STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Petitioner, Vs. 00-¥79O Dr. Alan L. Weierman.Ph.D. REVOCATION OF PRESIDENT OF LICENSE NO. 1000-12-18 Victory Children’s Home 602 Biltmore Street Port St. Lucie, FL 34983 Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, State of Florida, Department of Children and Family Services, by and through undersigned counsel, files this Administrative Complaint against Respondent Licensee, Alan Weierman, President of Victory Children's Home, License No. 1000-12- 18 for failure to comply with Florida Administrative Code 65C-14, (Standards for Group Care of Children). This is an administrative action revoking the above license as authorized by Chapter 409.175, Florida Statutes. As grounds for this revocation the Department states the following: 1. The Department of Children and Family Services, State of Florida, has jurisdiction over the Respondent by virtue of the provisions of Section 409.175 Florida Statutes, and Chapter 65C-14, Florida Administrative Code. 2. The Respondent, Alan Weierman, President of Victory Children’s Home is licensed to operate as a group child care facility in compliance with Chapter 409, Florida Statutes, and Florida Administrative Code, Chapter 65C-14. 3. On October 25, 2000, the Respondent engaged in actions detrimental to required child protection and care by having a child dropped off at another facility without taking appropriate action to assure the safety and protection of the child and without pursuing the required processes for placing a child in another facility. A summary of the facts of the incident are as follows: a. A child resisted the efforts of staff at the facility to obtain a marking pen from him that he had been using to mar the walls of his room. b. When the Respondent directed the child to give him the marking pen, the child put the marking pen in the front of his shorts. C. The Respondent, with a staff member present, restrained the child and by some means obtained the marker. d. The child began cursing alleging he was sexually assaulted when the marker was taken out of his pants. A call was made to the " police who arrived at the facility at 4:15 PM. a e. The child made an allegation of molestation describing that the Respondent had put his hands in the child's shorts and physically removed the marker pen. The Respondent requested the child be transported to a Baker Act facility but the police refused the request. f. Following the direction of the Respondent, a Victory Children’s Home staff member transported the child to the New Horizons mental health facility, at 4:50 PM, that same date. The child was denied admission because he did not meet their criteria for admission. The transporting staff member then called the Respondent who told him to take the child to the Wave Crest run away shelter facility and drop the child off. The staff member did this. The Respondent stated during an interview that he knew that if the staff member transported the child to Wave Crest and went into the facility with the child, that Wave Crest would not have taken the child so he instructed his staff member to drop the child in the parking lot in front of Wave Crest, which is a run away shelter for children, and drive away. The release of the child was made without the provisions of an approved release plan required for dismissal and change of placement for all children in care. The above actions are in violation of Chapter 65C-14.048, FAC, directing release planning including the direct involvement of the department prior to release or re-assignment. On or about June 27, 2000, it was learned that the Respondent had engaged in actions affecting the safety and protection of children in the facility by allowing a child in residence who was known to be a threat to other children to have private access to other children including sharing bedroom space. A summary of the facts of the incident are as follows: A child was determined to be a threat to the safety and protection of other children as a result of investigation by the department. b. The Respondent was clearly informed as to the need for keeping this child under close supervision including the provision of a bedroom area separate from other children. Cc. The Respondent continued to allow the child unsupervised access to a child by permitting the sharing of a bedroom area. d. The above actions are in violation of section 409.175 (8)(b) 1, Florida Statutes concerning an intentional or negligent act materially affecting the health or safety of children in a child care agency. 7. The above actions are in violation of Section 409.175 (8)(b) 2, Florida Statutes concerning actions that provide ground for denial, suspension, or revocation of a license. 8. The Respondent demonstrated disregard for the safety and well being of children in his care by violating the Rules and Regulations intended to protect and provide safety and protection for children. Therefore, effective November 30, 2000, the license to operate Victory Children’s Home located at 602 Biltmore Street, Port St. Lucie, Florida, License No. 1000-12-18, is revoked. NOTIFICATION OF RIGHTS The Respondent is notified of the right to request an administrative hearing, to be represented by counsel or other qualified representative, to take testimony, to call and cross-examine witnesses, to have subpoena duces tecum issued, and to present written evidence or argument if the Respondent requests a hearing. a. Any hearing request or answer to this Administrative Complaint shall be made in writing and the Respondent should include the following: 1. An admission or denial of each factual matter alleged in the complaint. 2. A short and plain statement of each relevant affirmative defense the Respondent may have. b. Except for good cause: 1. Factual matters alleged in this complaint and not denied in the request for hearing shall be presumed admitted. 2. Failure to raise a particular defense in the request for hearing will be considered a waiver of such defense. Cc. Any new matter raised in the request for hearing shall be presumed to be denied by the Department of Children and Family Services. d. Evidence shall not be taken on any issue not raised in the administrative complaint and the request for hearing. This Administrative Complaint is issued pursuant to Section 120.57 F.S. Any Proceeding concerning this complaint shall be conducted pursuant to Department of Children and Family Services Rules of Practice and Procedure, Florida Administrative Code, Chapter 10-2 et. seq., and the Model Rules of Procedure Florida Administrative Code, Chapter 28-5. Respondent is given full notice of this agency action. Unless a request for hearing is received within thirty (30) days after receipt of this complaint, the complaint becomes a final order of the Department of Children and Family Services. If the Respondent desires to request a hearing, he must forward the request to: Virginia Daire, Agency Clerk Department of Children and Family Services Office of the General Counsel 1323 Winewood Boulevard, Bldg. 2, Suite 204 Tallahassee, FL 32301 THIS PETITION IS FILED IN GOOD FAITH. WModiwlber ” day of , 2000. Program Manager District 15 FL Department of Children and Families STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this /é Zh day of W/ ifx+2000, by Gary C. Pettit, who is personally known to mé and after being ly sworn, deposes and says that the allegations of the foregoing Petition are true and correct according to his information, knowledge and belief. Vivian Schiavino % MY COMMISSION # CC838735 EXPIRES lay 00: BONDED THRU TROY FAIN INSURANCE INC. CERTIFICATE OF SERVICE Dr. Alan L. Weierman, Ph.D Victory Children’s Home 602 Biltmore Street Port St. Lucie, FL 34983 (561) 879-7181 | hereby certify that | did mareever telefax copy of the ‘oreo pleading to the persons above-named on this lam hot Senior Attogriey, District. 15 FL Department of Children and Families Received this date: Signature

Docket for Case No: 00-004790