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YOUNG AMERICA HOMESTEAD DAYCARE CENTER vs DEPARTMENT OF CHILDREN AND FAMILY SERVICES, 03-000291 (2003)

Court: Division of Administrative Hearings, Florida Number: 03-000291 Visitors: 21
Petitioner: YOUNG AMERICA HOMESTEAD DAYCARE CENTER
Respondent: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Judges: FLORENCE SNYDER RIVAS
Agency: Department of Children and Family Services
Locations: Miami, Florida
Filed: Jan. 27, 2003
Status: Closed
Recommended Order on Monday, June 30, 2003.

Latest Update: Apr. 13, 2004
Summary: Whether the Petitioner committed a violation of minimum child care standards, and if so, what penalty should be imposed.Child care center fined $1,000 for negligent supervision of a two-year-old resulting in a fractured shin, as well as record-keeping and ratio violation.
20-03 Florence Rivas STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES YOUNG AMERICAN DAYCARE CENTER Axe Petitioner, CASE NO. 03-0075 Se CASE NO. 03-0291 FSL-Clud Rendition No. DCF-03- 2.10 “FO vs. DEPARTMENT OF CHILDREN AND c FAMILY SERVICES PIL ED Respondent. OCT 06 2 / FINAL ORDER THIS CAUSE is before me as the result of the attached Recommended Order (RO) that was issued by an Administrative Law Judge (ALJ) assigned by the Division of Administrative Hearings, to hear this case. Transcript of the hearing was filed with the Agency Clerk. Exceptions to the RO were not filed by either party. FINDINGS OF FACT 1. The findings of fact in the ALJ’s RO are accepted, adopted and incorporated herein by reference. CONCLUSIONS OF LAW 2. The conclusions of law in the ALJ’s RO are accepted, adopted and incorporated herein by reference. And the undersigned being fully advised, it is ORDERED that the fine of $1,000.00 against Petitioner is hereby AFFIRMED. The Petitioner shall remit full payment to the department within 20 days of the filing date of this Order. If the department does not receive full payment within this time, it shall pursue payment through any and all legal means. DONE and ORDERED this 3 day of CoSolew , 2003, in Tallahassee, Leon County, Florida. CGFLESTE PUTNAM, y eputy Secretary for Behavioral Services Department of Children and Family Services Copies of this Final Order are being furnished to: Florence Snyder-Rivas Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway 32399-3060 Bianca Rodriguez Juanita Ramirez Young American Daycare Center 1905 West 35" Street, No. 120 Hialeah, Florida 33012 Rosemarie Rinaldi, Esquire Department of Children and Family Services 401 Northwest 2” Avenue, Suite N-1014 Mian, Fiorida 33128 NOTICE OF RIGHT TO APPEAL A party who is adversely affected by this final order is entitled to judicial review. To initiate judicial review, the party seeking it must file one copy of a “Notice of Appeal” with the Agency Clerk. The party seeking judicial review must also file another copy of the “Notice of Appeal,” accompanied by the filing fee required by law, with the First District Court of Appeal in Tallahassee, Florida, or with the District Court of Appeal in the district where the party resides. The Notices must be filed within thirty (30) days of the rendition of this final order." CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true copy of the foregoing FINAL ORDER has been sent by U.S. Mail or hand delivery to each of the persons named above on this im day of batten. 2003. PAUL FLOUNLACKER, Agency Clerk Department of Children and Family Services 1317 Winewood Blvd. Bidg. 2 Room 204 Tallahassee, FL 32399-0700 *The date of the “rendition” of this Final Order is the date that is stamped on its first page. The Notices of Appeal must be received on or before the thirtieth day after that date. 3

Docket for Case No: 03-000291
Issue Date Proceedings
Apr. 13, 2004 Notice of Serving Petitioner`s Request for Admissions (filed via facsimile).
Oct. 08, 2003 Final Order filed.
Jun. 30, 2003 Recommended Order (hearing held April 8, 2003). CASE CLOSED.
Jun. 30, 2003 Recommended Order cover letter identifying the hearing record referred to the Agency.
Jun. 17, 2003 Respondent`s Proposed Recommended Order (filed via facsimile).
Jun. 09, 2003 Order Granting Additional Time to Submit Proposed Recommended Order. (the parties hereto shall have until June 16, 2003, in which to file their proposed recommended orders)
Jun. 06, 2003 Respondent`s Motion for Additional Time to Submit Proposed Recommended Order (filed via facsimile).
May 27, 2003 Transcript filed.
Apr. 08, 2003 CASE STATUS: Hearing Held; see case file for applicable time frames.
Apr. 08, 2003 Respondent`s Notice of Filing Exhibits 2-5 filed.
Apr. 08, 2003 Respondent`s Notice of Filing of Exhibit 1 and Motion to Protect Confidentiality filed.
Apr. 03, 2003 Petitioner`s Witness List (filed via facsimile).
Mar. 19, 2003 Respondent`s Witness List (filed via facsimile).
Feb. 18, 2003 Order Granting Continuance and Re-scheduling Video Teleconference issued (video hearing set for April 8, 2003; 12:30 p.m.; Miami and Tallahassee, FL).
Feb. 14, 2003 Respondent`s Motion for Continuance Due to Consolidation (filed via facsimile).
Feb. 05, 2003 Order of Consolidation issued. (consolidated cases are: 03-000075, 03-000291)
Feb. 03, 2003 Joint Response to Initial Order (filed by Respondent via facsimile).
Jan. 27, 2003 Request for Administrative Hearing filed.
Jan. 27, 2003 Fine for Violation of Minimum Child Care Standards filed.
Jan. 27, 2003 Notice (of Agency referral) filed.
Jan. 27, 2003 Initial Order issued.

Orders for Case No: 03-000291
Issue Date Document Summary
Oct. 08, 2003 Agency Final Order
Jun. 30, 2003 Recommended Order Child care center fined $1,000 for negligent supervision of a two-year-old resulting in a fractured shin, as well as record-keeping and ratio violation.
Source:  Florida - Division of Administrative Hearings

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