AMBER RUSSELL, APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILY SERVICES, APPELLEE
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The court held that the Department of Children and Families' order denying crisis status was insufficient because it failed to address specific criteria required by the Handbook.
Appellant challenged an order from the Department of Children and Families (DCF) that denied her crisis status for services. The order did not suffici…
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PER CURIAM.
Appellant seeks clarification of this court’s opinion filed June 28, 2005. We grant Appellant’s motion, withdraw our former opinion of June 28, 2005, and substitute the following opinion in its place.
Appellant, Amber Russell, challenges a final order of the Department of Children and Families (“DCF”) affirming DCF’s decision to deny Appellant crisis status on the waiting list for services through the Developmental Services/Home and Community Based Waiver Program. We reverse and remand to allow DCF an opportunity to issue a corrected order specifically addressing each of the criteria in the Developmental Services Waiver Services Florida Medicaid Coverage and Limitations Handbook (“Handbook”). The appealed order fails to set forth in sufficient detail the Handbook’s required criteria for second priority status.
In the absence of the hearing officer’s detailed evaluation of the criteria required by the Handbook, we are unable to provide adequate appellate review of DCF’s decision. Cf. Carosharo v. Dep’t of Health and Rehab Servs., 598 So. 2d 302 (Fla. 1st DCA 1992); Manning v. Dep’t of Health and Rehab Servs., 704 So. 2d 127 (Fla. 1st DCA 1997). Accordingly, we reverse the order on appeal and remand this cause to DCF to issue a corrected order. REVERSED and REMANDED.
ERVIN, PADOVANO and THOMAS, JJ., concur.
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Citator
Cited By
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Russell v. Agency for Persons with Disabilities, 929 So. 2d 601 (Fla. 1st DCA 2006)…r affirmed the denial' of crisis status. On appeal, this court reversed and remanded the proceeding to DCF to issue a corrected order addressing the criteria for second priority status in the Handbook. Russell v. Dep’t of Children and Family Servs., 910 So. 2d 881 (Fla. 1st DCA 2005) (Russell I). In the meantime, the Agency was created, supra note 1, and took responsibility for the developmental services waiver. The Agency was substituted for DCF and is now the appellee.2 On remand, the hearing officer accep…
Authorities Cited
- Carosharo v. Dep't of Health & Rehabilitative Servs., 598 So. 2d 302 (Fla. 1st DCA 1992)
- Bloodworth v. State, 704 So. 2d 127 (Fla. 1st DCA 1997)