STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MARTHA TAYLOR, d/b/a COUNTRY AIR CHILDCARE HOME,

Petitioner,

vs.

DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Respondent.

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) Case No. 02-3365

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RECOMMENDED ORDER

Don W. Davis, an Administrative Law Judge of the Division of Administrative Hearings, held a final hearing in the above- styled cause on October 7, 2002, in Live Oak, Florida.

APPEARANCES

For Petitioner: Martha Taylor, pro se

Country Air Childcare Home 14019 219th Lane

Live Oak, Florida 32060-5336

For Respondent: Lucy Goddard, Esquire

Department of Children and Family Services

Post Office Box 390, Mail Stop 3 Gainesville, Florida 32602

STATEMENT OF THE ISSUE

Whether the decision of the Department of Children and Family Services (Respondent) to revoke the license of Martha

Taylor (Petitioner) to operate a large family child care home is appropriate.

PRELIMINARY STATEMENT

On July 8, 2002, Respondent's representative issued an Administrative Complaint To Revoke License (Administrative Complaint). The gravaman of the Administrative Complaint is that Petitioner is in violation of screening requirements contained in Section 39.20(16), Florida Statutes, in that Petitioner's husband is the perpetrator of a confirmed case of child abuse, specifically sexual molestation of Petitioner's daughter.

The Administrative Complaint created the option for Petitioner to seek a hearing pursuant to Chapter 120, Florida Statutes, to contest Respondent's preliminary decision of license revocation. Petitioner requested a formal hearing and Respondent forwarded the case to the Division of Administrative Hearings to conduct such proceedings.

At the final hearing, Petitioner presented the testimony of two witnesses, including herself, and one exhibit. Respondent presented two witnesses and two exhibits. Both parties sponsored one joint exhibit. No transcript of the final hearing was provided.

The parties were provided the opportunity to file proposed recommended orders. Respondent and Petitioner filed Proposed

Recommended Orders. Where possible, those written post-hearing submissions have been utilized in the preparation of this

Recommended Order.

FINDINGS OF FACT

1. Petitioner is licensed to operate a large family day care home, located at 14019 219th Lane, Live Oak, Florida. Her license to provide child care dates from 1998.

2. Jimmie P. Taylor is Petitioner's husband. He lives in the home where Petitioner operates the large family day care facility. Taylor is disabled and does not work outside the home. He is home during the day and has unsupervised access to the children in the large family child care home.

3. On June 3, 2002, Respondent's protective services investigator contacted Deputy Sheriff Wayne Musgrove of the Suwannee County Sheriff's Department. The investigator had received an anonymous report that Petitioner's husband was the perpetrator of a verified report of child abuse.

4. On June 4, 2002, Musgrove interviewed Taylor.

   
   

   Petitioner's husband admitted that in 1987, while Petitioner and her daughter were living in his house in Pinellas County, Florida, he had fondled Petitioner's then 16-year-old daughter in her genital area and that the daughter had fondled his genital area and "masturbated him." He and Petitioner were not married at the time.

5. While the investigation in 1987 resulted in a confirmed report of child abuse, naming Taylor as perpetrator, no other legal consequences befell Taylor because Petitioner's daughter recanted her previous admissions in a circuit court proceeding regarding the matter.

6. Later Taylor and Petitioner's daughter received counseling and today, according to Petitioner and Taylor, enjoy a normal relationship.

7. Respondent's policy is never to license an individual to conduct a family day care business where an abuse perpetrator resides in the same home. Other than denying licensure, Respondent has no means to lessen or remove a threat to children in such a situation since unsupervised contact by such a person with children in the home is possible. In fact, Petitioner would not have received a license in 1998 had Respondent's representatives known about the 1987 confirmed report.

   CONCLUSIONS OF LAW

   
   

8. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties hereto pursuant to Section 120.57(1), Florida Statutes.

9. Respondent is the administrative agency of the State of Florida which licenses child care facilities such as Petitioner's facility. Specifically, Respondent is authorized to use the 1987 confirmed report in its determination of whether

   to license Petitioner. See Section 39.201(6), Florida Statutes, which reads in pertinent part as follows:

   Information in the central abuse hotline and the department's automated abuse information system may be used by the department, its authorized agents or contract providers, the Department of Health, or county agencies as part of the licensure or registration process

   
   

10. The presence of Petitioner's husband constitutes a valid reason for Respondent to be concerned about the safety of children in Petitioner's home.

11. Evidence presented by Petitioner is not deemed "clear and convincing" in this instance so as to support a reasonable belief that Taylor will not again engage in lawless behavior. The evidence presented militates in favor of revocation of licensure at this time.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is

RECOMMENDED that a final order be entered confirming the revocation of Petitioner's license to operate a large family child care home.

DONE AND ENTERED this 4th day of November, 2002, 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 4th day of November, 2002.

COPIES FURNISHED:

Lucy Goddard, Esquire Department of Children and

Family Services

Post Office Box 390, Mail Stop 3 Gainesville, Florida 32602

Martha R. Taylor

Country Air Childcare Home 14019 219th Lane

Live Oak, Florida 32060-5336

Paul F. Flounlacker, Jr., Agency Clerk Department of Children and

Family Services

1317 Winewood Boulevard Building 2, Room 204B Tallahassee, Florida 32399-0700

Josie Tomayo, General Counsel Department of Children and

Family Services

1317 Winewood Boulevard

Building 2, Room 204

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: 02-003365

Orders for Case No: 02-003365