AMBER RUSSELL v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA AMBER RUSSELL, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF, IF FILED. CASE NO. 1D04-4398 DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Appellee. ____________________________/ Opinion filed June 28, 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. PER CURIAM. 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 for further proceedings. The appealed order fails to set forth in sufficient detail the criteria required for second priority status by the Developmental Services Waiver Services Florida Medicaid Coverage and Limitations Handbook ( Handbook ). 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 for further proceedings to specifically address each of the criteria required by the Handbook. REVERSED and REMANDED. ERVIN, PADOVANO and THOMAS, JJ., CONCUR. -2-
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