01-003586 Stephanie Reeves vs. Department Of Children And Family Services Status: Closed Recommended Order on Wednesday, November 14, 2001.

Summary: License to operate foster home denied in face of abuse report naming applicant as perpetrator of abuse upon children in her care.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STEPHANIE REEVES, )

)

Petitioner, )

)

vs. ) Case No. 01 - 3586

)

DEPARTMENT OF CHILDREN AND )

FAMILY SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Following notice to all parties, Don W. Davis,

Administrative Law Judge for the Division of Administrative

Hearings, held a final hearing in the above - styled case on

Wednesday, October 17, 2001, in Leesburg, Florida.

APPEARANCES

For Petitioner: Stephanie Reeves, pro se

1707 Birchwood Circle

Apartment 1

Leesburg, Florida 34748

For Respondent: Ralph McMurphy, Esquire

Department of Children and

Family Services

1601 West Gulf Atlantic Highway

Wildwood, Florida 34785 - 8158

STAT EMENT OF THE ISSUE

The issue to be resolved in this proceeding is whether

Petitioner, a foster home operator, committed violations of the

Florida Statutes and the Florida Administrative Code, as alleged

by Respondent, sufficient to justify Respondent' s refusal to

renew Petitioner's license.

PRELIMINARY STATEMENT

Petitioner was notified by letter dated August 10, 2000,

from Respondent's representative that Petitioner's foster home

license would not be renewed. Inadequate food and medical care

for children housed in Petitioner's foster home were the reasons

stated in the letter for the refusal to renew.

Petitioner timely sought an administrative proceeding to

contest Respondent's decision not to renew, and the dispute was

transferred to the Divisio n of Administrative Hearings.

At the final hearing, Respondent presented three witnesses

and five exhibits. Petitioner presented one exhibit and

testimony of two witnesses.

No transcript was provided. Neither party timely submitted

a proposed recommended order, and none had been submitted at the

time of preparation of this Recommended Order.

FINDINGS OF FACT

1. On December 20, 1999, Petitioner applied for renewal of

her license to operate a foster care home. The license was due

to expire on February 1 5, 2000. Respondent's investigation of

the application was eventually concluded on June 15, 2000.

2. By letter dated August 10, 2000, Petitioner was

notified of Respondent's decision that, as a consequence of the

Florida abuse report finding that Petit ioner had failed to

provide adequate food and medical care to children in her care,

her home would not be re - licensed as a foster home.

3. At final hearing, Petitioner's testimony established

that she did not intend to again operate a foster home. Her

d esire in requesting a hearing was simply "to clear her good

name" from the allegations contained in Florida abuse report

number 1999 - 124723. She further admitted that her personal

physician opposed renewal of her license due to Petitioner's

heart conditio n. Petitioner offered copies of medical reports

from a medical practitioner as proof that allegations of the

abuse report were incorrect. Specifically, it is found that the

medical records proffered at best show only that the children

were taken to a doc tor on specific occasions and does little to

rebut the abuse report’s allegations of inadequate food and

medical care.

4. Further, testimony of Respondent’s employees at final

hearing established that Petitioner’s son, a convicted felon

without exempti on status, had been residing in the home.

Pursuant to applicable statutes, such a resident in the home

also prevents re - licensure.

CONCLUSIONS OF LAW

5. The Division of Administrative Hearings has

jurisdiction of the subject matter of and the partie s to this

proceeding. Section 120.57(1), Florida Statutes.

6. Respondent seeks to deny renewal of Petitioner's foster

home care license due to the results of an abuse report dating

from 1999. Respondent possesses a wide array of authority with

regard t o denial, suspension, revocation and/or renewal of

Petitioner's licensure status. Section 402.305, Florida

Statutes, and Rule Chapter 65C - 22, Florida Administrative Code.

7. Section 402.310, Florida Statutes, states in part:

(1)(a) The department or local licensing

agency may deny, suspend or revoke a license

or impose an administrative fine not to

exceed $100 per violation, per day, for the

violation of any provision of ss. 402.301 -

402.319 or rules adopted thereunder.

However, where the violation c ould or does

cause death or serious harm, the department

or local licensing agency may impose an

administrative fine, not to exceed $500 per

violation per day.

(b) In determining the appropriate

disciplinary action to be taken for a

violation as provide d in paragraph (a), the

following factors shall be considered:

1. The severity of the violation,

including the probability that death or

serious harm to the health and safety of any

person will result or has resulted, the

severity of the actual or poten tial harm,

and the extent to which the provisions of

ss. 402.301 - 402.319 have been violated.

2. Actions taken by the licensee to

correct the violation or to remedy

complaints.

3. Any previous violations of the

licensee.

8. Petitioner did not estab lish that matters underlying

Respondent’s determination not to renew Petitioner’s license

were untrue or that improprieties had been corrected. While

sympathetic to Petitioner’s desire to clear her name, the

purpose of this proceeding is to determine whet her her license

should be renewed in the face of the abuse report, the testimony

by Respondent employees that a felon resides in the home, and

the testimony of Petitioner herself that her doctor does not

want her to continue to operate a foster home.

REC OMMENDATION

Having considered the foregoing Findings of Fact,

Conclusions of Law, the evidence of record, and the candor and

demeanor of the witnesses, it is recommended that a final order

be entered confirming the denial of Petitioner’s license to

operate a foster home.

DONE AND ENTERED this 14th day of November, 2001, in

Tallahassee, Leon County, Florida.

___________________________________

DON W. DAVIS

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkwa y

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 14th day of November, 2001.

COPIES FURNISHED :

Ralph McMurphy, Esquire

Department of Children and

Family Services

1601 West Gulf Atlantic Highway

Wildwood, Florida 34785 - 8158

Stephanie Reeves

1707 Birchwood Circle

Apartment 1

Leesburg, Florida 34748

Virginia A. Daire, Agency Clerk

Department of Children and

Family S ervices

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

NOTICE OF R IGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

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

to this Recommended Order should be filed with the agency that

will issue the final order in this cas e.