AMBER RUSSELL v. DEPARTMENT OF CHILDREN AND FAMILES
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA AMBER RUSSELL, Appellant, v. CASE NO. 1D04-4398 DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Appellee. ____________________________/ Opinion filed August 23, 2005. An appeal from an order from the Department of Children and Families. Mary Clark, Carol Gregg and Paolo Annino of the Children s Advocacy Center, Florida State University College of Law, Tallahassee, Attorneys for Appellant. Katie George, District Legal Counsel, and Eric D. Schurger, Assistant District Legal Counsel, Department of Children & Families, Pensacola, Attorneys for Appellee. ON MOTION FOR CLARIFICATION 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. -2-
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