06-003696 Antoinette Scanziani vs. Department Of Children And Family Services Status: Closed Recommended Order on Friday, May 11, 2007.

Summary: Petitioner, who is seeking a renewal of her family foster care licence, has demonstrated through the evidence that she is is non-compliant, uncooperative, has moved twice without notice, and is not honest. Recommend that the renewal be denied.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ANTOINETTE SCANZIANI, )

)

Petitioner, )

)

vs. ) Case No. 06 - 3696

)

DEPARTMENT OF CHILDREN AND )

FAMILY SERVICES, )

)

Respondent. )

)

RECOMMENDED OR DER

A final hearing was conducted in this case before Daniel M.

Kilbride, Administrative Law Judge of the Division of

Administrative Hearings (DOAH) on January 8, 2007, by video -

teleconference from sites in Tallahassee and Orlando, Florida.

APPEARANCES

Fo r Petitioner: Antoinette Scanziani, pro se

7710 Lakeside Woods Drive

Orlando, Florida 32810

For Respondent: Richard Cato, Esquire

Department of Children and

Family Services

400 West Robinson Street, Suite S - 1106

Orlando, Florida 32801 - 1782

STATEMENT OF THE ISSUE

Whether Petitioner Antoinette Scanziani's license as a

family foster home should be renewed.

PRELIMINARY STATEMENT

By certified letter, da ted August 28, 2006, Respondent,

Department of Children and Family Services, informed Petitioner,

Antoinette Scanziani, that her application for relicensure as a

family foster home was being denied. Petitioner disputed the

facts underlying Respondent's de cision and on September 19,

2006, by letter, timely requested an administrative hearing.

On September 27, 2007, Respondent referred the matter to DOAH

for the assignment of an Administrative Law Judge to conduct the

hearing requested by Petitioner.

Follo wing discovery, a continuance was granted at the

request of Petitioner, and the case was transferred to the

undersigned. The final hearing was scheduled for and held on

January 8, 2007. At the hearing, official recognition was taken

of Section 409.175, F lorida Statutes (2004), and Florida

Administrative Code Chapter 65C - 13.

At the hearing, Respondent presented the testimony of

Norlyn M. Florence, Dependency Specialist with the Children's

Home Society; Emmy A. Sims, Dependency Case Manager Supervisor

with the Children's Home Society; Tracy Klinkbeil, Government

Analyst, with the Department of Children and Family Services and

former licensing specialist with Respondent's Central Licensing

Zone; and Amy D. Hammett, Lead Licensing Specialist for

Respondent's C entral Licensing Zone, and offered one composite

exhibit which was admitted into evidence. Petitioner testified

on her own behalf, presented the testimony of her son, Emanuel

Scanziani, and offered 16 exhibits, which were admitted into

evidence.

The heari ng was recorded, and the Transcript was filed with

DOAH on February 21, 2007. Proposed Recommended Orders were to

be submitted within 15 days of the filing of the transcript.

Petitioner filed a three page letter as her post - hearing

submittal, which has b een considered. However, Respondent has

not file a proposed recommended order as of the date of this

Recommended Order.

FINDINGS OF FACT

Based on the testimony and evidence received at the

hearing, the following findings are made:

1. Respondent is the st ate agency responsible for

licensing and regulating family foster homes. Children's Home

Society (CHS) is the contract agency in the Central Licensing

Zone that directly supervises licenses in that area.

2. Petitioner filed an application to renew her fa mily

foster home license on May 26, 2006, which was originally issued

for one year in August 2005.

3. Prior to the issuance of her family foster care license

on August 19, 2005, Petitioner had completed, inter allia ,

30 hours of Models Approach Partnersh ip and Parenting (MAPP)

training and signed a Foster Parent Agreement, prepared by CHS,

which spells out the duties and obligations of a foster parent.

4. Paragraph 12 of the Agreement specifically states that

a foster parent will notify CHS immediately o f any change of

address. Under Respondent's rules, a family foster care license

is not transferable, and a new sanitation inspection and

recommendation must be completed before Respondent can issue a

new license for the new address.

5. The family foster care license was issued to Petitioner

for 5831 Bent Pine Drive, Apartment 300, Orlando, Florida 32822.

The first foster child was placed in Petitioner's care on

September 1, 2005.

6. In August 2005, Petitioner began a dispute with the

rental management c ompany who managed the apartment complex

where she lived. This resulted in Petitioner giving the company

60 days' notice that she would not renew her lease after October

31, 2005. The rental company, mean while, would not accept her

tender of rental paym ents for August and September 2005, and

initiated eviction proceedings in County Court.

7. Prior to the final hearing, a stipulation was signed by

the parties and approved by the County Court. Petitioner moved

out of her apartment on October 31, 2005.

8. On November 1, 2005, Petitioner, along with one foster

child, moved into a house located at 7741 Fort Sumter Drive,

Orlando, Florida 32822. CHS was not notified of this change of

address until November 11, 2005.

9. The CHS Dependency Specialist worked diligently with

Petitioner to obtain a license for her new residence. DCF

issued a new family foster care license for 7741 Fort Sumter

Drive, Orlando, Florida 32822 on December 20, 2005.

10. Petitioner maintained an unlicensed foster home from

the period of November 1, 2005, through December 20, 2005.

Although the foster child residing with Petitioner was not

removed from the home, Petitioner was reminded of the need to

notify CHS prior to any moves in the future.

11. On April 6, 2006, Petitioner notifi ed CHS that she had

moved from her Fort Sumter Drive, Orlando, residence to a

residence in Poinciana, Florida (Osceola County) at the end of

March 2006.

12. It was subsequently determined that a Writ of

Possession for the Orlando residence was issued by t he Orange

County Court on March 2, 2006. Petitioner testified at the

hearing that she moved at the end of March 2006, because of poor

maintenance and discriminatory and retaliatory conduct by the

landlord.

13. The foster child was not removed from the ho me and

the CHS Dependency Specialist again worked diligently and

patiently with Petitioner to obtain a license for her family

foster care residence at 127 Conch Drive, Kissimmee, Florida

34759 (Poinciana).

14. Due primarily to Petitioner's lack of cooper ation, a

completed health inspection of the home was not completed until

August 4, 2006.

15. During this time, Petitioner submitted her application

for relicensure on May 26, 2006. On July 13, 2006, the CHS

Dependency Specialist hand delivered a letter, dated July 11,

2006, to Petitioner reminding her that a face - to - face visit and

a walk through of the home was required before recommendation

could be given. Petitioner was given a check - list of 16 items

which were due to be completed prior to July 16, 200 6, or CHS

could not recommend renewal of her foster care license.

16. On July 18, 2006, CHS sent Petitioner a follow - up

letter. Although another home inspection had taken place on

July 17, 2006, it was not a satisfactory home health inspection.

In addit ion, proof of completion of 12 hours of training had not

been demonstrated and six other items on the check - list were,

also, not completed. The deadline for compliance was extended

to August 3, 2006, with a reminder that the existing license

expired on Au gust 19, 2006.

17. CHS followed with reminder telephone calls on

July 19 and 20, followed by another letter on July 25, 2006,

that all remaining items must be completed by August 3, 2006.

18. Petitioner demonstrated compliance with four of the

items, bu t did not provide Radon Test results or proof that her

2A10BC fire extinguisher was tagged and inspected.

19. On August 18, 2006, the foster child, living in

Petitioner's home, was removed. On August 19, 2006,

Petitioner's family foster care license expi red by operation of

law, without Petitioner having submitted a completed application

package to CHS.

20. On August 28, 2006, Respondent sent Petitioner a

notice of intent to deny her application for relicensure. The

reasons for the denial were outlined o n the four - page letter.

Petitioner objected to the notice and requested a formal

hearing, and this proceeding followed.

21. From the evidence, it is apparent that CHS worked

diligently in helping Petitioner transfer her existing license

two times, when P etitioner moved without notifying CHS before

the move; and encouraged and worked with Petitioner to complete

the application for renewal a month before the expiration of her

license. However, due to Petitioner's procrastination and/or

resistance, the comp leted documentation was not sent in to

Respondent prior to the expiration of her prior license.

CONCLUSIONS OF LAW

22. The Division of Administrative Hearings has

jurisdiction over the parties to and the subject matter to this

case pursuant to Section 120 .569 and Subsections 120.57(1), and

409.175(6)(d)1., Florida Statutes (2006). 1

23. Section 409.175, Florida Statutes, relating to

licensure of family foster homes reads, in pertinent part:

(1)(a) The purpose of this section is to

protect the health, safe ty, and well - being

of all children in the state who are cared

for by family foster homes, residential

child - caring agencies, and child - placing

agencies by providing for the establishment

of licensing requirements for such homes and

agencies and providing p rocedures to

determine adherence to these requirements.

* * *

(2) As used in this section, the term:

* * *

(e) "Family foster home" means a private

residence in which children who are

unattended by a parent or legal guardian are

provi ded 24 - hour care. Such homes include

emergency shelter family homes and

specialized foster homes for children with

special needs. A person who cares for a

child of a friend for a period not to exceed

90 days, a relative who cares for a child

and does not receive reimbursement for such

care from the state or federal government,

or an adoptive home which has been approved

by the department or by a licensed child -

placing agency for children placed for

adoption is not considered a family foster

home.

(f) "L icense" means "license" as defined in

s. 120.52(9). A license under this section

is issued to a family foster home or other

facility and is not a professional license

of any individual. Receipt of a license

under this section shall not create a

property right in the recipient. A license

under this act is a public trust and a

privilege, and is not an entitlement. This

privilege must guide the finder of fact or

trier of law at any administrative

proceeding or court action initiated by the

department.

(g) "Operator" means any onsite person

ultimately responsible for the overall

operation of a child - placing agency, family

foster home, or residential child - caring

agency, whether or not she or he is the

owner or administrator of such an agency or

home.

(h) "Owner" means the person who is

licensed to operate . . . family foster

home. . . .

* * *

(k) "Screening" means the act of assessing

the background of personnel and includes,

but is not limited to, employment history

checks as provided in chapt er 435, using the

level 2 standards for screening set forth in

that chapter. . . .

* * *

(3)(a) The total number of children placed

in each family foster home shall be based on

the recommendation of the department, or the

community - based care le ad agency where one

is providing foster care and related

services, . . . and the background,

experience, and skill of the family foster

parents.

* * *

(c) For any licensed family foster home,

the appropriateness of the number of

children in the home must be reassessed

annually as part of the relicensure process.

* * *

(5)(a) The department shall adopt and

amend licensing rules for family foster

homes, . . .

* * *

(6)(e) At the request of the department,

the local county hea lth department shall

inspect a home . . . according to the

licensing rules promulgated by the

department. . . .

* * *

(h) Upon determination that the applicant

meets the state minimum licensing

requirements, the department shall issue a

license without charge to a specific person

or agency at a specific location. A license

may be issued if all the screening materials

have been timely submitted; . . . The

license is nontransferable. . . . Except as

provided in paragraph (j), the license is

vali d for 1 year from the date of issuance,

unless the license is suspended or revoked

by the department or is voluntarily

surrendered by the licensee. The license is

the property of the department.

(i) A license issued for the operation of a

family foster home . . . will expire

automatically 1 year from the date of

issuance. . . . Ninety days prior to the

expiration date, an application for renewal

shall be submitted to the department by a

licensee who wishes to have the license

renewed. A license shall b e renewed upon

the filing of an application on forms

furnished by the department if the applicant

has first met the requirements established

under this section and the rules promulgated

hereunder.

24. Florida Administrative Code Rule 65C - 13.003, Pre -

Serv ice and In - Service Training, provides in pertinent part:

Sections 409.175(13)(a), (b), F.S., requires

the department to provide pre - service and

in - service training for foster and emergency

shelter parents who are licensed and

supervised by the department a s a condition

of licensure.

* * *

(2) In - Service Training. Section

409.175(13)(c), F.S., requires that prior to

the renewal of a license, each foster

parent, emergency shelter parent and family

group home parent successfully complete

eight hour s of in - service training.

25. Florida Administrative Code Rule 65C - 13.006 provides:

(1) The department must receive the report

of an approved sanitation inspection from

the local health program office. The

counselor must request the inspection in

suff icient time to secure the report prior

to the date the old license expires.

(2) The counselor should send the staff

inquiry – annual relicensing study to all

counselors who have had children in the home

for completion prior to the expiration of

the licen se. This information is vital to

assess the home.

(3) Prior to the issuance of a new license,

the counselor must secure Abuse Registry and

law enforcement clearance for all adults who

reside in the home following the procedures

outlined in this rule.

( 4) The counselor must complete section A

of the relicensing summary for foster homes

for dependent children.

(5) The substitute care parent must

complete section B of the relicensing

summary for foster homes for dependent

children.

(6) The substitute care parent must sign an

application for a license form.

(7) The counselor must meet with the

substitute care family to review the

relicensing summary for foster homes for

dependent children and to formulate

recommendations for relicensure.

(8) The su bstitute care parents must have

completed eight hours of in - service

training. The number of hours of training,

and type of training provided should be

documented in the case file of the

substitute parents.

(9) At least two weeks prior to the date

for re licensure copies of all forms,

including the sanitation inspection, must be

submitted to the district office with a

request for the issuance of a new license.

26. Florida Administrative Code Rule 65C - 13.005, Changes

During the Licensed Year, provides in pertinent part:

* * *

(2) If a family changes its location during

the licensing year, the new home must be

evaluated and a new sanitation inspection

must be made by the local county public

health unit. The certificate of license

issued for the o ld location must be returned

to the district office, together with a

relicensing summary for foster homes for

dependent children completed on the new

home, a copy of the sanitation inspection

report, and a recommendation with regard to

the issuance of a li cense for the new

address. An application for a license must

be signed by the substitute parents showing

the new address. If approved, a new

certificate of license will be sent to the

unit office for delivery to the substitute

care parents.

27. Florida Administrative Code Rule 65C - 13.011, Minimum

Standards for Licensure of Family Foster Homes, Family Emergency

Shelter Homes and Family Group Homes, provides, in pertinent

part:

. . . The department has applied the

recommended standards of the American Pu blic

Welfare Association when establishing the

following standards. Any exceptions to the

following standards must be for good cause

and must be approved in writing by the

district Children and Families Program

Office prior to the exceptions being

impleme nted.

(1) Family Composition.

* * *

(c) Single parent families may be selected

when they can effectively meet the

particular needs of a child.

* * *

(4) Income. Substitute care parents must

have sufficient income to assure their

st ability and the security of their own

family without relying on board payments.

The substitute family must have sufficient

income to absorb four to six weeks of a

foster child’s care until a board payment is

received.

* * *

(9) Screening. Subs titute care parents

must meet the screening requirements as

stated in paragraph 65C - 13.009(6)(b),

F.A.C., of this chapter.

* * *

(11) Physical Environment.

* * *

(c) The home must be inspected and approved

by a representative of the l ocal health

program office prior to licensing and

annually thereafter. Inspections cover

sanitation, health, fire prevention and

safety.

* * *

(15) Fire Safety.

* * *

(f) The home should be equipped with the

following:

* * *

3. Portable chemical fire extinguisher in

the kitchen size 2A10BC.

* * *

28. Subsection 409.175(9)(b)1. and 2., Florida Statutes,

authorizes Respondent to deny, suspend, or revoke a license for

an intentional or negligent act materially affec ting the health

or safety of children in the home, and/or a violation of the

provisions of this section or of licensing rules promulgated

pursuant to this section.

29. Petitioner is seeking a renewal of her family foster

home license. Respondent has issu ed its notice of intent to

deny Petitioner's application for renewal. As the party

asserting the affirmative of an issue before this administrative

tribunal, Respondent has the burden of proof. Florida

Department of Transportation v. J.W.C. Company , 396 So. 2d 778

(Fla. 1st DCA 1981). However, the license which Petitioner has

applied for is not a professional license and does not create a

property right. § 409.175(2)(f), Fla. Stat. (2006). Therefore,

Respondent must establish facts, by a preponderance of evidence,

which support the denial of the license. Department of Banking

and Finance v. Osborne Stern & Co. , 670 So. 2d 932, 934 (Fla.

1996).

30. The evidence shows that Petitioner was non - compliant

with Respondent's clearly stated regulations; did n ot keep CHS

informed of her current address; was uncooperative in working

with the CHS representative, and was less than honest in her

responses for information. These are sufficient grounds to deny

Petitioner's application for relicensure as a family fos ter care

home.

RECOMMENDATION

Based on the foregoing Findings of Facts and Conclusions of

Law, it is

RECOMMENDED that:

Petitioner, Antoinette Scanziani's, application for a

renewal of her family foster home license be denied.

DONE AND ENTERED this 11th day of May, 2007, in

Tallahassee, Leon County, Florida.

S

DANIEL M. KILBRIDE

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 11th day of May, 2007.

ENDNOTE

1/ All references to Florida Statutes are to Florida Statutes

(2006), unless oth erwise indicated.

COPIES FURNISHED :

Richard Cato, Esquire

Department of Children and

Family Services

400 West Robinson Street, Suite S - 1106

Orlando, Florida 32801 - 1782

Antoinette Scanziani

7710 Lakeside Woods Drive

Orlando, Florida 32810

Robert A. Butterworth, Secretary

Department of Children and

Family Services

Building 1, Room 202

1317 Winewood Boulevard

Tallahassee, Florida 32399 - 0700

John J. Copelan, General Counsel

Department of Children and

Family Services

Building 2, Room 204

1317 Wine wood Boulevard

Tallahassee, Florida 32399 - 0700

Gregory Venz, Agency Clerk

Department of Children and

Family Services

Building 2, Room 204B

1317 Winewood Boulevard

Tallahassee, Florida 32399 - 0700

NOTICE OF RIGHT 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 case.