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DEPARTMENT OF CHILDREN AND FAMILIES vs MCGRIFF FAMILY DAY CARE HOME, 13-003185 (2013)

Court: Division of Administrative Hearings, Florida Number: 13-003185 Visitors: 66
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: MCGRIFF FAMILY DAY CARE HOME
Judges: JAMES H. PETERSON, III
Agency: Department of Children and Family Services
Locations: Fort Walton Beach, Florida
Filed: Aug. 21, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, October 4, 2013.

Latest Update: May 18, 2024
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Edora McGriff McGriff Family Day Care Home _—Certifled Mail Return Receipt apc DCF ID No. RO10K0102 “TLE D 57 Hemlock Drive NW oe Ft Walton Beach, FL 32548 JUL 2 5 AB a tt Cy ee ADMINISTRATIVE COMPLAINT fee YOU ARE HEREBY NOTIFIED the Department is revoking your family day care registration for 57 Hemlock Drive NW, Ft Walton Beach, FL 32548. The Department’s authority and grounds to impose this sanction are explained below. 1. Edora McGriff is currently registered under section 402.313, Florida Statutes, to operate a family day care home known as McGriff Family Day Care Home at 57 Hemlock Drive NW, Ft. Walton Beach, FL 32548. 2. The Department of Children and Families is authorized by section 402.310, Florida Statutes, to sanction the McGriff Family Day Care Home for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes. 3. The Department has determined that there are undisclosed, unscreened and disqualified person(s) living in the home. Monchel McGriff's home of record with her probation officer with the Department of Corrections is your home address. According to her probation officer, Monchel McGriff is on probation for aggravated stalking and battery charges; both charges are 3” degree felonies and disqualify her from residing in your home. Also, you told the licensing counselor on May 31, 2013, during the complaint investigation, that your adult granddaughter ReQuianna, and your son Brian Keith reside in the home. A check of the __ Department’s records indicates these individuals had not previously been reported to the Department as living in the home and have not completed the required background screening for household members. 4. While investigating the allegation of unscreened/disqualified persons in the family day care home, the Department, on May 31, 2013, found the number of children in care exceeded the maximum capacity permitted by law. There were seven children in care, while the legal maximum is six children. The Department found the same violation during a complaint investigation on Apri! 4, 2009, when the home had 11 children in care. if you wish to contest this administrative complaint or the sanction imposed, you may do so as provided in the notification of rights below. NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES IF YOU BELIEVE THE DEPARTMENT'S DECISION IS IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING TO CONTEST THE DECISION. YOUR REQUEST FOR AN ADMINISTRATIVE HEARING MUST BE IN WRITING AND MUST BE RECEIVED BY THE DEPARTMENT WITHIN 21 CALENDAR DAYS OF YOUR RECEIPT OF THIS NOTICE. FAILURE TO REQUEST AN ADMINISTRATIVE HEARING WITHIN THE 21 DAYS PROVIDED SHALL CONSTITUTE A WAIVER OF THE RIGHT TO A HEARING. You may submit your request for an administrative hearing to the Department at the following addresses: . Greg Venz Assistant General Counsel Department of Children and Families 1317 Winewood Bivd., Bldg. 2, Rm. 204-X . nu. 1 allahassee, FL 32399-0700. a aa Please note a request for an administrative hearing must comply with section 120.569(2) (c), Florida Statutes, and Rules 28-106.201(2), Florida Administrative Code. Those provisions require a petition for administrative hearing to include: The name and address of each agency affected and each gency’s file or identification number, if known; The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; 5) An explanation of how the petitioner's substantial interests will be affected by the agency determination; (af A statement of when and how the petitioner received notice of the agency decision, A statement of all disputed issues of material facts. If there are none, the petition must so indicate; A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency's proposed action, (g) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agency’s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (h) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect to the agency’s proposed action. Section 120.569, Florida Statutes, and rule 28-108.201(4), Florida Administrative Code, require a petition to be dismissed if it is not in substantial compliance with the requirements above. Mediation as described in section 120.573, Florida Statutes, is not available; however, the Department may be willing to discuss a stipulated resolution of this proceeding on such terms as agreed to by all parties. The right to an administrative proceeding is not affected when such discussion does not result in a settlement. CERTIFICATE OF VICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail return receipt to Endora McGriff, McGriff Family Day Care Home, 57 Hemlock __Drive NW. Ft Walton Beach, FL 32548, this 7th day-of June-2013.— cc: Gregory Venz, Assistant General Counsel Jeanne Martin, Regional Safety Program Manager Gail Mayo, Early Learning Coalition of Okaloosa and Walton Counties Section 39.201(6), Florida Statutes, authorizes the Department to consider this event in evaluating your continued fitness to operate a family day care home.

Docket for Case No: 13-003185
Source:  Florida - Division of Administrative Hearings

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