The Issue As originally framed, the issue was whether respondents' foster home license should be revoked for alleged failure to cooperate with HRS policy and personnel.
Findings Of Fact As part of the settlement agreement, HRS abandoned any effort to prove the factual allegations which gave rise to these proceedings.
Recommendation It is, accordingly, RECOMMENDED: That HRS enter a final order rescinding its letter of July 10, 1991, to Mr. and Mrs. William Scarff, with the understandings and conditions recited above. DONE and ENTERED this 23 day of January, 1992, in Tallahassee, Florida. COPIES FURNISHED: Ralph J. McMurphy, Esquire 1000 NE 16th Avenue Gainesville, FL 32609 William and Mary Scarff 8281 Weeping Willow Street Brooksville, FL 34613 ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 23 day of January, 1992. John Slye, General Counsel Department of Health and Rehabilitative Services 1323 Winewood Blvd. Tallahassee, FL 32399-0700 Sam Power, Agency Clerk Department of Health and Rehabilitative Services 1323 Winewood Blvd. Tallahassee, FL 32399-0700
The Issue The central issue in this case is whether the Petitioners are entitled to the renewal of their foster care license.
Findings Of Fact At all times material to this case, the Petitioners operated a shelter foster home in Dade County, Florida, pursuant to a license that was issued by the Department. Mr. Ezewike investigated allegations of neglect at the Petitioners' home. According to Mr. Ezewike, children residing at the home were left without adult supervision. Such children ranged in ages from a few months to teenager. Mr. Welch investigated allegations of verbal abuse against Petitioners. The report of these allegations was closed without classification. Thus the Petitioners were not identified as the perpetrators of verbal abuse. According to Mr. Blum, who also visited the home, children residing with the Petitioners were left without adult supervision. Mr. Blum observed that the interior of the house was dirty and messy. His report concluded that there were some indications of conditions hazardous to health as a result of the unkept home. Mr. Blum further observed that a refrigerator at the Grice home was encircled by a chain with a lock which prevented it from being opened. Mr. Blum also observed and overheard an interaction between Mr. Grice and some of the foster children. According to Mr. Blum, Mr. Grice used harsh and inappropriate language with the children. Jackie Hodge, supervisor of the licensing unit, received a report from another worker responsible for supervising the Grice foster home. Such report cited Mr. Grice for inappropriate and harsh language. According to Ms. Hodge, licensing standards, including the quality of care and supervision provided by foster parents, must be a part of the evaluation to determine the suitability of a home during a relicensing review. According to Ms. Hodge, the Department does not permit foster parents to be verbally abusive, including harsh or inappropriate language, with the children in their care. Ms. Hodge further explained that the condition of, and cleanliness of, the home are also part of a relicensing evaluation. Based upon the Department's practice, the failure to meet any of the licensing standards is grounds for denying a renewal of license. Ms. Hodge recommended that the Petitioners' home not be relicensed. Petitioners were timely notified of the Department's denial and timely requested an administrative review.
Recommendation Based on the foregoing, it is, hereby, RECOMMENDED: That the Department of Health and Rehabilitative Services enter a final order denying Petitioners' request for licensure renewal. DONE AND RECOMMENDED this 6th day of January, 1994, in Tallahassee, Leon County, Florida. Joyous D. Parrish Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 6th day of January, 1994. APPENDIX TO RECOMMENDED ORDER, CASE NO. 93-4951 Rulings on the proposed findings of fact submitted by the Petitioners: 1. None submitted. Rulings on the proposed findings of fact submitted by the Respondent: 1. Paragraphs 1 through 14 are accepted. COPIES FURNISHED: Hilda Fluriach District 11 Legal Office Department of Health and Rehabilitative Services 401 N.W. 2nd Avenue, N-1014 Miami, Florida 33128 Willie and Geraldine Grice 18830 N.W. 43rd Avenue Carol City, Florida 33055 Kim Tucker General Counsel Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700 Robert L. Powell Agency Clerk Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700 Bonita Jones-Peabody The Executive Building 3000 Biscayne Boulevard Suite 300 Miami, Florida 33137
The Issue Whether Petitioners, K.W. and L.A.W., should be granted a license to be foster parents.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing, the following findings of facts are made: Petitioners are a married couple who applied to Respondent for a foster home license. Petitioners have three children. The background investigation conducted by Respondent revealed reports of incidents of domestic violence and battery involving Petitioners and their children. On October 4, 1999, police officers responded to Petitioners' home after receiving a report of domestic violence. The officer's investigation revealed that one of the Petitioners, L.A.W., had been battered by her son. The child had been involved in pastoral counseling for his aggressive behavior. Petitioner, K.W., advised the police officer that the child, W.A.W., would be moving from the residence because of his continuing inappropriate behavior. On April 7, 2002, another incident of domestic violence was reported and investigated. On this occasion, the two younger children of Petitioners were involved in an altercation that resulted in Petitioner, K.W., being rendered unconscious by a blow to the head with an object delivered by one of the children, C.W. C.W. was arrested for aggravated battery. In February 2003, Petitioners desired to keep a six- month-old, unrelated child in their home. The child was placed in the home contingent on C.W.'s moving from the home and not residing in the home. Petitioners agreed to this contingency of placement, and the child was placed in Petitioners' home. On November 5, 2003, Petitioners applied to be licensed as foster parents. Ten days after Petitioners applied to be licensed, another incident of domestic violence occurred. On November 15, 2003, two of Petitioners' adult children got into a fistfight which resulted in one having a broken nose. As a result, W.A.W. was arrested. At the time of the altercation, W.A.W., 21 years old and the oldest child who had moved out at an earlier time as a result of his behavior, was residing at Petitioners' residence. Although the police report indicates that the incident occurred at Petitioners' residence, the testimony indicated that it occurred "down the street." All three of Petitioners' children continue to reside locally and frequent their parents' home. Petitioners are highly recommended by a representative of The Children's Home Society, a Guardian ad Litem, and their pastor. Respondent has the responsibility of placing foster children in a safe setting. But for the behavior of their children, Petitioners would qualify for licensure. As long as Petitioners' children frequent Petitioners' residence, any child placed in that residence is at risk. As a result, Petitioners are not qualified to be licensed as foster parents.
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 denying the foster care license application of Petitioners. DONE AND ENTERED this 12th day of January, 2005, in Tallahassee, Leon County, Florida. S JEFF B. 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 12th day of January, 2005. COPIES FURNISHED: Thomas J. Thompson, Esquire Thomas Thompson, P.A. 100 South Washington Avenue Titusville, Florida 32780 Richard Cato, Esquire Department of children and Family Services 400 West Robinson Street, Suite S-1106 Orlando, Florida 32801-1782 Paul Flounlacker, 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 in this case is whether Petitioner should revoke Respondents' foster home license for use of corporal punishment of a foster child in violation of Section 409.175(8), Florida Statutes (2001), and Florida Administrative Code Rule 65C-13.010. (Citations to statutes are to Florida Statutes (2001), and citations to rules are to rules promulgated in the Florida Administrative Code in effect on the date of this Recommended Order.)
Findings Of Fact Petitioner is the state agency responsible for licensing and regulating foster homes in Florida. Respondents are licensed foster parents. On November 1, 2001, Petitioner's Child Protection Team received an abuse report alleging that Respondent, Yvonne Lindsay, had administered corporal punishment to a foster child under Mrs. Lindsay's care and identified in the record as D.J. D.J. was born on May 6, 1997. D.J. urinated in the van owned by Respondents. D.J. urinated in the van regularly. Mrs. Lindsay became angry and grabbed D.J. forcefully by the arm. Mrs. Lindsay testified that she did not spank D.J. Mrs. Lindsay's denial concerning corporal punishment is neither credible nor persuasive. On November 2, 2001, members of the Child Protection Team examined D.J. at one of their offices. One team member who observed D.J. is an Advanced Registered Nurse Practitioner (ARNP). The ARNP has specialized in family practice since 1980 and was the supervising nurse practitioner in the examining room when other members of the Child Protection Team examined D.J. The ARNP observed fresh red contusions on D.J.'s back as well as numerous healed lesions on D.J.'s buttocks from old injuries. The ARNP observed D.J. herself and supervised the examination.
Recommendation Based upon the foregoing Findings of Fact and Conclusion of Law, it is RECOMMENDED that the Petitioner enter a Final Order finding that Mrs. Lindsay used corporal punishment against one of her foster children in violation of Section 409.175 and Rule 65C-13.010 and revoking Respondents' foster care license. DONE AND ENTERED this 6th day of March, 2003, 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 6th day of March, 2003. COPIES FURNISHED: Richard Cato, Esquire Department of Children and Family Services 400 West Robinson Street Suite S-1106 Orlando, Florida 32801-1782 J. William Masters, Esquire 2901 Curry Ford Road, Suite 207 Orlando, Florida 32806 Paul Flounlacker, 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 Jerry Regier, Secretary Department of Children and Family Services 1317 Winewood Boulevard Building 1, Room 202 Tallahassee, Florida 32399-0700
The Issue Whether Respondents’ renewal foster home license application should be denied based upon allegations that Respondents violated a foster child’s safety plan, refused to sign a corrective action plan, and refused to work in partnership with Petitioner.
Findings Of Fact The Parties DCF is the state agency responsible for licensing foster care parents and foster homes pursuant to section 409.175, Florida Statutes. DCF administers foster care programs by contracting with third-party private entities. In Circuit 19, which is the geographic area encompassing Port St. Lucie, DCF has contracted with Devereux Community Based Care (“Devereux”) to be the “lead agency” to provide the majority of child services. Devereux, in turn, has subcontracted with Camelot Community Care (“Camelot”), which is licensed as a child placement agency. Respondents, who are husband and wife, are foster care parents in a foster care home licensed by DCF. At all times material hereto, Mr. and Mrs. Arias have fostered children at their home in Port St. Lucie. Respondent, Kathleen Arias (“Mrs. Arias”), does not work outside the foster home. She is a “stay-at-home” foster mom. Over the past 16 years, Mrs. Arias has fostered many children. Mrs. Arias is very loving to the foster children in her care, and she has provided a great benefit to the foster children in her care.2/ Kenneth Strout’s Prior History of Sexually Inappropriate Behaviors Kenneth Strout (“Kenneth”), who recently turned 18 years old, was placed into Respondents’ foster home in 2013. Prior to his placement in Respondents’ home, Kenneth engaged in inappropriate sexual behaviors. As a therapeutic foster child in Respondents’ home, Kenneth received therapeutic services, including therapy, psychiatric services, support, and therapeutic parenting by a trained therapeutic foster parent, Mrs. Arias. Despite receiving therapeutic services, Kenneth continued to engage in inappropriate sexual behaviors while living in Respondents’ home. During the time in which Kenneth lived in the home, he had a history of sexually touching others, exposing himself, and masturbating in close proximity to others. On one particular occasion on September 17, 2014, Kenneth was sitting on the couch watching television, and Mrs. Arias’ sister walked in the room. While she had her back to Kenneth, he dropped his pants, exposed himself to her, and pressed his penis against her buttocks. The Applicable Safety Plan Requirements As a result of this incident, an updated safety plan was developed.3/ The safety plan was signed by Mrs. Arias on October 8, 2014. Mrs. Arias reviewed the safety plan and is aware of the requirements of the safety plan. Specifically, the safety plan requires, in pertinent part: “Client needs to be within eyesight and earshot of a responsible adult, who is aware of and will enforce the safety plan at all times.” The May 28, 2015, Incident at LA Fitness and its Aftermath Against this backdrop, on May 28, 2015, at approximately 8:00 p.m., Mrs. Arias took Kenneth, who was 17 years old at the time, to LA Fitness, a gym facility in Port St. Lucie. Mrs. Arias had a membership at LA Fitness and frequented the facility on a regular basis. Despite Ms. Arias’ knowledge of Kenneth’s inappropriate sexual propensities, Kenneth often accompanied Mrs. Arias to the facility, where he would play basketball on an indoor basketball court, while Mrs. Arias exercised in another area at the facility. During the evening of May 28, 2015, Kenneth had been playing basketball on the indoor basketball court. He left the basketball court and approached Mrs. Arias and told her that he needed to use the bathroom. Mrs. Arias gave Kenneth permission to go to the bathroom. The men’s restroom is located inside the men’s locker room. At this point, Kenneth walked toward the men’s locker room, and entered the men’s locker room through the door leading from a hallway into the men’s locker room. Mrs. Arias did not go into the men’s locker room with Kenneth, nor was Kenneth accompanied by an adult when he entered the men’s locker room. Once Kenneth entered the men’s locker room, he walked to the other end of the locker room to another door, which led to the Jacuzzi area. Kenneth then opened the door from the men’s locker room leading to the Jacuzzi area. At this point, Kenneth observed a female, Concepcion Alvarado, sitting alone in the Jacuzzi. Ms. Alvarado was in her swimsuit. At this point, Ms. Alvarado was relaxing in the Jacuzzi with her eyes closed. After observing Ms. Alvarado for a moment, Kenneth stripped down to his boxer shorts, entered the Jacuzzi, and inappropriately touched Ms. Alvarado on her leg. Upon realizing that somebody touched her leg, Ms. Alvarado opened her eyes, saw Kenneth in front of her, and said to him: “What are you doing, little boy?” “Just get out of my way, or do your own stuff.” Kenneth then touched Ms. Alvarado on her shoulder. At this point, Ms. Alvarado became very angry and said to Kenneth: “Why are you touching me? You’re not supposed to do that.” “Just get out.” Kenneth smiled at Ms. Alvarado as Ms. Alvarado exited the Jacuzzi. Ms. Alvarado then entered the nearby pool. Kenneth followed Ms. Alvarado and jumped in the pool as well. Ms. Alvarado recognized Kenneth because he had engaged in similar inappropriate sexual behavior a week earlier. On the prior occasion, Kenneth and Ms. Alvarado were in the Jacuzzi when Kenneth tried to kiss her and touched her leg. Ms. Alvarado did not report the prior incident. However, Ms. Alvarado reported the May 28, 2015, incident to an LA Fitness employee. Shortly thereafter, law enforcement officers arrived at the facility and arrested Kenneth. Kenneth was taken to a juvenile detention facility where he spent the night. Kenneth was not within eyeshot or earshot of Mrs. Arias or another responsible adult once he entered the men’s locker room on May 28, 2015. Kenneth was not within eyeshot or earshot of Mrs. Arias or another responsible adult when the inappropriate physical contact perpetrated by Kenneth against Ms. Alvarado in the Jacuzzi on May 28, 2015, occurred. The persuasive and credible evidence adduced at hearing establishes that Respondents violated the October 2014 safety plan by failing to ensure that Kenneth was within earshot and eyeshot of a responsible adult at all times when he was at LA Fitness. Had Kenneth been within eyeshot and earshot of a responsible adult at all times on May 28, 2015, while he was at LA Fitness, the incident in the Jacuzzi with Ms. Alvarado would not have occurred.4/ Notably, given Kenneth’s history of sexually inappropriate behaviors, Mrs. Arias knew that she was taking a risk to the public in bringing Kenneth to LA fitness because it was an environment that could be problematic for him. At hearing, Ms. Linda Green, a licensed clinical social worker formerly employed by Camelot, persuasively and credibly explained the difficulties she and Mrs. Arias faced in their efforts to deal with Kenneth’s sexually inappropriate behaviors. According to Ms. Green, a true bond developed between Mrs. Arias and Kenneth. Kenneth referred to Mrs. Arias as “mom,” and he felt like she was his mother. In an attempt to keep the family unit intact, Ms. Green wanted significant “client-directed therapy” and “advocation because the client should have the right to control their life.” On the other hand, Ms. Green was concerned about keeping society safe from Kenneth. In hindsight, Ms. Green candidly admitted at hearing that Kenneth “probably needed institutionalization sooner.” Mrs. Arias recognized her inability to control Kenneth’s sexually inappropriate behaviors and the danger he posed to society prior to the May 28, 2015, incident. Prior to the May 28, 2015, incident, Mrs. Arias requested that Kenneth be placed on a “30-Day Notice.” Kenneth was on a “30-Day Notice” when the incident at the gym on May 28, 2015, occurred. Nevertheless, Kenneth remained in the Respondents’ home as of the May 28, 2015, incident at the gym because Devereux was having difficulty finding a new placement, and Mrs. Arias agreed to keep Kenneth in the home until after the end of the school year. The school year ended the first week of June. Kenneth never returned to Respondents’ home after the May 28, 2015, incident at LA Fitness. Instead, Kenneth was discharged from the foster care program, and placed in a group facility where he has resided ever since. It is anticipated that Kenneth will remain in the group facility until he is 23 years old. Following the incident at the LA Fitness gym on May 28, 2015, DCF undertook an investigation. As a result of its investigation, DCF concluded that the safety plan was violated because Kenneth was not within earshot or eyeshot of a responsible adult when the incident at the gym on May 28, 2015, occurred. DCF’s investigation resulted in a verified finding of abuse against Respondents based on inadequate supervision. Based on DCF’s verified finding of abuse based on inadequate supervision, a corrective action plan was required by administrative rule and prepared for Respondents to execute. A corrective action plan is a document which identifies issues of concern to DCF and how DCF, as an agency, can work together with the foster parent to improve the foster parent’s performance. A corrective action plan serves as a supportive intervention and is not punitive in nature. Respondents refused to execute the corrective action plan because they were concerned that, in doing so, they would admit DCF’s investigative finding of abuse based on inadequate supervision. The persuasive and credible evidence adduced at hearing establishes that Respondents refused to execute the corrective action plan. The persuasive and credible evidence adduced at hearing fails to establish that Respondents failed to work in partnership with DCF.5/ Respondents’ foster care license was due to expire on October 18, 2015. After the May 28, 2015, incident occurred, DCF placed another child under Respondents’ care. Regardless of the incident at LA Fitness on May 28, 2015, DCF intended to re-license Respondents. DCF intended to renew Respondents’ foster care license after the May 28, 2015, incident despite the verified finding of inadequate supervision. DCF was unable to re-license Respondents because they failed to execute the corrective action plan required by rule. Had Respondents executed the corrective action plan required by DCF, Respondents’ foster care license would have been renewed.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be issued by the Department of Children and Families placing Respondents’ foster care license in provisional status for six months, during which time Respondents shall execute the corrective action plan. If Respondents decline to execute the corrective action plan within six months, the provisional license will not be replaced with a regular license or renewed.7/ DONE AND ENTERED this 3rd day of June, 2016, in Tallahassee, Leon County, Florida. S DARREN A. SCHWARTZ 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 3rd day of June, 2016.
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 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 proceeding is whether the Department of Children and Family Services should revoke the foster care license of Joey and Donna Tolbert.
Findings Of Fact At all times material to this proceeding, the home of Joey and Donna Tolbert was licensed by the Department as a foster home. They were initially licensed provisionally in December of 1998 for one year. They received a regular license in 1999 and retained a regular license until December 1, 2000, when they were issued license number 1200-008-2, a child specific license with a capacity of two children. The Relicensure Process Prior to issuing the child specific license, two Department employees of the Department, Mary Martin, a relicensing counselor for foster homes, and Ann Brock, a family services counselor, conducted a relicensing visit to the Tolbert's home on October 12, 2000. Donna Tolbert was present but Joey Tolbert was out of town. During the home visit, a Bilateral Service Agreement (Agreement) was signed by Mrs. Tolbert and Ms. Martin. The Agreement was signed and dated by Mr. Tolbert and again by Ms. Martin on October 17, 2000. The relicensing visit resulted in a Foster Home Relicensing Summary written by Mary Martin. The Summary recommended that the Tolberts be issued a regular license effective December 1, 2000 through December 1, 2001, for the capacity of two children. The Summary was signed by Mary Martin on October 26, 2000, and read in pertinent part as follows: The Tolbert family is an invaluable asset to this Department. They have made themselves available on a regular basis for the placement of children when needed. Both Mr. and Mrs. Tolbert are experienced in childcare and they have three (3) children with special needs whom they adopted prior. They should not be asked to take numerous children with severe behavioral problems or teenagers. It appears Mr. and Mrs. Tolbert have satisfied the Florida Administrative Code, Chapter 65C-15, requirements. It is respectfully recommended that the Tolbert family be issued a REGULAR license, effective December 1, 2000, through December 1, 2001, for the a capacity of two (2) children, ages birth (0) through twelve (12) years of either gender. Children with severe behavioral problems and teenagers are not to be placed in the Tolbert home. However, Ms. Martin later wrote an addendum to the licensing summary. According to Ms. Martin, she was asked by her supervisor, Jill Green, to write the addendum. The addendum is undated but references the October 12, 2000, home relicensing visit that resulted in her original recommendation. There is also an entry dated October 16, 2000, which is a date prior in time to her signature to the original relicensure summary, and an entry dated November 17, 2000. The addendum relates to matters concerning the Tolberts and their adopted son, Mi.1/ Richard Messerly has worked for the Department for approximately 22 years and works in protective investigations in Pensacola. From June 1999 through September 2001, he was the program operations administrator for the central licensing unit of the Department. In that position, he had authority over foster care licensure. He supervised Mary Martin and her supervisor, Jill Green. Mr. Messerly signed Ms. Martin's relicensure summary on December 4, 2000, and initialed both pages of her addendum. He also created a written history of the Tolbert foster home which concluded with a recommendation that the Tolberts' foster home license be revoked: SUMMARY/RECOMMENDATIONS The Tolbert family has a positive licensing history of capably caring for many of our foster children. However, a serious change has occurred in the family's willingness to work with our staff, including rebuffing our attempts to offer them assistance with the disruption of an adoptive placement. The Tolberts have attempted to convince others that they had been requesting assistance for M for a very long period of time and that this is flatly not borne out in licensing records. The matter was never brought to our attention until the visit in October 2000, at which time the matter was promptly referred to the adoptions unit, who responded promptly. Since that time the family has not cooperated with any attempts to assist them in that matter, and they seem to be insensitive to M's plight, and are completely focused on regaining their prior licensed status, as if nothing had happened. Contacts with Pat Franklin, Kathi Guy, Sally Townsend and others reflect the absence of any prompt attempts to get help dealing with M's behaviors, yet many requests were made regarding foster children in their care with similar problems during the same time frame. It appears the family was more focused on attending the needs of foster children to the exclusion of sensitivity to their own (adopted) child's cries for help. Even when the needs were identified, the family was unwilling to become involved in attempts to remedy the problems and appeared to have given up on the child. I am very uncomfortable with the inappropriate position this family has taken in regard to our family safety staff, as well as licensing staff, and do not see how we can hope to interact positively with them given their recent radical behaviors and threats. I feel that they have violated the Bilateral Service Agreement and have failed to "Treat all members of the foster care team with respect and courtesy." I recommend that we revoke the license using the violation of the agreement in conjunction with their other oppositional behaviors, omissions, and misrepresentations reflected in family safety foster care and adoptions records. On December 1, 2000, Mr. Messerly signed a letter on behalf of Charles Bates addressed to the Tolberts which read: Dear Mr. And Mrs. Tolbert: Your home has been relicensed for the continuance placement of D and M.R. only. No other placements or overcapacity requests will be authorized at this time. A regular license is issued for twelve months pending the outcome of matters presently before the Circuit Court. If you have questions or wish to discuss this further, please contact Jill Greene, Foster Care Licensing Supervisor at (850)- 595-8451. On June 4, 2001, Mrs. Tolbert met with Charles Bates, District Administrator for District 1 of the Department. This meeting was at Mrs. Tolbert's request regarding her foster care licensure status. During that meeting, Mrs. Tolbert complained to Mr. Bates about certain adoption case workers. On August 24, 2001, Charles Bates sent a letter to the Tolberts notifying them of the revocation of their license. The letter reads in pertinent part as follows: RE: Revocation of Foster Home License. Dear Mr. and Mrs. Tolbert: This letter is to inform you that the Department of Children and Families has made a decision to revoke your foster home license. The basis for this decision is your failure to comply with Florida Administrative Code 65C-13 and the Bilateral Service Agreement (form CF-FSP 5226) which you executed. Florida Administrative Code 65C-13.009(1)(e)5. states: Work in a partnership. Develop partnerships with children and youth, birth families, the department, and the community to develop and carry out plans for permanency. Florida Administrative Code 65C-13.010(1)(c)1. states: Substitute care parents are expected to work cooperatively with the counselor as a member of a treatment team in seeking counseling, participating in consultation, and preparing and implementing the performance agreement or permanent placement plan for each child. Florida Administrative Code 65C-13.010(4)(i) states: The substitute care parents must be able to accept supervision by department staff and participate in and support case plans for children in their homes. Specifically, substitute care parents must be included in the development of performance agreements or permanent placement plans, and in the carrying out of these plans. As part of your foster care licensing, you executed a bilateral Service Agreement. The Bilateral Service Agreement that you signed enumerated the Administrative Code responsibilities and detailed responsibilities of foster parents. The paragraphs violated are listed below in pertinent part: h. To notify the department immediately of a potential change in a family composition, significant health changes or any other condition that may affect the child's well- being. Obtain authorization from the department prior to spending money for which repayment is expected. To accept the direction and supervision given by department to assist in caring for the foster child. To work cooperatively with the department to attend scheduled meetings to discuss the child and his family and to meet the needs of the child. To treat all members of the foster care team (i.e., the department, child's family, and GALS) with respect and courtesy. As stated in the service agreement, non-compliance with any of the above provisions can result in termination of the service agreement and may also result in the department revoking the home's license. You have failed to comply with the above code citations and service agreement provisions in that you have accused departmental staff of failing to disclose complete information to you and of misrepresenting statements that you have made. You have not worked cooperatively with the department employees who offered to assist you and your child; and have not worked in partnership with the department. Specifically, you have previously stated you were obtaining therapy for a child, didn't agree with the therapist's recommendation, and were obtaining a psychiatric evaluation and assessment for the child, when in fact you did not do any of those things. A review of the department records reflected concerns you mentioned to the department in October 2000, regarding your child's disruptive behavior. However you would accept no assistance even though the department offered extensive assistance. You surrendered your adopted child later that same month. Further, you have stated to a department employee that Ms. Peggy Custred and Ms. Sally Townsend should not work for the department, have accused them of wrongdoing, and have stated that you "will have their jobs." You have failed to treat members of the department with respect and courtesy. Given the above problems, I find that it would not be in the children's best interests to continue licensing your foster home and am permanently revoking your license. The Tolberts as foster parents The overwhelming evidence shows that the Tolberts were excellent foster parents. Jane Crittenden, licensing supervisor for the Department, who was a foster care supervisor at the times material to this proceeding, acknowledged that the Tolberts received the award of Foster Parents of the Year in May of 2000 for the year 1999. She also acknowledged that as far as she knew, the Tolberts excelled as far as their work as foster parents; the foster children in their care did quite well; the Tolberts always seemed to provide a loving, nurturing home to foster children placed there; the Tolberts were called on by the Department to take extra children beyond their cap, which they agreed to do; and the Tolberts cooperated with her and her case workers during the period of time she worked with them. Arlene Johnson, a former guardian ad litem for a foster child in the Tolberts' home from December 1998 until July 1999, visited the Tolbert home about twice a week during that time. She has been in a lot of foster homes and described the Tolberts' home as "the best one I've been in." Gerald Reese, a family service counselor for the Department, worked with the Tolberts over a period of 6 to 7 months in 1999 and 2000 while he was a case worker. During that time, Mr. Reese did not have problems dealing with the Tolberts, did not observe any instance in which the children were not adequately provided for, and observed that the foster children in the Tolberts' home were happy. Richard Messerly acknowledged that the Tolberts were exemplary foster parents as far as the care they provided to the foster children in their care. Mr. Messerly also acknowledged that the only staff the Tolberts had problems with were particular members of the adoption staff, not the Department's foster care staff. The wallpaper expense Carlita Bennett was employed by the Department from 1986 until March of 2002. When she was working for the Department in the capacity of a foster parent recruiter in May of 2001, she sent an e-mail message to Mary Martin regarding the Tolberts which contained the following: 11/04/99 A restitution claim form was submitted by Mrs. T for damage to wallpaper caused by 2 yr. Old. The bill total was $1,151.04 to replace wallpaper in living room, dining room, kitchen and hall. PS Counselors were not made aware of the damage until repairs were made. According to Ms. Bennett, it is regular procedure for someone from the department to go out to a foster home and look at damage before repairs are made. The Bilateral Services Agreement requires the foster parents to obtain authorization from the Department prior to spending money for which repayment is expected. According to Ms. Bennett, this policy was not followed in this instance. Ms. Bennett did not explain why she sent the e-mail message on May 30, 2001, to Mary Martin referencing an incident that took place two and one-half years earlier. According to Mrs. Tolbert, a former two-year-old foster child in her care ripped the wallpaper in the dining room and the living room. Her dining room, kitchen, and hallway are all one color. According to Mrs. Tolbert, she gave an estimate of the repair work to Shiela Campbell, an employee of the Department. Richard Messerly acknowledged that this matter of the expense for wallpaper would not in and of itself have resulted in the Department revoking the Tolberts' foster care license. At most, the Department would have only talked to the Tolberts had there not been other issues about which the Department was concerned. Notification to Department of change of condition The August 24, 2001, revocation letter from Mr. Bates alleged that the Tolberts failed to notify the Department of a potential change in conditions in the home that might affect the well-being of foster care children in the home. This allegation relates to behavior problems of the Tolberts' adopted son, Mi. The Tolberts adopted Mi. in September of 1998. They signed surrenders of Mi. in November of 2000. The Tolberts' surrender of Mi. was central to the Department's decision to revoke the Tolbert's foster care license.2/ Mi. began having serious behavior problems in 1999. Mrs. Tolbert recalls telling Gerald Reese, the foster care worker assigned to the Tolberts at that time, about problems with Mi. Mr. Reese acknowledged that Mrs. Tolbert mentioned to him problems she was having with Mi. to which he responded that she should bring it to the attention of the adoption case worker. The Tolberts' adoption case worker was Sally Townsend. Mrs. Townsend recalls that Mrs. Tolbert stopped by her office three times when Mrs. Tolbert was in the Ft. Walton Beach Service Center to see other department employees. Mrs. Townsend acknowledged that Mrs. Tolbert told her of behavior problems with Mi. the first time she stopped by Mrs. Townsend's office. The second time Mrs. Townsend recalls that Mrs. Tolbert told her Mi.'s behavior problems were better. The third time, however, Mrs. Tolbert informed Mrs. Townsend that Mi.'s behavior was much worse. Mrs. Tolbert remembers these encounters with Mrs. Townsend differently. According to Mrs. Tolbert, she met with Mrs. Townsend approximately 10 times during which she spoke to her about Mi.'s behavior problems. According to Mrs. Townsend's case notes, Mrs. Tolbert told her on October 24, 2000, that Mi. was urinating all over the house, had gotten a butcher knife out of a drawer in the kitchen, and shoved a puppy's head under a piece of furniture. Evidence was presented at hearing regarding whether or when the Tolberts received notice that Mi. had significant problems before he was adopted by the Tolberts. However, what is important for purposes of this proceeding is when was the Department notified of Mi.'s problems. The Department knew of Mi.'s previous problems prior in time to the Tolberts adopting Mi. and were told as early as 1999 that the Tolberts were experiencing behavior problems with Mi. Kathi Guy is an adoption program specialist for the department. She met with the Tolberts immediately after Mrs. Tolbert met with Mr. Bates on June 4, 2001. On June 21, 2001, she wrote a memorandum to Charles Bates concerning the issues relating to the Tolberts. Regarding the issue of the Tolberts' responsibility of notifying the Department of Mi.'s behavior in relation to the foster children in the home, Ms. Guy wrote, "It is unclear what responsibility the Tolberts had to inform Central Licensing of M's behaviors that may have had injurious effects on foster children in their care." Working in partnership The June 24, 2001, revocation letter alleges that the Tolberts failed to work in partnership with the Department and did not obtain certain services for Mi. although they were offered. It is important to remember that the provisions to which Mr. Bates' revocation letter references are part of the Bilateral Services Agreement that pertained to the Tolberts' role as foster parents. However, Mi. was their adopted son, he was not a foster child at that time. Further, there is ample evidence in the record that the Tolberts sought and received services for Mi. over time, although they were in disagreement with the Department regarding certain services during the time immediately preceding the surrender of Mi. Marianne Vance is a first grade teacher. Mi. was in her class for two years. According to Ms. Vance, Mi. received testing in school for learning disabilities and for "everything possible." When Mi.'s behavior problems became worse during his second year in Ms. Vance's class, Mrs. Tolbert sought assistance from the school. The school counselor worked with Mi. and Mrs. Tolbert. According to Ms. Vance, the Tolberts did everything possible in seeking help or assistance.
Recommendation Based upon the Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the Department of Children and Family Services enter a final order rescinding its revocation of the Tolberts' foster care license. DONE AND ENTERED this 31st day of July, 2002, in Tallahassee, Leon County, Florida. BARBARA J. STAROS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 31st day of July, 2002.
The Issue Whether Petitioner’s request for a foster home license should be denied due to her alleged failure to comply with foster care licensing requirements.
Findings Of Fact Since 2006, Petitioner has held a foster care license, issued by the Department through Citrus, which is a child placing agency ("CPA"). Since becoming a foster parent, there have never been any concerns raised as to the care Petitioner provided to the foster children. Every year, Petitioner entered into a Bilateral Service Agreement with Citrus. The Agreement identifies the responsibilities of both the foster parents and Citrus on behalf of the children served in the foster care program. Under the heading “Foster Parent Responsibilities to the CPA” the Bilateral Service Agreement provides that the foster parent is required: To notify the CPA immediately of a potential change in address, living arrangements, marital status, family composition (who is in the home), employment, significant health changes or any other condition that may affect the child’s well-being. To notify the CPA promptly of all contacts the family or any member of the home has with police or any law enforcement agencies. In the summer of 2010, Citrus sent a letter to all foster parents reminding them that all family members or visitors who frequent the home on a daily basis, or sleep overnight, or have constant contact with the foster children, must have background checks completed. In the fall of 2010, for the annual review for the upcoming year of 2011, Citrus conducted a home study, which included an announced visit and inspection of the home. The Citrus consultant who conducted the home study recorded that Warren Clark (Clark), Petitioner’s son, was living in the home. Petitioner’s daughter was listed as a family member that did not live in the home and was not a frequent visitor. She conducted a background screening on Clark, and discovered that Clark had been arrested twice for battery/aggravated assault charges in May, 2010. If Petitioner’s daughter had been listed as a household member or frequent visitor, the consultant would have conducted background screening on the daughter as well. During her announced visit, the consultant saw Clark’s room, and only noticed male belongings. She did not see any kind of female items, such as jewelry, makeup, or female clothing. Petitioner never reported Clark’s arrests to Citrus. At the hearing, she testified that she was unaware of her son’s arrests, and was only made aware of the arrests when the Citrus consultant told her about them. Her son testified that he had never told his mother about the arrests because he was embarrassed. The undersigned does not find this testimony credible, as it is self-serving in nature and is not plausible, given that Petitioner’s son lived with Petitioner and was arrested twice in one month. It was ultimately Petitioner’s duty to be informed of any involvement between a household member and law enforcement, and to promptly notify the Department. On January 27, 2011, a foster care licensing staffing was held. Petitioner agreed to have her son move out of her home, due to the nature of the arrests. To memorialize the agreement reached during the meeting, Petitioner signed a statement indicating that she would have her son move out of the foster home, and that she understood that if her daughter was going to be a frequent visitor, her daughter needed to be fingerprinted. The statement also indicated that any violation of this agreement might result in revocation of her foster home license. This statement was dated February 22, 2011. During the exit interviews of two of Petitioner’s foster care children, the children reported that Petitioner’s daughter lived at the foster home. Citrus and the Department conducted an unannounced home visit on March 10, 2011. Dulce Pupo, a Citrus Foster Care Licensing Supervisor, and Ada Gonzalez, a Department Licensing Specialist, conducted the visit. Present at the home were two foster children, Petitioner, Petitioner’s daughter, and a tutor for one of the foster children. One foster child, who was approximately 12 years old, told Ms. Gonzalez that Petitioner’s daughter lived in the home, and pointed out her bedroom. When Ms. Gonzalez approached the room that had been indicated, Petitioner asked her not to enter that room, because it was messy. Ms. Gonzalez entered the bedroom, and found items that belonged to a woman; she photographed women’s jewelry, skin products, perfumes, women’s clothing, women’s shoes, and a curling iron that she saw in the room. Petitioner told Ms. Gonzalez that the items were her daughter’s items, but that her daughter did not live at the foster home. On March 11, 2011, a staffing was held. Petitioner attended and admitted that her daughter was living at her home. At the hearing, Petitioner explained that during this staffing, she was very upset, and misspoke when she stated that her daughter lived in her foster home. She, did, however, admit that her daughter was a frequent visitor, and that she should have reported that fact to Citrus. On May 9, 2011, the renewal of Petitioner’s foster care license was denied by the Department.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Department of Children and Families enter a final order finding that Petitioner violated section 409.175(9), Florida Statutes, and deny Petitioner’s request to renew her foster home license. DONE AND ENTERED this 27th day of October, 2011, in Tallahassee, Leon County, Florida. S JESSICA E. VARN 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 27th day of October, 2011.
The Issue Whether Respondents' application for renewal of their family foster home license should be denied on the grounds set forth in the agency's August 16, 1995, letter to Respondents?
Findings Of Fact Based upon the evidence adduced at hearing, and the record as a whole, the following Findings of Fact are made: The Department is a state government licensing and regulatory agency. At all times material to the instant case, Respondents Jose and Emma Perez were licensed to operate a family foster home at their residence in Hialeah, Florida (hereinafter after referred to as the "licensed home"). Before obtaining their license, Respondents were required by the Department to sign an "Agreement to Provide Substitute Care for Dependent Children" (hereinafter referred to as the "Agreement"). Respondents signed the Agreement on or about July 1, 1994. In so doing, they agreed that they would, as licensed foster parents, among other things, "comply with all requirements for a licensed substitute care home as prescribed by the [D]epartment." 1/ On or about January 13, 1995, Respondent Jose Perez was involved in a physical altercation with his brother-in-law. The altercation took place in the licensed home. 2/ The brother-in-law was living with Respondents in the licensed home (on a temporary basis) at the time of the incident. 3/ During the altercation, Jose threw a glass object in the direction of his brother-in-law. The object hit a wall and shattered upon impact. A piece of flying, shattered glass accidentally struck Respondents' daughter, Jessica, 4/ who was sleeping in her bedroom. Jessica sustained a cut on her forehead. Jose was subsequently arrested for aggravated battery by the Hialeah Police Department. 5/ Some time after the incident, the Department placed two foster children, A.A. and H.A., in Respondents' care. In the summer of 1995, Respondents filed with the Department an application to renew their family foster home license. The application was ultimately assigned (for review and investigation) to John Gallagher, a senior (foster) licensing counselor with the Department. On July 19, 1995, Gallagher went to the licensed home. Outside the home, on the northwest portion of Respondents' property, Gallagher observed a considerable number of, what appeared to be, discarded items. Inside the home, the floors were dirty and littered with a large amount of trash. On the floor in one of the rooms was dog feces, which Gallagher instructed Respondents to "pick . . . up immediately." During his visit to the licensed home on July 19, 1995, Gallagher had Respondents sign a "Bilateral Service Agreement," which was similar, but not identical, to the Agreement that Respondents had signed the year before. All of the necessary paperwork, however, was not completed during the visit. Upon leaving the home, Gallagher told Respondents that he would stop by again at the end of the day or on the following day to finish the paperwork. At 9:00 a.m. the next day, July 20, 1995, Gallagher returned to the licensed home. He was accompanied on this visit by Maria Siervo, another (foster care) licensing counselor with the Department. The conditions both outside and inside the home were not materially better than they had been the day before when Gallagher had paid his first visit to the home. In the clutter outside the home on the northwest portion of the property was a bucket (with no top or covering) that contained broken glass and a discarded baby diaper. On a table outside the home was a baby bottle containing congealed milk. Both the bucket and the bottle were readily accessible to A.A., the older of the two foster children in the licensed home. (A.A. was approximately two years of age.) Inside the home, the floors were still covered with a considerable amount of dirt and trash. They obviously had not been swept or mopped. A.A. was walking around on these floors without any shoes or socks on in her bare feet. There was a freestanding fan in the bedroom that A.A. and H.A. shared that did not have a protective covering. When Gallagher was in the bedroom, he saw the fan operating and A.A.'s fingers come within a few inches of the fan's exposed, moving blades. Gallagher instructed Respondents to either obtain a protective covering for the fan or remove it from the home. There were no screens on the windows of the home to keep insects out of the living area. 6/ In addition, two doors to the home were "wide open" throughout Gallagher's and Siervo's visit. H.A. was in a playpen that was old and dirty. In Gallagher's presence, a cat with sharp claws (which was not Respondents') started climbing up the side of the playpen. The cat was removed from the premises, however, before it was able to join H.A. in the playpen. The cat was not the only animal in the home on July 20, 1995. Gallagher also discovered newborn puppies underneath a bed in the home. Gallagher and Siervo spoke with Respondents during their July 20, 1995, visit about the unclean, unhealthy and hazardous conditions that existed in the licensed home. They asked both Respondents why the home was not clean. Jose responded by stating that he worked all day and that it was his wife's responsibility to clean the home. Emma stated that she was planning on cleaning the home, but that she was "lazy" and had not yet gotten around to it. Later that same day, after he and Siervo had left the licensed home, Gallagher reported what he had observed on his two visits to the home to the Department's abuse hotline. Two additional reports, both alleging that there was violence in the home, were subsequently made to the abuse hotline. All three reports were assigned to Darlise Baron, a protective investigator with the Department, for investigation. As part of her investigation, which began on March 20, 1995, Baron visited the licensed home. Conditions had improved since Gallagher's and Siervo's visit to the home on July 20, 1995. As Baron stated in her investigative report: Upon PI['s] arrival at address . . ., PI did not see any immediate danger for the children. The family had clean[ed] up the house. The floor was swept, kitchen was clean, no dirty dishes in the sink or around kitchen, the bathrooms were clean, the children's room was clean, the beds [were] made w/clean sheets. Mom['s] room had clean clothes on the bed being folded to be put away. There was dog feces seen on the floors. The large bags of garbage w[ere] placed on the curb, which was fil[l]ed w/clothes and grass. The fan w/out cover was placed in mom's room w/door close[d] to be thrown away. The dirty baby's bottle was not seen. . . . Nonetheless, in view of the information that she had concerning the conditions that had previously existed in the home and the incident that had occurred in the home involving Jose and his brother-in-law, 7/ Baron determined that the reports that were the subject of her investigation should be classified as proposed confirmed and she so indicated in her investigative report. 8/
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Department enter a final order denying Respondents' application for the renewal of their family foster home license, without prejudice to Respondents applying for a new license after July 31, 1996. 12/ DONE AND ENTERED in Tallahassee, Leon County, Florida, this 18th day of March, 1996. STUART M. LERNER, 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 18th day of March, 1996.
