04-003813 Ellen Nichols vs. Department Of Children And Family Services Status: Closed Recommended Order on Tuesday, March 29, 2005.

Summary: Petitioner is no longer eligible to receive community care for disabled adults services since the goal of the services has been met.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ELLEN NICHOLS, )

)

Petitioner, )

)

vs. ) Case No. 04 - 3813

)

DEPARTMENT OF CHILDREN AND )

FAMILY SERVICES, )

)

Respondent. )

__________________________________)

RECOMMENDED ORDER

Pursuant to notice, t his cause was heard by Linda M. Rigot,

the assigned Administrative Law Judge of the Division of

Administrative Hearings, on March 4, 2005, by video

teleconferencing with sites in Tampa and Tallahassee, Florida.

APPEARANCES

For Petitioner: Ellen Nich ols, pro se

2501 Seaford Circle

Apartment No. 1

Tampa, Florida 33613

For Respondent: Raymond R. Deckert, Esquire

Department of Children and Family Services

9393 North Florida Avenue, Room 902

Tampa, Florida 33612

STATEMENT OF THE ISSUE

The issue presented is whether case management and

homemaker services for Petitioner should be terminated.

PRELIMINARY STATEMENT

B y correspondence dated August 20, 2004, Respondent

Department of Children and Family Services advised Petitioner

Ellen Nichols that it was terminating the case management and

homemaker services it was providing to her, and Petitioner

timely requested an ad ministrative hearing regarding that

determination. This cause was thereafter transferred to the

Division of Administrative Hearings to conduct the evidentiary

proceeding.

Petitioner Ellen Nichols testified on her own behalf. The

Department presented the testimony of Joan Cecil,

Latonya Snowden, Debra Niles, Judy Rose, and Judy Amison.

Additionally, the Department's Exhibits 1 - 8 were admitted in

evidence.

Only the Department filed a proposed recommended order

after the conclusion of the final hearing. Th at document has

been considered in the entry of this Recommended Order.

FINDINGS OF FACT

1. In June 2004, the Department determined that Petitioner

was eligible for services pursuant to its Community Care for

Disabled Adults Program. Pursuant to its con tract with the

Department, Gulf Coast Jewish Family Services, Inc., d/b/a Gulf

Coast Community Care began delivering those services.

2. Petitioner's apartment was dirty and cluttered, and she

was in danger of being evicted from her Section 8 federally -

s ubsidized housing. Petitioner began receiving case management

and homemaker services, with the stated goal of cleaning and

organizing her apartment so that she could avoid eviction.

3. The case management services consisted of determining

and managing the appropriate services for Petitioner. The

homemaker services consisted of a helper going to Petitioner's

apartment once a week for three hours to teach and assist her in

keeping her apartment clean and uncluttered.

4. The services rendered to Petit ioner were helpful and

encouraged her to gradually discard much of her clutter so that

it was easier to keep the apartment clean. When Gulf Coast

employees came to her apartment, she was involved in sorting and

discarding unneeded items and the apartment appeared much

neater. Although it was difficult for her, Petitioner was able

to get the apartment ready for her Section 8 inspection,

primarily by herself.

5. In August 2004, Gulf Coast determined that the stated

goal of organizing and cleaning Petition er's apartment so that

she could avoid eviction had been achieved. Both Petitioner's

case manager and her homemaker services supervisor visited her

apartment and determined that Petitioner was able to keep the

apartment up to standards.

6. Based upon t he achievement of the stated goal, the

Department notified Petitioner that the case management and

homemaker services were being terminated.

7. Although Petitioner testified at the final hearing that

she had developed a "heart condition" and was being en rolled in

a cardiac rehabilitation program, no evidence was offered,

either expert or non - expert, that her "heart condition" would

prevent her from keeping her apartment clean and uncluttered.

Rather, Petitioner admitted that no doctor had told her she

sh ould not perform housework.

CONCLUSIONS OF LAW

8. The Division of Administrative Hearings has

jurisdiction over the subject matter hereof and the parties

hereto. §§ 120.569 and 120.57(1), Fla. Stat.

9. Section 410.604(1), Florida Statutes, authoriz es the

Department to operate or contract for a community care for

disabled adults program, and Section 410.604(2) establishes the

need for the Department to prioritize services due to limited

funding for the program.

10. The Department's contract with Gu lf Coast specifies on

page 14 that the parameters of service delivery are detailed,

and incorporated by reference, in the Department's CF Operating

Procedure No. 140 - 8. That latter document provides on page 39

in paragraph 6 - 5 that a client's case must be closed when

services are no longer needed due to improvement.

11. Petitioner received services to assist her in cleaning

her apartment and disposing of clutter so that she could pass

her Section 8 housing inspection. Petitioner's apartment passed

in spection. Therefore, the goal of the services was met, and

Petitioner no longer needs those services. Although Petitioner

desires that the services continue, no evidence was offered that

there was a need, not just a desire. The services should,

therefor e, be terminated.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is

RECOMMENDED that a final order be entered finding that

Petitioner is no longer eligible for services and terminating

the case management and homemaker s ervices provided to her.

DONE AND ENTERED this 29th day of March, 2005, in

Tallahassee, Leon County, Florida.

S

LINDA M. RIGOT

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 3 2399 - 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 29th day of March, 2005.

COPIES FURNISHED:

Ellen Nichols

2501 Seaford Circle

Apartment No. 1

Tampa, Florida 33613

Raymond R. Deckert, Esquire

Department of Children and Family Services

9393 North Florida Avenue, Suite 902

Tampa, Florida 33612

Gregory D. Venz, Agency Clerk

Department of Children and Family Services

Building 2, Room 204B

1317 Wi newood Boulevard

Tallahassee, Florida 32399 - 0700

Josie Tomayo, General Counsel

Department of Children and Family Services

Building 2, Room 204

1317 Winewood Boulevard

Tallahassee, Florida 32399 - 0700

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties hav e 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 case.