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 Whether the Petitioner is entitled to renewal of a foster care license.
Findings Of Fact Petitioner, Betty Stewart, was licensed by the Department to operate a foster care home on August 5, 1991. Thereafter, until the instant matter arose, Petitioner received a renewal of this license. On August 18, 1997, the Department notified Petitioner that her license would not be renewed. The decision was based upon Petitioner's alleged failure to meet the minimum standards for foster parenting. More specifically, the denial alleged concerns with Petitioner which included: Standard housekeeping standards. Counselors have reported that your home was not kept clean. They noted a stale odor, and observed clothes piled up and roach infestations. Lack of stability in housing. The licensing record indicates that you have had at least five different residences since you were licensed in 1991. Constant moving does not provide stability for the children placed with you. Inadequate medical care for a child in our home. The counselor for a child who had been in your home indicated that you failed to get timely dental care for a child in your home that resulted in the child needing to have a tooth extracted. Additionally it was reported that you did not follow-up with getting a dermatologist's prescription filled for this same child. Concerns that your son was dealing in illegal drugs. While your son did not live with you, he was in and out of your home and having contact with the foster children in your home, which in fact could have a potentially negative impact on them. You did admit to Laura Williams, the foster parent liaison, that you were aware that he was dealing drugs. During the time of Petitioner's licensure, she was licensed at five different locations. That is, she moved from one property to another and relicensed the new location, five times in six years. Additionally, during the time of licensure, Petitioner received a "provisional license" on four occasions. A provisional license is issued when the applicant must take additional measures to comply with all licensure requirements. On four occasions the Department worked with the Petitioner so that she would obtain licensure. For each license, Petitioner executed an agreement to provide substitute care for dependent children as prescribed by the Department. This agreement required Petitioner to comply with all rules implemented for foster care homes and specifically required Petitioner to report any illness of a child to the Department. In one instance, the Petitioner failed to seek immediate dental care for a child placed in her home. The dental problem was made known to the Department when the child was caught shoplifting Oragel, an over-the-counter product used to relieve toothache. Petitioner also did not compel a child to attend counseling sessions with a licensed therapist. Petitioner was responsible for assuring that the child be given transportation to and from such sessions. Although limited to two children by license restriction, Petitioner typically had more than two children placed in her home. Given the shortage for foster care homes, the Department routinely waived the limit and placed additional children with Petitioner even though she was ill-equipped to deal with the extra children. The Petitioner's son, who is now deceased, did not reside with Petitioner during the final licensure period. Although he resided in the community near her home, there is no evidence to support a finding that he was dealing drugs from the licensed premises.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department enter a Final Order denying Petitioner's request for license renewal as a foster care home. DONE AND ENTERED this 13th day of March, 1998, in Tallahassee, Leon County, Florida. J. D. Parrish Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 13th day of March, 1998. COPIES FURNISHED: Gregory D. Venz, Agency Clerk Department of Children and Family Services Building 2, Room 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Richard A. Doran, General Counsel Department of Children and Family Services Building 2, Room 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Colleen Farmsworth Assistant District Legal Counsel Department of Children and Family Services 111 South Sapodilla Avenue Suite 201 West Palm Beach, Florida 33401 Betty Stewart, pro se 812 Foresteria Drive Lake Park, Florida 33403
The Issue The issue in the case is whether Michael and Pamela Gary's licensure to provide foster care should be revoked.
Findings Of Fact At all times relevant to this case, the Petitioners operated a foster home in Dade City, Florida. On or about June 17, 2002, an abuse report was received that led to an investigation of the Petitioners' foster home. An allegation that the children were left unattended in a van was not supported by any evidence. During the investigation, the investigator heard of an incident during which one of the foster children housed in the Petitioners' home "pulled a knife" on one of the Petitioners' biological daughters. The evidence establishes that one of the foster children in the house was standing outside and was throwing rocks at a glass window. One of the Petitioners' biological daughters told the foster child to stop throwing the rocks. From within his clothing, the foster child pulled out a dirty knife he had apparently taken from the kitchen. Pamela Gary was present at the house but was outside at the time of the incident and apparently responded to the commotion. The child was told to drop the knife and he complied. Ms. Gary called law enforcement officers who responded to the scene. The foster child was removed from the home and committed for observation under the Baker Act. After the brief commitment, during which time the child's behavior became controlled by medication, he returned to the Petitioners' home where his behavior has improved. There is no evidence that anyone was injured during the "knife incident." During the investigation, the investigator was told that at some point, one child fell while jumping on the bed and fractured an arm. The evidence establishes that a child jumping on a toddler bed approximately 18 inches high fell from the bed and broke an arm. Neither of the Petitioners was present at the time of the accident. A caretaker who allegedly does not speak English was watching the children. The broken arm that resulted from the fall was clearly an accident. The evidence fails to establish that the child's injury was related to any abuse or neglect on the part of the Petitioners or any appropriate caretaker acting on their behalf. According to Ms. Gary, the caretaker (who allegedly speaks Spanish) communicated with children who were unable to speak English. The evidence fails to establish how the Petitioners communicate with the caretaker if, as the Respondent suggests, the caretaker speaks only Spanish and the Petitioners speak only English. There is no evidence that the Petitioners are unable to communicate with the caretaker. The Respondent asserts that the number of children housed in the Petitioners' foster home (13) exceeds the number permitted under their license. The evidence fails to support the assertion. The abuse report lists 18 children as being present in the home during the investigation. Pamela Gary testified that five of the children identified as being residents of the home were visiting on a particular day to swim in the Gary pool when the investigator came to the house. The five visiting children were not residents of the home. Ms. Gary's testimony was not contradicted and is accepted as credible. Of the remaining 13 children, six were the biological or adopted children of the Petitioners, leaving seven foster children. The number of children in a foster home can exceed the permitted number through a system of waivers from licensed capacity that considers familial relationships between children and previous foster care placements. Neither of the Respondent's witnesses credibly testified that the number of actual residents in the Petitioners' foster home exceeded their licensed capacity including waiver placements. The investigator cited the upstairs portion of the Petitioners' home as being unclean and with the odor of urine. Pamela Gary testified that the only part of the house located on the second floor were bedrooms occupied by two teenaged girls and that the girls may not have picked up their clothing. Ms. Gary testified that the odor of urine was likely related to a cat litter box that had not been cleaned that morning. Ms. Gary's testimony was not contradicted and is accepted as credible. The investigator cited the Petitioners' pool as unclean. Pamela Gary testified that the pool liner was black, and that the pool was not unclean. Ms. Gary's testimony was not contradicted and is accepted as credible.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent enter a Final Order dismissing the proposed revocation of the Petitioners' licensure to provide foster care. DONE AND ENTERED this 13th day of May, 2003, in Tallahassee, Leon County, Florida. WILLIAM F. QUATTLEBAUM 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 13th day of May, 2003. COPIES FURNISHED: Michael Gary Pamela Gary 33025 Ranch Road Dade City, Florida 33523 Frank H. Nagatani, Esquire Department of Children and Family Services 11351 Ulmerton Road, Suite 314 Largo, Florida 33778-1630 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 or not Petitioner's application for certification as an Independent Waiver Support Coordinator should be approved.
Findings Of Fact Respondent is the state agency that implements programs and services for persons who are developmentally disabled. In this capacity, Respondent certifies and enrolls qualified individuals, private businesses, not-for-profit organizations, and units of local government to provide services to developmentally disabled persons under the Developmental Disabilities Program Developmental Services Home and Community- based Services waiver program. In so doing, Respondent must ensure that all federal requirements are met and that the health and welfare of developmentally disabled persons are protected. Respondent has established reasonable academic, training and experience criteria for individuals seeking to be enrolled and certified as Independent Waiver Support Coordinators as a part of the Developmental Disabilities Program Developmental Services Home and Community-based Services waiver program. For example, these minimum qualifications include a bachelor's degree and three years of professional experience in developmental disabilities, special education, or related fields. In addition to the academic, training and experience criteria, Respondent conducts background screening in an attempt to assess the suitability of individuals seeking to be enrolled and certified as Independent Waiver Support Coordinators. Part of the background screening involves a review of the work product, performance appraisals, and achieved outcomes of any applicant who has rendered services to individuals receiving developmental disabilities services. Respondent may deny certification to an applicant if it receives evidence of an adverse history with Respondent or the Agency for Health Care Administration as a result of background screening. Prior to Petitioner's application to be certified as an Independent Waiver Support Coordinator, she was employed by an institutional services provider which provided services to individuals with developmental disabilities; her job with the institutional services provider had essentially the same responsibilities as she would have if she became an Independent Waiver Support Coordinator. Respondent solicited and received an evaluation of Petitioner's work performance with the independent services provider. Petitioner's supervisor indicated that Petitioner's work was not satisfactory and that she would not rehire her. Respondent determined this negative evaluation as evidence of an adverse history sufficient to disqualify Petitioner and deny her certification.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent enter a final order denying Petitioner's application for certification as an Independent Waiver Support Coordinator. DONE AND ENTERED this 12th day of September, 2002, in Tallahassee, Leon County, Florida. 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 September, 2002. COPIES FURNISHED: Joseph K. Birch 34 East Pine Street Orlando, Florida 32802 Chelsea Predue-Washington Post Office Box 1117 Clarcona, Florida 32710-1117 Beryl Thompson-McClary, Esquire Department of Children and Family Services 400 West Robinson Street, Suite S-1106 Orlando, Florida 32801 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
Findings Of Fact Petitioner is the governmental agency responsible for issuing licenses to operate foster homes for dependent children. Petitioner is also responsible for prosecuting license discipline proceedings. In 1994, Respondents applied for their initial license to operate a foster home. The license was granted on June 22, 1994. On November 26, 1994, Ms. Robin Barwick left Jordan, her three year old daughter, in the care of Respondents. Jordan is not a foster care child. Respondents baby-sit children such as Jordan in addition to operating a foster home. Respondents left Jordan in the care of Shanda Toney, Respondents' teenage daughter. Shanda was approximately 19 years old at that time and is now 21 years old. Ms. Barwick knew that Respondents would be away from the home and that Shanda would be the primary care giver that day. Respondents did not return home until after 3:00 p.m. on November 26, 1994. Shanda cared for Jordan and several other children until Respondents returned. Jordan is legally blind and has multiple disabilities. Jordan has braces on her feet and can not walk. When Ms. Barwick delivered Jordan to Respondents at 5:00 a.m. on November 26, 1994, Jordan had no bruises or other marks on her except two "shot marks." The "shot marks" were minor. When Ms. Barwick picked up Jordan at 3:00 p.m. on November 26, 1994, Jordan had multiple injuries. The injuries included an abrasion to her chin, a severe bruise around her left eye, a red abrasion to her left cheek, a bloody nostril, scratch marks on her right eye, bruises on both legs, and bruises to her back and arm. Ms. Barwick called for an ambulance. The ambulance took Jordan to Holmes Regional Medical Center. Jordan was admitted on November 26, 1994, and discharged on November 29, 1994. Shanda was arrested and charged with the crime of aggravated child abuse. In March, 1996, the state prosecutor nol prossed and dismissed all criminal charges against Shanda. Shanda claimed that Jordan sustained her injuries when Jordan fell from the sofa. There is a coffee table and several other hard objects near the sofa. The floor under the sofa is concrete. Respondents removed Shanda from their home on November 26, 1994. The state instituted a dependency proceeding. Shanda did not return to Respondents' home until sometime in April, 1995, after the dependency proceeding was concluded. An agent for Petitioner advised Respondents after the dependency proceeding that it would be okay for Shanda to return home. Respondents allowed Shanda to return home only upon the approval of Petitioner's agent. Respondents never intended to permit Shanda to return home without Petitioner's approval. Sometime after November 26, 1994, Ms. Juanita Warren, a foster care representative for Petitioner, learned of Jordan's injuries. Through Ms. Warren, Petitioner requested that Respondents voluntarily surrender their license. Respondents refused. Respondents' license automatically expired, and Respondents applied for a renewal license. The renewal license was granted in accordance with applicable law because Petitioner did not grant or deny the application within 90 days of the date Petitioner received the application. On September 28, 1995, Petitioner advised Respondents that their license to provide foster home care for dependent children was being revoked. In relevant part, the letter stated: This is based on the fact that your daughter, Shanda Toney, who resides in your home, has been arrested and charged with aggravated child abuse. The injuries to the child involves (sic) a possible skull fracture, a black eye, numerous bruises and bite marks. This incident occurred while foster children resided in your home. Your decision to allow your daughter to care for children and to continue to reside in your home, as a per- manent member of the household, after the incident indicates a failure to effectively supervise and safeguard the home for children. At the formal hearing, Petitioner deleted the underlined portion of the quoted letter as a basis for the proposed revocation. The only basis for the alleged failure to effectively supervise and safeguard the home for children is the allegation that Respondents decided to allow their daughter to continue to reside in their home as a permanent resident. Respondents did not decide to allow their daughter to continue to reside in their home. They removed their daughter from their home on November 26, 1994. Respondents allowed Shanda to return in April, 1995, only because Petitioner's agent advised them it would be okay to do so. Respondents never intended to allow Shanda to reside in their home as a permanent resident after the incident on November 26, 1994. Respondents are willing to remove Shanda from their home to maintain their license to operate a foster care home for dependent children. Shanda is 21 years old and has other places to live. Leaving the home would impose no hardship on Shanda. Respondents have cared for other dependent children without incident. They have adopted one dependent child with multiple disabilities and cared for the child without incident.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a Final Order finding Respondents not guilty of failure to effectively supervise and safeguard their foster home for children and continuing Respondents' license to operate a foster care home for dependent children. It is further recommended that the Final Order shall require Respondents' to remove their daughter from their home as a condition of licensure, and shall impose such other conditions as may be reasonably required to assure that Respondents are complying with the condition of licensure. RECOMMENDED this 25th day of June, 1996, in Tallahassee, Florida. DANIEL S. MANRY, 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 25th day of June, 1996.
The Issue Whether Respondent properly denied Petitioner a standard developmental disability group home license because her facility is a "mobile home" as defined in Section 320.01(2), Florida Statutes.
Findings Of Fact Petitioner decided that she wanted to operate a group home for developmentally disabled clients. She wanted to locate the home on property that she owns at 630 South East 10th Street, Williston, Florida. Petitioner conferred with Respondent's staff before deciding whether to construct a site-built home or an off-site built home on the property. Respondent's licensing specialist referred Petitioner to Respondent's fire inspector. Respondent's fire inspector recommended that Petitioner consider using a Palm Harbor Home with certain improvements to the windows, floors, and roof. Specifically, the improvement included special strengthened roofing, special strengthened flooring, wallboard rather than plastic walls, fire alarms and detectors in every room, as well as wider windows. Petitioner decided to buy a four-bedroom/two-bath unit with over 2,000 square feet from Palm Harbor Homes. The home was manufactured by Palm Harbor Homes at its Plant City, Florida, factory in 2001. Each section of the home had a seal certifying that it was built in compliance with the Federated Manufactured Home Construction and Safety Standard Act. With the upgrades that Petitioner requested, the home cost Petitioner approximately $80,000. The home complies with or exceeds the United States Department of Housing and Urban Development standards. Petitioner took the house plans and pictures of the home to Respondent's licensing specialist who approved the home. The supervisor of the licensing specialist concurred because he was under the impression that the home was a "Jim Walter-type" modular home that met the criteria for group homes. Petitioner's fire inspector also approved the home. The fire inspector concluded that the home meets the high standards of the 2001 Fire Protection Code. In the meantime, Petitioner followed through with completing the paperwork for her application. Petitioner, with the help of Respondent's staff, proceeded to develop the required budget and paperwork for a Medicaid waiver. Petitioner's licensing specialist and fire inspector approved Petitioner's home, finding that it was suitable as a group home. Respondent granted Petitioner a conditional license on June 1, 2001. This license allowed Petitioner to operate for six months. In July 2001, Petitioner's first client moved in the home. Petitioner received several more client referrals. In September 2001, a second licensing specialist inspected Petitioner's group home. The second licensing specialist, who was not involved in issuing Petitioner's conditional license, conducted the routine inspection in anticipation of Petitioner receiving a standard developmentally disabled group home license. The licensing specialist concluded that the home was in fact a "mobile home," which cannot qualify as an approved structure for a group home. The licensing specialist took pictures of the home and of the State of Florida Installation Certification Label attached to the home. This label certifies as follows: [T]hat the installation of this mobile home to be in accordance with Florida Statutes 320.8249, 320.8325 and Rules of Highway Safety and Motor Vehicles, Bureau of Mobile Home and Recreational Vehicle Construction. Respondent's staff sought clarification from Respondent's headquarters regarding the status of Petitioner's home. By letter dated September 18, 2001, Respondent advised Petitioner that "mobile homes" as defined by Section 320.01(2), Florida Statutes, shall not be used for group home facilities. Respondent did not issue a standard license to the Petitioner. Petitioner's home, although a very high quality "manufactured home," still is a type of mobile home under Section 320.01(2), Florida Statutes. Petitioner's home meets all other licensing standards for developmental disability group homes except for the standard at issue in this case. On or about December 20, 2001, Respondent's district office staff requested a one-year waiver for Petitioner's group home. The written request indicates that Respondent's staff intended to seek a waiver for this home annually until a proposed rule allowing licensing of manufactured homes was promulgated. Respondent granted Petitioner the waiver on or about January 8, 2001. The waiver is valid through the 2002 licensure period. However, there is no guarantee that the Department headquarters will always grant the waiver.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That Respondent enter a final order denying Petitioner a standard developmental disability group home license. DONE AND ENTERED this 12th day of February, 2002, in Tallahassee, Leon County, Florida. SUZANNE F. HOOD 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 February, 2002. COPIES FURNISHED: Samuel Mutch, Esquire Mutch & Brigham, P.A. 2114 Northwest 40th Terrace Gainesville, Florida 32605 Lucy Goddard, Esquire Department of Children and Family Services Post Office Box 390, Mail Stop 3 Gainesville, Florida 32602 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 Petitioner is eligible to enroll in the Developmental Disabilities Program administered by the Respondent.
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 is the state agency charged with administering and determining eligibility for services to developmentally disabled individuals pursuant to Florida's Developmental Disabilities Prevention and Community Services Act, Chapter 393, Florida Statutes. Section 393.065, Florida Statutes (2001). The program developed by the Department is known as the Developmental Disabilities Program. Mr. Fernandez is 31 years of age and a resident of Miami, Florida. Mr. Fernandez submitted an application to the Department requesting that it enroll him in its Developmental Disabilities Program and provide him services as a developmentally disabled individual under the categories of retardation and autism. The Department evaluated Mr. Fernandez's application and determined that he was not eligible to receive services through the Developmental Disabilities Program under either category. In making this determination, the Department considered a Psychological Evaluation Report dated June 26, 2001, that was prepared by Hilda M. Lopez, Ph.D., a licensed clinical psychologist to whom Mr. Fernandez was referred by the Department.2 To assess Mr. Fernandez's intellectual functioning and cognitive abilities, Dr. Lopez administered the Wechsler Adult Intelligence Scale-Third Edition ("WAIS"). According to her report, Mr. Fernandez attained a Verbal I.Q. score of 80 points, a Performance I.Q. score of 80 points, and a Full Scale I.Q. score of 78 points. These scores place Mr. Fernandez in the Borderline range of intellectual functioning. The Department considers persons who score 70 points or less on the WAIS to be mentally retarded. The mean score on the WAIS is 100 points, and the standard deviation is 15 points. To assess Mr. Fernandez's adaptive behavior, Dr. Lopez administered the Vineland Adaptive Behavior Scales ("Vineland"). Mr. Fernandez attained an Adaptive Behavior Composite score of 66, which indicates that his adaptive behavior is in the low range. His scores reveal deficits in the domains of Living Skills, Communication, and Socialization. Dr. Lopez also tested Mr. Fernandez for autism using the Childhood Autism Rating Scale. In the report, Dr. Lopez noted that Mr. Fernandez was rated by his father and by Dr. Lopez after observing, interacting, and interviewing Mr. Fernandez. Dr. Lopez reported that Mr. Fernandez's score was 26.5 points, which places him within the non-autistic range. Dr. Lopez observed in the report, however, that Mr. Fernandez "showed the following behavior problems: inappropriate emotional reactions, mildly abnormal fear and nervousness, resistance with [sic] changes in routine, mildly abnormal adaptation to change, and restlessness." A score of 30 points or more on the Childhood Autism Rating Scale is indicative of autism disorder. When Mr. Fernandez was a child of four or five years old, he was apparently diagnosed with autism, and he and his family took part in a behavior modification program in Boston, Massachusetts. As a result of the work done by Mr. Fernandez and his parents in this program, Mr. Fernandez learned to talk, although long after his peers, and improved his social skills. Based on her psychological evaluation of Mr. Fernandez, Dr. Lopez recommended the following: Mr. Fernandez will greatly benefit from a program geared at providing him with help to enhance his functional skills. Facilitation of social services to provide needed support and monitoring. Stimulation program oriented to develop his cognitive skills, to improve attention, memory, verbal communication and problem solving in order to achieve optimal capability. He will benefit from supported employment and referral to Vocational Rehabilitation Services for proper counseling and training. Mr. Fernandez was unable to produce any documents relating to his early diagnoses and treatment or his special education placements because these documents were destroyed in a fire that destroyed the Fernandez home. According to his father, Mr. Fernandez makes friends easily and communicates verbally very effectively. He worked for a while in a family business where his limitations were tolerated, and he flourished in this job. On the other hand, Mr. Fernandez is easily frustrated and confused, and he has difficulty following directions in simple matters. His father is seeking services on Mr. Fernandez's behalf that will teach him to live on his own and to become a productive citizen. The uncontroverted evidence presented by Mr. Fernandez establishes that he is in need of several of the services available through the Department's Developmental Disabilities Program. The evidence presented by Mr. Fernandez is not, however, sufficient to establish that he is eligible to participate in the Developmental Disabilities Program under the eligibility criteria established by the legislature for developmental disabilities.
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 the application of Mikael Fernandez for enrollment in the Developmental Disabilities Program. DONE AND ENTERED this 28th day of June, 2002, 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 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 28th day of June, 2002.
