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DEPARTMENT OF CHILDREN AND FAMILIES vs DR. D.D. BROWN CHRISTIAN ACADEMY OF HOPE, 19-005806 (2019)

Court: Division of Administrative Hearings, Florida Number: 19-005806 Visitors: 25
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: DR. D.D. BROWN CHRISTIAN ACADEMY OF HOPE
Judges: SUZANNE VAN WYK
Agency: Department of Children and Family Services
Locations: Gainesville, Florida
Filed: Oct. 30, 2019
Status: Closed
Recommended Order on Wednesday, September 2, 2020.

Latest Update: Dec. 25, 2024
Summary: Whether Respondent’s1 religious exemption from licensure as a child care facility, pursuant to section 402.316, Florida Statutes, should be revoked as alleged in the Administrative Complaint dated March 18, 2019.Petitioner proved that cook who provided meals for both daycare and private K-12 school was "child care personnel" subject to background screening requirements; Petitioner did not prove same with respect to member of board of directors.
< 2 eg Ron DeSantis 2 ~~) @ & State of Florida Governor a = Department of Children and Families % 2 Chad Poppell 2, * re | ate Secretary MYPLFAMILIES. COM Revocation of Religious Exemption STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES March 18, 2019 Certified Mail # Return Receipt Requested To: Dr. D. D. Brown Christian Academy of Hope X05MA0214 921 SW 3" Street Ocala, Florida 34471-1508 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department intends to revoke your religious exemption located at 921 SW 3" Street, Ocala, Florida. The Department's authority and grounds to impose this sanction are explained below. 1) Dr. D. D. Brown Christian Academy of Hope [XO05MA0214] was informed on March 1, 2019 that Errol Washington and Jeanette Crowell did not have required background screenings. Mr. Washington was screened on March 8, 2019 and was determined to be not eligible. Ms. Crowell has not yet been screened. 2) Pursuant to 402.316 F.S. the provisions of ss. 402.301-402.319, except for the requirements regarding screening of child care personnel, shall not apply to a child care facility which is an integral part of church or parochial schools conducting regularly scheduled classes, courses of study, or educational programs accredited by, or by a member of, an organization which publishes and requires compliance with its standards for health, safety, and sanitation. However, such facilities shall meet minimum requirements of the applicable local governing body as to health, sanitation, and safety and shall meet the screening requirements pursuant to ss. 402.305 and 402.3055. Failure by a facility to comply with such screening requirements shall result in the loss of the facility's exemption from licensure. it is a misdemeanor of the first degree to operate or attempt to operate a child care facility without a license or without registering with the Department, pursuant to s. 402.319(1) (c) Florida Statutes. If the Department determines you are operating a child care facility without _a license, the Department_may petition the circuit court to issue an injunction against_you under section 402.312, Florida Statutes, and may refer the matter to the State Attorney under section 402.319 Florida Statutes. RIGHT TO ADMINISTRATIVE PROCEEDING IF YOU BELIEVE THE PROPOSED ACTION DESCRIBED IN THIS ADMINISTRATIVE COMPLAINT IS IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING IN ACCORDANCE WITH THE ENCLOSED “NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES” 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700 Mission: Work in Partnership with Local Communities to Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery and Resiliency Should you have any questions regarding this notification, please contact the Child Care Program Office at (850) 488-4900. Sincerely, Shelley Tinney Operations and Management Consultant II CC: Samantha Wass de Czege, Director, Office of Child Care Regulation Richard Forrester, Regional Safety Program Manager Marsha Carpenter, Licensing Supervisor Barbara Brinkley, Licensing Counselor Stefanie Camfieid, Assistant General Counsel Joyce Miller, Asst. General Counsel Chrystal Koontz, ELC of Marion County Freda Stevens, Green Apple Accreditation of Children Services Enclosure: Notification of Rights Under Chapter 120, Florida Statutes NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES IF YOU BELIEVE THE DEPARTMENT’S DECISION IS IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING UNDER SECTIONS 120.569 AND 120.57, FLORIDA STATUTES, TO CONTEST THE DECISION. YOUR REQUEST FOR AN ADMINISTRATIVE HEARING MUST BE RECEIVED BY THE DEPARTMENT BY 5:00, P.M., NO LATER THAN 21 CALENDAR DAYS AFTER YOU RECEIVED THE DEPARTMENT’S ADMINISTRATIVE COMPLAINT. You must submit your request for an administrative hearing to the Department at the following addresses: Agency Clerk Department of Children and Families 1317 Winewood Blvd, Bldg. 2, Rm. 204 Tallahassee, FL 32399-0700 IF YOUR REQUEST FOR AN ADMINISTRATIVE HEARING IS NOT RECEIVED BY THE DEPARTMENT BY THE ABOVE DEADLINE, YOU WILL HAVE WAIVED YOUR RIGHTS TO A HEARING AND THE DEPARTMENT'S PROPOSED ACTION WILL BE FINAL. ANY DENIAL, SUSPENSION, REVOCATION OR OTHER ACTION CONCERNING YOUR LICENSE OR REGISTRATION WILL BE EFFECTIVE ON THAT DATE OR ON ANY LATER EFFECTIVE DATE STATED IN THE ADMINISTRATIVE COMPLAINT, AND ANY PENALTY OR FINE IMPOSED MUST BE PAID WITHIN 30 DAYS THEREAFTER OR ANY EARLIER TIME PROVIDED IN THE ADMINISTRATIVE COMPLAINT. If you disagree with the facts stated in the Department’s administrative complaint, you may request a formal administrative hearing under section 120.57(1), Florida Statutes. At a formal hearing, you may present evidence and arguments on all issues involved, and question the witnesses called by the Department. You have the right to be represented by counsel or other qualified representative. If you do not disagree with the facts stated in the Department's administrative complaint, you may request an informal administrative hearing under section 120.57(2), Florida Statutes. At an informal hearing, you may present your argument or a written statement for consideration by the Department. You have the right to be represented by counsel or other qualified representative. Your request for an administrative hearing must meet the requirements of Rule 28- 106.2015(5), Florida Administrative Code, must be prepared legibly on 8% by 11 inch white paper, and include all of the following items: (a) Your name, address, email address (if any) and telephone number. (b) The name, address, email address (if any) and telephone number of your attorney or qualified representative, if any. (c) A statement requesting an administrative hearing. (d) A statement of all facts in the administrative complaint with which you disagree. If you do not disagree with any of the facts stated in the administrative complaint, you must say so. (e) A statement of when and how you received the administrative complaint. (f) A statement identifying the file number of the administrative complaint, if shown on the administrative complaint. Section 120.569, Florida Statutes, require the Department to dismiss your request for hearing if it is not in substantial compliance with the requirements above. Mediation as described in section 120.573, Florida Statutes, is not available. However, other forms of mediation or informal dispute resolution may be available after a timely request for an administrative hearing has been received, if agreed to by all parties, and on such terms as agreed to by all parties. The right to an administrative proceeding is not affected when mediation or informal dispute resolution does not result in a settlement. USPS.com® - USPS Tracking® Results Page 1 of 2 USPS T ra cki n g FAQs > (https://www.usps.com/faqs/uspstracking-faqs.htm) Track Another Package -++ Tracking Number: 70161370000142832944 Remove X Your item was delivered to an individual at the address at 5:11 pm on March 28, 2019 in OCALA, FL 34471. Y Delivered March 28, 2019 at 5:11 pm Delivered, Left with Individual OCALA, FL 34471 yoeqpss Get Updates Vv Text & Email Updates Tracking History Product Information See Less A Can’t find what you’re looking for? Go to our FAQs section to find answers to your tracking questions. https://tools.usps.com/go/TrackConfirmAction 4/22/2019 USPS.com® - USPS Tracking® Results Page 2 of 2 FAQs (hitps://www.usps.com/faqs/uspstracking-faqs.htm) yoeqnee, The easiest tracking number is the one you don't have to know. With Informed Delivery®, you never have to type in another tracking number. Sign up to: © See images* of incoming mail. Automatically track the packages you're expecting. e Set up email and text alerts so you don't need to enter tracking numbers. e Enter USPS Delivery Instructions™ for your mail carrier. Sign Up (https://reg.usps.com/entreg/RegistrationAction_input? *NOTE: Black and white (grayscale) images show the outside, front of letter-sized envelopes and mailpieces taht) ppsdans&areleitebttessatomated equipment. https://tools.usps.com/go/TrackConfirmAction 4/22/2019

Docket for Case No: 19-005806
Issue Date Proceedings
Sep. 07, 2021 Motion for Extension of Time to File Initial Brief Due to Respondent and Appellant in Settlement Negotiations filed.
Aug. 19, 2021 Appellee's Motion to Relinquish Jurisdiction filed.
Aug. 19, 2021 New Notice of Agreed Extension of Time to File Initial Brief filed.
Jul. 30, 2021 Second Amended Notice of Agreed Extension of Time to File Initial Brief filed.
Jul. 28, 2021 Amended Notice of Agreed Extension of Time to File Initial Brief (to correct Scrivener's error) filed.
Jul. 27, 2021 Notice of Agreed Extension of Time to File Reply Brief filed.
Jun. 23, 2021 Notice of Second Agreed Extension of Time to File Initial Brief filed.
Apr. 12, 2021 Directions to Clerk filed.
Apr. 07, 2021 Notice of Appearance (Clifford Taylor) (filed in Case No. 19-005807).
Apr. 07, 2021 Notice of Appearance (Clifford Taylor) filed.
Feb. 12, 2021 Respondent's Opposition to the Recommended Order filed by the Department of Families and Children Services (filed in Case No. 19-005807).
Feb. 12, 2021 Respondent's Exception to the Recommended Order (filed in Case No. 19-005807).
Feb. 12, 2021 Petitioner's Exceptions to the Recommended Order (filed in Case No. 19-005807).
Feb. 12, 2021 Respondent's Opposition to the Exceptions to the Recommended Order filed by the Department of Families and Children Services.
Feb. 12, 2021 Respondent's Exceptions to the Recommended Order filed.
Feb. 12, 2021 Petitioner's Exceptions to the Recommended Order filed.
Feb. 12, 2021 Agency Final Order filed.
Feb. 12, 2021 Agency Final Order filed.
Feb. 12, 2021 Agency Final Order filed. (Filed in Case No. 19-5807)
Feb. 12, 2021 Agency Final Order filed. (Filed in Case No. 19-5806)
Sep. 02, 2020 Recommended Order (hearing held March 12, 2020). CASE CLOSED.
Sep. 02, 2020 Recommended Order cover letter identifying the hearing record referred to the Agency.
Sep. 01, 2020 Order Denying Motion for Extension of Time and Motion to Supplement the Record.
Sep. 01, 2020 Motion to Expand the Record (filed in Case No. 19-005807).
Sep. 01, 2020 Respondent's Proposed Recommended Order (filed in Case No. 19-005807).
Sep. 01, 2020 Motion to File Proposed Recommended Order out of Time (filed in Case No. 19-005807).
Aug. 20, 2020 Respondent's Proposed Recommended Order filed.
Jul. 31, 2020 Order Granting Extension of Time.
Jul. 30, 2020 Unopposed Motion for Extension of Time filed.
Jul. 13, 2020 Order Granting Extension of Time.
Jul. 10, 2020 Unopposed Motion for Extension of Time filed.
Jun. 30, 2020 Notice of Filing Transcript.
Jun. 29, 2020 Transcript of Proceedings (not available for viewing) filed.
Jun. 18, 2020 Order Closing Record.
Jun. 17, 2020 Respondent's Proposed Exhibit 1 filed (exhibits not available for viewing).
Jun. 11, 2020 Respondent's Proposed Exhibits filed (exhibits not available for viewing). &#xD;&#xA; Confidential document; not available for viewing.
Jun. 11, 2020 CASE STATUS: Hearing Held.
Jun. 10, 2020 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Jun. 01, 2020 Amended Notice of Hearing by Zoom Conference (hearing set for June 11, 2020; 9:00 a.m.; Gainesville; amended as to Hearing Type).
May 29, 2020 Petitioner's Amended Emergency Motion for Hearing by Video Teleconference filed.
May 29, 2020 Petitioner's Emergency Motion for Hearing by Video Teleconference filed.
May 28, 2020 Procedural Order.
May 18, 2020 Procedural Notice.
May 18, 2020 Notice of Appearance (Javier Enriquez) filed.
Apr. 10, 2020 Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for June 11, 2020; 9:00 a.m.; Gainesville and Tallahassee, FL).
Apr. 08, 2020 CASE STATUS: Pre-Hearing Conference Held.
Apr. 08, 2020 Notice of Telephonic Pre-hearing Conference (set for April 8, 2020; 1:00 p.m.).
Apr. 06, 2020 Petitioner's Emergency Motion for Pre-Hearing Conference Call filed.
Apr. 03, 2020 (Corrected) Petitioner's Additional Witness filed.
Apr. 03, 2020 Petitioner's Witnesses and Exhibits (signed) filed.
Apr. 03, 2020 Petitioner's Additional Witness filed.
Mar. 12, 2020 CASE STATUS: Hearing Partially Held; continued to April 14, 2020; 9:00 a.m.; Tallahassee, FL.
Mar. 12, 2020 Amended Notice of Hearing by Video Teleconference (hearing set for April 14, 2020; 9:00 a.m.; Gainesville and Tallahassee, FL; amended as to Date).
Mar. 11, 2020 Motion for Continuance filed.
Mar. 06, 2020 Petitioner's Witnesses and Exhibits filed.
Mar. 06, 2020 Petitioner's Response to the Requests for Admissions filed.
Jan. 16, 2020 Notice of Appearance (Ivory Avant) filed.
Dec. 30, 2019 Petitioner's Request for Admissions filed.
Dec. 02, 2019 Order of Pre-hearing Instructions.
Dec. 02, 2019 Notice of Hearing by Video Teleconference (hearing set for March 12, 2020; 9:00 a.m.; Gainesville and Tallahassee, FL).
Nov. 26, 2019 Department's Response to Initial Order filed.
Nov. 18, 2019 Order Granting Extension of Time.
Nov. 15, 2019 Department's Motion to Extend Time to Respond to Initial Order filed.
Nov. 13, 2019 Order of Consolidation (DOAH Case Nos. 19-5806 and 19-5807)
Nov. 08, 2019 Motion to Consolidate filed.
Nov. 01, 2019 Initial Order.
Oct. 30, 2019 Administrative Complaint filed.
Oct. 30, 2019 Statement Requesting Administrative Hearing filed.
Oct. 30, 2019 Notice (of Agency referral) filed.

Orders for Case No: 19-005806
Issue Date Document Summary
Feb. 11, 2021 Agency Final Order
Feb. 11, 2021 Agency Final Order
Sep. 02, 2020 Recommended Order Petitioner proved that cook who provided meals for both daycare and private K-12 school was "child care personnel" subject to background screening requirements; Petitioner did not prove same with respect to member of board of directors.
Source:  Florida - Division of Administrative Hearings

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