97-004254 Betty Stewart vs. Department Of Children And Family Services Status: Closed Recommended Order on Friday, March 13, 1998.

Summary: Failure to require child to attend counseling sessions or obtain dental treatment demonstrate Petitioner unable to perform as foster parent. Additional basis for denial was Petitioner's lack of stable home.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BETTY STEWART, )

)

Petitioner, )

)

vs. ) Case No. 97-4254

)

DEPARTMENT OF CHILDREN AND )

FAMILY SERVICES, )

)

Respondent. )

__________________________________)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held in this case

by video teleconference on February 12, 1998, with the parties

appearing from West Palm Beach, Florida, before J. D. Parrish, a

designated Administrative Law Judge of the Division of

Administrative Hearings.

APPEARANCES

For Petitioner: Betty Stewart

812 Foresteria Drive

Lake Park, Florida 33402

For Respondent: Colleen Farnsworth

Assistant District Legal Counsel

111 South Sapodilla Avenue

Suite 201

West Palm Beach, Florida 33401

STATEMENT OF THE ISSUE

Whether the Petitioner is entitled to renewal of a foster

care license.

PRELIMINARY STATEMENT

This case began on August 18, 1997, when the Department of

Children and Family Services (Department) issued a letter

informing Petitioner that a license to provide foster care would

not be renewed. The basis for the denial included: substandard

housekeeping standards; lack of stability in housing; inadequate

medical care for a child in the home; and concerns that

Petitioner's son was dealing illegal drugs. Thereafter,

Petitioner timely requested an administrative hearing to contest

the denial. The matter was then forwarded to the Division of

Administrative Hearings for formal proceedings on September 11,

1997.

At the hearing, Petitioner's brother, Isaiah Stewart, was

granted leave to assist Petitioner in the presentation of the

case. Petitioner testified on her own behalf and offered the

testimony of Isaiah Stewart. The Department presented the

testimony of Daniella Arnold, a family services counselor;

Alfredo Etienne, Petitioner's former foster care resident; Laura

Williams, a foster parent liaison employed by the Department;

Holly Plank, a family services counselor; Holly Dandy, a

protective services counselor; Mary Bosco, the Department's

operations and management consultant II; and Rebecca Ann Walker,

the program operations administrator for the Department. The

Department's Exhibits numbered 1, 2, 3, and 5 have been admitted

in to evidence. The Department requested, and official

recognition has been taken, of Section 409.175, Florida Statutes,

as well as Rules 65C-13.010, and 65C-13.011, Florida

Administrative Code.

A transcript of the proceeding has not been filed. The

parties were granted ten days from the hearing to file proposed

recommended orders. The proposed order filed by the Department

has been considered in the preparation of this order. The

Petitioner has not timely filed a proposed order.

FINDINGS OF FACT

1. Petitioner, Betty Stewart, was licensed by the

Department to operate a foster care home on August 5, 1991.

Thereafter, until the instant matter arose, Petitioner received a

renewal of this license.

2. On August 18, 1997, the Department notified Petitioner

that her license would not be renewed. The decision was based

upon Petitioner's alleged failure to meet the minimum standards

for foster parenting. More specifically, the denial alleged

concerns with Petitioner which included:

Standard housekeeping standards. Counselors

have reported that your home was not kept

clean. They noted a stale odor, and observed

clothes piled up and roach infestations.

Lack of stability in housing. The licensing

record indicates that you have had at least

five different residences since you were

licensed in 1991. Constant moving does not

provide stability for the children placed

with you.

Inadequate medical care for a child in our

home. The counselor for a child who had been

in your home indicated that you failed to get

timely dental care for a child in your home

that resulted in the child needing to have a

tooth extracted. Additionally it was

reported that you did not follow-up with

getting a dermatologist's prescription filled

for this same child.

Concerns that your son was dealing in illegal

drugs. While your son did not live with you,

he was in and out of your home and having

contact with the foster children in your

home, which in fact could have a potentially

negative impact on them. You did admit to

Laura Williams, the foster parent liaison,

that you were aware that he was dealing

drugs.

3. During the time of Petitioner's licensure, she was

licensed at five different locations. That is, she moved from

one property to another and relicensed the new location, five

times in six years.

4. Additionally, during the time of licensure, Petitioner

received a "provisional license" on four occasions. A

provisional license is issued when the applicant must take

additional measures to comply with all licensure requirements.

On four occasions the Department worked with the Petitioner so

that she would obtain licensure.

5. For each license, Petitioner executed an agreement to

provide substitute care for dependent children as prescribed by

the Department. This agreement required Petitioner to comply

with all rules implemented for foster care homes and specifically

required Petitioner to report any illness of a child to the

Department.

6. In one instance, the Petitioner failed to seek immediate

dental care for a child placed in her home. The dental problem

was made known to the Department when the child was caught

shoplifting Oragel, an over-the-counter product used to relieve

toothache.

7. Petitioner also did not compel a child to attend

counseling sessions with a licensed therapist. Petitioner was

responsible for assuring that the child be given transportation

to and from such sessions.

8. Although limited to two children by license restriction,

Petitioner typically had more than two children placed in her

home.

9. Given the shortage for foster care homes, the Department

routinely waived the limit and placed additional children with

Petitioner even though she was ill-equipped to deal with the

extra children.

10. The Petitioner's son, who is now deceased, did not

reside with Petitioner during the final licensure period.

Although he resided in the community near her home, there is no

evidence to support a finding that he was dealing drugs from the

licensed premises.

CONCLUSIONS OF LAW

11. The Division of Administrative Hearings has

jurisdiction over the parties to, and the subject matter of,

these proceedings.

12. Section 409.175(2)(f), Florida Statutes, provides:

"License" 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.

13. Subsection (4) of Section 409.175, Florida Statutes,

authorizes the Department to adopt rules for foster care homes.

Such rules have been promulgated and are found in Rule

65C-13.010, Florida Administrative Code.

14. Rule 65C-13.010, Florida Administrative Code, provides,

in pertinent part:

(1) Substitute Care Parents' Role as a Team

Member.

(b) Family Care Activities

1. Daily living tasks.

a. The substitute care parents are

expected to provide structure and daily

activities designed to promote the individual

physical, social, intellectual, spiritual,

and emotional development of the children in

their home.

6. Health Care . . .

b. The substitute care parents are

expected to transport children for medical,

dental or other appointments which may be

needed.

c. The substitute care parents must inform

the counselor of medical and dental treatment

of children, and keep clear records of these

treatments.

15. In this case, the Department has established that the

Petitioner has not met the minimum requirements for licensure as

a foster care parent. Moreover, Petitioner has not demonstrated

that she does meet the requirements. Petitioner's history of

moves demonstrates a lack of structure and stability which foster

care children must have. Moreover, Petitioner failed to provide

care to a child requiring dental treatment, failed to notify the

Department of the health problem, and failed to insist that the

child attend counseling.

16. Foster care children require structure and consistent

interaction between the foster care licensee and the child. In

this regard, Petitioner let a minor child "go and come" as he

pleased. The child did not attend counseling sessions or school

on many occasions. Petitioner had the responsibility of

parenting the child. Petitioner was charged with the duty of

assisting the child with dental care, therapy transportation, or

whatever service might be needed to meet his needs. She failed

to do so.

17. While the agency contributed to Petitioner's failures

by placing too many children in her home, it is evident

Petitioner did not meet the minimum standards for licensure at

the time of the renewal request regardless of the number of

children assigned to her home. Future licensure may be available

to Petitioner provided she is able to establish stability in her

residence and additional training in the requirements for

licensure.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is RECOMMENDED that the Department enter a Final Order

denying Petitioner's request for license renewal as a foster care

home.

DONE AND ENTERED this 13th day of March, 1998, in

Tallahassee, Leon County, Florida.

___________________________________

J. D. Parrish

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone] SUNCOM 278-9675

Fax Filing [phone]

Filed with the Clerk of the

Division of Administrative Hearings

this 13th day of March, 1998.

COPIES FURNISHED:

Gregory D. Venz, Agency Clerk

Department of Children and

Family Services

Building 2, Room 204

1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

Richard A. Doran, General Counsel

Department of Children and

Family Services

Building 2, Room 204

1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

Colleen Farmsworth

Assistant District Legal Counsel

Department of Children and

Family Services

111 South Sapodilla Avenue

Suite 201

West Palm Beach, Florida 33401

Betty Stewart, pro se

812 Foresteria Drive

Lake Park, Florida 33403

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.