98-005590 Clara Bingham vs. Department Of Children And Family Services Status: Closed Recommended Order on Thursday, May 20, 1999.

Summary: Foster home license should not be renewed because licensee failed to maintain minimum qualifications.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CLARA BINGHAM, )

)

Petitioner, )

)

vs. ) Case No. 98-5590

)

DEPARTMENT OF CHILDREN AND )

FAMILY SERVICES, )

)

Respondent. )

__________________________________)

RECOMMENDED ORDER

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

on April 1, 1999, at Miami, Florida, before Claude B. Arrington,

a duly-designated Administrative Law Judge of the Division of

Administrative Hearings.

APPEARANCES

For Petitioner: Clara Bingham, pro se

40 Northeast 207th Street

Miami, Florida 33179

For Respondent: Rosemarie Rinaldi, Esquire

Department of Children and Family Services

401 Northwest Second Avenue, Suite N-1014

Miami, Florida 33128

STATEMENT OF THE ISSUE

Whether Respondent has grounds to deny the renewal of

Petitioner's foster home license.

PRELIMINARY STATEMENT

By letter dated October 30, 1998, the Respondent, Department

of Children and Family Services (Department), advised Petitioner

that her foster home license would not be renewed on the

following grounds:

1. Your family composition changed in the

year since you and your husband, Marvin

Bingham, were licensed. You separated from

your husband and a permanent injunction for

protection against domestic violence was

issued by the court. Despite the injunction,

you continued to initiate contact with Mr.

Bingham.

2. The level of care provided for the

children in your home has diminished since

you separated from your husband. You asked

to have Mr. Bingham's name removed from your

foster home license when he moved out,

nonetheless, you subsequently transported

your 17 year old foster daughter to

Mr. Bingham's new home and left her there.

Additionally, you stopped giving prescribed

medication to the other dependent children in

your home, failed to participate in the

children's therapy, failed to keep important

appointments regarding the children, and

caused one child to miss her tutoring

sessions. You changed your phone number

without informing the Department and did not

provide the children's caseworker access to

your home in order for her to see them once a

month as required.

Petitioner timely challenged the Department's decision not

to renew her foster license, the matter was referred to the

Division of Administrative Hearings, and this proceeding

followed.

At the formal hearing, the parties agreed that the

Respondent should present its case first. Respondent called the

following witnesses: Shana Donovan, Helen Cuadra, Agnetta

Delancy, Georgie Lapanne, Marvin Bingham, Clara Bingham, and Ray

Gonzalez. At times pertinent to this proceeding, Ms. Donovan was

in the foster care of the Petitioner. Ms. Cuadra, Ms. Delancy,

Ms. Lapanne, and Mr. Gonzalez are employees of the Department.

Mr. Bingham is the estranged husband of the Petitioner.

Ms. Bingham is the Petitioner. Respondent presented sixteen

exhibits, each of which was admitted into evidence. Petitioner

testified on her own behalf, but she presented no other witnesses

and no exhibits.

A transcript of the proceedings has been filed. The

Respondent filed a Proposed Recommended Order, which has been

duly-considered by the undersigned in the preparation of this

Recommended Order. Petitioner did not file a post-hearing

submittal.

FINDINGS OF FACT

1. Petitioner was first licensed as a foster parent in Dade

County, Florida, in 1993. Her foster parent license was renewed

each year until she was notified on October 30, 1998, that her

license would not be renewed. Petitioner had received the

requisite training as a foster parent and she knew, or should

have known, her responsibilities and the minimum qualifications

for licensure.

2. At all times pertinent to this proceeding, Petitioner

has been married to Marvin Bingham.

3. Petitioner and Mr. Bingham separated in late 1994, and

were not reunited until December 1995.

4. In December 1996, Shana Donovan, a teenage girl, 1/

was placed in the foster care of the Petitioner.

5. On April 30, 1997, four young siblings were placed in

Petitioner's foster care after Petitioner applied to adopt the

children. The Department recommended that the adoption be

postponed until after January 1, 1998, because of changes in the

Florida college tuition program.

6. Petitioner required Shana Donovan to leave her sixth

period academic class early so Shana could baby-sit the four

young siblings. Petitioner failed to comply with the teacher's

request for a conference to discuss Shana's absences from class.

Shana failed her sixth period class. Petitioner expected Shana

to do most of the housework or to supervise the younger children

while they did housework.

7. One of the younger children was scheduled for tutoring

sessions. These sessions were scheduled for Saturdays to

accommodate Petitioner. Petitioner repeatedly failed to

transport the child to the tutoring sessions. As a consequence,

the tutoring sessions were cancelled.

8. Petitioner failed to ensure that the younger children

took medication that had been prescribed to improve their

behavior at school. The children's behavior became a problem in

school because they did not consistently take their medicine.

9. Petitioner failed to attend a scheduled family services

planning team meeting at which plans for the four siblings were

to be developed. Petitioner had been specifically requested to

attend this meeting.

10. Petitioner failed to attend a citizen review panel of

the juvenile court. The four siblings were removed from

Petitioner's home after the citizen review panel recommended that

action.

11. Petitioner and Mr. Bingham continued to experience

marital difficulties. They engaged in heated arguments in front

of the foster children in their care, which resulted in law

enforcement officers being called to the house.

12. Helen Cuadra, an adoption specialist employed by

Respondent, referred Petitioner and her husband to a marriage

counselor.

13. In the Spring of 1998, Petitioner and Mr. Bingham

separated. In March of 1998, Petitioner obtained an injunction

for protection against domestic violence against Mr. Bingham.

This injunction, commonly referred to as a restraining order, was

entered by a circuit judge in the domestic violence division.

14. After they separated in the Spring of 1998, Petitioner

changed her home telephone number without notifying the

Department. Petitioner was uncooperative when Department

caseworkers attempted to schedule inspections of the home.

15. On April 3, 1988, Petitioner had Mr. Bingham's name

removed from her foster home license.

16. In June 1998, Petitioner ordered Shana to leave her

house and, in the middle of the night, transported her, along

with her belongings, to the residence of Mr. Bingham. This

action was caused, in part, because of Shana's interest in

Petitioner's boyfriend. Shana was seventeen years old at this

time and still in Petitioner's foster care.

17. After Shana left her house, Petitioner began to harass

Shana by telephone and by mail. Shana's caseworker aptly

described Petitioner's behavior as stalking.

18. In August 1998, Petitioner was arrested for aggravated

assault against Mr. Bingham after she rammed his truck following

a high-speed chase. Those charges were pending at the time of

the formal hearing.

19. Petitioner suffered financially after she and

Mr. Bingham separated. Petitioner was in bankruptcy at the time

of the formal hearing.

CONCLUSIONS OF LAW

20. The Division of Administrative Hearings has

jurisdiction of the parties to and the subject of this

proceeding. Section 120.57(1), Florida Statutes.

21. Section 409.175, Florida Statutes, provides for the

licensure of foster homes. The legislative intent is stated in

Section 409.175(1)(a), as follows:

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

protect the health, safety, 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 procedures to

determine adherence to these requirements.

22. Respondent is the agency of the State of Florida

charged with the responsibility of licensing foster homes,

setting the minimum qualifications for licensure, and providing

procedures to determine adherence to those minimum

qualifications.

23. Section 409.175(2)(f), Florida Statutes, provides the

following definition of the term "license":

(f) "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.

24. Pursuant to its rule-making authority, Respondent has

enacted Chapter 65C-13, Florida Administrative Code, which

provides minimum standards for the licensure and re-licensure of

family foster homes. Those standards and the expected duties and

responsibilities of a foster parent are clearly and explicitly

set forth in the training given foster parents. The evidence in

this proceeding established without doubt that Petitioner does

not meet the minimum qualifications to serve as a foster parent.

Specifically, Petitioner violated Respondent's policies against

domestic violence in the house; she placed Shana in the custody

of a non-licensed person; she forced Shana to leave school early;

she failed to transport the children to therapy and tutoring

sessions; she failed to ensure that the children took prescribed

medication; she failed to attend meetings pertaining to the

children; she changed her telephone number without notifying the

Department; and she failed to maintain financial responsibility.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is RECOMMENDED that Respondent enter a final order

denying the renewal of Petitioner's foster care license.

DONE AND ENTERED this 20th day of May, 1999, in Tallahassee,

Leon County, Florida.

___________________________________

CLAUDE B. ARRINGTON

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Pa rkway

Tallahassee, Florida 32399-3060

[phone] SUNCOM 278-9675

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 20th day of May, 1999.

ENDNOTE

1/ The date of birth for Ms. Donovan was not given. She

testified that she was eighteen at the time of the formal

hearing.

COPIES FURNISHED:

Rosemarie Rinaldi, Esquire

Department of Children and Family Services

401 Northwest Second Avenue

Suite N-1014

Miami, Florida 33128

Clara Bingham

40 Northeast 207th Street

Miami, Florida 33179

Gregory D. Venz, Agency Clerk

Department of Children and Family Services

Building 2, Room 204

1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

John S. Slye, 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 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.