Elawyers Elawyers
Washington| Change

DEPARTMENT OF CHILDREN AND FAMILIES vs WHITMORE FAMILY DAY CARE HOME, 16-002165 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-002165 Visitors: 12
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: WHITMORE FAMILY DAY CARE HOME
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Children and Family Services
Locations: Orlando, Florida
Filed: Apr. 19, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, June 20, 2016.

Latest Update: Dec. 22, 2024
DEPARy, of Xe : x 4, Rick Scott 3 @ e 2 State of Florida Governor 4 2 Department of Children and Families % Ss Mike Carroll ome ap BS Secretary MYFLFAMILIES.COM Revocation of Family Day Care Home Registration STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Jasmine Whitmore Certified Mail Return Receipt: 7013 2250 0002 4094 3785 Whitmore Family Day Care Home DCF ID No. RO90R2273 2455 Atrium Circle Orlando, FL 32808 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department is taking action to revoke your family day care home registration for 2455 Atrium Circle Orlando, FL 32808. The Department's authority and grounds to impose this sanction are explained below. 1. Whitmore Family Day Care Home is registered under chapter 402.313, Florida Statutes, to Operate a registered family day care home known as Whitmore Family Day Care Home. 2. The Department of Children and Families is authorized by section 402.310, Florida Statutes, to sanction the Whitmore Family Day Care Home for violations of child care standards in sections 402.301 — 402.319, Florida Statutes. 3. The revocation of the registration is based on the verified finding of inadequate supervision following an investigation conducted by the Department of Children and Families in which you were named as the caregiver responsible. Pursuant to s. 39.201(6), Florida Statutes, the Department may use information obtained from these reports when making the decision to issue a registration or license to operate a family day care home. Intake Number 2015-099599-01: Verified finding of Inadequate Supervision. A child in your care was found walking down the road away from the child care facility. The child was picked up by two women on their way to work. They dropped her off at another child care facility, who notified law enforcement. It is a misdemeanor of the first degree to operate or attempt to operate a family day care home without a license or without registering with the Department, pursuant to s. 402.319(1) (c) Florida Statutes. If the Department determines you are operating a family day care home without a license or registration, the Department may petition the circuit court to issue an injunction against you under section 402.312, Florida Statutes, and may refer the matter to the State Attorney under section 402.319, Florida Statutes. 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700 Mission: Work in Partnership with Local Communities to Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery and Resiliency RIGHT TO ADMINISTRATIVE PROCEEDING IF YOU BELIEVE THE PROPOSED ACTION DESCRIBED IN THIS ADMINISTRATIVE COMPLAINT IS iN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING IN ACCORDANCE WITH THE ENCLOSED “NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES” Should you have any questions regarding this notification, please contact the Child Care Program Office at (850) 488-4900. Sincerely, “1, ‘tooher OL Lamith dee Dinah Davis, Operation and Management Consultant Manager Office of Child Care Regulation Copy: Richard Forrester, Regional Safety Program Manager Daphine Harvey, Program Analyst Paul Sexton, Assistant General Counsel! Shane Deboard, Assistant Regional Counsel Karen Willis, ELC of Orange County Enclosure: Notification of Rights Under Chapter 120, Florida Statutes NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES IF YOU BELIEVE THE DEPARTMENT'S DECISION IS INERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING UNDER SECTIONS 120.569 AND 120.57, FLORIDA STATUTES, TO CONTEST THE DECISION. YOUR REQUEST FOR AN ADMINISTRATIVE HEARING MUST BE RECEIVED BY THE DEPARTMENT BY 5:00, P.M., NO LATER THAN 21 CALENDAR DAYS AFTER YOU RECEIVED THE DEPARTMENT’S ADMINISTRATIVE COMPLAINT. You must submit your request for an administrative hearing to the Department at the following addresses: Agency Clerk Department of Children and Families 1317 Winewood Blvd, Bldg. 2, Rm. 204 Tallahassee, FL 32399-0700 IF YOUR REQUEST FOR AN ADMINISTRATIVE HEARING IS NOT RECEIVED BY THE DEPARTMENT BY THE ABOVE DEADLINE, YOU WILL HAVE WAIVED YOUR RIGHTS TO A HEARING AND THE DEPARTMENT'S PROPOSED ACTION WILL BE FINAL. ANY DENIAL, SUSPENSION, REVOCATION OR OTHER ACTION CONCERNING YOUR LICENSE OR REGISTRATION WILL BE EFFECTIVE ON THAT DATE OR ON ANY LATER EFFECTIVE DATE STATED IN THE ADMINISTRATIVE COMPLAINT, AND ANY PENALTY OR FINE IMPOSED MUST BE PAID WITHIN 30 DAYS THEREAFTER OR ANY EARLIER TIME PROVIDED IN THE ADMINISTRATIVE COMPLAINT. If you disagree with the facts stated in the Department's administrative complaint, you may request a formal administrative hearing under section 120.57(1), Florida Statutes. At a formal hearing, you may present evidence and arguments on all issues involved, and question the witnesses called by the Department. You have the right to be represented by counsel or other qualified representative. If you do not disagree with the facts stated in the Department’s administrative complaint, you may request an informal administrative hearing under section 120.57(2), Florida Statutes. At an informal hearing, you may present your argument or a written statement for consideration by the Department. You have the right to be represented by counsel or other qualified representative. Your request for an administrative hearing must meet the requirements of Rule 28- 106.2015(5), Florida Administrative Code, must be prepared legibly on 8% by 11 inch white paper, and include all of the following items: (a) Your name, address, email address (if any) and telephone number. (b) The name, address, email address (if any) and telephone number of your attorney or qualified representative, if any. (c) A statement requesting an administrative hearing. (d) A statement of all facts in the administrative complaint with which you disagree. If you do not disagree with any of the facts stated in the administrative complaint, you must say so. (e) A statement of when and how you received the administrative complaint. (f) A statement identifying the file number of the administrative complaint, if shown on the administrative complaint. Section 120.569, Florida Statutes, and rule 28-106.201(4), Florida Administrative Code, require the Department to dismiss your request for hearing if it is not in substantial compliance with the requirements above. Mediation as described in section 120.573, Florida Statutes, is not available. However, other forms of mediation or informal dispute resolution may be available after a timely request for an administrative hearing has been received, if agreed to by all parties, and on such terms as agreed to by all parties. The right to an administrative proceeding is not affected when mediation or informal dispute resolution does not result in a settlement.

Docket for Case No: 16-002165
Issue Date Proceedings
Jun. 20, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jun. 20, 2016 Notice of Filing Settlement Agreement filed.
Jun. 15, 2016 Department's Witness List and Proposed Exhibits filed (exhibits not available for viewing).
Jun. 14, 2016 Witness List and Proposed Exhibits filed.
Jun. 14, 2016 Notice of Appearance/Substitution of Counsel (T. Shane DeBoard) filed.
Apr. 29, 2016 Order of Pre-hearing Instructions.
Apr. 29, 2016 Notice of Hearing by Video Teleconference (hearing set for June 22, 2016; 9:30 a.m.; Orlando and Tallahassee, FL).
Apr. 21, 2016 Response to Initial Order filed.
Apr. 19, 2016 Initial Order.
Apr. 19, 2016 Administrative Complaint filed.
Apr. 19, 2016 Request for Administrative Hearing filed.
Apr. 19, 2016 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer