The Issue Whether Petitioner's foster care license should be revoked because she allegedly lacks the ability to provide for the psychological development of foster children as required in Section 409.175(4)(a)2, Florida Statutes and Rule 10M-6.005(3)(i), Florida Administrative Code.
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received, and the entire record compiled herein, the following relevant facts are found. Petitioner, State of Florida, Department of Health and Rehabilitative Services, is the licensing and regulatory agency in Florida for the issuance of foster home licensing. On January 16, 1991, Petitioner issued to Respondent, Pauline Cole, a provisional certificate of license for a foster home for her residence situated at 3501 River Grove Drive in Tampa, Florida indicating that she had complied with the minimum standards set by Petitioner for a foster home and approved her foster home application. By its terms, the license was effective for a period of one year from the above-referenced date unless renewed, extended, withdrawn, or revoked for cause. To demonstrate her eligibility for licensure, Respondent successfully completed several courses including "a clinical interventions for psychiatric nurses: frameworks for success" sponsored by the Florida Mental Health Institute in Tampa, Florida with six contact hours on June 15, 1990. On December 17, 1990, Respondent successfully completed 30 hours of training in "model approach to partnership and parenting (MAPP)". Additionally, Respondent took several other courses dealing with parenting and caring for foster children. On November 21, 1991, Petitioner filed an application to renew her license to provide for foster home care for dependent children. As a result of that application, Petitioner's agents visited Respondent's home to determine whether it still complied with standards set by Petitioner for licensure. During a foster parents meeting in June, 1992, Respondent inquired of one of Petitioner's agents whether or not Petitioner had a policy of surveilling foster parents by following them or otherwise monitoring their activities and particularly their vehicular travels. Petitioner's agent advised Respondent that that was not HRS's policy, i.e., to surveil foster care parents whereupon Respondent related that she felt that she had been followed by Petitioner's child protective investigators. Respondent related several steps that she undertook to determine whether or not she was in fact being followed. Specifically, Respondent would change directions or would make turns from main thoroughfares to see if the car that she considered to be following her would make a similar change in direction. Respondent did not take any evasive measures which in any manner endangered the lives of the foster children that were in her care. During the time of her foster care licensure, Respondent had two foster care children ages three and four. During the sessions wherein Respondent's application for licensure was discussed with Petitioner's agents, Respondent again expressed concern that she was being followed, however, during the last session during March 1992, Respondent advised Petitioner that while she still had her doubts that she was not being followed, she was no longer concerned that she was being followed to the point of taking evasive actions to try to verify her concerns. During the final meeting wherein Petitioner's agents inquired of Respondent if she still had the paranoid ideation that she was being followed, Respondent basically advised Petitioner's agents that "she was leaving the matter in the hands of the Lord." Petitioner's agents basically advised Respondent that if they (Petitioner's agents and Respondent) could put to rest their concern that Respondent no longer had the paranoia of being followed, Respondent could be relicensed. 1/ Respondent earned a bachelor of science degree in nursing from Tuskeege Institute in 1958. She earned a master's degree from the University of South Florida in industrial and technical education during 1979. She is certified as a registered nurse and a community education instructor. Respondent was employed as a registered nurse and nursing instructor at the Veteran's Administration (VA) Hospital in Montgomery, Alabama, Gainesville and Tampa, Florida during the years 1962 through 1980. She retired from the VA in 1980. From 1989 to the present time, Respondent has been employed as a community education instructor at Hillsborough Community College in Tampa, Florida. Respondent holds memberships in several professional and civic organizations and has been very active in community service organizations in Hillsborough County. Among the awards and honors she received was a nominee in Who's Who in American Nursing during 1993-94, a nominee for the achievement award for advocacy/public service at the Tuskeege National Alumni Association during 1992; co-founder, Minority Nurses Association of the Tampa Bay Area and an award for dedicated service, Iota Phi Lambda Sorority, Southern Region, during the years 1983-1987, among others. Respondent has been able to provide a great deal of parenting and inspiration to her two foster children during the times that she cared for them until they were separated from her by Petitioner's agents during 1992. Based on her nursing background and the amount of time that she has been able to devote to her children, she has served as a model foster parent since the time that she was issued a provisional license during 1991.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that: Petitioner enter a final order granting Respondent's application to be relicensed as a foster home provider assuming, of course, that she complies with other licensing requirements. DONE AND ENTERED this 12th day of July, 1993, in Tallahassee, Leon County, Florida. JAMES E. BRADWELL 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 12th day of July, 1993.
The Issue Whether Petitioners should be licensed as a family foster home.
Findings Of Fact The Petitioners are an Hispanic couple in their late fifties. At the time of application, B.A. (13 years old), and his sister S.A. (15 years old), lived with the Marriagas. Both were being raised by the Petitioners. At the time of hearing B.A. was living with the Petitioners. On August 25, 1999, Petitioners submitted their application/packet for licensure as a family foster home. Other than those raised at this hearing, Petitioners meet all requirements for becoming a foster home. They have completed the MAPP qualifications. They also understand and are able to handle problems peculiar to caring for foster children. They understand the obligations and responsibilities of foster parents. Indeed, Ms. Marriaga is not employed and is able to devote her time and attention to any children in her home. By statute, the Department is required to interview at least two neighbors of an applicant for foster care. In conducting the required interviews for the Marriaga application, a Department licensing counselor was informed that there were concerns among some of the neighbors interviewed about how the Marriagas cared for and/or supervised their 13-year-old grandson, B.A. Neighbors reported to Mr. Lewis that B.A. appeared at times to be unsupervised and locked out of the Marriagas' home. Neighbors also indicated that B.A. complained of being hungry. Other neighbors reported that the Marriagas were good parents and would make good foster parents. None of the neighbors testified at the hearing. No reliable evidence was submitted on the basis of these neighbors' assertions. Ms. Marriaga admitted that there were a few occasions when she would be out shopping for a short period when B.A. got home from school. These short periods were for no more than 5 or 10 minutes and were not frequent. She also stated that there was one occasion where B.A. was left unsupervised after school because Ms. Marriaga had to take her adult daughter to the hospital for emergency treatment for gangrene. She said she returned from the hospital within 30 minutes after B.A. got home. None of these absences were unreasonable, given B.A.'s age and level of responsibility. Neither incident supports a finding that the Marriagas are not qualified. B.A. did not have a key to the home to gain access on the occasions when Ms. Marriaga was not home when he got back from school. He could access the garage area and the backyard, but not the living areas of the home. The garage area was stocked with food and drinks. The fact B.A. does not have a key is not an unusual or unreasonable child-rearing practice. The lack of key does not support a finding that the Marriagas are not qualified especially since the Marriagas understand that foster child access requirements of the Department. Because of the concerns raised by the neighbors' reports, Mr. Lewis interviewed B.A. and his sister, re-contacted the neighbors to whom he had talked previously and interviewed two more neighbors in late October 1999. Some neighbors still had concerns about B.A.'s supervision, others did not. None of the neighbors testified at the hearing nor were sufficient facts introduced to conclude that these neighbors had any substantive basis for their opinion. The Licensing Evaluation submitted by John Lewis to the Family Services Counselor Supervisor recommended that the Marriaga's home be licensed for two children: Male or female, infant zero through eight years. This recommendation was submitted after Mr. Lewis went to the Petitioners' home to finalize the family profile report. At that time, Mr. Lewis the advised Petitioners that two of the four neighbors interviewed expressed reservations about the level of supervision a foster child would receive in their home. The Petitioners assured Mr. Lewis that their grandson B.A. is strictly supervised and well cared for. At hearing, B.A. concurred with his grandparents. Mr. Lewis did not ask the Petitioners for the name of an emergency back-up person or to provide him with an emergency care plan. The Petitioners have a strong family support group. At the hearing Ms. Marriaga stated that her plan was to either be present or a relative would provide the needed back-up supervision. The Marriagas believed handling such a scenario would not be difficult because Ms. Marriaga was always available to be home. They stated at the hearing that in the event of an emergency the great-grandfather would care for B.A. or the foster children. The Petitioners do have an adequate emergency care plan for their grandson and the foster children. Mr. Lewis informed Mr. Marriage by telephone in early December 1999, that their home would not be licensed. However, on March 15, 2000, Petitioner wrote a letter to the Department requesting action on their application. Formal, written notification of denial was provided on March 29, 2000.
Recommendation Based upon the findings of fact and conclusions of law, it is RECOMMENDED: That the Petitioners' application be granted. DONE AND ENTERED this 12th day of December, 2000, in Tallahassee, Leon County, Florida. DIANE CLEAVINGER 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, 2000. COPIES FURNISHED: Carlos A. Marriaga Evangelista Marriaga 4514 Southeast 10th Place Ocala, Florida 34471 Ralph J. McMurphy, Esquire Department of Children and Family Services 1601 West Gulf Atlantic Highway Wildwood, Florida 34785 Josie Tomayo, General Counsel Department of Children and Family Services 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Virginia A. Daire, Agency Clerk Department of Children and Family Services Building 2, Room 204B 1317 Winewood Boulevard Tallahassee, Florida 32399-0700
The Issue Whether Amanda’s Childcare and Preschool is subject to a civil penalty and licensure action for failing to comply with staff-to-student ratios and for having tools on the daycare playground, in violation of Florida Administrative Code Rules 65C-22.001(4) and 65C-22.002(1)(a), and chapter 402, Florida Statutes.
Findings Of Fact Respondent is licensed by the Department to operate a facility known as Amanda’s Childcare & Preschool located at 123 West Rhode Island Avenue, Orange City, Florida 32763. Respondent is owned by Joseph Corneck. During the morning of January 28, 2013, Mr. Corneck was working on the construction of a climbing apparatus in a playground at Respondent’s daycare facility. There were no children playing on the playground at the time of Mr. Corneck’s construction activities. Rather, there were 20 kindergarten-aged children inside an adjacent classroom while Mr. Corneck was outside working. Near lunchtime, Ms. Carolyn, a staff member who was supervising the classroom, lined the children up so that they could use the two available bathrooms and wash up for lunch. Because of crowding by the number of children lining up for only two bathrooms, Ms. Carolyn asked seven boys in the group to line up outside the classroom along the exterior wall near the door adjacent to the playground. Ms. Carolyn asked Mr. Corneck to assist in watching the boys while they were in line. Mr. Corneck left the apparatus that he was working on, which was approximately 30 feet away, and came over to the boys to watch over them while they were in the line. Mr. Corneck left the tools that he was working with, consisting of a hammer and a cordless drill gun, back on a platform of the apparatus. The platform where he left the tools was approximately four to six feet high. He also left the materials he was working with and a ladder near the apparatus. While Mr. Corneck was watching the boys, Department family services counselor Kalyn Yeager stopped by for a routine inspection. She noticed the boys outside the classroom and apparently concluded that they had access to the tools and materials. Mr. Corneck, however, did not allow the boys to play on the playground that day. There is no evidence that the children were allowed access to the tools or playground apparatus, and there is insufficient evidence to suggest that the children otherwise had access to those tools or materials, or that they were ever in danger or potential danger because of his construction activities. After the inspection, Ms. Yeager had a conversation with Mr. Corneck in which he advised that he had shown some of the day care students how to use tools. Mr. Corneck, however, never told Ms. Yeager that he had given a demonstration to the kindergarten-aged children who were present on the day of the inspection. Rather, his reference to a tool demonstration was about another occasion or occasions when he had demonstrated the use of tools to some of the older boys in Respondent’s after- school care. At the final hearing, Ms. Yeager could not recall the number of children who were there the day of her inspection. The evidence is otherwise inadequate to show that Respondent violated any applicable staff-to-child ratio standards. In sum, the Department failed to prove the alleged violations set forth in the Administrative Complaint.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Children and Families enter a Final Order dismissing the Administrative Complaint. DONE AND ENTERED 15th day of October, 2013, in Tallahassee, Leon County, Florida. S JAMES H. PETERSON, III 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 15th day of October, 2013.
The Issue The issue to be resolved in this proceeding concerns whether the Respondents should suffer revocation of a Foster Care License for the reasons stated in the Administrative Complaint, involving alleged use of corporal punishment to discipline two children placed in their care.
Findings Of Fact The Petitioner is an agency of the State of Florida charged in pertinent part with regulating the licensure and child care standards of foster care providers. The Respondents are licensed foster care providers, licensed by the Petitioner Department. Billie Harbison is the foster care supervisor with the Department engaged in training and licensure of foster care families. She is familiar with the Respondents as foster care providers, having been involved in their licensure in 1995. In the course of her involvement with the Respondents as foster care parents, she instructed them as to the discipline policy and training provided to them as foster parents. Sometime in late 1996 she became aware of the abuse report of September 1996 concerning Joseph I. and Jerome I., which is Petitioner's Exhibit That report indicated the foster parents, the Respondents, were alleged to have struck the two boys with a belt (extent of injuries, if any, unknown) and that one of the boys indicated that his foster mother taped his mouth shut when he talked too much. Because she felt that the report showed abuse, Ms. Harbison recommended revocation of the Respondents' license. Licensed therapists were working with the children during times pertinent hereto, including the time when the abuse report was rendered because the children are "ADHD" (Attention Deficit Hyperactive Disorder). Ms. Harbison never saw nor interviewed the two children nor had any professional become aware of or recorded indications of abuse. No therapist working with the children ever reported any indicia of abuse nor were they ever interviewed. Jim Hutchison, a therapist with the Children's Home Society, testified for the Department. He diagnosed both children as ADHD and Joseph to be "oppositionally defiant." He described both children as difficult to converse with and that Jerome was evasive about what happened in his relationship with his natural mother and that Joseph could not be relied upon to testify accurately and honestly. Rachel Sweat is a kindergarten teacher with the Baker County School Board. She only had contact with the children for four to five days. She recounted a hearsay statement, which was admitted into evidence as a "spontaneous utterance," from one of the children concerning "Momma" taping their mouths. This statement, coupled with other testimony reveals that the child was referring to his natural mother and not to his foster mother, Ms. Farmer. Brenda Van Landingham was a shelter parent for the children for two months. In testifying for the Respondents she described the children as very aggressive, fighting constantly with other children. They always sought to place the blame for any altercation on other children and showed a propensity to lie. She noted that they referred to their natural mother as "Trish" or "Momma" or "Momma Trish." Both children showed a propensity to become very angry when their natural mother failed to arrive for visitation. She also noted in her testimony that in conversations with Mrs. Farmer, Mrs. Farmer told her that her discipline method with the children was to use "time out" and not to use corporal punishment. She found that worked better for her. Fay Wood testified for the Respondents. She holds Bachelor of Science and Master of Science degrees in psychology. She is currently working on attainment of a Ph.D. with the Fielding Institute and practices as a children's psychological therapist with the North Florida Mental Health Center. She has seen both children on a weekly basis and the evidence shows that she saw them for at least twenty weekly visits. She noted that she had to counsel the children individually because when they were together in the same room they became very aggressive with each other. Although she saw the children every week, she obtained no reports or indications from either of them that they were being corporally punished or that their mouths had been taped. She saw no indications that the children had been abused by the Respondents. Although she questioned the children about how they were disciplined at home and got an answer to the effect that they were spanked or had "time out," the only reference to spanking indicated that a person called by the child or children "Daddy Willis" had ever spanked them. It may be deduced from the other record evidence that that person is someone involved with the household of the children's natural mother. In any event, however, there is no evidence that either of the Respondents had spanked the children as foster parents. Ms. Wood saw evidence of good results from the Farmer's care of the children. She also observed evidence in the children of a propensity to lie. Natalie Wilson is director of the "Love Center" a day care facility. She has cared for both children. She never heard of or saw any indications of any inappropriate conduct by the Respondents involving corporal punishment or abuse of the children. The children never described any spanking, slapping or other corporal punishment incidents to her. They never described any incidents involving taping of their mouths for excessive talking, et cetera. Cynthia Stewart is a licensed foster parent and has had contact with the Farmers. She knows the Farmers to have used "time out" as a disciplinary measure and they had advised her to do so in her practice as a foster parent, because such disciplinary measures had worked well for them. Likewise she never saw any signs in these children of spanking or corporal punishment by the Respondents. Tracey Forest is a counseling professional employed with the Meridian Behavioral Health Center in MacClenny. Without objection she described receipt of a letter from a therapist or counselor regarding the Respondents' good parenting practices. She herself neither observed nor found any record of abuse by the Farmers of the children. In fact Joseph I.'s medical record indicated that although his natural mother "Momma Trish" struck him, that his foster parents did not hit him. She is aware of no indication or record that the Farmers had struck the children. Lisalotte Farmer, a Respondent, testified on her own behalf and that of her husband, Cleveland Farmer. She described her love for children and the subject children and the fact that she and her husband wish to continue to be foster parents. They do not use corporal punishment and found that it is not necessary. Their disciplinary measures involve use of "time out" when discipline needs to be imposed and buying the children small gifts as rewards for good behavior. She also recounted that the children often showed a propensity to lie. In summary, the preponderant credible evidence has not established that the acts of abuse and corporal punishment occurred nor that the Respondents perpetrated such. The abuse reports in evidence as "corroborative hearsay" are not probative of any material facts in issue. The reports themselves are hearsay and the witnesses testifying for the Petitioner agency had no independent knowledge of facts tending to show that child abuse or corporal punishment had occurred nor any independent, competent knowledge as to the identify of the perpetrators, if such had occurred. Thus there is no competent, non-hearsay testimony or evidence supportive of the operative facts charged against the Respondents which the abuse reports could corroborate. Consequently they are not of material, evidential value. The instances of corporal punishment or child abuse have not been proven to have occurred. The Respondents did not perpetrate such.
Recommendation Accordingly, having considered the foregoing findings of fact and conclusions of law, the evidence of record and the candor and demeanor of the witnesses, it is RECOMMENDED that a Final Order be entered by the Department of Children and Family Services dismissing the Administrative Complaint in its entirety and restoring the Respondents' foster care licensure status to good standing. DONE AND ENTERED this 4th day of February 1998, 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 (805) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 4th day of February, 1998. COPIES FURNISHED: Terence M. Brown, Esquire Brown and Christopher 486 North Temple Avenue Starke, Florida 32091 Roger L. D. Williams, Esquire Department of Children and Family Services Post Office Box 2417 Jacksonville, Florida 32231-0083 Gregory D. Venz, Agency Clerk Building 2, Room 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Richard A. Doran, Esquire Building 2, Room 204 1317 Winewood Boulevard Tallahassee, Florida 32399 0700
The Issue Whether Respondent violated sections 1012.795(1)(c), (g) and (j), Florida Statutes (2010),1/ and Florida Administrative Code Rule 6B-1.006(3)(a), as alleged in the Administrative Complaint, and, if so, what discipline should be imposed.
Findings Of Fact Mr. Ferrier holds Florida Educator’s Certificate 864022, covering the areas of educational leadership, elementary education, and middle grades integrated curriculum, which is valid through June 30, 2012. At all times pertinent to this case, Mr. Ferrier was employed as a teacher at either Pinellas Park Middle School (Pinellas Park) or Seminole Middle School (Seminole) in the Pinellas County School District (School District). Petitioner, Dr. Eric Smith, at all times pertinent to this case, is acting as the Florida Commissioner of Education, pursuant to his authority in section 1012.796(6). Mr. Ferrier began teaching at Pinellas Park in the 2006- 2007 school year. The record shows by clear and convincing evidence that Mr. Ferrier’s performance during the three school years, 2006-2007, 2007-2008, and 2008-2009, was characterized by a lack of organization, failure to effectively communicate with parents and students, failure to provide students with grades and collect school work, and discord. Ms. Gorman, an assistant principal for Pinellas Park, was Mr. Ferrier’s immediate supervisor. She evaluated Mr. Ferrier’s performance for the three years that he taught at Pinellas Park. Ms. Gorman’s first evaluation of Mr. Ferrier for the 2006-2007 school year shows that he earned a score of "1" which indicates Mr. Ferrier was satisfactory. A rating less than level "1" is deemed unsatisfactory. Further, the 2006-2007 evaluation shows that Ms. Gorman expected Mr. Ferrier to make progress in 11 out of 23 areas she assessed in the evaluation. The evaluation form contained 25 areas for assessment. Mr. Ferrier’s evaluation shows that Ms. Gorman left two assessment areas blank. For the 2007-2008 school year, Ms. Gorman rated Mr. Ferrier at a level "2" with progress expected in 10 of the 25 areas assessed. Mr. Ferrier’s 2007-2008 evaluation showed that he was satisfactory. For the 2008-2009 school year, Ms. Gorman rated Mr. Ferrier as not meeting the minimum expectations for teaching. Out of the 25 measured categories, Ms. Gorman rated Mr. Ferrier as not meeting expectation in 17 categories. Mr. Ferrier failed to meet expectations for subject knowledge; instructional method; respect for students, parents, and colleagues; engaging students; and use of technology in the classroom. Mr. Ferrier’s tenure at Pinellas Park was also characterized by repeated failures to answer calls made by parents, disorganization, poor attendance at meetings, arriving to school and classes late, and not acting as a professional in dealing with colleagues. Ms. Witcher, the Pinellas Park principal, provided credible testimony showing Mr. Ferrier’s disorganization and propensity for arriving late to school. For example, in the 2008-2009 school year, on the first day of school for returning teachers, Mr. Ferrier arrived at noon as opposed to 8:30 a.m. When asked by Ms. Witcher why he was late, Mr. Ferrier explained that he did not know that school began on that date. Mr. Ferrier’s tardiness was indicative of his behavior. Ms. Witcher clearly testified that on a "few occasions during the first and second year . . . he was so tardy, I had to go down and open the classroom door, let the kids in and wait for him." The record clearly also shows that Mr. Ferrier failed to be responsive to parent concerns about their children. Ms. Northcutt, the guidance counselor for Pinellas Park, provided credible testimony showing that Mr. Ferrier failed to return parent phone calls, failed to attend parent-teacher meetings, and, if Mr. Ferrier did attend the meeting, he was disorganized and unprepared. The frequency of parents calling Ms. Northcutt to ask Mr. Ferrier to contact them became so great that she "felt almost like a personal secretary to Mr. Ferrier," asking him to return phone calls. In addition to being unresponsive to phone calls, the record clearly shows, through Ms. Northcutt’s testimony and e-mails admitted into evidence, that Mr. Ferrier either failed to show up for parent-teacher conferences, or was late and unprepared if he did attend the conference. Parents would contact Ms. Northcutt in her capacity as the guidance counselor because the parents had concerns about Mr. Ferrier’s teaching and grading. Mr. Ferrier would routinely fail to timely enter grades of assignments into the computer system so that parents could check their child’s progress. The record clearly shows that Mr. Ferrier lacked insight into his professional shortcomings. The record clearly showed that Mr. Ferrier was offered assistance to help him become an organized and effective teacher, but failed to avail himself of the assistance. Further, Mr. Ferrier objected to Ms. Witcher’s direction that he not coach the volleyball team and concentrate on teaching. In response to this directive, Mr. Ferrier encouraged parents of the volleyball players to contact Ms. Witcher to change her decision. The record also shows that, during Mr. Ferrier’s tenure at Pinellas Park, he did not act as a professional in dealing with colleagues. This finding is based on the events concerning Mr. Ferrier’s placement on administrative leave while the School District investigated him for bullying a co-worker, and his subsequent action after returning from administrative leave. Ms. Northcutt credibly testified that, based on Mr. Ferrier’s repeated failures to either attend parent-teacher conferences or be on time for them, she began to document these actions and inform Ms. Witcher. At one parent-teacher conference, Ms. Northcutt noted that Mr. Ferrier arrived late, although the parents had not yet arrived. Mr. Ferrier told Ms. Northcutt to note that he had arrived on time, which she replied that he was still late. Two other teachers, who were to attend the conference, also arrived late. One of the teachers had permission due to a conflict, and the other teacher arrived after attending another conference. Mr. Ferrier demanded that Ms. Northcutt report the two teachers as late. Ms. Northcutt credibly testified that she felt threatened and intimidated by Mr. Ferrier’s confrontational behavior. She reported the incident to Ms. Witcher, who referred the incident to the School District, and an investigation was begun. The School District placed Mr. Ferrier on administrative leave, and Ms. Witcher informed Mr. Ferrier that he was to leave the campus quietly. As Mr. Ferrier was leaving the campus, he told everyone that he encountered that he was accused of bullying and that he would return. Ms. Witcher felt that Mr. Ferrier’s actions were divisive and sought to undermine her new administration at the school. When Mr. Ferrier returned to the school from the administrative leave, Mr. Lott, the School District’s administrator for the Office of Professional Standards, informed Mr. Ferrier to be very careful in his interactions with Ms. Northcutt. Within two days of his return, Mr. Ferrier sent all of the Pinellas Park personnel an e-mail stating that he had been wrongly accused of bullying and that he had been exonerated. Mr. Lott found this action to be inappropriate and a continuation of Mr. Ferrier’s efforts to bully Ms. Northcutt. Consequently, based on this action, Mr. Ferrier received a written reprimand and was involuntarily transferred from Pinellas Park to Seminole. The purpose of transferring Mr. Ferrier to Seminole was to provide him with a fresh start. Unfortunately, the record clearly shows that Mr. Ferrier’s short tenure at Seminole was again characterized by ineffective teaching, lack of knowledge of materials he was expected to teach, lack of communication with parents, tardiness, and failure to follow directions to become an effective teacher. Mr. Lechner, the principal at Seminole, assigned Mr. Ferrier to teach regular science classes and three advanced honor science classes. The parents at Seminole are actively involved in their children’s education. Thus, many of Mr. Ferrier’s short-comings were quickly brought to the attention of Mr. Lechner. The record shows that Mr. Lechner was pro-active in assessing Mr. Ferrier’s teaching, offering Mr. Ferrier assistance to become an effective teacher, and ultimately removing Mr. Ferrier from the classroom. The record clearly shows that Mr. Ferrier failed to carry out his duties as a teacher. Specifically, the evidence clearly showed the following instances: Mr. Ferrier was disorganized in the classroom. Mr. Ferrier’s disorganization in the classroom was apparent from the very beginning of his tenure at Seminole. During an open house for parents, Mr. Ferrier, in addressing parents of honor students, did not have a syllabus for the class, pointed out text books that he stated the class probably would not use, and discussed at length discipline issues with the parents. The record shows, however, that honor students typically did not cause discipline problems. Mr. Ferrier’s disorganization quickly led students to becoming frustrated in the classroom and parents complaining to Mr. Lechner. Further, this disorganization was reflected in Mr. Ferrier’s losing assignments, failing to properly log grades into the school computer system so that parents could access the grades, and losing test results. Mr. Ferrier’s disorganization in the classroom was further documented by Mr. Lechner, who placed Mr. Ferrier on a Professional Service Contract Probation for 90 days during the school year, beginning on September 28, 2009. Mr. Lechner conducted personal observations of Mr. Ferrier’s instruction and found it disorganized, confusing, and resulting in students becoming frustrated. Mr. Lechner gave Mr. Ferrier specific instructions on how to improve his teaching, but Mr. Ferrier failed to follow the instructions. Mr. Ferrier continued to be tardy to class and miss important faculty meetings. The record shows through Mr. Lechner’s testimony that Mr. Ferrier missed the teachers’ mandatory first professional learning community meeting. Although Mr. Lechner could not remember the reason that Mr. Ferrier gave for missing the meeting, Mr. Lechner testified that Mr. Ferrier "always had an excuse." Based on Mr. Lechner’s answer, it was clear that Mr. Ferrier made excuses for his failures, as opposed to acknowledging his mistakes. The record further showed that Mr. Ferrier’s tardiness often would extend into the day. The testimony showed that Mr. Ferrier would leave campus and return from lunch 15 minutes late, thus, delaying instruction. As a result of Mr. Ferrier’s habitual tardiness, Mr. Lechner required Mr. Ferrier to use a sign-in and sign-out log. Mr. Ferrier used ineffective instructional methods and did not have a grasp of the material that he was to teach. The parents and students, who testified, were unanimous in their consensus that Mr. Ferrier failed to teach anything. Mr. Ferrier’s failure to teach resulted in one student having to "steal" one of the text books that Mr. Ferrier was not using and teach herself physical science. Further, the testimony was clear that, after Mr. Ferrier was relieved of his teaching duties, the students had to "cram" a year’s worth of science into half a school year. In essence, Mr. Ferrier cheated the students out of an education. The conclusion that Mr. Ferrier used ineffective instructional methods and did not have a grasp of the material that he was to teach is supported by the testimony of Ms. Lamy and Mr. Lechner. The record clearly showed that Mr. Ferrier used "bell work" for a significant period of the teaching time. "Bell work" was defined as work given to students for the first few minutes of class to engage them immediately. Ms. Lamy, who was the School District’s supervisor for secondary science, conducted an in-classroom observation of Mr. Ferrier’s teaching at Seminole. Ms. Lamy noted that Mr. Ferrier used "bell work" for almost the entire class time. As a result, Mr. Ferrier did not teach. Further, Ms. Lamy observed that Mr. Ferrier did not have control of his class and did not have an adequate lesson plan. Based on her observations, Ms. Lamy made recommendations for Mr. Ferrier on handling the classroom and preparing lesson plans. Unfortunately, the record shows that Mr. Ferrier did not take full advantage of the help being offered to him. Mr. Lechner’s testimony also provided examples from classroom observations that demonstrated Mr. Ferrier’s poor instructional methods and lack of understanding of the material he was supposed to teach. For example, Mr. Lechner described a laboratory experiment conducted by Mr. Ferrier. Mr. Ferrier attempted to conduct an experiment demonstrating how an object could change physical states by melting a candy bar. During the experiment, Mr. Ferrier did not use safety gloves when attempting to melt the chocolate bar. Because the chocolate bar did not melt quickly, Mr. Ferrier left the experiment and never came back to it or the concept behind the experiment. According to Mr. Lechner, Mr. Ferrier modeled poor safety for the students by not using safety gloves and leaving the flame on the candy bar while he moved to another subject, and Mr. Ferrier did not teach the concept behind the experiment. The record showed that Mr. Ferrier would use ineffective methods to teach, such as relying on videos. In one instance, Mr. Ferrier used videos of Michael Jackson and throwing a wadded-up piece of paper in order to demonstrate motion. Finally, in December 2009, during an observation, Mr. Lechner observed Mr. Ferrier teach the students a wrong formula concerning distance over time, which was not corrected until the error was pointed out by a student. Mr. Ferrier did not manage work assignments and tests and failed to properly record grades. The record shows that students would turn in work, but the work would not be graded or posted into the school’s computer system so that parents and students could access the information. Further, parents and students complained to Mr. Lechner about erroneous grades, missing grades or assignments, or no grades for tests that had been completed, as well as grades which were either excessively high or excessively low. Mr. Ferrier failed to respond to parental inquiries and was unprepared and untimely when attending parent-teacher meetings. One parent testified about attending a parent-teacher conference, with Mr. Lechner, where Mr. Ferrier failed to show up. Mr. Ferrier’s disorganization resulted in him failing to turn students’ answer sheets for mandatory progress monitoring tests into the district office. As Ms. Lamy explained, the state required school districts to turn in students’ answer sheets from the test to the Department by December 15, 2010. When the School District started receiving feedback from the tests, Ms. Lamy learned that Mr. Ferrier had not turned in the answer sheets. Subsequently, Mr. Ferrier turned in the answer sheets on or near January 6, 2011. Based on Mr. Ferrier’s actions, the School District was not in compliance with the state-ordered mandate. On January 19, 2011, after the 90-day probation period, Mr. Lechner evaluated Mr. Ferrier as not meeting the minimum expectations for teaching. Mr. Ferrier did not meet expectations in 23 of 25 categories, including the areas of subject knowledge, instructional methods, respect for students and parents, engaging students, use of technology, classroom discipline, and organization. Further, Mr. Lechner noted, based on his observations, that Mr. Ferrier continued to be disorganized, his directions were not clear, he was causing confusion, and he was returning papers to students without feedback. The record shows that well into the 90-day probation Mr. Ferrier finally sought assistance, at the insistence of Mr. Lechner, from the Professional Development and Improvement Network to help him become a better teacher. Unfortunately, the record shows that Mr. Ferrier’s teaching ability did not improve and that he continued with many of the same problems that he had at Pinellas Park. The record shows that Mr. Ferrier has no prior disciplinary history with the Florida Education Practices Commission.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding that Mr. Ferrier violated sections 1012.795(1)(c), 1012.795(1)(g), and 1012.795(1)(j) and rules 6B-1.006(3)(a) and that Mr. Ferrier’s educator’s certificate be revoked for two years followed by a period of three years’ probation under terms and conditions deemed appropriate. DONE AND ENTERED this 9th day of March, 2012, in Tallahassee, Leon County, Florida. S THOMAS P. CRAPPS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 9th day of March, 2012.
The Issue Whether Respondent should be dismissed from her position as a Media Specialist or otherwise disciplined for alleged violation of Section 231.09, and 231.36(6), F.S., as set forth in the Petition dated June 13, 1983. This proceeding arises from a Petition filed by William T. McFatter, Superintendent of Schools for the Broward County School System, on June 13, 1983, that seeks to dismiss Respondent, Antionette Pauline, a media specialist in the public schools of Broward County, Florida. In five (5) Counts, the Petition alleges as follows: That on May 4, 1983, the Respondent grabbed Steven Richardson, a fifth grade student at Nob Hill Elementary School, by the arm and forcibly pushed said student against or into a classroom door approximately three (3) times, which action constitutes misconduct in office in accordance with applicable Florida Statutes, State Board of Education Administrative Rules, and School Board policies; That on May 4, 1983, the Respondent took Steven Richardson's media center pass and pulled on the front of teacher Verda Farrow's blouse in the presence of said student and forcibly jammed the pass down the inside front of the teacher's blouse, which action constitutes misconduct in accordance with applicable Florida Statutes, State Board of Education Administrative Rules, and School Board policies; That on February 16, 1983, the Respondent was directed to cease from verbally attacking teachers, and that she again verbally attacked Verda Farrow on May 4, 1983, which action constitutes gross insubordination and/or willful neglect of duty in accordance with applicable Florida Statutes, State Board of Education Administrative Rules, and School Board policies; That during the 1981-1982 school year, the Respondent had several other encounters with faculty and students at Sunrise Middle School and that during the school year 1982-1983, the Respondent had several encounters with the faculty at Nob Hill Elementary School, the result of which would make it difficult, if not impossible, for Respondent to recover and be an effective librarian, which actions constitute misconduct in office and/or willful neglect of duty and/or incompetency, in accordance with applicable Florida Statutes, State Board of Education Administrative Rules, and School Board policies; and That the Respondent has violated the Code of Ethics by failing to practice her teaching profession with the highest ethical standards by failing to protect the student, Steven Richardson, from unnecessary embarrassment or disparagement, by failing to protect the student from conditions harmful to learning and/or safety, and/or by making false or malicious statements about her colleagues, which actions constitute misconduct in office in accordance with applicable Florida Statutes, State Board of Education Administrative Rules and School Board policies. Respondent denied the allegations in the Petition and requested an Administrative Hearing. Thereafter, eighteen (18) witnesses were called by the Petitioner, five (5) witnesses were called by Respondent, and forty (40) exhibits were offered into evidence. The deposition testimony of Ernest M. Roberts was accepted as a late-filed exhibit. Further, ruling on the admissibility of the polygraph examination conducted upon Respondent was deferred. The testimony of the polygraph examiner, his chart, and rebuttal testimony were offered by proffer, subject to a continuing objection as to its admissibility, without stipulation, in an Administrative Hearing. Proposed Recommended Orders containing findings of fact have been submitted by the parties and considered in the preparation of this Recommended Order. When the parties' findings of fact were consistent with the weight of the credible evidence introduced at the final hearing, they were adopted and are reflected in this Recommended Order. To the extent that the findings were not consistent with the weight of the credible evidence, they have been either rejected, or when possible, modified to conform to the evidence. Additionally, proposed findings which were subordinate, cumulative, immaterial or unnecessary have not been adopted.
Findings Of Fact The Respondent, was employed by the Broward County School Board commencing with the school year 1960-61. She was originally employed as a librarian in an elementary school and, thereafter, held several positions, including Media Specialist (librarian) with the Broward County Migrant Program and the State Department of Education, Florida Migratory Section. She presently holds a Master's Degree in library science which she received in July of 1975. In 1977, the Respondent obtained a position at Dillard High School and was promoted to the position of Head Media Specialist. At the conclusion of the school year 1980-81, the Respondent was administratively transferred by the Area Superintendent to Sunrise Middle School, where she remained as a media specialist for that school year, when she was again administratively transferred by the Area Superintendent to Nob Hill Elementary School for the school year 1982-83. Following the incident which occurred on May 4, 1983, Respondent was transferred to the staff of the Director of Learning Resources of the Broward County School System for the remainder of school year 1982-83. Thereafter Respondent was suspended pending the results of this hearing. During her tenure at Dillard High School, the Respondent incurred several problems with the staff and the principal wherein complaints were received from teachers who were not utilizing the media center, and from students who felt they were being treated unfairly. The Respondent had a problem interacting and communicating with white people and as a result, became ineffective. When Amos Bonner, the principal at Dillard High School, concluded that Respondent's effectiveness had been impaired, he brought the matter to the attention of the Area Superintendent, William Dandy. Consequently, the Respondent was administratively transferred to Sunrise Middle School. During the school year 1981-82, while assigned to Sunrise Middle School, the Respondent incurred similar problems with the faculty and students at that school. Her principal, Nick Gancitano, found her to be defensive, negative, and communicated with the faculty, students and administration in a negative way. Students were not using the library, and there was a dramatic decrease in the number of books being circulated from the previous year. As the problem seemed to get progressively worse, throughout the year, her principal concluded that her overall effectiveness as a Media Specialist was impaired. Principal Gancitano, who was charged with the responsibility for evaluating the performance of the Respondent in accordance with her job description, concluded that the Respondent lacked the "ability to work with principals, teachers and other appropriate educational leaders in order to design learning experiences and to recommend educational media suited to specific instructional objectives, and to stimulate effective utilization of media" and, further, lacked the "ability to inspire and gain the respect of staff and students." Michael Galbreath and James Rupp, fellow teachers at Sunrise Middle School, related incidents where children were crying out of frustration and upset with the experiences that they encountered in the library. It reached the point that Mr. Galbreath would not take his classes to the library. Instead, he would sneak into the library or would purchase books from his own financial resources, for classroom use, so the children would not have to enter the library. Mr. Galbreath testified that the Respondent's attitude was belligerent and intimidating, and that other classroom teachers had also refused to take their children to the library. He concluded that the Respondent's effectiveness as a Media Specialist was impaired and that, as a direct result of her severe problems in dealing with people, the Respondent was incompetent. Mr. Rupp testified that the Respondent was "standoffish" and that she didn't really want to relate to everyone that was at the school. He was also aware that children were not utilizing the library facility towards the end of the year and he concluded that her effectiveness as a Media Specialist was "null and void." During the school year 1981-82, these complaints were brought to the attention of the Area Superintendent, William Dandy, who requested an investigation. He had received complaints from parents and from teachers concerning the Respondent. Because of her inability to discharge her required duties at Sunrise Middle School, at the conclusion of school year 1981-82, Respondent was again administratively transferred this time to Nob Hill Elementary School. While at Nob Hill Elementary School during school year 1982-83, Respondent again involved herself in altercations with other faculty members. Susan Reynolds, a fellow teacher at Nob Hill Elementary School, testified that Respondent threatened to "choke her" and that as a result of the comment, she was intimidated and afraid of the Respondent. She called this to the attention of Ernest Roberts, the Principal at Nob Hill. The Respondent also had a confrontation with Verda Farrow, which resulted in Mr. Roberts directing the Respondent to cease from verbally attacking and accusing teachers of "talking about you" and "spying on you." On May 4, 1983, Steven Richardson, then a fifth grade student of Verda Farrow's went to the library with a pass to check a bibliography. The Respondent was reading to a kindergarten class and for no justifiable reason she determined that Steven Richardson's attempt to gain her attention was disruptive. She took Steven Richardson to the office and discovered that Mr. Roberts was out of the building. Thereafter, she took the student to Verda Farrow's classroom to discuss the matter with her. During the conversation that ensued outside the classroom door, the Respondent grabbed Steven Richardson by the arm and attempted to push him into the door approximately three times. Respondent also grabbed Mrs. Farrow by the dress, pulled her dress loose, and stuffed the library pass down the front of Mrs. Farrow's dress. This incident was witnessed by Steven Richardson and several of the students in the classroom at the time, three of whom testified at the Hearing. Following the incident on May 4, 1983, a Police Report was filed, and school security conducted an investigation of the alleged incident. Faculty members, upon becoming aware of the incident, boycotted the library and several parents, who became aware of the incident, wrote unsolicited letters requesting that their children not be sent to the library. Arthur Rose, President of the Nob Hill Elementary School P.T.O. Advisory Committee, became aware of the situation and received phone calls at his office and his home from parents who were concerned regarding their children. Mr. Rose believes that he and the parents with whom he spoke had concluded that Respondent's effectiveness as a Media Specialist had been impaired. The parents were desirous of having the Respondent removed from the school and they feared for the safety of their children. Following the investigation by school security, the Respondent was transferred on a temporary basis to the staff of the Director of Learning Resources by Benjamin F. Stephenson, Associate Superintendent for Personnel. This was not an existing position. The Respondent denied ever touching Steven Richardson. The Respondent admits that the position of Media Specialist, or librarian, is in some respects more difficult than the position of a classroom teacher, in that a classroom teacher is only responsible for dealing or communicating with one class of students, while a Media Specialist must effectively communicate with three or four hundred children a day. The Respondent also agrees that a librarian must have good communication skills among faculty members. To corroborate the Respondent's contention that she did not grab Steven Richardson and push him into the door, the Respondent submitted to a private polygraph examination conducted by Robert Rios, who concluded that the Respondent did not attempt deception when asked whether she grabbed Steven Richardson by the arm and pushed him into the door on May 5, 1983. He concluded that the reliability of this polygraph examination should have at least equal weight to eyewitness testimony. In rebuttal to the proffered testimony of Mr. Rios, his polygraph examination chart and findings were reviewed by Carl Lloyd, investigator and polygraph examiner for the State Attorney's Office in Broward County, Florida, and the individual under whom Mr. Rios served an internship. Mr. Lord had previously supervised Mr. Rios in conducting twenty or thirty polygraph examinations, and has reviewed his charts in one hundred fifty to three hundred cases. Mr. Lord concluded, based upon the pre-test and test procedures utilized, that the validity of the test conducted upon Respondent was less than fifty (50%) percent. Mr. Lord further testified that in the State of Florida, polygraph examinations are only admissible in Court upon stipulation of both parties. The purpose of the stipulation is to ensure that the subject is testable, that there is a testable issue, and that the pre-test and test procedures utilized result in conclusive and reliable findings.
Recommendation It is recommended that the Respondent be dismissed from employment by the School Board of Broward County. DONE and ORDERED this 31st day of January, 1985 in Tallahassee, Leon County, Florida. SHARYN L. SMITH Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 FILED with the Clerk of the Division of Administrative Hearings this 31st day of January, 1985 COPIES FURNISHED: William S. Cross, Esquire 4540 North Federal Highway Fort Lauderdale, Florida 33308 Ronald W. Houchins, Esquire 3075 W. Oakland Park Boulevard Suite 103 Fort Lauderdale, Florida 33311 William T. McFatter Superintendent of Schools Broward County School System 1320 Southwest Fourth Street Fort Lauderdale, Florida 33312
The Issue May the Department of Children and Family Services revoke Petitioners' foster home license for cause?
Findings Of Fact Petitioners Ray and Gloria Hill have operated a licensed foster care home in Gadsden County, Florida, for approximately two years. Their home is licensed by DCF through Boys and Girls Town of Tallahassee, a private, not-for-profit organization which provides foster home placements for DCF. During all or part of these two years, Petitioners had two teenage girls placed in their foster care by Boys and Girls Town. These girls were J.B. (twelve years old) and A.W. (fourteen years old). Two altercations allegedly occurred between J.B. and Gloria Hill, who were the only witnesses to either event. J.B. resided with the Hills for the better part of the two years. Two days before Christmas 2000, Mrs. Hill had an argument with J.B. as a result of J.B. having opened every holiday-wrapped Christmas present under the tree. When Mrs. Hill asked her if she had done this, J.B. would not respond. There is no dispute that J.B. had Chinese food, prepared by Mrs. Hill, in her hands at that point. J.B. denied throwing the food at Mrs. Hill and asserted that Mrs. Hill slapped the food out of J.B.'s hands, and that, after several misses, Mrs. Hill slapped J.B.'s face with an open hand, at which point, J.B. began hitting Mrs. Hill. Mrs. Hill denied "initiating" the violence, but it is uncontested and both witnesses testified to hitting each other several times at that point. Mrs. Hill requested that night that J.B. immediately be removed from her care. A mark was found on J.B.'s face when she was removed from the Hills' home by authorities that night. There is no clear evidence as to what caused the mark. According to J.B.'s initial testimony at the final hearing, Gloria Hill, in a rage, pushed J.B.'s face into the dashboard airbag area of a car driven by Mrs. Hill while J.B. was riding in the front passenger seat, causing J.B.'s lip to bleed. Gloria Hill denied doing so. J.B. did not report this alleged incident to anyone for many months. She only reported it the night she was removed from the Hills' home after the Christmas 2000 incident. After J.B.'s removal from the Hills' home, and after interrogation by Boys and Girls Town social worker, Sydney Smith, J.B. recanted her accusation that Mrs. Hill had deliberately pushed her face into the dashboard airbag area of the car. At that time, J.B. stated to Mrs. Smith that Mrs. Hill had, in fact, extended her arm to keep J.B. from falling forward into the dashboard and windshield when Mrs. Hill was forced to suddenly apply the brakes to avoid a collision. Accordingly, on the basis of the prior inconsistent statement, J.B.'s testimony about the dashboard incident is not credited as a true account, and the veracity of her version of the Christmas 2000 incident is thrown into doubt. A.W. lived with Mr. and Mrs. Hill for only part of the two years that J.B. was with them. In August 2000, contrary to Mrs. Hill's prior instructions, A.W. showed J.B. an unflattering internet jailhouse photograph of J.B.'s natural mother. The printout of this photograph also revealed J.B.'s natural mother's criminal record, which J.B. did not yet know about at that time. Although A.W. testified with less clarity than might be wished, her most coherent and credible version of subsequent events is that Mrs. Hill swung at her three times with the paper computer printout and one of those swings made contact with A.W.'s face. A.W. also asserted that Mrs. Hill slapped her once in the face with her open hand before A.W. began striking and kicking Mrs. Hill. A.W. testified that she did not know if Mrs. Hill had been trying to grab her or hit her, but that Mrs. Hill's hands were "in my face." J.B. was present during this altercation, and she corroborated A.W.'s assertion that Mrs. Hill slapped A.W. before A.W. struck Mrs. Hill. Once again, Mrs. Hill denied "initiating" any violence, but she offered no other explanation of her actions, and no specific denial that she hit A.W. with the computer photograph before the general fight broke out. It is not disputed, however, that Mr. Hill, who was in another room, heard the commotion between Mrs. Hill and A.W. over the photograph, and came to Mrs. Hill's rescue by bodily removing A.W. to another area of the house. Apparently, neither A.W. nor J.B. thought Mr. Hill's actions were out of line, although he allegedly touched A.W.'s stomach when he carried her out of the room to cool-off. A.W.'s testimony that Mr. Hill hung her upside down but placed her upright on her feet without hurting her is incredible, but also immaterial, because even A.W. admits that she was out of control, that she was unharmed by Mr. Hill, and that Mr. Hill placed her upright on her feet once she was out of striking distance of Mrs. Hill. Mrs. Hill called Boys and Girls Town and demanded that A.W. be removed the night of the incident of the photograph, due to A.W.'s violent behavior. After counseling with both of them, Boys and Girls Town authorities talked Mrs. Hill into keeping A.W. until she could be placed elsewhere. A.W.'s stay with the Hills extended to two weeks, with Boys and Girls Town's approval. This indicates to the undersigned that Boys and Girls Town's social worker had no real-world concern for A.W.'s health and safety while in the Hills' care at that time. After she was removed from the Hills' foster care, A.W. wrote a letter to Mrs. Hill thanking her for her care and apologizing for hitting Mrs. Hill. At the final hearing, A.W. insisted this missive was not inconsistent with her testimony that Mrs. Hill hit her first and she merely retaliated. The removal of J.B. near Christmas 2000, resulted in either a foster care license revocation investigation or child abuse registry investigation or both types of investigation by DCF. Moreover, it appears that Boys and Girls Town mounted an investigation of its own. The outcome of any abuse investigation was not presented at the final hearing herein. However, after DCF's licensing authorities determined that Petitioner's foster care license would not be renewed, another DCF employee contacted Mrs. Smith of Boys and Girls Town, seeking to place a third child, L.T., with Petitioners. Due to her sensitivity to confidentiality issues, Mrs. Smith gave very vague information to the DCF placement employee concerning the status of one or more of the investigations against Petitioners. DCF then either directly placed L.T. with Petitioners or placed L.T. with Petitioners through Boys and Girls Town. The placement of L.T. with Petitioners after A.W. and J.B. had complained against them does not repudiate or mitigate the foregoing Findings of Fact concerning Mrs. Hill's use of corporal punishment. The placement of L.T. with the Hills was purely a mistake which was corrected by the removal of L.T. from Petitioners' care soon thereafter. Both Mr. and Mrs. Hill testified that they had severe behavioral problems with L.T. while he was with them. It is not clear whether they asked for his removal from their home or not.
Recommendation Upon the foregoing findings of fact and conclusions of law, it is
The Issue The issue for determination in these proceedings is whether Petitioner’s application for licensure of an additional group home facility should be approved by Respondent, the Agency for Persons with Disabilities (“APD”).
Findings Of Fact Respondent, APD, is the state agency charged with regulating the licensing and operation of foster care facilities, group home facilities, and residential habitation centers pursuant to section 20.197 and chapter 393, Florida Statutes. APD is charged with reviewing all applications and ensuring compliance with the requirements for licensure. Petitioner is an applicant for licensure of a group home facility. Petitioner’s representative, Marilou Burden, submitted the completed application to APD on March 29, 2017. Petitioner’s application requested licensure of an additional group home facility. The proposed name of the facility was Iyachel Group Home, to be located at 1625 Woodridge Drive, in Clearwater, Florida. Angel Child Home Care Corporation, Inc., is a Florida registered corporation. Marilou Burden is Petitioner’s corporate officer. Respondent may deny an application for licensure if the applicant has “[f]ailed to comply with the applicable requirements of this chapter or rules applicable to the applicant.” § 393.0673(2)(a)3., Fla. Stat. Based upon its initial findings of such violations, Respondent denied Petitioner’s application for licensure for an additional group home. At all times material to these proceedings, L.L. was a resident of Petitioner’s facility. COUNT I Clearwater Police Officer Geoffrey Newton testified regarding the events of February 24, 2017. Officer Newton was dispatched to Petitioner’s facility. Officer Newton testified that upon arrival at the Angel Child Home Care facility, everyone was in the front yard. Officer Newton testified that Resident L.L. was in obvious distress and appeared to be having an emotional breakdown. Officer Newton was able to immediately calm L.L. down and speak to L.L. Officer Newton stated that after speaking to L.L., L.L. was very compliant and cooperative with each request made by Officer Newton. L.L. told Officer Newton that he wanted to harm himself. Officer Newton took L.L. into custody. L.L. was ultimately held pursuant to the Baker Act. Further testimony also noted that on February 24, 2017, Mr. Joseph Burden, an auto mechanic, was also able to easily calm L.L. However, Ms. Burden and the facility staff were not able to calm L.L. The sole staff member on duty merely told L.L. to listen to music. There is no evidence that facility staff employed any other techniques in an attempt to calm L.L. After easing L.L.’s behavior episode, Officer Newton spoke to Ms. Burden. Officer Newton described Ms. Burden as “absolutely uncooperative.” Ms. Burden insisted that L.L. be arrested. Officer Newton refused to arrest L.L. for a criminal act. Ms. Burden informed Officer Newton that Ms. Burden was going to call Congress because Officer Newton was not doing his job. Officer Newton stated that it appeared that Ms. Burden does not have enough staff at the facility to ensure it provides a safe working environment for Ms. Burden’s employees. Petitioner failed to properly report the Baker Act of L.L. to APD. COUNT II Police Detective Eliad Glenn testified that on February 11, 2017, he was dispatched to Petitioner’s facility because of a call about an emotionally disturbed person. Upon arrival at the facility, Detective Glenn found that L.L. had hit himself and had suffered a small laceration on his face. L.L. indicated that he wanted to hurt himself. Detective Glenn took L.L. to a facility for emotionally disturbed persons pursuant to the Baker Act. Again, Petitioner failed to report the Baker Act of L.L. to APD. At the hearing, Petitioner attempted to demonstrate that Petitioner submitted the required incident report to APD via e-mail. However, Petitioner failed to admit the incident reporting form from this incident into evidence. Instead, Petitioner merely submitted what appears to be a screen shot of the header of an e-mail. The header of the e-mail does not indicate that the e-mail contained an attachment. Petitioner’s attempt to prove that it submitted the incident report in this manner is not credited, since the document purported to have been submitted to APD was not produced. COUNT III Clearwater Police Officer Michael Jenson testified that on July 26, 2016, he was dispatched to Ms. Burden’s facility in response to a potential battery. Officer Jenson contacted L.L. Angel Child Home Care staff informed Officer Jenson that L.L. had gotten upset and thrown furniture inside the home. Angel Child Home Care staff informed Officer Jenson that no one was injured. Officer Jenson determined that a battery did not occur. L.L. informed Officer Jenson that he did not want to go back to the home. Officer Jenson asked Angel Child Home Care staff if there was a counselor or physician available to speak to L.L. Officer Jenson was informed that no counselor or physician was available to assist L.L. Officer Jenson took L.L. into custody pursuant to the Baker Act, so that L.L. could receive assistance from a counselor or physician. Again, Petitioner failed to report the Baker Act of L.L. to APD. Similar to the February 11, 2017, incident, Petitioner attempted to demonstrate that it submitted the required incident report to APD via e-mail. However, as before, Petitioner failed to admit the incident reporting form from this incident into evidence. Instead, Petitioner merely submitted what appears to be a screen shot of the header of an e-mail. The header of the e-mail does not indicate that the e-mail contained an attachment. Petitioner’s attempt to prove that it submitted the incident report in this manner is not credited, since the document purported to have been submitted to APD was not produced. COUNT IV Clearwater Police Officer Michael Jenson testified that on July 5, 2016, he was dispatched to Ms. Burden’s facility located at 1641 Sunset Point Road. St. Michael’s Guardian Home Care (“St. Michael’s”), a Department of Children and Families group home, which is owned by Ms. Burden, reported Resident B.B. as a runaway. St. Michael’s agents or employees reported that B.B. was not welcome at St. Michael’s. Officer Jenson confirmed that the child was locked out of St. Michael’s, and B.B. stayed at Petitioner’s facility on Sunset Point Road. COUNT V On May 2, 2016, police were called to Angel Child Home Care’s facility. As a result, L.L. was institutionalized pursuant to the Baker Act. Yet again, Petitioner failed to report the Baker Act of L.L. to APD. As before, Petitioner failed to admit the incident reporting form from this incident into evidence. Instead, Petitioner merely submitted what appears to be a screen shot of the header of an e-mail. The header of the e-mail does not indicate that the e-mail contained an attachment. Petitioner’s attempt to prove that it submitted the incident report in this manner is not credited, since the document purported to have been submitted to APD was not produced.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Agency for Persons with Disabilities enter a final order denying Petitioner’s application for licensure. DONE AND ENTERED this 9th day of March, 2018, in Tallahassee, Leon County, Florida. S ROBERT S. COHEN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 9th day of March, 2018. COPIES FURNISHED: Kurt Eric Ahrendt, Esquire Agency for Persons with Disabilities 4030 Esplanade Way, Suite 380 Tallahassee, Florida 32399-0950 (eServed) Shaddrick Haston, Esquire Suite 103 1618 Mahan Center Boulevard Tallahassee, Florida 32308 (eServed) Trevor S. Suter, Esquire Agency for Persons with Disabilities 4030 Esplanade Way, Suite 380 Tallahassee, Florida 32399-0950 (eServed) Gypsy Bailey, Agency Clerk Agency for Persons with Disabilities 4030 Esplanade Way, Suite 335E Tallahassee, Florida 32399-0950 (eServed) Richard D. Tritschler, General Counsel Agency for Persons with Disabilities 4030 Esplanade Way, Suite 380 Tallahassee, Florida 32399-0950 (eServed) Barbara Palmer, Director Agency for Persons with Disabilities 4030 Esplanade Way, Suite 380 Tallahassee, Florida 32399-0950 (eServed)
