18-005520 New Beginnings Group Home vs. Department Of Children And Families Status: Closed Recommended Order on Thursday, January 24, 2019.

Summary: Petitioner failed to establish that it met all licensing criteria for a child caring agency.

S TATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

NEW BEGINNINGS GROUP HOME,

Petitioner,

vs. Case No. 18 - 5520

DEPARTMENT OF CHILDREN AND

FAMILIES,

Respondent.

_______________________________/

RECOMMENDED ORDER

Administrative La w Judge D . R. Alexander conducted a final

hearing in this matter by video teleconference on January 7,

2019, at sites in Tampa and Tallahassee, Florida.

APPEARANCES

For Petitioner: Michaelle A. Str eeter, pro se

9804 North Oklawaha Av enue

Tampa, Florida 33417 - 4534

For Respondent: Deanne Cherisse Fields, Esquire

Department of Children and Families

9393 North Florida Avenue, Room 902

Tampa, Florida 33612 - 7907

STATEMENT OF THE ISSUE

The issue is whether Petitioner's application for a child

caring agency license should be denied for the reasons stated in

the Department of Children and Families' (Department) letter

dated September 25, 2018.

PRELIMIN ARY STATEMENT

On September 25, 2018, the Department informed Petitioner by

letter that its application for a child caring agency license was

denied. Petitioner timely requested a hearing to contest this

action and the matter was referred to the Division o f

Administrative Hearings to conduct a formal hearing.

At the hearing, Petitioner was represented by its owner,

Michaelle Streeter, who testified on its behalf. Petitioner's

Exhibits A through C were accepted in evidence. The Department

presented the tes timony o f five witnesses. Department Exhibits 1

through 16 were accepted in evidence.

A transcript of the hearing was not prepared. Proposed

findings of fact and conclusions of law were filed by the

parties, and they have been considered in the prepara tion of this

Recommended Order.

FINDING S OF FACT

1. The Department is the state agency responsible for

regulating the licensing of child caring agencies. A child

caring agency is defined in section 409.175(2), Florida Statutes

(2018), as an agency that "provides staffed 24 - hour care for

children in facilities maintained for that purpose, regardless of

whether operated for profit or whether a fee is charged."

Regulations governing this type of facility are found in Florida

Administrative Code Chapter 65 C - 14.

2. A child caring agency, also known as a foster care group

home, serves extremely vulnerable children who have been removed

from their parents' home for various reasons, such as physical

abuse or substance abuse by the parent. Because the children are

extremely traumatized, the operator of a facility must have a

high degree of skill, training, and experience. For this reason,

the Department reviews applications for a child caring agency in

a careful and deliberative manner.

3. The proposed child care agency will be owned and

operated by Michaelle Streeter. She is a licensed registered

nurse who works as a travel nurse throughout the United States. 1/

If the application is approved, she will no longer accept travel

nurse assignments. From 2013 un til 2017 , she was licensed by the

Agency for Persons with Disabilities (APD) to operate a group

home in Lakeland, Florida.

4. In May 2017, Ms. Streeter filed an application with the

Department seeking licensure to operate a child caring facility.

After a lengthy review of the application, which included

numerous discussions with Ms. Streeter, the Department denied the

application on December 11, 2017, because she was unable to meet

the financial requirements outlined in rule 65C - 14.006(10).

Resp't Ex. 5. Petitioner did not challenge that denial.

5. After denying the application, the Department informally

recommended to Ms. Streeter that she consider becoming a foster

parent. However, Ms. Streeter opted to pursue her application

for a child caring fa cility. On an undisclosed date in 2018, she

filed a second application. On September 25, 2018, the

Department again denied the application, this time for the

following reasons:

Compliance concerns noted while being

licensed as a provider with a differe nt

licensing entity around the time frame of

June 2016. [§] 409.175, Fla. Stat.;

Concerns around the ability to show and

maintain financial stability of an owned or

rented property after a notice of foreclosure

was filed in 2017. During the licensing

p rocess there were several concerns on the

money that was being reported as viable

income to meet the FAC financial requirements

for license. (Florida Administrative Code

65C - 14.006);

[Y]ou were granted an exemption on a previous

criminal charge which al lowed you to continue

but did not guarantee becoming a licensed

provider. After reviewing the circumstances

of this criminal charge, the Department is

not comfortable moving forward with issuing

you a child caring agency license.

Resp't Ex. 16. Petition er requested a hearing to contest the

Department's decision.

6. The Department's letter stated that the denial was not

based solely on the concerns stated above. However, the letter

was never amended, and, prior to the hearing, Petitioner was not

given notice of any additional concerns. Therefore, only the

reasons cited in the letter have been considered. 2/

A . Compliance Concerns While Operating Another License

7. Citing section 409.145, the Department asserts it has

"[c]ompliance concerns" based upo n the operation of an APD

facility by Ms. Streeter "around the time frame of June 2016."

Section 409.145 generally requires that children in foster care

be provided "quality parenting." The essence of the charge is

that Ms. Streeter failed to meet standa rds for operating a less -

restrictive APD facility that had only two clients, and along

with the other concerns cited in the letter, collectively , they

support a determination that she is not qualified for licensure.

8. As noted earlier, Ms. Streeter opera ted an APD group

facility from 2013 until 2017. According to Ms. Streeter, the

facility closed in 2017 when the "partnership ended" and her

partner removed all clients from the home.

9. Because APD facilities receive Medicaid funds, they are

reviewed p eriodically by Qlarant, formerly known as the Delmarva

Foundation (Delmarva), a state contractor, to determine if the

facility is complying with APD standards. The results of the

review are found in a Provider Discovery Review (PDR) Report,

which assigns a score to each provider. The record is silent,

however, as to what score is necessary in order to have a

satisfactory review.

10. Delmarva's review findings for the period June 1, 2015 ,

through May 31, 2016 , are found in Respondent's Exhibit 1. The

PDR Report indicates that overall, the facility received a score

of 65.1 percent and a compliance score of 75.4 percent.

11. The PDR Report contains multiple health and safety

concerns , such as improperly stored medication, lack of required

oversight by a behavioral analyst, and billing discrepancies of

$12,986.26, which represents a significant portion of total

reimbursed funds of $46,597.39. Also, Ms. Streeter engaged in

physical "takedowns" of clients without approval of a medical

doctor, proof that she was trained to conduct takedowns, or

documentation of when and why these takedowns occurred.

Improperly used takedowns present a risk of physical injury to

the client.

12. Ms. Streeter disputed the findings in the PDR Report

and requested reconsiderat ion of the billing discrepancies.

After Delmarva considered her objections, reconsideration was

denied and all findings remain as originally reported.

13. The criticisms noted in Delmarva's PDR Report are

legitimate concerns and should be considered in the licensing

process.

B . Financial Concerns

14. A second concern by the Department centers around the

applicant's "ability to show and maintain financial stability of

an owned or rented property after a notice of foreclosure was

filed in 2017. During the licensing process there were several

concerns on the money that was being reported as viable income to

meet the FAC financial requirements for licensure." According to

the Department's regional licensing manager, this concern is a

very important piece of the Department's decision to deny the

application.

15. An applicant for licensure must demonstrate

"[s]atisfactory evidence of financial ability to care for

children in compliance with licensing requirements."

§ 409.175(5)(b)8., Fla. Stat. Also, rule 65C - 14.006(10) requires

an applicant to "provide written documentation that it has

sufficient funds to meet all requirements for licensure.

Facilities beginning operation shall provide evidence of

sufficient funding for operation of the progr am for at least

six (6) months."

16. To satisfy the foregoing requirement, the Department

requires an applicant to estimate the facility's first year

operating expenses and to have on - hand cash or a line of credit

that equals one - half of estimated ann ual operating expenses.

17. Ms. Streeter estimated her first year operating

expenses to be $292,200.00. Resp't Ex. 3. This meant she needed

around $146,000.00 in cash or a line of credit to meet the

Department's requirement. A bank statement was not provided, but

Ms. Streeter submitted a letter from a lending institution

stating that her application for a cash - out refinance (second

mortgage) on her residence had been approved in the amount of

$160,000.00. Resp't Ex. 4. However, the Department does n ot

consider a second mortgage to be a source of capital.

18. Besides a lack of an adequate source of capital to

operate the facility, Ms. Streeter filed a Suggestion of

Bankruptcy in June 2017 under chapter 13 of the United States

Bankruptcy Code. Resp 't Ex. 7. On December 1, 2017, the

Bankruptcy Court issued an Order Granting [the Trustee's] Motion

to Dismiss Chapter 13 Case on the ground Ms. Streeter failed to

comply with the Trustee's Order. Resp't Ex. 8.

19. At hearing, Ms. Streeter provided ea rnings statements

for 2017 and 2018 related to her employment as a travel nurse.

Although she was well paid for her services, the preponderance of

the evidence shows that Petitioner has failed to satisfy the

financial stability requirement.

C . Prior Cri minal Charges

20. The denial letter states that after "reviewing the

circumstances of [a previous] criminal charge, the Department is

not comfortable moving forward with issuing [Petitioner] a child

caring agency license." The specific criminal charge i s not

identified in the denial letter.

21. Testimony by a Department licensing official indicates

that the Department is concerned with "a domestic violence

history" on the part of Ms. Streeter. On August 21, 2000, she

pled nolo contendere to a charge of battery (domestic violence),

a first degree misdemeanor at that time. Resp't Ex. 14.

Adjudication was withheld by the c ourt, and she was placed on

12 months' probation, which she successfully completed in

August 2001. The details of the incident are unknown. There is

no other evidence of "a domestic violence history."

22. The record also contains evidence of several criminal

charges in the State of Massachusetts , which occurred in the

early 1980s, or almost 40 years ago, when Ms. Streeter was in her

20s. Resp't Ex. 13. These incidents are so dated that they

should not play a role in the Department's decision.

23. In November 2012, Ms. Streeter's name was submitted

"for recognition of an honorable deed performed in the

community's interest and for [her] assistance to the Hillsborough

County Sheriff's Office." Pet'r Ex. C.

24. On September 14, 2007, the Department of Health granted

Ms. Streeter an exemption from disqualification for employment as

a registered nurse.

25. On January 19, 2011, th e Florida Board of Nursing

granted Ms. Streeter an exemption from disqualification to serve

as a registered nurse.

26. On January 30, 2012, APD granted Ms. Streeter an

exemption from disqualification for employment/licensing in a

caretaker position workin g with children or vulnerable adults.

27. On February 5, 2018, the Department granted

Ms. Streeter an exemption from disqualification for employment/

licensing in a caretaker position working with children or

vulnerable adults.

28. Although APD granted Ms. Streeter an exemption from

disqualification to operate a facility licensed by that agency,

the Department does not consider that exemption to be binding on

its determination here. The Department did not explain or

otherwise address the exempti on that it granted her in

February 2018.

CONCLUSIONS OF LAW

29. Section 409.175(9) provides that the Department may

deny an application for licensure as a child caring agency for a

"violation of the provisions of this section or of licensing

rules prom ulgated pursuant to this section."

30. In an initial license application case, the Department

has the burden of proving the licensee's lack of fitness to hold

a license by a preponderance of the evidence. If it does,

Petitioner must prove by a preponde rance of the evidence that its

application should be approved, notwithstanding any violations

that are proven. Fla. Dep't of Child. & Fam s . v. Davis Fam. Day

Care Home , 160 So. 3d 854, 857 (Fla. 2015)(Canady, J.,

dissenting).

31. Rule 65C - 14.006(10) requ ires that a child caring agency

"shall provide written documentation that it has sufficient funds

to meet all requirements for licensure. Facilities beginning

operation shall provide evidence of sufficient funding for

operation of the program for at least six (6) months." See also

§ 409.175(5)(b)8., Fla. Stat.

32. By a preponderance of the evidence, the Department has

established that Ms. Streeter has not provided written

documentation demonstrating that she has sufficient funds to meet

all requirements for licensure.

33. Section 409.175(5)(b)3. requires in part that a child

caring agency meet standards that provide for the "physical

comfort, care, and well - being of the children served."

34. By a preponderance of the evidence, the Department has

estab lished that while operating an APD group home, the health

and safety of Ms. Streeter's clients were placed in jeopardy.

Therefore, the Delmarva criticisms should be considered in

determining whether to grant licensure.

35. Finally, Ms. Streeter's history of domestic violence

consists of only one misdemeanor in 2000, while her criminal

history in Massachusetts dates back to the early 1980s. The fact

that four agencies, including the Department, have granted her an

exemption from disqualification from empl oyment supports a

conclusion that "the circumstances of [her] criminal charge"

should play no role in the licensing process.

36. Ms. Streeter should be commended for her efforts in

reforming her life and moving on in a law - abiding manner. Her

work as a travel nurse is impressive. Nonetheless, for the

reasons previously given, the undersigned concludes that the

evidence does not support a conclusion that she currently meets

all requirements for licensure. Accordingly, her application

should be denied.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusion s of

Law, it is

RECOMMENDED that the Department of Children and Families

enter a final order denying Petitioner's application for a child

caring agency license.

DONE AND ENTERED th is 24th day of January , 2019 , in

Tallahassee, Leon County, Florida.

S

D. R. ALEXANDER

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 306 0

(850) 488 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 24th day of January , 2019 .

ENDNOTE S

1/ A travel nurse accepts assignments throughout the United States

to fill in for other nurses who are on leave or absent for any

purpose. In all, Petitioner has worked in more than 20 states.

2/ At hearing, the Department presented the testimony of a Tampa

Police Department detective. However, the subject of his

testimony is not mentioned in the denial letter, Ms. Streeter was

not given prior notice regarding the issue raised in his

testimony, and no charges were filed against her . The

detective's testimony has not been considered in the disposition

of the application.

COPIES F URNISHED:

Lacey Kantor, Agency Clerk

Department of Children and Families

Building 2, Room 204Z

1317 Winewood Boulevard

Tallahassee, Florida 32399 - 0700

(eServed)

Michaelle A. Streeter

9804 North Oklawaha Avenue

Tampa, Florida 33417 - 4534

Deanne Cheriss e Fields, Esquire

Department of Children and Families

9393 North Florida Avenue, Room 902

Tampa, Florida 33612 - 7907

(eServed)

Chad Poppell, Secretary

Department of Children and Families

Building 1, Room 202

1317 Winewood Boulevard

Tallahassee, Florida 3 2399 - 0700

John Jackson, General Counsel

Department of Children and Families

Building 2, Room 204F

1317 Winewood Boulevard

Tallahassee, Florida 32399 - 0700

(eServed)

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written excep tions 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.