The Issue The issue is whether Petitioner may revoke Respondent's foster home license for her use of corporal punishment in violation of Rule 65C-13.010(1)(b)5.f, Florida Administrative Code.
Findings Of Fact Respondent has been a mother for 45 years. Five years ago, she became a foster parent because her children were grown and other children needed homes. As a foster parent, Respondent has cared for more than a dozen foster children. Due to an unrelated incident in the summer of 2001, Petitioner's representative counseled Respondent about the prohibition against the use of corporal punishment against foster children. At that time, Respondent signed a Therapeutic Foster Care Agreement, statement of Discipline Policy, and Agreement to Provide Substitute Care for Dependent Children. Each of these documents restates the prohibition against the use of corporal punishment. In March 2002, Respondent took her 10-year-old foster child in her care to a McDonalds restaurant to meet his mother, who had been forced to place him in foster care due to his aggressive behavior. The mother and her three daughters were at a table with Respondent, the foster child, and another child. The foster child began to misbehave and Respondent warned him that she was the law and, if he failed to behave, she would drop him off at the detention center. Respondent is a uniformed crossing guard and is employed by the St. Lucie County Sheriff's Office. In response to Respondent's warning to behave, the child replied, "You're not the law. You're just a crossing guard." Respondent slapped the foster child in the mouth. The force of the slap to the mouth did not cause the child to cry, but did leave a red mark. The mother reported the incident to Petitioner. In dealing with cases of corporal punishment administered to foster children, Petitioner does not invariably revoke the foster parent's license. Instead, Petitioner attempts first to determine the likelihood that the foster parent can be rehabilitated so as not to use corporal punishment. Among the factors justifying revocation are that Petitioner had recently reinforced the corporal punishment prohibition with Respondent, Respondent displayed a blatant disregard or ignorance of the policy by striking the child in front of his mother, and Respondent falsely denied the incident during the course of the investigation and at the hearing. In some respects, the last factor is the most serious because Respondent's lack of candor and remorse for the incident undermine the trust that Petitioner necessarily places in foster parents whom it licenses.
Recommendation It is RECOMMENDED that the Department of Children and Family Services enter a final order revoking Respondent's foster home license. DONE AND ENTERED this 12th day of December, 2002, in Tallahassee, Leon County, Florida. ROBERT E. MEALE 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 December, 2002. COPIES FURNISHED: Paul 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 204B Tallahassee, Florida 32399-0700 Laurel Hopper District 15 Legal Counsel Department of Children and Family Services 337 North 4th Street Fort Pierce, Florida 34950 Lyn Carswell, Qualified Representative 2101 Avenue P Fort Pierce, Florida 34950
The Issue The issue in this case is whether the Respondent, the Department of Health and Rehabilitative Services (HRS), should grant the application of the Petitioners, Charles Wenz and Janet Gallagher, for a family foster home license. 1/
Findings Of Fact Through series of circumstances, the Petitioners in this case--Charles Wenz and Janet Gallagher, husband and wife--came to know the children of a woman named N. M. 4/ Their priest told them about Nancy and her predicament. A serious drug and alcohol addict, and already the single mother of two boys (J. D., born December 30, 1977, and B. F., born January 7, 1983), each of whom had a different biological father, she was about to have another child by yet another man. The Petitioners were asked to help the family, and they agreed. Shortly after the third child--a girl, N. F., born November 4, 1988-- was released from the hospital, the mother asked the Petitioners to let the family live with them temporarily. Not long afterward, the mother slipped back to her way of abusing drugs and alcohol and left, leaving the children with the Petitioners. For some time, the Petitioners cared for the children without being licensed as a family foster home and without any financial assistance from HRS. Later, in approximately March, 1991, they became licensed as a family foster home for the specific and limited purpose of caring for the children of M. 5/ When it came to the children in their care, the Petitioners generally were very attentive to their needs for food, clothing, shelter and medical care, and they provided very well for the children, following up on all doctor appointments and the like. They were very conscientious in this regard. Generally, they got along well with the children, and the children tended to view them as if they were their real parents. As a result of their involvement with the family, the Petitioners came to know the children's maternal grandparents. While initially the Petitioners got along fairly well with the maternal grandparents, they had the opportunity to form opinions of them based on personal experience and stories related by the children and, later, by the fathers of the two boys. Essentially, the Petitioners thought the maternal grandparents were good grandparents, and they encouraged and cooperated in the maintenance of a relationship between the children and the maternal grandparents. At the same time, they did not perceive the maternal grandparents as a good option for permanent placement of the children. Besides the maternal grandparents' age and limited physical and emotional capabilities, and their lack of interest in being permanently responsible for the children on a full-time basis, the Petitioners also had a concern about what they understood to be the maternal grandfather's drinking habits. Instead, since reunification with the mother did not seem feasible to either the Petitioners or to HRS, the Petitioners felt the best option, at least for the boys, would be to investigate their reunification with their fathers. Along with HRS, the Petitioners were instrumental in locating the fathers of the boys and reestablishing contacts between them and their sons. Along with HRS, they actively encouraged and fostered the strengthening of the relationship between the boys and their fathers and worked with HRS to bring the men into a position to begin to care for their sons permanently on a full-time basis. When the Petitioners became licensed as a child-specific family foster home in approximately March, 1991, they agreed to work within the policies and procedures established by the Department and to accept supervision by a foster care counselor. There was no evidence that they were not supportive of the efforts outlined in the foster care agreement or plan. 6/ But problems between the Petitioners and the maternal grandparents developed between the time of the Petitioners' licensure and September, 1991. The problems got so bad that the HRS counselor assigned to the case had to conduct visitation in his office to ascertain who was causing the problems and how to best resolve them. The problems culminated in the maternal grandparents' ultimatum that they no longer could work with the Petitioners as foster parents and that they wanted the children placed with them, the grandparents. The problems worsened as HRS began to investigate the possibility of placing the children with the grandparents. 7/ The Petitioners were against this and attempted to use their positions as foster parents to thwart HRS efforts in that direction. A senior HRS counselor replaced the initial counselor in an effort to shepherd the grandparent placement, with its attendant visitations. But, although regular visitations by the grandparents was prearranged during the fall of 1991, 8/ the Petitioners consistently raised various obstacles to the grandparent visitations, requiring multiple interventions by the HRS senior counselor and others at HRS. Three times, despite HRS interventions, visitation had to be cancelled. The Petitioners' case was taking such an inordinate amount of time that the HRS senior counselor went to his supervisor for relief. The grandparents felt the need to go to court to have the court establish visitation over the Christmas holidays. A hearing had to be held on or about December 10, 1991, and the court granted the grandparents overnight visitation from December 25 through 30, 1991. On inquiring of the children on their return, the Petitioners believed the grandparents did not properly administer prescribed medications for two of the children and accused the grandparents of child abuse. HRS investigated and found that the grandparents had been in direct telephone communication with two of the children's doctors to resolve a discrepancy between two of their medication prescriptions and had followed the telephone instructions of the doctor in charge of the prescription. In connection with the problems with the grandparents, the Petitioners exhibited a clear tendency to try to manipulate the foster care system to their advantage, even unintentionally to the detriment of the interests of the children, and sometimes, out of overzealousness, through use of untruths and half truths. On one occasion, in an attempt to persuade the first HRS counselor not to pursue placement of the children with the grandparents, they told the counselor that an HRS protective services worker had told them that the maternal grandfather had a drinking problem. In fact, it was the Petitioners who had alleged to the protective services worker that the maternal grandfather had a drinking problem. On another occasion, to avoid allowing the grandparents to pick up the children for visitation, the Petitioners cited a supposed statute or rule making it illegal for the grandparents to provide transportation for the children. 9/ Once the boy, B. F., lost a hospital pass for use to visit his grandparents because of problems raised by the Petitioners concerning the legality of the grandparents providing transportation for him. In addition to the problems with the maternal grandparents, the Petitioners exhibited a certain tendency to take things into their own hands when closer contact and consultation with HRS would have been advisable. Once they made arrangements for one of the boys to be admitted to a psychiatric hospital without consulting with HRS and did not advise the counselor until shortly before admission. To attempt to justify their actions to the HRS counselor, the Petitioner told the counselor that the boy's family therapist strongly favored hospitalization for psychiatric treatment. In fact, the counselor later found that the family therapist only had said that it might become necessary at some point to hospitalize the boy. Once the Petitioner, Charles Wenz, used corporal punishment on one of the boys although he knew it was against HRS policy for operators of a family foster home to use corporal punishment. He explained that, due to the history of the Petitioners' relationship with these children, the Petitioners felt more like parents than foster parents and that he did not think it was appropriate in their case for the usual prohibition against corporal punishment to apply to them. Later, Mr. Wenz had another occasion to use a form of corporal punishment on the other boy. 10/ In January, 1992, the Petitioners applied to renew their "child- specific" license as a family foster home. On or about February 1, 1992, the court placed the children with the maternal grandparents, and the Petitioners converted their application to one for general licensure as a family foster home.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Petitioner, the Department of Health and Rehabilitative Services (HRS), enter a final order granting the application of Charles Wenz and Janet Gallagher for general licensure as a family foster home. RECOMMENDED this 13th day of July, 1992, in Tallahassee, Florida. J. LAWRENCE JOHNSTON Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 13th day of July, 1992.
The Issue Whether 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 is whether Respondent properly denied Petitioner's request for exemption from disqualification from employment as a family foster home parent.
Findings Of Fact In 1989, Petitioner intervened in a fight that was taking place on the premises of an condominium complex managed by Petitioner and his wife. In order to stop the fight, Petitioner picked up a broom handle and hit one of the participants. Several months later, Petitioner was charged with aggravated assault. In August of 1990, Petitioner pled nolo contendere to the offense of aggravated assault, a third degree felony. The circuit judge accepted Petitioner's plea, withheld adjudication of guilt and imposition of sentence, and placed Petitioner on probation for four years. In October of 1990, the circuit judge entered an order reducing Petitioner's probation from four years to two years. The circuit judge modified Petitioner's probation to delete the requirement that Petitioner make restitution in July of 1992. At the conclusion of the two year period, Petitioner successfully completed his probation. In February of 1995, Petitioner's daughter was injured in a domestic dispute in her home. When Petitioner arrived at his daughter's residence, the police directed him to wait outside. When Petitioner refused to cooperate, the police arrested him. The greater weight of the evidence indicates that Petitioner did not assault the police officers. The state attorney filed an information in April of 1995 charging that Petitioner resisted arrest without violence. In the mean time, Petitioner and his wife filed an application to become foster parents. Respondent's review of the application revealed that Petitioner previously served two years probation for aggravated assault. Respondent also became aware of Petitioner's pending charge for resisting arrest without violence. On or about July 12, 1995, Respondent notified Petitioner that he was disqualified from being licensed as a family foster home parent because of the 1989 felony offense for aggravated assault. Petitioner requested exemption from disqualification. On or about September 8, 1995, Respondent conducted an exemption hearing to consider Petitioner's request for exemption from disqualification. The exemption review committee was particularly concerned about Petitioner's pending case. By letter dated September 18, 1995, Respondent denied Petitioner's request for exemption. Petitioner requested a formal hearing by letter dated September 27, 1995. In October of 1995, Petitioner signed a deferred prosecution agreement in which he admitted that the facts alleged in the information charging resisting officer without violence to his person were true and correct. The state attorney dismissed the 1995 case charging that Petitioner resisted arrest without violence on January 30, 1996. On or about February 19, 1996, Respondent conducted a second hearing to consider Petitioner's request for exemption from disqualification. The exemption review committee confirmed their original decision to deny Petitioner an exemption. Petitioner is the parent of two living adult children and one deceased adult child. He has been interested in helping young people all of his adult life. Over the years, Petitioner has been a positive role model for the youth in his community as well as his own children. Petitioner and his wife have always provided a stable family environment for their family with an emphasis on the development of a strong work ethic. Together they valiantly faced the challenge of coping with a severely disabled child until his death. Both of them are committed to giving of themselves and sharing their home with children in need. Petitioner seeks to become a family foster home parent for children with special needs. Specifically, the children have a DSM-III diagnosis for a mental health disorder and been identified as presenting exceptionally challenging behaviors. Working with emotionally handicapped children requires a particularly high degree of patience. Children with behavior problems create confrontational situations; therefore, the foster parent of such children must maintain a calm demeanor regardless of the circumstances. Petitioner's reputation as a man of integrity and a productive member of society is commendable. However, his responses to two emotional situations in 1989 and 1995 create a question whether he would always react appropriately to the "acting out" behavior of children. Petitioner has not provided clear and convincing evidence that he is entitled to an exemption from disqualification from employment as a family foster home parent.
Recommendation Based upon the findings of fact and the conclusions of law, it is recommended that Respondent enter a Final Order denying Petitioner's request for exemption from disqualification from employment as a family foster home parent. DONE and ENTERED this 1st day of May, 1996, in Tallahassee, Leon County, Florida. SUZANNE F. HOOD, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 1st day of May, 1996. APPENDIX CASE NO.95-5618 The following are the Hearing Officer's specific rulings on the findings of facts proposed by Respondent in its proposed findings of fact. Petitioner's Proposed Findings of Fact Petitioner did not file Proposed Findings of Fact. Respondent's Proposed Findings of Fact 1. Accepted in Findings of Fact 5 of this Recommended Order. 2-3. Accepted in Findings of Fact 6 of this Recommended Order. 4-5. Accepted in Findings of Fact 7 of this Recommended Order. 6. Accepted in Findings of Fact 8 of this Recommended Order. 7. Accepted in Findings of Fact 9 of this Recommended Order. First sentence accepted as restated in the preliminary statement of this Recommended Order. 8A, 8B, and 8C accepted as restated in Findings of Fact 2, 4 and 8 respectively. 8D--accept that C.L. disputes his guilt; greater weight of evidence shows C.L. pled nolo contendere to aggravated assault and served term of probation; greater weight of evidence shows C.L. signed a deferred prosecution agreement admitting the facts involving the charge of resisting arrest without violence. 8E accepted in Findings of Fact 10 and 11 of this Recommended Order. 8F accepted in Findings of Fact 12 of this Recommended Order. Accepted in Findings of Fact 13 of this Recommended Order. COPIES FURNISHED: C. L. (Address of Record) Ellen D. Phillips, Esquire Department of Health and Rehabilitative Services 210 North Palmetto Avenue Suite 412 Daytona Beach, Florida 32114 Gregory D. Venz, Agency Clerk Department of Health and Rehabilitative Services Building 7, Suite 728 1323 Winewood Boulevard Tallahassee, Florida 32399-0700 Richard Doran, General Counsel Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700
The Issue The issue to be resolved in this proceeding concerns whether the Petitioners' foster home license should be denied on the basis that the abuse registry examined during the re-licensure process disclosed a verified finding of abandonment of a child, recorded against the Petitioners as perpetrators, under authority of Section 409.175(8), Florida Statutes.
Findings Of Fact Petitioners were licensed as a foster home and sometime in the latter part of 1999, their licensure came due for renewal. They were advised by a denial letter dated October 8, 1999, from the Department of Children and Family Services (Department), that their home would not be re-licensed as a foster home. The initial agency decision to this effect was because the Petitioners, or at least Mr. Barnes, had an entry on the Department's abuse registry indicating a verified finding of abandonment against the Petitioners. The finding of abandonment involved the Petitioners' adopted son, D.B., being left at the office of the Department's foster care staff. Apparently the Barnes had had a great deal of trouble with D.B.'s behavior and had been unable to constructively discipline him and improve his behavior. This apparently made them very frustrated such that on March 26, 1999, Mr. Barnes called the Department regarding D.B., to inform the Department that they were simply unable to handle the child. Mr. Barnes talked to James Grant, supervisor of the foster care unit in the Department's Ocala office, and a witness for the Department in this case. Mr. Grant offered to provide assistance to the family to help resolve the issues between the Petitioners and their child. That offer of assistance was refused, however. Later that day, Mr. Barnes took D.B. to the Ocala offices of the Department's foster care unit and apparently left him sitting in the lobby of the building which houses the foster care staff. Mr. Barnes did not speak to Mr. Grant or anyone else in a responsible position before leaving the building and permanently abandoning the child. He only informed the receptionist that he was leaving the child. Because of the Petitioners' actions in leaving the child sitting in the lobby, a call was placed to the abuse hotline that same day. Joanne Hunter was assigned as the investigator of the abuse report. According to the final report of the investigation that was admitted into evidence, the case was closed with a verified indication of abandonment and neglect, the result of D.B. being abandoned in the Department's lobby. On March 27, 1999, a shelter hearing was held before a circuit judge and D.B. was placed in the custody of the Department due to the Petitioner's act of abandonment at the Department's office. Subsequently, the child was adjudicated dependent and placed in a long-term foster care placement. The child remained in that foster care placement at the time of the instant hearing. Certified copies of the judge's shelter order and the order of adjudication and disposition have been entered into evidence in this case. Prior to their adoption by the Petitioners, D.B. and his two siblings had been abused and neglected by their natural parents. They had, therefore, been placed in foster care by the Department. D.B.'s natural parents' parental rights had been terminated because of the uncorrected and continuing abuse and neglect of D.B. and his two siblings. The Petitioners had adopted D.B. and his two siblings. Children who have been abused and neglected or abandoned by their parents are especially vulnerable and require the greatest degree of stability in their home life that is possible.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law set forth herein, it is RECOMMENDED that a final order be entered by the Department of Children and Family Services denying the re-licensure of the Petitioners as a licensed family foster home. DONE AND ENTERED this 6th day of December, 2000, in Tallahassee, Leon County, Florida. P. MICHAEL RUFF Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 6th day of December, 2000. COPIES FURNISHED: Billie and Willie Mae Barnes 15606 Southwest 27th Avenue Road Ocala, Florida 34473 Ralph J. McMurphy, Esquire Department of Children and Family Services 1601 West Gulf Atlantic Highway Wildwood, Florida 43785 Virginia A. Daire, 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 presented is whether the Respondent committed the offenses set forth in the Administrative Complaint filed in this case and, if so, what disciplinary action should be taken.
Findings Of Fact At all times material hereto, Respondent, Kathy Bergerson, held a family foster home license for her residence issued by the Children, Youth and Family Program Office of Petitioner, Department of Health and Rehabilitative Services. As it relates to the license at issue, Respondent was first licensed by Petitioner in April 1987. In her home, Respondent was responsible for several developmentally disabled children and a developmentally disabled adult. Respondent's mother lives in an apartment adjoining the home and has access to the residence. Respondent's mother is a registered nurse. During the period since the licensure, the several incidents described in the following paragraphs occurred. Because the incidents involved Respondent or her home and the incidents were unexplained, Petitioner became concerned for the safety of the children in Respondent's care. The incidents at issue are as follows: Sometime during 1987 while one of the children was hospitalized, the child was discovered in what appeared to be a drug-induced sleep during a visit by Respondent. No harm to the child was demonstrated from the incident, and Respondent relayed the incident to Petitioner during her relicensure interview in 1988. Also, sometime in 1987, a housekeeper, provided by Metro-Dade County, allegedly assaulted Respondent's mother while attempting to steal toys and bed sheets from the home. No harm to the children was shown from the incident, and Respondent reported the incident to Petitioner during her relicensure interview in 1988. Then, early in 1988, Respondent received a delivery of medication which did not contain full amounts of the prescribed contents. The medication was delivered by a representative sent by Petitioner. No harm to the children was proven from the incident, and Respondent reported the incident to Petitioner. In July 1988, a report of the sexual abuse of the developmentally disabled adult living with Respondent was filed with Petitioner. The final disposition of the incident was not shown; however, neither Respondent nor Respondent's mother were classified as perpetrators of the alleged abuse. In September 1988, a child under Respondent's care, and custody was hospitalized after she became, untypically, lethargic and unresponsive when Respondent gave the child a dose of Panadol for her fever. Fearing that the child was allergic to the medicine, Respondent brought the bottle from which she had administered the medicine with them to the hospital, and reported her fear to the medical personnel at the hospital and to Petitioner. Although Petitioner asserted that the bottle of medicine was tested for its contents, the proof failed to demonstrate that a test was performed or the results of any such test. Respondent kept the medication for the children in a locked cabinet in her kitchen. Included in the drugs in the cabinet were Panadol, Valium and Benedryl. In addition to Respondent, Respondent's mother and nurses provided by Petitioner, on occasion, had access to the cabinet. While Petitioner contended that the Panadol given to the child was adulterated with Valium and Benedryl, the proof failed to indicate that the Panadol was altered, or that the child suffered from the ingestion of the medication. Petitioner asserted that it was unusual for a foster parent, such as Respondent, to have as many unexplained events reported within an almost two- year period. Therefore, based on the above incidents and what Petitioner perceived to be a pattern of unexplained incidents involving Respondent and her home, and after ordering a psychological evaluation of Respondent and her mother, Petitioner issued its notice of intent to revoke Respondent's family foster home license on February 14, 1989. Petitioner alleged that Respondent was not capable of handling the stresses associated with maintaining a family foster home. At the hearing Respondent demonstrated a tendency to become overly excited; however, the proof failed to demonstrate that she is unable to handle the stresses of her life. Respondent is a caring person who has an obvious interest and concern for the children in her charge. She expressed deep concern over each of the incidents recited above and, in fact, reported the majority of the incidents to Petitioner. Although the incidents described above generate concern, was not shown that the safety of the clients was endangered by the incidents.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is: Recommended that the Department of Health and Rehabilitative Services issue a Final Order withdrawing its intent to revoke Respondent's family foster home license. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 15th day of December 1989. JANE C. HAYMAN Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Park way Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 15th day of December 1989.
The Issue Whether level 2 screening pursuant to Section 435.07, Florida Statutes (2003), mandates denial of an application of a potential foster parent who has a prior DUI-manslaughter conviction.
Findings Of Fact Based upon observation of the witness and his demeanor while testifying in person and the documentary materials received in evidence, official recognition granted, evidentiary rulings during the final hearing, and the entire record complied herein, the following relevant and material facts are found: Petitioner, D.S., applied to become licensed as a foster parent with the Department on July 11, 2003. However, Petitioner is not seeking nor requesting that the Department assign foster children to his home, should his application be granted. Petitioner is seeking to become the foster parent of his nephew, C.N.L., a 16-year-old male. After the death of his mother, more than five years ago, C.N.L. was moved in with Petitioner who has continuously provided shelter, supervision, care, and support for his nephew. Petitioner is now seeking to become the foster parent of his nephew because C.N.L. is the age (16) where "authority of a parent or guardian" will be necessarily required in his future. Other than Petitioner, C.N.L. has no other known relatives and has not been adjudicated or declared a dependent child pursuant to Section 39.507, Florida Statutes (2003). There is no other pending action by the Department regarding this minor child except the issue under consideration in this cause. The Family Profile form submitted by Petitioner detailed his current family information. Therein, Petitioner listed himself, white male, divorced, as prospective parent 1, and Daniel Walrad, white male, single, as prospective parent 2. Petitioner included therein, and acknowledged at the hearing, that as the result of one automobile accident that occurred on December 17, 1989, of which Petitioner was the driver, the passenger in the vehicle died. As a result, Petitioner was found guilty and convicted of a felony. Law enforcement did not arrest Petitioner at the time of this accident but charged Petitioner with felony DUI-manslaughter. With private counsel, Petitioner entered a nolo contendere plea to the charge of "homicide"-negligent vehicle manslaughter, Section 316.193, Florida Statutes (1989). The Circuit Court, Ninth Judicial Circuit, Orange County, Florida, accepted the plea of Petitioner, entered an adjudication of guilt, and convicted Petitioner on the charge. The Court sentenced Petitioner to and he successfully completed five years of probation and two years of community control. Petitioner, as a demonstration of his remorse and rehabilitation, has not drunk alcohol since the accident 13 years ago. As evidence of his commitment to caring for his nephew, Petitioner is currently attending Model Approach to Partnership in Parenting (MAPP) classes that are required for potential foster parents. Petitioner, with the understanding that C.N.L. has not been declared a "depending child" and is, therefore, not registered in the Department's system as a dependent child, concluded that he is free to and would, should the Department deny his foster parent application, move his current family, including C.N.L., to the State of New Hampshire. The above Findings of Fact are undisputed by either party to this proceeding.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Children and Family Services issue a final order denying the application of Petitioner, D.S., to be licensed as a foster parent. DONE AND ENTERED this 17th day of December, 2003, in Tallahassee, Leon County, Florida. S FRED L. BUCKINE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 17th day of December, 2003.
The Issue The issue is whether Ennis and Sharon Clements (Respondents) committed the violations set forth in correspondence of the Department of Children and Family Services (Petitioner); and, if so what penalty should be imposed with regard to Respondents' Foster Care License?
Findings Of Fact Respondents are licensed by Petitioner as foster parents on an annual basis. They were last licensed by Petitioner on August 18, 1999. On or about December 23, 1999, Petitioner's representatives received a telephone call with regard to a minor child in Respondents' custody named D.H. Allegations were made that D.H. had been discovered to have bruises on both arms, his back and legs in the course of a visit to the family visitation center. The family visitation center is a facility operated by Petitioner where foster children are brought for visitation with their real parents. A family services counselor in Petitioner's employ investigated the matter and observed the bruises and stripes on D.H.'s body on December 23, 1999, and made an immediate referral of the matter to Petitioner's child protection team. Bruce McIntosh, M.D., is a member of the team. He examined D.H. and determined that the injuries to the child were consistent with being struck many times with a belt and constituted, in his expert opinion, child abuse. Photographs presented at the final hearing and taken in proximity to the examination corroborate Dr. McIntosh's findings. The testimony of the minor child, D.H., at the final hearing establishes that he had been struck several times by Respondent Ennis Clements and Shannon, the teenage son of Respondents, prior to D.H.'s travel to the family visitation center. Prior to licensure, Respondents were told that corporal punishment was not to be used with regard to foster children placed with them by Petitioner. Both Respondents signed forms at the time of their licensure as foster parents, indicating their understanding of this directive from Petitioner.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that a final order be entered by Petitioner confirming the revocation of Respondents' licensure. DONE AND ENTERED this 13th day of November, 2000, in Tallahassee, Leon County, Florida. DON W. DAVIS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 13th day of November, 2000. COPIES FURNISHED: Roger L. D. Williams, Esquire Department of Children and Family Services Post Office Box 2417 Jacksonville, Florida 32231-0083 Ennis Clements Sharon Clements 1173 Lake Forest Boulevard Jacksonville, Florida 32208 Virginia A. Daire, Agency Clerk Department of Children and Family Services Building 2, Room 204B 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Josie Tomayo, General Counsel Department of Children and Family Services Building 2, Room 204B 1317 Winewood Boulevard Tallahassee, Florida 32399-0700
The Issue The issue for determination is whether Petitioner's foster home license should be renewed.
Findings Of Fact Petitioner has a foster home license issued by Respondent. Petitioner was recruited to be a foster parent by Florida Baptist Children's Home (FBCH). FBCH is a recruiter of foster parents for Respondent and holds a contract with Respondent to that effect. FBCH performs extensive background checks on and interviews persons who have been identified as potential foster parents. Subsequently, all paperwork on homes recommended by FBCH for licensure as foster homes is submitted to Respondent. Respondent makes the determination as to whether to issue a license. Respondent has licensed all foster homes recommended by FBCH. FBCH recommended to Respondent that Petitioner be licensed. Respondent and FBCH have an agreement, referred to as a placement performance agreement, regarding the foster parents who have been recruited by FBCH and licensed by Respondent. The agreement requires, among other things, the presence of FBCH at any time Respondent wishes to do anything in connection with the home of a foster parent recommended by FBCH. One of the requirements of a foster parent is to receive 30 hours of training on, among other things, how to be a foster parent, how to take care of foster children, and the duties and responsibilities of a foster parent. As part of the training, discussions on the abuse of foster care children and the sexual problems of foster care children are held. Petitioner received and successfully completed this training. Additionally, prior to the training, foster parents attend orientation during which the sexual abuse of foster care children is also discussed. On March 26, 2001, Respondent placed C.Q., a foster child, in Petitioner's home. Prior to C.Q.'s placement in Petitioner's home, Respondent had placed six foster care children in her home since Petitioner's licensure. Prior to C.Q.'s placement, Respondent's social worker, who was C.Q.'s counselor, visited Petitioner's home. At the time, Petitioner was being visited by her minor granddaughter (two years of age) for several days, and Petitioner made Respondent aware of such visitation. Respondent's social worker examined the sleeping arrangements in Petitioner's home. Petitioner had a bedroom for herself, in which she and her granddaughter slept, and a separate bedroom with two beds. C.Q. would be sleeping in the separate bedroom. The separate bedroom was close to and visible from the living room. At the time of C.Q.'s placement, neither Petitioner nor FBCH had received C.Q.'s "green book." A green book contains a foster child's background and would reveal a foster child's history regarding sexual abuse.1 Consequently, C.Q.'s green book would reveal whether she was abused and whether she was an abuser.2 Whether a foster child was sexually abused may not be known by Respondent at the time of placement with a foster parent. At the time of placement, Respondent was not aware that C.Q. was a sexual abuse victim and a sexual abuser. If Respondent discovers that a foster child has been sexually abused, it requires the foster parent to sign a Family Safety Contract. The main purpose of a Family Safety Contract is to make sure that foster parents ensure the well-being of children in their home and to remind foster parents of the condition of sexually abused children. The Family Safety Contract contains, among other things, three sections: "Prevention Rules," "Intervention Strategies," and "Signatures." The Prevention Rules section contains 16 paragraphs, which have standard language, and three of the paragraphs have blank lines for information to be filled-in by Respondent's social worker. The three paragraphs state the following: The following people are approved to supervise contact between the children: must have his/her own room. may never be placed in a bedroom with a younger child. The Intervention Strategies section states in pertinent part the following: 1. In the event that prevention measures break down and child-on-child sexual abuse occurs or appears to be imminent, caretaker will immediately. Separate the children. Report the incident to the child(ren)'s caseworker(s) and to the Abuse Hotline. Cooperate with authorities conducting an investigation. The Signatures section contains spaces for, among other things, the signatures of the caregiver, family service counselor, and family service counselor supervisor, together with a space next to each signature for the date each signed. On April 11, 2001, Respondent's social worker reviewed a Family Safety Contract, regarding C.Q., with Petitioner. Petitioner signed the Family Safety Contract the same day. FBCH was not present during the review of the Family Safety Contract with Petitioner, which was contrary to the agreement that FBCH had with Respondent. FBCH was not notified by Respondent of the review of the Family Safety Contract with Petitioner. The agreement between Respondent and FBCH requires, among other things, the presence of FBCH whenever Respondent reviews a Family Safety Contract with one of FBCH's foster parents. Before a Family Safety Contract is presented to a foster parent, paragraphs 3, 4, and 5 of the Prevention Rules should be completed by Respondent. Petitioner contends that paragraphs 4 and 5 of the Prevention Rules were not completed at the time the Family Safety Contract was reviewed with her. Petitioner testified that she would not have permitted the placement of a child, who had been sexually abused, with her and that the social worker/counselor for C.Q. stated to her (Petitioner) that all foster parents signed the Family Safety Contract. Petitioner briefly reviewed the Family Safety Contract and signed it. Respondent contends that the said paragraphs were completed. The social worker/counselor for C.Q. who reviewed the Family Safety Contract with Petitioner did not testify at hearing nor was her testimony preserved by deposition. The social worker/counselor for C.Q. was out of the country on leave and her leave was approved in February 2002. However, the supervisor of the social worker/counselor for C.Q. testified that the social worker/counselor executed an affidavit and testified as to what the affidavit stated regarding the completion of paragraphs 4 and 5. The affidavit was not offered or entered into evidence. Further, the supervisor testified that she, as a supervisor, would not have signed the Family Safety Contract with blank paragraphs. An executed Family Safety Contract was entered into evidence. Paragraphs 3, 4, and 5 of the Prevention Rules state as follows: The following people are approved to supervise contact between the children: Carmen Infante Rep. of Dept. of Children and Families Rep. of Florida Baptist C should must have his/her own room. C may never be placed in a bedroom with a younger child. (C.Q.'s name was blackened out on the copy entered into evidence, leaving only an initial, in order to comply with the requirement that confidentiality be maintained.) Paragraph 4 was modified by Respondent striking the word "must" and inserting "should" which indicated that it was not mandatory that C.Q. have her own room. The change made in paragraph 4 reflected Petitioner's bedroom arrangements for foster children. The signature lines contained the signatures of Petitioner, the social worker/counselor for C.Q., and the supervisor of the social worker/counselor for C.Q. The date that each person signed the Family Safety Contract was April 11, 2001. Considering the testimony, evidence and proof required, the contention of Petitioner is found to be more credible and a finding of fact is made that paragraphs 4 and 5 of the Family Safety Contract were not completed at the time that the Family Safety Contract was reviewed with Petitioner. Subsequent to the placement of C.Q. with Petitioner on March 26, 2001, and to the signing of the Family Safety Contract on April 11, 2001, but prior to on or about May 28, 2001, Respondent placed another foster child, J.F., with Petitioner. The record fails to indicate the date on which J.F. was placed with Petitioner. J.F. was younger than C.Q. J.F. was sexually abused. Respondent did not inform Petitioner that J.F. was sexually abused. Before placing J.F. with Petitioner, Respondent was aware of the number and location of Petitioner's bedrooms and the sleeping arrangements Petitioner had for foster children. Consequently, Respondent was aware or should have been aware that C.Q. and J.F. would be sharing the same bedroom, but not the same bed. In spite of this awareness by Respondent, it placed J.F. with Petitioner. Petitioner placed C.Q. and J.F. together in the separate bedroom. Each child had their own bed in the separate bedroom. Respondent, in paragraph 4 of the Family Safety Contract, indicated that C.Q. "should" have her own room. Petitioner's bedroom arrangements would not accommodate separate bedrooms for the foster children, and Respondent was aware of such arrangements. Petitioner complied with the Family Safety Contract. Petitioner was able to view the bedroom, where the foster children were located, from the living room. The door to the bedroom was not closed. On or about May 28, 2001, Petitioner went to the foster children's bedroom to check on them. Upon entering the bedroom, she discovered the children engaging in inappropriate sexual behavior. Petitioner immediately stopped the inappropriate behavior. Petitioner notified both FBCH and Respondent of what she had observed. The foster children were removed from Petitioner's home. Respondent has not placed any more foster children with Petitioner since the incident.
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 renewing the foster home license of Carmen Infante. DONE AND ENTERED this 25th day of July, 2002, in Tallahassee, Leon County, Florida. ERROL H. POWELL 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 July, 2002.
The Issue Should Petitioner revoke the foster home license held by Respondent for the alleged use of excessive corporal punishment against a foster child cared for in Respondent's home?
Findings Of Fact In accordance with Section 409.175, Florida Statutes, Petitioner licenses family foster homes. At times relevant to the inquiry Respondent has held a family foster home license issued by Petitioner. As a condition of her licensure as a foster parent, Respondent received training in Model Approach to Partnerships and Parenting (MAPP). The MAPP training addressed the imposition of discipline directed to foster children in Respondent's care. The disciplinary policy included a prohibition against disciplinary practices involving corporal punishment. In particular the disciplinary policy prohibited slapping or spanking a child. (DCF Exhibit No. 9) By signing a copy of that disciplinary policy Respondent acknowledged her understanding and agreement to abide by those terms on May 28, 1999. Generally, by stipulation between counsel, Respondent concedes the existence of the policy prohibiting slapping or spanking a child in her care. Ms. Stacey Cleveland has responsibility in Petitioner's District 3 related to foster home licensing. Ms. Cleveland provided MAPP training to Respondent, including training on discipline and the prohibition against the use of corporal punishment. In 1997, Ms. Cleveland had a specific discussion with Respondent concerning the prohibition against the use of corporal punishment in caring for foster children. At that time Respondent stated her agreement with the prohibition against the use of corporal punishment directed to foster children. From April 23, 1999, through December 30, 1999, A.H. and B.H. lived in Respondent's home as foster children. On December 30, 1999, A.H. was three years old and B.H. was five years old. On December 30, 1999, A.H. and B.H. were involved in a supervised visit with their natural mother at the Petitioner's Live Oak, Florida office. During the visit the natural mother took A.H. to the bathroom and discovered bruises on his buttocks. The natural mother immediately reported the discovery to Petitioner's personnel. Julia Johnson and Steven Lampros, Petitioner's employees, both observed the bruises on A.H.'s buttocks. Mr. Lampros took photographs of the bruises. (DCF Exhibits Nos. 4 through 6) Respondent caused the bruising to A.H.'s buttocks by imposing corporal punishment on A.H. at a time prior to December 30, 1999. This act was contrary to the prohibition against the use of corporal punishment by spanking. Respondent knowingly violated those terms. Respondent's testimony that A.H. may have received the bruises by jumping off the sofa and falling on the wooden arm of that furniture; jumping off the sofa landing on his buttocks on the floor; being pushed by another foster child from a toy jeep or being pushed against the bathroom door by B.H., his brother, is not persuasive. The finding that A.H. was bruised on his buttocks when Respondent spanked him is corroborated by the deposition testimony of Dr. Howard Rogers, a Board-Certified physician in general pediatrics. Dr. Rogers routinely examines children who are the alleged victims of abuse. Dr. Rogers examined A.H. on December 30, 1999. He recalls the examination based upon his report rendered concerning the examination and the photos made by Mr. Lampros on December 30, 1999. Dr. Rogers does not believe that the bruises on A.H.'s buttocks were accidental in nature given the intensity of the bruising and the linear shape of some of the bruises. Within a reasonable degree of medical certainty Dr. Rogers did not find the bruises to be consistent with any form of trauma other than corporal punishment. According to Dr. Rogers corporal punishment was the more likely cause of the bruising. Dr. Rogers' opinion concerning the appearance of the bruises is credited.
Recommendation Upon consideration of the facts found and the conclusions of law reached, it is RECOMMENDED: That Petitioner enter a final order revoking the family foster home license held by Respondent. DONE AND ENTERED this 9th day of November, 2000, in Tallahassee, Leon County, Florida. CHARLES C. ADAMS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 9th day of November, 2000.
