STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF CHILDREN AND )

FAMILY SERVICES, )

)

Petitioner, )

)

vs. ) Case No. 00-2571

)

KIDDIE KAMPUS DAY CARE, )

)

Respondent. )

)

RECOMMENDED ORDER

On October 23, 2000, a formal administrative hearing in this case was held in Pensacola, Florida, before Don W. Davis, Administrative Law Judge, Division of Administrative Hearings.

APPEARANCES

For Respondent: Reatha Simmons, Qualified Representative Kiddie Kampus Day Care

1216 Portland Street

Pensacola, Florida 32501

For Petitioner: Eric D. Schurger, Esquire

Department of Children and Family Services

160 Governmental Center, Suite 601 Tallahassee, Florida 32501

STATEMENT OF THE ISSUE

The issue is whether the provisional license issued to Kiddie Kampus Day Care (Respondent), should be renewed.

PRELIMINARY STATEMENT

By Administrative Complaint dated March 27, 2000, the Department of Children and Families (Petitioner) notified

Respondent that the child care facility license issued by Petitioner to Respondent would not be renewed following its expiration on April 1, 2000, as a consequence of various violations. The Complaint detailed a litany of historical violations and recent violations occurring since the provisional license issuance on January 20, 2000.

Respondent's owner, Reatha Simmons, disputed the revocation and requested a formal administrative hearing on the matter.

Petitioner forwarded the request to the Division of Administrative Hearings, which scheduled and conducted the proceeding.

At the final hearing, Petitioner presented the testimony of four witnesses and five exhibits. Respondent presented testimony of six witnesses and three exhibits.

A Transcript of the final hearing was filed on November 27, 2000. Petitioner filed a Proposed Recommended Order which has been considered in the preparation of this Recommended Order.

Respondent did not file a proposed recommended order.

FINDINGS OF FACT

1. Reatha Simmons is the owner of the Respondent facility and is licensed by Petitioner to operate a Child Care Facility under License No. DC-1320-E.

2. As a consequence of a pattern of problems and violations at the Kiddie Kampus Day Care, Respondent was placed on

   provisional license status from January 20, 2000 through April 1, 2000.

3. An inspection of the Respondent facility on January 7, 2000, revealed that the facility was "out-of-ratio" with too many children and not enough supervising employees, as well as insufficient square footage. Additional citations were made for Respondent's employee screening violations and lack of tuberculosis (TB) testing of the employees.

4. A supervisory conference was held with Reatha Simmons and Petitioner employees on January 13, 2000, to discuss the pattern of repeat violations and non-compliance by the Respondent facility. Consequently, the facility was placed on a three-month provisional license status and Reatha Simmons was warned that it was her last chance to correct repeated violations.

5. Another inspection on February 16, 2000, by Petitioner's representative revealed continued personnel screening violations and various facility violations. Included within the violations were two children who did not have required physicals on

   January 27, 2000, and were still out of compliance.

   
   

6. An attempted review of documents at the Respondent facility by Petitioner's representative on March 6, 2000, was not possible as the documents were locked in an office in the facility at that time.

7. Problems occurred at the Respondent facility on March 4, 2000. An underage employee was alone for approximately nine

   hours with children at the facility. There was a ratio violation as to the number and ages of the children at the facility. A family member was called to come and pick up a child early and the facility closed earlier than its posted hours. These matters were reported to Petitioner's personnel on March 7, 2000. At an inspection by Petitioner personnel on March 9, 2000, Respondent acknowledged the veracity of the March 4, 2000 incident.

8. On March 16, 2000, an inspection of the facility showed additional fill dirt or ground cover was needed under the monkey bars, a piece of recreational machinery.

9. While employee fingerprint and background verification were eventually accomplished, along with required TB tests, these actions were tardy and not expediently accomplished. Likewise, physical examinations of two children were not timely accomplished.

   CONCLUSIONS OF LAW

   
   

10. The Division of Administrative Hearings has jurisdiction over the parties to and subject matter of this proceeding. Section 120.57(1), Florida Statutes.

11. Petitioner is specifically given the discretion to deny, suspend, or revoke Respondent's license for any violation of any of the requirements of the statutes or rules. Section 402.310(1)(a), Florida Statutes. A mandatory factor in Petitioner's disciplinary decision is the offending facility's

    history of previous violations. Section 402.310(1)(b)3., Florida Statutes.

12. In accordance with the facts recounted above, the authority provided to Petitioner by Section 402.310, Florida Statutes, and requirements of Rule 65C-22, Florida Administrative Code, Petitioner is justified in not renewing the provisional license of Respondent.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that a final order be entered by Petitioner confirming the decision not to renew Respondent's license.

DONE AND ENTERED this 19th day of December, 2000, in Tallahassee, Leon County, Florida.

DON W. DAVIS

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 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 19th day of December, 2000.

COPIES FURNISHED:

Reatha Simmons, Qualified Representative Kiddie Kampus Day Care

1216 Portland Street

Pensacola, Florida 32534

Eric D. Schurger, Esquire Department of Children and

Family Services

160 Governmental Center, Suite 601 Pensacola, Florida 32501

Josie Tomayo, General Counsel Department of Children and

Family Services

1317 Winewood Boulevard

Building 2, Room 204

Tallahassee, Florida 32399-0700

Virginia A. Daire, Agency Clerk Department of Children and

Family Services Building 2, Room 204B 1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

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: 00-002571

Orders for Case No: 00-002571