STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF CHILDREN AND )

FAMILY SERVICES, )

)

Petitioner, )

)

vs. ) Case No. 97-5835

) KATHY STONE, d/b/a STONE FAMILY ) DAY CARE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held by telephone conference call in this case on May 14, 1998, with the parties to appear at Stuart, Florida, before J. D. Parrish, a designated Administrative Law Judge of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: Sydney L. Schwartz, Esquire

Department of Children and Family Services 1436-C Old Dixie Highway

Vero Beach, Florida 32960 For Respondent: No appearance.

STATEMENT OF THE ISSUES

Whether Respondent's registration to operate a family day care home should be revoked.

PRELIMINARY STATEMENT

This case began on November 25, 1997, when the Department of Children and Families (Department) issued a letter notifying

Respondent that her registration to operate a family day care home was being revoked. The Department also issued an Administrative Complaint on the same date which alleged, in part, that the Respondent had violated the standards for operating a family day care home, had failed to disclose information regarding a resident at the registered location, and had failed to assist the Department with regard to screening for persons residing at the registered location. By letter dated December 2, 1997, the Respondent denied the allegations of this case and requested an administrative hearing. The matter was forwarded to the Division of Administrative Hearings for formal proceedings on December 10, 1997.

At the hearing, Petitioner presented testimony from George Jerman, the supervisor of licensing for the Department. The Department's Exhibits numbered 3 through 10 were admitted into evidence. The Respondent did not present evidence. A transcript of the proceeding has not been filed. Neither party filed a Proposed Recommended Order.

FINDINGS OF FACT

1. At all times material to the allegations of this case, Respondent, Kathy Stone, d/b/a Stone Family Day Care, was registered by the Department to operate a day care facility in her home located at 272 Southwest Fairchild Avenue, Port St. Lucie, Florida.

2. As part of the registration for such day care home,

   Respondent was required to complete forms on which Respondent was to identify all members of the household residing at the registered location.

3. Specifically, Respondent was to disclose any person over twelve years of age residing at the home.

4. None of the registration forms completed by Respondent disclosed that an individual named Kevin Schaffer resided at the registered home.

5. On more than one occasion law enforcement authorities were called to Respondent's residence in order to intervene in domestic disputes between Respondent and an individual named Kevin Schaffer. On all such occasions, Mr. Schaffer listed his residence as that of the Respondent's day care home.

6. Mr. Schaffer is a convicted felon.

   
   

7. Respondent failed to disclose that Mr. Schaffer was a resident over the age of twelve years residing at the registered day care facility.

   CONCLUSIONS OF LAW

   
   

8. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.

9. Section 402.313, Florida Statutes, provides, in pertinent part:

   1. If not subject to license, family day care homes shall register annually with the department, providing the following information:

      1. The name and address of the home,

      2. The name of the operator,

      3. The number of children served,

      
      

      * * *

      5. Proof of screening and background checks.

      
      

      * * *

      
      

      (3) Child care personnel in family day care homes shall be subject to the applicable screening provisions contained in ss. 402.305(2) and 402.3055. For purposes of screening in family day care homes, the term includes any member over the age of 12 years of a family day care home operator's family, or persons over the age of 12 years residing with the operator in the family day care home. Members of the operator's family, or persons residing with the operator, who are between the ages of 12 years and 18 years shall not be required to be fingerprinted, but shall be screened for delinquency records.

10. The Petitioner bears the burden of proof in this case to establish that Respondent failed to maintain the standards for registration as a day care home. It has met that burden. In this case, Petitioner has established that Respondent failed to include Kevin Schaffer's name on the forms for registration. Accordingly, the Department was not able to properly complete a background search on Mr. Schaffer. Moreover, Respondent allowed Mr. Schaffer to remain in the home after she knew or should have known his presence there was contrary to Department regulations.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Children and Family Services enter a Final Order revoking Respondent's registration as a home day care facility.

DONE AND ENTERED this 29th day of May, 1998, in Tallahassee, Leon County, Florida.

J. D. Parrish Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847

Filed with the Clerk of the Division of Administrative Hearings this 29th day of May, 1998.

COPIES FURNISHED:

Gregory D. Venz, Agency Clerk Department of Children and

Family Services Building 2, Room 204

1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

Richard A. Doran, General Counsel Department of Children and

Family Services Building 2, Room 204

1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

Sydney L. Schwartz, Esquire Department of Children and

Family Services

1436-C Old Dixie Highway Vero Beach, Florida 32960

Katherine Stone, pro se

272 Southwest Fairchild Avenue Port St. Lucie, Florida 34984

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.

Docket for Case No: 97-005835

Orders for Case No: 97-005835