STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ROBINSON'S CHRISTIAN ACADEMY,

Petitioner,

vs.

DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Respondent.

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) Case No. 04-3056

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RECOMMENDED ORDER

Administrative Law Judge Don W. Davis of the Division of Administrative Hearings held a final hearing in the above-styled case on November 12, 2004, in Jacksonville, Florida.

APPEARANCES

For Petitioner: Idella Newell-Robinson, pro se

Robinson's Christian Academy

2550 Mayport Road, Suites 8 and 9 Atlantic Beach, Florida 32233

For Respondent: Robin Whipple-Hunter, Esquire

Department of Children and Family Services

5920 Arlington Expressway

Jacksonville, Florida 32231 STATEMENT OF THE ISSUE

The issue to be resolved in this proceeding is whether Petitioner should be denied continued licensure for her child care facility.

PRELIMINARY STATEMENT

By letter dated July 2, 2004, Respondent informed Petitioner that her child care license would be revoked as a result of her failure to provide Respondent with documentation of Petitioner’s credentials to act as the director of the licensed child care facility.

Petitioner timely sought an administrative proceeding to contest Respondent's intended decision, and the dispute was transferred to the Division of Administrative Hearings (DOAH).

At the final hearing, Respondent presented one witness and four exhibits. Petitioner testified in her own behalf, and presented one exhibit. All exhibits were admitted into evidence and official recognition was taken of Chapter 402.305, Florida Statutes (1999), and Chapter 402.305, Florida Statutes (2004).

Official recognition was also taken of Florida Administrative Code Chapter 65C-22.003. Further references to Florida Statutes are to the 2004 edition unless otherwise designated.

No transcript of the final hearing was provided. Respondent filed a Proposed Recommended Order that has been reviewed and addressed, where possible, by this Recommended Order.

FINDINGS OF FACT

1. Petitioner is Idella Newell-Robinson. She was issued a child care license for Robinson's Christian Academy in February of 2003.

2. Respondent is the State of Florida agency charged with the regulation of child care facilities and licensure issuance for those facilities. Respondent's representative advised Petitioner on numerous occasions of the need for Petitioner's facility to have someone on staff with “director's credentials.” Petitioner said she was going to attend classes, preparatory to receiving the required license, in October of 2003.

3. By letter dated January 17, 2004, Respondent's representative advised Petitioner that a provisional license had been issued to Petitioner's facility because of the failure to comply with the requirement that a staff member have director's credentials no later than January 1, 2004. Petitioner was also advised that the provisional license would be amended to a regular license as soon as Respondent received documentation of Petitioner's receipt of the required director's credentials.

4. A provisional license was issued to Petitioner on February 14, 2004, to extend through July 2, 2004.

5. Respondent's letter of January 17, 2004, also provided Petitioner with complete advice regarding how to obtain the required director's credentials, as well as the admonition that failure to obtain the necessary credentials before expiration of the provisional license would result in the revocation of Petitioner's license.

6. By letter dated July 2, 2004, Petitioner was advised that Respondent intended to revoke her license.

7. The director's credentials for child care facilities may be obtained through what is called “the foundational level.” Petitioner had complied with five of the six requirements for director's credentials at the time of final hearing through this method. Petitioner had not received, however, a passing score on part one of the mandated child care introductory course, despite two attempts to pass that examination.

   CONCLUSIONS OF LAW

   
   

8. The Division of Administrative Hearings has jurisdiction of the subject matter of and the parties to this proceeding. § 120.57(1), Fla. Stat.

9. Respondent possesses a wide array of authority with regard to denial, suspension, revocation, and/or renewal of Petitioner's licensure status. § 402.305, Fla. Stat., and Fla. Admin. Code Chapter 65C-22.

10. Respondent seeks to revoke Petitioner's child care license as a consequence of Petitioner's failure to obtain the requisite director's credentials, either directly for her self or to have someone with those credentials on her staff. Notably, Section 402.305(2)(d)1., Florida Statutes, sets forth minimum training requirements for child care personnel and states:

    1. Such minimum standards for training shall ensure that all child care personnel take an approved 40-clock-hour introductory course in child care, which course covers at least the following topic areas:

       
       

       1. State and local rules and regulations which govern child care.

          
          

       2. Health, safety, and nutrition.

          
          

       3. Identifying and reporting child abuse and neglect.

          
          

       4. Child development, including typical and atypical language, cognitive, motor, social, and self-help skills development.

          
          

       5. Observation of developmental behaviors, including using a checklist or other similar observation tools and techniques to determine the child's developmental age level.

          
          

       6. Specialized areas, including computer technology for professional and classroom use and early literacy and language development of children from birth to 5 years of age, as determined by the department, for owner-operators and child care personnel of a child care facility. Within 90 days after employment, child care personnel shall begin training to meet the training requirements. Child care personnel shall successfully complete such training within 1 year after the date on which the training began, as evidenced by passage of a competency examination. Successful completion of the 40-clock-hour introductory course shall articulate into community college credit in early childhood education, pursuant to ss. 1007.24 and 1007.25.

          
          

          Exemption from all or a portion of the required training shall be granted to child care personnel based upon educational credentials or passage of competency

          examinations. Child care personnel possessing a 2-year degree or higher that includes 6 college credit hours in early childhood development or child growth and development, or a child development associate credential or an equivalent state- approved child development associate credential, or a child development associate waiver certificate shall be automatically exempted from the training requirements in sub-subparagraphs b., d., and e.

          
          

11. Florida Administrative Code Rule 65C-2203(2) reiterates the statutory requirements for licensure and requires compliance with those minimumal standards for receipt of a child care facility license.

12. The proof presented by Respondent in this proceeding conclusively demonstrates that Petitioner was given more than ample warning of the consequences of failing to comply with licensure requirements. Her provisional licensure status expired July 2, 2004. She may not now be granted an unconditional license absent compliance with licensure standards mandated by law. Respondent's proposed denial of licensure is appropriate in Petitioner's case.

RECOMMENDATION

Having considered the foregoing Findings of Fact, Conclusions of Law, the evidence of record, and the candor and demeanor of the witnesses, it is

RECOMMENDED:

That a final order be entered documenting the denial of licensure for Petitioner's child care facility as a consequence of Petitioner's failure to acquire legally mandated qualifications.

DONE AND ENTERED this 14th day of December, 2004, in Tallahassee, Leon County, Florida.

S

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 14th day of December, 2004.

COPIES FURNISHED:

Robin Whipple-Hunter, Esquire Department of Children and

Family Services Post Office Box 2417

Jacksonville, Florida 32231-0083

Idella Newell-Robinson Robinson's Christian Academy 2550 Mayport Road, Suite 8 & 9 Atlantic Beach, Florida 32233

Josie Tomayo, General Counsel Department of Children and

Family Services Building Two, Box 204 1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

Paul Flounlacker, Agency Clerk Department of Children and

Family Services Building Two, Box 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: 04-003056

Orders for Case No: 04-003056