A.G.Q. ex rel. M.Q. v. Agency for Persons with Disabilities
— So.3d —-, 2013 WL 466264
Fla.App. 1 Dist.,2013.
Though this case is nominally about the relationship between APD and DCF, its holding appears to be limited to the standard of review between recommended orders and final orders in administrative hearings.
The facts are interesting, however: an administrative hearing officer finds that a foster child is in need of crisis services and APD attempts to remand the case not once but twice to force the hearing officer to reconsider. Illegally, says the First DCA. Once the hearing officer, who is the fact finder in administrative proceedings, found that the services DCF provided were insufficient for the child’s needs, the matter was settled absent some error. Congrats to a determined hearing officer. Not cool, APD.