED ORDER CASE NO. 96-1567 The following constitutes my specific rulings, pursuant to Section 120.59(2), Florida Statutes, on all of the proposed findings of fact submitted by the Department in this case. Petitioners' Proposed Findings of Fact. Petitioners elected not to file any proposed findings of fact and conclusions of law. Department's Proposed Findings of Fact. 1. Proposed findings of fact 1 - 19 are adopted in substance as modified in Findings of Fact 1 through 19. COPIES FURNISHED: Gregory D. Venz, Agency Clerk Department of Health and Rehabilitative Services 1317 Winewood Blvd., Bldg. 2, Room 204X Tallahassee, Florida 32399-0700 Richard Doran, General Counsel Department of Health and Rehabilitative Services 1317 Winewood Blvd., Room 201 Tallahassee, Florida 32399-07001 Robert and Linda Patterson 8653 Indian Ridge Way Lakeland, Florida 33809 M. Elizabeth Wall, Esquire Department of Health and Rehabilitative Services 200 North Kentucky Avenue Lakeland, Florida 33801
The Issue Whether Petitioners are entitled to renewal of their license to operate a foster care home.
Findings Of Fact Petitioners had been licensed to operate a foster care home for several years prior to April 30, 1997. Each license was for a one-year period and required annual renewal. The last license issued by Respondent to Petitioners was for the period May 1, 1996, through April 30, 1997. On March 31, 1997, Respondent advised Petitioners that it would not renew their foster care license because an abuse investigation found evidence that inappropriate methods of discipline had been used by Maxine Miles on V. B., a foster child who had been placed in their care. Respondent provided Petitioners with information and training before they were initially licensed as foster care parents. As part of the initial training, Petitioners attended a thirty-hour course entitled Model Approach to Partnerships in Parenting (MAPP), which taught that corporal punishment on a foster child by a foster parent was prohibited. Petitioners knew, or should have known, that their use of corporal punishment on a foster child in their care could result in the revocation of their license or the denial of their application to renew their license. On February 14, 1996, Petitioners executed a form styled "Discipline Policy Agreement" which expressly prohibits "hitting a foster child with any object" and also prohibits "slapping, smacking, whipping, washing mouth out with soap, and any other for [sic] of physical discipline." This agreement contained a caveat that failure to comply with the discipline provisions could lead to the closure of a foster home. V. B. is a female born December 7, 1990. In 1992, V. B. was placed as a foster child in the care of the Petitioners. On or about February 14, 1997, Nicole Marshal, a foster care counselor employed by Respondent, and Brenda Boston, her supervisor, visited with V. B. and observed marks that they believed were the results of corporal punishment. These marks included a cut on V. B.'s forehead (which had been stitched) and bruises, in the form of loops, on her arms, back, and legs. They questioned V. B. as to the causes of the cut and bruises. Based on statements made by the child, they immediately thereafter contacted the Florida Abuse Hotline Information System and reported a case of possible child abuse. As a result of that contact, a child abuse investigation was instigated by the Respondent's Child Protective Investigations Unit. This child abuse investigation was conducted by Lulus McQueen, an experienced investigator. Mr. McQueen also observed the cut and the bruises on V. B. and thereafter questioned the child. Based on the physical observations and the statements made by the child, V. B. was removed from the foster care of the Petitioners on February 14, 1997. On February 25, 1997, V. B. was examined by Dr. Walter Lambert, a medical doctor employed as the Medical Director of the Child Protection Team, and by Rita Duval, a registered nurse employed by the Child Protection Team. The cut on V. B.'s forehead and the bruises observed on February 14, 1997, were still visible. Dr. Lambert and Nurse Duval were of the opinion that the bruises were consistent with V. B. having been disciplined with a belt.2 Maxine Miles physically disciplined V. B. by spanking her using an open hand.3 Maxine Miles knew, or should have known, that this form of discipline was prohibited by Respondent.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent enter a Final Order that adopts the findings of fact and conclusions of law contained herein. It is further recommended that the application filed by Larry and Maxine Miles for the renewal of their licenses to operate a foster home be denied. DONE AND ORDERED this 9th day of January, 1998, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON 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 Filed with the Clerk of the Division of Administrative Hearings this 9th day of January, 1998.
Findings Of Fact By letter dated July 14, 1995, Respondent denied Petitioner's application for a foster care license. According to the letter, the denial was based on noncompliance with Section 409.175, Florida Statutes, and Rule 10M- 6.025, Florida Administrative Code. Specifically, it was noted that Petitioner had (1) submitted false information to Respondent regarding persons living in her home; (2) insufficient income in relation to monthly expenses; and (3) improperly insured motor vehicles in which to transport children. Petitioner timely requested a hearing, after which Respondent referred the matter to the Division of Administrative Hearings. The undersigned noticed the matter for hearing upon the issue of whether Petitioner's application for a foster care license should be denied. Petitioner failed to appear at the formal hearing, and no evidence was presented on her behalf. 4 The Notice of Hearing, mailed to both parties in this case, provided that failure to appear at this hearing shall be grounds for entry of a recommended order of dismissal.
Recommendation Based on the foregoing Findings of Facts and Conclusions of Law, it is RECOMMENDED that a Final Order be entered dismissing the petition of Mary Luz DeJesus, and denying her application for a foster care license. DONE and ENTERED this 27th day of March, 1996, in Tallahassee, Leon County, Florida. CARLOYN S. HOLIFIELD, 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 27th day of March, 1996. COPIES FURNISHED: Frank H. Nagatani, Esquire Department of Health and Rehabilitative Services 11351 Ulmerton Road Largo, Florida 34648 Mary Luz DeJesus, Pro Se 7600 71st Avenue, North Pinellas Park, Florida 34665 Richard Doran, Esquire Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700 Sandy Coulter Acting Agency Clerk Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700
The Issue The issue to be resolved in this proceeding concerns whether Petitioners committed violations of Florida Statutes and Florida Administrative Code sufficient to justify revocation of Petitioners’ license to operate a foster care facility.
Findings Of Fact Petitioners’ foster home is a private agency foster home licensed by Respondent to provide substitute care for children in foster care. On or about August 24, 2000, a report was made to the Florida Abuse Registry indicating that a child, A.C., who suffers from Downs Syndrome and who resided in Petitioners’ care at the time, had suffered a burn mark that was three to four inches long. The burn reportedly appeared to be from an iron. Pursuant to this report, Respondent’s Child Protective Investigator commenced an investigation of the matter on August 24, 2000. During the course of the August 24, 2000, investigation, Respondent’s investigator observed the burn on A.C.’s arm. Testimony of the investigator establishes the presence of such a burn on A.C.’s arm at the time. That testimony is corroborated by photographs in Respondent’s Composite Exhibit No. 3 and fairly and accurately depicts A.C.’s burned arm as it appeared on August 24, 2001. Petitioner Carol Golden, when asked about the situation, stated that she was unaware of the burn on A.C.’s right arm until the matter was brought to her attention by the investigation which commenced on August 24, 2000, following the discovery of the child's injury by school personnel. Interviews with other children in the home revealed that another child was ironing clothes on the evening of August 23, 2000, and left the iron unattended momentarily, during which time A.C. burned his arm on the iron. Respondent’s investigator referred A.C. to the Child Protection Team for an examination of his injury. Subsequently, A.C. was removed from Petitioners’ foster home after the findings of the Child Protection Team revealed that the child’s injury was indicative of inadequate supervision. Respondent’s investigator concluded her investigation and closed the case, Abuse Report 2000-133049, with verified findings for lack of supervision and failure to seek medical attention for A.C. Subsequently, Petitioners’ foster care license was revoked because of the verified findings of neglect and inadequate supervision found in Abuse Report 2000-133049. Medical examination of A.C.’s injury, as it appeared on August 24, 2000, reveals that the injury was on the child’s right arm; was five by eight centimeters in size; and was a charred burn in the shape of an iron with the circles for the steam holes clearly visible. The burn was in such a place, and of such a size, that any caretaker responsible for the bathing and clothing of A.C. should have seen the injury. Attempts by Respondent’s employees to conduct an assessment of A.C. were not successful. He was friendly and interacted well; however, he only pointed to his injury and could not communicate how it happened.
Recommendation Having considered the foregoing findings of fact, conclusions of law, the evidence of record, and the testimony of the witnesses, it is, therefore, RECOMMENDED: That a Final Order be entered confirming the revocation of Petitioner’s foster license. DONE AND ENTERED this 9th day of January, 2002, in Tallahassee, Leon County, Florida. DON W. DAVIS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 9th day of January, 2002. COPIES FURNISHED: Charles Golden Carol Golden 7939 Denham Road Jacksonville, Florida 32208 Robin Whipple-Hunter, Esquire Department of Children and Family Services Post Office Box 2417 Jacksonville, Florida 32211 Peggy Sanford, Agency Clerk Department of Children and Family Services 1317 Winewood Boulevard Building 2, Room 204B Tallahassee, Florida 32399-0700 Josie Tomayo, General Counsel Department of Children and Family Services 1317 Winewood Boulevard Building 2, Room 204 Tallahassee, Florida 32399-0700
The Issue Whether the Respondent's foster home license should be revoked for the reasons stated in the Petitioner's letter dated September 19, 1997.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing and on the entire record of this proceeding, the following findings of fact are made: The Department of Children and Family Services is the state agency responsible for licensing and regulating family foster homes in Florida. Section 409.175, Florida Statutes (1997). Mary Mitchell's home was licensed as a family foster home from 1990 until her home was closed by the Department in September 1997. Neither Ms. Mitchell nor her home has been the subject of a complaint prior to that underlying the instant case. In August 1997, A. D. and his sisters, C. D. and L. B., were foster children residing in Ms. Mitchell's home. At the time, A. D. was five years old, C. D. was eight years old, and L. B. was ten years old. During a family therapy session at the Walden Community Center, the children reported to a counselor that they were beaten regularly by Ms. Mitchell. The counselor immediately called the Department's Abuse Hotline, and a Protective Investigator was dispatched to the home. The counselor at the Walden Community Center also notified the foster care counselor assigned by the Department to monitor the children that the children had reported that A. D. was beaten by Ms. Mitchell every time he wet his pants and that L. B. and C. D. said that they were also beaten by Ms. Mitchell. The Department's protective investigator took A. D., C. D., and L. B. for evaluation to the University of Miami Child Protection Team. Walter F. Lambert, M.D., a member of the Child Protection Team, was asked to perform a medical evaluation of the children to determine if they had suffered any physical punishment or injury. A case worker in Dr. Lambert's office interviewed the three children, and they all claimed that they were regularly beaten with belts and switches by Ms. Mitchell and her son. A physical examination of L. B. and C. D. revealed no marks on their bodies. A physical examination of A. D. revealed several red marks, bruises, and scabbed over abrasions on his buttocks, anterior upper thighs, and posterior thighs. These marks were consistent with having been inflicted within several days of the examination. As part of his physical examination of A. D., Dr. Lambert interviewed him about the origin of the marks. A. D. told Dr. Lambert that he was hit with a "twig from the holly tree," but he did not identify the person who hit him. The marks Dr. Lambert found on A. D.'s body were consistent with having been inflicted with a switch taken from a tree. The children were removed from Ms. Mitchell's home and placed in another foster home. The children soon complained that they were beaten in this new foster home, but no marks were found on their bodies to corroborate these allegations. The children are no longer in this foster home but have been placed in a new foster home for therapeutic reasons. Ms. Mitchell observed A. D.'s sisters whipping him with switches and a belt on more than one occasion. Each time she saw this behavior, she immediately stopped it. The Department has presented no credible evidence to establish that Ms. Mitchell punished A. D., or his sisters, by beating them with a belt, switch, or any other instrument or that she used any other form of corporal punishment to discipline these children. 3/ The Department's letter to Ms. Mitchell notified her that her foster care license renewal was denied. However, the counselor in the Department's Licensing Unit responsible for monitoring Ms. Mitchell's home testified that her license was revoked prior to its expiration and her foster home closed as a result of reports of child abuse. The counselor was present at the meeting in which the decision regarding Ms. Mitchell's license was made, and his testimony was uncontroverted.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Children and Family Services enter a final order dismissing the charges against Mary L. Mitchell and reinstating her family foster care license. DONE AND ENTERED this 5th day of June, 1998, in Tallahassee, Leon County, Florida. PATRICIA HART MALONO 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 Filed with the Clerk of the Division of Administrative Hearings this 5th day of June, 1998.
The Issue Whether the Petitioner should be granted a foster home license.
Findings Of Fact Petitioner, Kate Shaw, applied for a license to operate a family foster home. By letter dated November 18, 1998, the Department notified Petitioner that based on findings in FPSS Abuse Report No. 92-069954, the Department was denying her application for a license to provide foster care. Furthermore, the letter advised Petitioner that she had the "right to request an [a]dministrative [h]earing to review the Department's decision and to request an exemption." FPSS Abuse Report No. 92-069954 named Petitioner as the perpetrator of abuse upon her 13-year-old daughter, Crystal Fishburne (Crysal)/Ms. Fishburne). That report was classified as confirmed in July or August 1992. The incident which was the subject of the abuse report occurred on the evening of July 3, 1992, and was reported to the abuse hotline on that same evening. The Department of Health and Rehabilitative Services, the agency previously responsible for investigating reports of child abuse, assigned a child protection investigator to investigate the subject report. On July 4, 1992, the investigator assigned to the case went to Petitioner's home and interviewed Petitioner and her daughter, Crystal. During the interviews, both Petitioner and her daughter told the investigator that Petitioner had hit Crystal with an extension cord the prior evening. Welts or marks were left on Crystal's legs, arms, and back as a result of Petitioner's hitting her. As a part of the investigation, these marks were photographed. However, no medical examination was ever conducted. On July 4, 1992, after the investigator interviewed Petitioner and Crystal, she tried to take Crystal to the Family Services Program for a cooling-off period, but Crystal refused to go. After the investigation, an abuse report was prepared finding that Petitioner had hit Crystal several times with an extension cord leaving linear and looped marks on the daughter's legs, arms, and back. Petitioner has never denied that she hit Crystal with an extension cord on the evening of July 3, 1992. However, during the investigation and at the hearing, Petitioner disputed two statements that Crystal made to the investigator on July 4, 1992. First, Crystal reported that Petitioner had hit her with an extension cord on one other occasion. Second, with regard to the July 3, 1992, incident, Crystal stated that her step-father had held her down while her mother hit her. At hearing, Ms. Fisburne (Crystal) provided credible testimony that the aforementioned statements were not true, but were made only because she was angry and wanted to get away from her mother. At the time of the July 1992 incident and during the two years prior thereto, Crystal was a difficult child who refused to follow Petitioner's directions, did whatever she wanted to do, and threatened to call the police if Petitioner "did anything" to her. Crystal exhibited numerous behavior problems. Crystal became violent with Petitioner; routinely skipped school; left home for days at a time; and stole Petitioner's car twice within a one-month period. The first time Crystal stole Petitioner's car, she kept it for one day; the second time Crystal stole the car, she kept it three days. When Crystal ran away from home, she would often return to Petitioner's house during the day when no one was at home and break in and steal food and money. Also, in one instance, Crystal broke into someone else's house. On the day of the incident, Petitioner was "pushed to the limit" and resorted to the use of corporal punishment as a means of redirecting her daughter's behavior. Petitioner expressed regret about hitting her daughter with an extension cord. However, she believed that corporal punishment was appropriate given the seriousness of Crystal's behavior, the length of time Crystal had been exhibiting this behavior, and the ineffectiveness of other disciplinary methods, such as placing Crystal on restrictions and giving her extra chores to perform. Prior to the July 3, 1992, incident, Petitioner had sought help in dealing with Crystal's behavioral problems from various community resources. At the suggestion of a school counselor, Petitioner arranged for counseling for Crystal. However, after several sessions, the counseling was discontinued because Crystal was uncooperative. In Crystal's words, referring to the counselor, "I didn't want to talk to the man." When Crystal ran away from home, Petitioner contacted the Sheriff's Office but was told that it could provide no assistance because there was no law against a child running away from home. However, Petitioner was told by the Sheriff's Office that since Crystal was a minor, whenever she came home, Petitioner would have to allow her to return. Finally, during one or more of Crystal's episodes, Petitioner attempted to take her to the detention center for a 72-hour cooling-off period. These efforts were likewise unsuccessful because the detention center refused to accept Crystal. Other than the incident referred to in the FPSS Abuse Report No. 92-069954, Petitioner has not been the subject of an abuse report. Since the July 1992, Petitioner has been employed in several jobs that involve working with children. She was employed as a house parent in a home for teenage mothers and their babies; a back-up parent for the Department of Juvenile Justice to children who were removed from their home; and a substitute teacher. Despite the discrepancies in statements made by Petitioner and her daughter and in FPSS Abuse Report No. 92-069954, there is no evidence that Petitioner requested a hearing to have the abuse report expunged or amended as required in Section 415.504(4)(d)1.b., Florida Statutes (1991). Because the report was never challenged, FPSS Abuse Report No. 92-069954 remains and is properly deemed a confirmed report of abuse. Furthermore, there is no indication that Petitioner ever applied for or was granted an exemption from disqualification as provided in the Florida Statutes. In light of the confirmed report of abuse naming Petitioner as the perpetrator of abuse against a child and in absence of the Department's granting an exemption from disqualification, the Department properly found that Petitioner failed the required screening and thus, properly denied her application for a foster home license.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department enter a final order denying Petitioner's application for licensure as a family foster home. DONE AND ENTERED this 29th day of July, 1999, in Tallahassee, Leon County, Florida. 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 29th day of July, 1999. COPIES FURNISHED: Gregory D. Venz, Agency Clerk Department of Children and Family Services 1317 Winewood Boulevard Building 2, Room 204 Tallahassee, Florida 32399-0700 John S. Slye, General Counsel Department of Children and Family Services 1317 Winewood Boulevard Building 2, Room 204 Tallahassee, Florida 32399-0700 Kate Shaw 619 38th Street South St. Petersburg, Florida 33711 Amy V. Archibald, Esquire Department of Children and Family Services 11351 Ulmerton Road, Suite 100 Largo, Florida 33778-1630
The Issue The issue is whether Petitioners' application for relicensing as a foster home should be approved.
Findings Of Fact Based upon all of the evidence, the following findings of fact are determined: In this licensing dispute, Petitioners, Leo and Connie Smith (the Smiths), seek to have their foster care license renewed. In a preliminary decision rendered on October 8, 1999, Respondent, Department of Children and Family Services (Department), denied the request on the ground that Petitioners improperly used corporal punishment on a child under their care, and that the Department "cannot [be] assured that [Petitioners] will not lose control again and use excessive corporal punishment." The underlying facts are relatively brief. Petitioners were first issued a therapeutic foster care license in September 1998. Thereafter, and until their application for renewal was denied, they used the license to care for two therapeutic foster children, a type of foster child that has far more severe emotional problems than a regular foster child. On July 25, 1998, or before the license was issued, Connie Smith (Connie) was babysitting a two-year-old child in her home. When the child "messed in its pants" a second time after being previously warned not to do it again, Connie struck the child with a ruler which left bruises on the child's buttocks. The incident was investigated by the Department and culminated in the issuance of an abuse report on October 9, 1998, which is identified as abuse report number 98-084291. Apparently, that report was not contested, for it remains a confirmed report in the abuse registry. Because the Department's background screening on the Smiths was completed in May 1998, or before the abuse incident occurred, the Department was unaware of the matter when it issued the license in September 1998. The abuse report contains an admission by Connie to the mother of the child that "she had lost her temper with the baby" and struck him. At hearing, however, she denied that she "lost control" and maintained instead that the spanking was simply a form of discipline for the child. Even if Connie's version of events is accepted, the fact remains that the child was struck so hard that he suffered bruises on his buttocks. Through accepted testimony presented at hearing, the Department expressed the concern that if Connie lost control supervising a normal two-year-old child, she would have far more difficulty with older children having severe emotional problems, such as therapeutic foster children. This is a legitimate concern, and Petitioners failed to demonstrate that this concern was not well-founded.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Children and Family Services enter a final order denying Petitioners' request for renewal of their foster care license. DONE AND ENTERED this 21st day of November, 2000, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER 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 21st day of November, 2000. 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 Leo and Connie Smith 12134 County Road 684 Webster, Florida 33597 Ralph J. McMurphy, Esquire Department of Children and Family Services 1601 West Gulf Atlantic Highway Wildwood, Florida 34785-8158
The Issue Whether the Department of Children and Family Services (DCF) may revoke Respondent's family foster care license due to her continued contact with her husband after he was convicted of sexual molestation of their teen-aged daughter.
Findings Of Fact Lila and Charles Dean were licensed foster parents from 1986 through 1991, when they adopted their daughter who was then six years old. The couple subsequently had two natural daughters. In January 2001, the 16-year-old adopted daughter reported that Charles Dean had been sexually abusing her for approximately two years. Lila Dean immediately had Charles Dean move out of the family home. She has been consistently supportive of their daughter and went with her through the whole abuse and rehabilitation system. Charles Dean was convicted in 2001 of sexually abusing his adopted daughter and is a registered sex offender. Lila Dean has been separated from Charles Dean since January 2001, but she has not filed for divorce. On March 13, 2002, Lila Dean was relicensed by DCF as a family foster parent. George Payne, DCF Family Counselor III, testified that during the family foster home re-licensing process prior to March 13, 2002, Lila Dean admitted to him that she was seeing her husband away from the home once every two or three months to discuss child support, insurance, etc., and that he had no contact with the children. She also admitted that with the permission of his probation officer, Charles Dean had come to the home, while the children were at school, to make needed repairs. At Mr. Payne's urging, she promised to get someone else to make any future repairs. The licensing process took eleven months because of DCF's concerns about Mrs. Dean's contacts with her husband, but DCF licensed her individually on March 13, 2002, because of her previous excellent record as a foster parent in another district supervised by Mr. Payne from 1985 to 1989. On May 13, 2002, upon receiving an abuse report that Mrs. Dean had been having regular contacts with her husband; that Mrs. Dean had made comments in the community that Mr. Dean's sexual abuse was not that serious because the girl was his adopted, not his biological child; and that Mrs. Dean had spoken on Mr. Dean's behalf requesting that he be spared a prison sentence, DCF removed the two non-verbal, toddler, foster children who were then in Mrs. Dean's foster care and instituted a further abuse investigation. After the abuse report had been received regarding Mrs. Dean's 2002 contacts with her husband, she told Mr. Payne that she was not looking for a relationship with any other men because they might want a sexual relationship with her, but that sex was not an issue with her husband, so she felt comfortable with him. The abuse report, which related the couple's more frequent contacts, suggests the family is "working toward reconciliation," something Mrs. Dean has denied to Mr. Payne. The abuse report verifies the old abuse information as to the adopted daughter. It does not verify the tipster's allegation that Mrs. Dean does not view Mr. Dean's molestation of their adopted daughter as less serious than it would have been with a natural daughter. There is no direct testimony or otherwise reliable evidence on this issue, on the issue of whether or not she has spoken publicly on his behalf, or on the issue of whether or not a reconciliation is anticipated. There is no evidence that Charles Dean has been in the home since Lila Dean was relicensed. DCF sent a license revocation letter to Mrs. Dean after becoming aware of the increasing frequency of her contacts with her husband. The basis for revocation was given as: . . . pursuant to Section 409.175(8)(b)3. [now Section 409.175(9)(b)3] Florida Statutes, because your continued and repeated contacts with Charles Dean are inconsistent and incompatible with your role as a foster parent. It is not in the best interests of vulnerable foster children to be placed with a foster parent who considers it appropriate to have a relationship with a registered sex offender. [Clarification of statutory citation agreed-to and supplied]. Mr. Payne was unaware of any DCF rules Mrs. Dean broke by having contact with her husband. Mr. Payne has no indication that any children, natural or foster, were at greater risk post-licensing than pre- licensing due to Mr. And Mrs. Dean's increased contact. DCF cannot constantly monitor a foster parent to ensure that the children in her care are not placed at risk by her personal associations.
Recommendation Based on the foregoing Findings of Facts and Conclusions of Law, it is RECOMMENDED that the Department of Children and Family Services enter a final order reinstating the family foster home license of Lila Dean and specifically limiting any appearance on the foster home premises by Charles Dean. DONE AND ENTERED this 17th day of January, 2003, in Tallahassee, Leon County, Florida. ELLA JANE P. DAVIS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 17th day of January, 2003. COPIES FURNISHED: Lucy Goddard, Esquire Department of Children and Family Services Post Office Box 390, Mail Stop 3 Gainesville, Florida 32602 Robert Vest, Esquire 613 St. Johns Avenue Suite 212 Post Office Box 2525 Palatka, Florida 32177 Paul F. Flounlacker, Jr., Agency Clerk Department of Children and Family Services 1317 Winewood Boulevard Building 2, Room 204B Tallahassee, Florida 32399-0700 Josie Tomayo, General Counsel Department of Children and Family Services 1317 Winewood Boulevard Building 2, Room 204 Tallahassee, Florida 32399-0700
The Issue The issue for determination is whether Petitioner's foster care license should be renewed.
Findings Of Fact At all times material hereto, Cathy Taylor (Petitioner) was issued a foster care license by the Department of Health and Rehabilitative Services (Respondent). On October 25, 1994, Petitioner signed an "Agreement to Provide Substitute Care for Dependent Children (Substitute Care Agreement) with Respondent, agreeing to abide by or with certain conditions which were considered essential for the welfare of foster children in her care. The Substitute Care Agreement provided in pertinent part: We are fully and directly responsible to the department for the care of the child. * * * 6. We will not give the child into the care or physical custody of any other person(s), including the natural parent(s), without the consent of a representative of the department. * * * 9. 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. * * * 11. We will notify the department immediately of any change in our address, employment, living arrangements, family composition, or law enforcement involvement. * * * We will comply with all requirements for a licensed substitute care home as prescribed by the department. * * * We will immediately report any injuries or illness of a child in our care to the department. * * * 19. We will abide by the department's discipline policy which we received during the MAPP training. On October 13, 1993, Petitioner received a certificate from Respondent for successful completion of the MAPP training. On October 25, 1994, Petitioner signed a "Discipline Policy Agreement" (Discipline Agreement). The Discipline Agreement 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 INVESTI- GATION 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. * * * (6) Delegating authority for punishment to another child or person that is not the Foster Parent(s) ... NO OTHER CHILD, ADOLESCENT, OR ADULT IN THE HOUSEHOLD SHALL HAVE THE AUTHORITY TO DISCIPLINE. On October 11, 1995, Petitioner and Trevor Barnes signed a "Bilateral Service Agreement" (Bilateral Agreement) with Respondent, agreeing to abide by or with several conditions which were considered essential for the welfare of the children placed in the foster home. The Bilateral Agreement provides in pertinent part: 2. We are fully and directly responsible to the Department for the care of the child. * * * We will not give the child into the care or physical custody of any other person(s), including the natural parent(s), without the consent of a representative of the department.... * * * 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 of the child (i.e. health, school problems, emotional problems). * * * We will comply with all requirements for a licensed foster home as prescribed by the Department. * * * We will provide a nurturing, supportive, family- like home environment. * * * We understand that any breach of the Agreement may result in the immediate removal of the child(ren) and revocation of the license. At that time, Trevor Barnes was Petitioner's fiance. They were married in January 1996 and have, therefore, been married for less than one year. On October 11, 1995, Petitioner and Trevor Barnes signed a Discipline Agreement. The pertinent language of the Discipline Agreement was no different from the one signed on October 25, 1994. In December 1994, minor foster child N.R. was placed in the care of Petitioner. In 1995, minor foster children V.M. and J.M., two sisters, were placed in the care of Petitioner. Petitioner was responsible for the supervision and care of the foster children. Petitioner allowed her sister, an adult, and her sister's son, who was not placed with her under foster care, to live in her home. At the time, her relatives had no other place to live. Petitioner did not inform Respondent that her relatives were living with her. Petitioner violated the Substitute Care Agreement and the Bilateral Agreement. At times, Petitioner left the children under the supervision and in the care of Mr. Barnes and her sister, thereby, violating the Substitute Care Agreement and the Bilateral Agreement. On November 23, 1995, Thanksgiving day, one of Respondent's representatives, who was transporting V.M. and J.M. to visit with their prospective adoptive family, became aware of marks on one of V.M.'s legs. Respondent's representative overheard V.M. tell J.M. to look at what "mommy" had done. Respondent's representative examined V.M.'s leg and discovered marks on V.M.'s leg. She questioned V.M., regarding the marks, and V.M. confirmed what Respondent's representative had overheard. Also, V.M. informed Respondent that Petitioner spanked both she and her sister, J.M. Respondent's representative determined that the marks were consistent with marks which would result from striking the child's leg with a metal hanger. However, she could not determine if the marks were fresh or recent or old scars because she was not trained to make such a determination. There was no other evidence as to any other observations made regarding the marks. Respondent's counselor, assigned to V.M. and J.M., reported the incident. An investigation was begun by Respondent for alleged abuse. Neither V.M. nor J.M. testified at the hearing. The investigator who conducted the investigation on the alleged abuse did not testify. Petitioner denies striking V.M. with a metal hanger or with any object. Moreover, she denies having ever inflicted corporal punishment on the children. Her method of punishing the children was taking away their privileges to do the things that they enjoyed. Further, Mr. Barnes questioned V.M., regarding the marks, who told Mr. Barnes that the natural mother inflicted the marks on V.M. Respondent was unable to provide evidence as to the last period of time that the children had visited with their natural parent(s). Petitioner did not report the marks on V.M.'s leg to Respondent. Petitioner violated the Substitute Care Agreement. Regarding spanking the children, prior to the discovery of the marks on V.M.'s leg, Respondent suspected that Petitioner was spanking the children. Respondent's counselor to V.M. and J.M. questioned Petitioner as to whether she was spanking the children. Petitioner denied any spanking and responded with her method of punishment as indicated above. But, also, Petitioner informed Respondent's counselor that perhaps Mr. Barnes or her sister had spanked the children. Petitioner presented no evidence that she had confronted both her sister and Mr. Barnes as to whether they were spanking the children and that she had instructed them not to do so, as such action was violative of the Discipline Agreement. Further, there is no evidence that Respondent questioned Petitioner's sister or Mr. Barnes. There is insufficient evidence to find that Petitioner used corporal punishment. However, the circumstances presented causes concern to the extent that Respondent was justified in questioning the suitability of Petitioner to be a foster care parent. At all times material hereto, Mr. Barnes did not live with Petitioner. He lived with Petitioner's grandmother. Petitioner never indicated to Respondent that Mr. Barnes either lived in the foster home or did not live in the foster home. Although he spent considerable time at Petitioner's home, the evidence is insufficient to show that he lived with her. Even if Mr. Barnes was living with Petitioner, Respondent became aware of it in October 1995. Respondent's counselor, who was assigned to N.R., believed that Mr. Barnes was living with Petitioner and informed him that, if he was going to live with Petitioner, she had to perform a background check on him. Respondent's counselor obtained the necessary information from Mr. Barnes to perform the background check. At that time, Respondent was aware that Petitioner and Mr. Barnes were planning to be married. Petitioner received a monthly allowance from Respondent for the care of the minor foster children. Petitioner became unemployed. Petitioner did not report her unemployment to Respondent. However, Respondent's counselor, who was assigned to V.M. and J.M., was aware of Petitioner's unemployment but assumed that Mr. Barnes was Petitioner's husband and that he was supporting the family. However, Petitioner and Mr. Barnes were not married, he was not living in Petitioner's home, and he was not supporting the family. Regardless, Petitioner violated the Substitute Care Agreement and the Bilateral Agreement. Petitioner paid too little attention to V.M. and J.M.'s hygiene and personal appearance. The hygiene was inappropriate to the point that the children's school contacted Respondent. The children frequently appeared to be unkept, and Respondent did not observe the children with any new clothes. Because of her unemployment, Petitioner had insufficient income to adequately support the minor foster children. Because of the marks on V.M.'s leg, because of V.M.'s statement to Respondent that Petitioner inflicted the injury to her leg and had spanked both she and her sister, and because Respondent had determined that Petitioner had violated its rules and regulations, Respondent removed the minor foster children from Respondent's home. Furthermore, Respondent refused to renew Petitioner's foster care license. Petitioner no longer wishes to renew her license.3 CONCLUSIONS OF LAW The Division of Administrative Hearings has jurisdiction over the subject matter of this proceeding and the parties thereto pursuant to Subsection 120.57(1), Florida Statutes. Petitioner has the burden of proving by a preponderance of the evidence that her foster care license should be renewed. Department of Transportation v. J. W. C. Company, 396 So.2d 778 (Fla. 1st DCA 1981); Balino v. Department of Health and Rehabilitatives, 348 So.2d 349 (Fla. 1st DCA 1977). Section 409.175(1), Florida Statutes, provides in pertinent part: The purpose of this section is to protect the health, safety, and well-being of all children in the state who are cared for by family foster homes, residential child-caring agencies, and child-placing agencies, by providing for the establishment of licensing requirements for such homes and agencies and providing procedures to determine adherence to these requirements. Rule 10M-6, Florida Administrative Code, sets forth the minimum standards by which foster parents must be evaluated. Rule 10M-6.012 provides in pertitnent part: Section 409.175, F.S., mandates that the department establish minimum standards, or rules for the types of care defined in the statute. The standards, once promulgated, have the full force and effect of law. The licensing rules specify a level of care below which programs will not be able to operate. Rule 10M-6.024 provides in pertinent part: (4) Responsibilities of the Substitute Care Parents to the Department. * * * (b) The substitute care parents are required to participate with the department in relicensing studies and in ongoing monitoring of their home, and must provide sufficient information for the department to verify compliance with all rules and regulations. * * * (g) The substitute care parents must notify the department regarding changes which affect the life and circumstances of the shelter or foster family. Rule 10M-6.025 provides in pertinent part: Length of Marriage. If married, substitute care parents should have a stabilized, legal marriage of at least one year prior to being licensed. Income. Substitute care parents must have sufficient income to assure their stability and the security of their own family without relying on board payments. The substitute family must have sufficient income to absorb four to six weeks of a foster child's care until a board payment is received. Petitioner has failed to meet her burden of proof. Petitioner has failed to meet the minimum standards of Rule 10M-6. In addition, during the course of her licensure, Petitioner violated several provisions of the Substitute Care Agreement and the Bilateral Agreement. Regardless, Petitioner has indicated that she no longer wishes to renew her foster care license.4
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Health and Rehabilitative Services enter a final order denying the renewal of Cathy Taylor's foster care license. DONE AND ENTERED this 26th day of November 1996 in Tallahassee, Leon County, Florida. ERROL H. POWELL 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 26th day of November 1996.
