99-005142 Department Of Children And Family Services vs. Grace Grantley
 Status: Closed
Recommended Order on Friday, May 12, 2000.


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Summary: Respondent`s use of corporal punishment and her leaving the children in the custody of unauthorized persons warranted the denial of Respondent`s application to renew her foster home license.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8DEPARTMENT OF CHILDREN AND )

13FAMILY SERVICES, )

16)

17Petitioner, )

19)

20vs. ) Case No. 99-5142

25)

26GRACE GRANTLEY, )

29)

30Respondent. )

32___________________________________)

33RECOMMENDED ORDER

35Pursuant to notice, this cause was heard by Linda M. Rigot,

46the assigned Administrative Law Judge of the Division of

55Administrative Hearings, on March 3, 2000, in Miami, Florida.

64APPEARANCES

65For Petitioner: Rosemarie Rinaldi, Esquire

70Department of Children and Family Services

76401 Northwest Second Avenue, Suite N-1014

82Miami, Florida 33128

85For Respondent: Grace Grantley, pro se

913637 Oak Avenue

94Miami, Florida 33133

97STATEMENT OF THE ISSUE

101The issue presented is whether Respondent's foster home

109license should be renewed.

113PRELIMINARY STATEMENT

115By correspondence dated September 30, 1999, the Department

123advised Respondent that her foster home license would not be

133renewed due to her failure to meet minimum standards, and

143Respondent timely requested an evidentiary hearing regarding the

151Department's determination. This cause was thereafter

157transferred to the Division of Administrative Hearings to

165conduct the evidentiary proceeding.

169The Department presented the testimony of

175Giacomo Coschignano, Richard Correa, Elizabeth Gunn, Sam Fateru,

183and Mavis Whitton. Respondent Grace Grantley testified on her

192own behalf and presented the testimony of Gladys Jones and

202Shaneka Grantley. Additionally, the Department's Exhibits

208numbered 1-4 were admitted in evidence.

214Only the Department submitted a proposed recommended order

222after the conclusion of the evidentiary hearing. That document

231has been considered in the entry of this Recommended Order.

241FINDINGS OF FACT

2441. Respondent has been a licensed foster parent for

253approximately ten years. Prior to receiving her license she

262completed the required 30 hours of training given to all foster

273parents. That training included the acceptable methods of

281discipline that could be administered to foster children, and

290potential foster parents were specifically advised that no form

299of corporal or physical punishment could be used. Since that

309time, Respondent has completed the required eight hours of in-

319service training annually that also included the acceptable

327methods of discipline and the prohibition against corporal

335punishment. Each year Respondent signed a Discipline Policy

343Agreement that sets forth the acceptable and unacceptable

351methods of administering discipline to foster children.

3582. Since 1994, Respondent has annually signed a Bilateral

367Service Agreement by which she agreed not to allow unauthorized

377persons to live in her home or have custody of the foster

389children in her care. She also agreed to notify the Department

400of any change in living arrangements and to have an approved

411person as a back-up caretaker in case of an emergency.

4213. Respondent was hospitalized for a week immediately

429preceding June 26, 1999. She did not attempt to notify the

440Department or her approved back-up caretaker that the children

449would be left alone. Instead, she told her daughter to pick up

461the children and take them to her home. Her daughter has a

473criminal record and was not approved by the Department as a

484back-up person to care for Respondent's foster children.

4924. Respondent also told her brother Uncle Sonny to watch

502her house and told Delilah, one of Respondent's foster children,

512to have Delilah's older brother Johnny stop by the house after

523work. Several years earlier Uncle Sonny had been the subject of

534an accusation by Delilah of sexual abuse. Although Delilah

543recanted that allegation, the foster children's guardian and the

552Department had told Respondent that Uncle Sonny should not be

562around the children.

5655. When her daughter arrived at Respondent's home, Delilah

574and Rasheeda, the two older foster girls, refused to go with

585her, so she left them there. Before she arrived at Respondent's

596house, the biological mother of the sibling group, had come by

607the house. Upon learning that Respondent was in the hospital,

617the biological mother took Cotara and Mervin, the younger

626children, home with her. The biological mother was prohibited

635by the Department from having custody of the children and was

646only permitted to visit them in Respondent's home. Respondent's

655daughter went to the biological mother's house and took Cotara

665but left Mervin there.

6696. Richard Correa was a Children's Home Society case

678manager assigned to the sibling group placed in Respondent's

687foster home. After becoming alarmed because he could not reach

697Respondent by telephone for several days, he went to her home on

709June 26, 1999.

7127. Respondent told him that she had returned home from the

723hospital the day before and that there had been a physical

734altercation between Respondent and Delilah and between

741Respondent and Rasheedah. Rasheedah had a bruise on her neck.

7518. Respondent told Correa that she had struck Delilah and

761Rasheeda because they told her they were going to do what they

773wanted. Correa told Respondent that corporal punishment was

781prohibited. Respondent told Correa that she did not know that.

791She later told Correa that she had only struck the girls in

803self-defense after they attacked her. Respondent also told the

812children's court-appointed guardian later that day that she had

821hit both Rasheedah and Delilah. At the final hearing,

830Respondent testified that she had to "push them to the ground to

842try to keep them from hurting" her and then hit them two or

855three times with a belt.

8609. Correa had the children removed from Respondent's

868foster home.

870CONCLUSIONS OF LAW

87310. The Division of Administrative Hearings has

880jurisdiction over the parties and the subject matter. Sections

889120.569 and 120.57(1), Florida Statutes.

89411. Section 409.175(4)(a), Florida Statutes, authorizes

900the Department to adopt licensing rules for foster homes, and

910the Department has adopted Rule 65C-13.010, Florida

917Administrative Code. Section (1)(b)5.f of that Rule prohibits

925corporal punishment of any kind. Section 409.175(8)(b)2,

932Florida Statutes, authorizes the Department to deny a license

941for violation of the licensing rules.

94712. The Department has met its burden of proving that

957Respondent violated the Department's licensing rule and that

965Respondent is not entitled to a foster home license.

974RECOMMENDATION

975Based on the foregoing Findings of Fact and Conclusions of

985Law, it is

988RECOMMENDED that a final order be entered finding

996Respondent guilty of violating the Department's licensing rule

1004and denying Respondent's request to renew her foster home

1013license.

1014DONE AND ENTERED this 12th day of May, 2000, in

1024Tallahassee, Leon County, Florida.

1028___________________________________

1029LINDA M. RIGOT

1032Administrative Law Judge

1035Division of Administrative Hearings

1039The DeSoto Building

10421230 Apalachee Parkway

1045Tallahassee, Florida 32399-3060

1048(850) 488-9675 SUNCOM 278-9675

1052Fax Filing (850) 921-6847

1056www.doah.state.fl.us

1057Filed with the Clerk of the

1063Division of Administrative Hearings

1067this 12th day of May, 2000.

1073COPIES FURNISHED:

1075Virginia Daire, Agency Clerk

1079Department of Children and Family Services

1085Building 2, Room 204B

10891317 Winewood Boulevard

1092Tallahassee, Florida 32399-0700

1095Josie Tomayo, General Counsel

1099Department of Children and Family Services

1105Building 2, Room 204B

11091317 Winewood Boulevard

1112Tallahassee, Florida 32399-0700

1115Rosemarie Rinaldi, Esquire

1118Department of Children and Family Services

1124401 Northwest Second Avenue, Suite N-1014

1130Miami, Florida 33128

1133Grace Grantley

11353637 Oak Avenue

1138Miami, Florida 33133

1141NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

1147All parties have the right to submit written exceptions within

115715 days from the date of this Recommended Order. Any exceptions

1168to this Recommended Order should be filed with the agency that

1179will issue the Final Order in this case.

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PDF
Date
Proceedings
Date: 07/18/2000
Proceedings: Final Order Denying Foster Home Licensure filed.
PDF:
Date: 07/17/2000
Proceedings: Agency Final Order
PDF:
Date: 05/12/2000
Proceedings: Recommended Order
PDF:
Date: 05/12/2000
Proceedings: Recommended Order sent out. CASE CLOSED. Hearing held March 3, 2000.
Date: 04/03/2000
Proceedings: Petitioner`s Proposed Recommended Order (For Judge Signature) filed.
Date: 03/23/2000
Proceedings: Notice of Filing; DOAH Court Reporter Final Hearing Transcript filed.
Date: 03/03/2000
Proceedings: CASE STATUS: Hearing Held.
Date: 03/03/2000
Proceedings: (R. Rinaldi) Notice of Filing; Petitioner`s Exhibits filed.
Date: 02/25/2000
Proceedings: Petitioner`s Witness List (filed via facsimile).
Date: 02/25/2000
Proceedings: Amended Notice of Video Hearing sent out. (hearing set for March 3, 2000; 1:00 p.m.; Miami and Tallahassee, FL, amended as to scheduling case for video teleconference and location of hearing)
Date: 02/17/2000
Proceedings: Letter to LMR from G. Grantley Re: Witnesses filed.
Date: 01/04/2000
Proceedings: Order of Pre-hearing Instructions sent out.
Date: 01/04/2000
Proceedings: Notice of Hearing sent out. (hearing set for March 3, 2000; 9:30 a.m.; Miami, FL)
Date: 12/20/1999
Proceedings: Unilateral Response to Initial Order (Petitioner) (filed via facsimile).
Date: 12/10/1999
Proceedings: Initial Order issued.
Date: 12/08/1999
Proceedings: Notice; Request for Hearing Letter Form; Agency Action Letter filed.

Case Information

Judge:
LINDA M. RIGOT
Date Filed:
12/08/1999
Date Assignment:
12/10/1999
Last Docket Entry:
07/18/2000
Location:
Miami, Florida
District:
Southern
Agency:
ADOPTED IN TOTO
 

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