STATE OF FLORIDA «sapien DEPARTMENT OF-CHILDREM:AND,FAMILY-SERVICES. 2 ca muersatamuamoone coe « Cert. No.: 7013 1090 0000 4416 2668 Pamela Ewing Ewing Family Day Care Home 8885 SW 178 Terrace Palmetto Bay, FL. 33167 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department of Children and Familias intends to deny “your child care license. The grounds for imposition of this sanction are set forth below: . This is an administrative action for imposition of a civil penalty for known Incidents of occurrence as authorized in section 402.310, Florida Statutes and rules @5C-22.010° and B5C-20.012, Florida Administrative Code. 2. ‘Petitioner, The Department, is an administrative agency of the State of Florida, charged with the duty to enforce and administer the provisions of Chapter 402, Florida Statutes and rules 65C-22.040 and 68C- 20.012, Florida Administrative Code. . Respondent, Ewing remly Day Care Home, License No. F11MD0170, Is licensed under Chapter 402, Florida Statutes, and Chapter 65C-22 and 65C-20, Florida Administrative Coda, to operate a family day care home known as, Ewing Family Day Care Homa, located at, 8885 SW 178" Terrace, Palmetto Bay, FL. 33157. The family day care home license is currently an Annual License. . On May 28, 2013, a domestic violence incident occurred at the family day care home between the , operator, Pamela Ewing and her husband Darrell Ewing. Darrell Ewing was subsequently arrested for a misdemeanor battery and was issued a Stay Away Order. During the time that the Stay Away Order was issued, to wit, May 27, 2013 through June 24, 2013, operator Pamela Ewing failed to report the arrest to the Department and/or notify the Department that a Stay Away Order was in place and that the operator no longer had a substitute for the family day care home during this period of time, On January 29, 2013, Pamela Ewing submitted an application for renewal of the family day care home license. The application listed Darrell. Ewing Sr, husband of Pamela Ewing as the substitute. Attached hereto as Exhibit A is the submitted 2013 ficense application. . Pursuant to rule, 66C-20.009(2)(b), there shall be a written plan fo provide at least one other competent adult, who must be at least 18 years of age, to be available as-a substitute for the operator on a temporary or emergency basis, Any changes to the substitute plan that occurred during the home's licensure year. must be submitted to the Icensing authority within five (5) working days of the change. , On February 12, 2044, the Department received the license pplication, which included a signed and notarized Child Care Affidavit of Good Moral Character. This form indicates that Mr. Ewing has been arrested for a criminal offense of domestic violence battery and indicates that notice of the arrest of an Offense must be provided within one business day. There was no previous notice provided to the Department subsequent to the arrest. Page 1 of3 Le une ee = tee + ern simmer ni ate mc at oe BO te ED Ata a’ . : ene cogigearemmsses as eae ge ee pes tants 9. On March 5, 2014, the Department did their annual Child Abuse Abuse Registry search in processing the - i unweit neniognse.application and.a-casespepulated for the aforementioned domestic. violence.incident., THIS... 1. cess i report verified the allegations of domestic violence against the father, Darrell Ewing. 10. The processing and evaluation of family day care home license applications and family day care home ficense and registration applications shall include a central abuse hotline records search of the owner and ! director of the family day care home Mentified on the application. Pursuant to section 39.201(6) of the } Florida. Statutes, the licensing agency may use information In the central abuse hotline and the ‘department's automated abuse information system as part of the licensure or registration process pursuant to Sections 402.301-402.319 of the Florida Statutes. 71, Pursuant to rule 65C-20.010(7)(a) of the Florida Administrative Code acts or omissions that meet the definition of child abuse or neglect provided in Chapter 39, F.S., constitute e violation of the standards in Sections 402.301-.319, Florida Statutes. If you do not wish te contest the findings of this administrative complaint, payment of the fine amount may be made directly to the Florida Department of Children and Families, Child Care Regulation Office, 12195 Quail Reost Dr, Cottage #3, Miami FL 33177 Hf you wish to contest the findings of this administrative complaint, the sanctions imposed, you may do 80 a6 provided in the notification of rights below. IF YOU BEUEVE THE DEPARTMENT'S DECISION IS IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING TO CONTEST THE DECISION. YOUR REQUEST FOR. AN. ADMBGSTRATIVE HEAREG MUST DE RECENED BY THE DEPARTSESNT BATH 31 DAYS OF YOUR RECEIPT OF THIS NOTICE. FAILURE TO REQUEST AN ADMINISTRATIVE HEARING WITHIN THE 21 DAYS PROVIDED SHALL CONSTITUTE A WAIVER OF THE RIGHT TO A HEARING, You may submit your request for an administrative heating to the Department at the following addresses: Florida Department of Children and Family Services i Regional Legal Counsel's Office : ATTN: Karen Mila, Esq. 401 N.W. 2™ Avenue, Suite N-1014 Miami, Florida 38128 Please note that a request for an administrative hearing must comply with section 120.589(2)(c), Florida Statutes, and Rules 28-106.201(2), Florida Administrative Code. Those provisions, when read together, require a petition for administrative hearing to include: {a) The name and address of each agency affected and each agency's file or identification number, if known; {b) The name, address, and telephone number of the petifioner; the name, address, and. telephone number of the petitioner's representative, If any, which shail be the address for service purposes during the course of the proceeding, (c) An explanation of how the petitioner's substantial interests will be affected hy the agency determination; (d) A statement of when and how the petitioner received natice of the agency decision; (e) A statement of all disputed Issues of material facts. Ifthere are none, the petition must so indicate; (f) Aconclse statement of the ultimate facts alleged, Including the specific facts the petitioner contends warrant reversal or modification of the agency's proposed action; Page 2 of 3 ’ J Saptari: ee (g) A statement of the specific rules or statutes the petitioner contends require reversal or me ; modification of the agenayis proposed.action, including.an.explanation athow.the alleged... uc cast eupurgine we | facts relate to the specific rules or statutes; and \ (h) A statement of the relief sought by the petitioner, stating precisely the action petitioner : wishes the agency to take with respect to the agency's proposed action. ‘ Section 120.569, Florida Statutes, and rule 28-106.201(4), Florida Administrative Code, require that a petition to be dismissed if it is not in substantial compliance with the requirements above. Mediation as described in section 120.573, Florida Statutes, may be avallable if agreed to by ail parties, and ori such terms as agreed to by all parties. The right to an administrative proceeding is not affected when mediation does not result In a settlement. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy of the foregoing administrative complaint has been provided by U. S. cartified mail, retum receipt no.7013 1080 0000 4416 2668 to, Ewing Family Day Care Home c/o Pamela Ewing, 8865 SW 178 Terrace Palmetto Bay, Florida 93157, this 24th day of March 2074. a AZ ft SF jer Regional Program Safety Manager Department of Chikiren and Families

Docket for Case No: 14-002068