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PARENT SUPPORT, LLC, D/B/A CARES TREATMENT vs DEPARTMENT OF CHILDREN AND FAMILIES, 18-000234 (2018)

Court: Division of Administrative Hearings, Florida Number: 18-000234 Visitors: 19
Petitioner: PARENT SUPPORT, LLC, D/B/A CARES TREATMENT
Respondent: DEPARTMENT OF CHILDREN AND FAMILIES
Judges: D. R. ALEXANDER
Agency: Department of Children and Family Services
Locations: Orlando, Florida
Filed: Jan. 11, 2018
Status: Closed
Recommended Order on Thursday, September 27, 2018.

Latest Update: Oct. 25, 2018
Summary: The issue is whether Petitioner's applications to renew licenses for two Residential Level II facilities in Davenport, Florida, should be denied and a $2,500.00 fine imposed for the reasons given in the Department of Children and Families' (Department) Amended Denial of Applications & Imposition of Fines issued on February 8, 2018.Agency proved by clear and convincing evidence that Petitioner violated chapter 397 and that license renewal applications should not be approved.
KM_C364e-20181025160945


OCT 2 5 2018



STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES


PARENT SUPPORT, LLC, d/b/a CARES TREATMENT,

DCF Department Clerk


Petitioner,

V.

CASE NO. 18-0230 AND 18-0234 RENDITION NO. DCF-18-.It:Sl-FO


DEPARTMENT OF CHILDREN AND FAMILIES,


Respondent.

--------------'

FINAL ORDER

THIS CAUSE is before me for entry of a final order concerning the Department's Amended Denial of Applications & Imposition of Fines signed February 8, 2018; denying Petitioner's two license applications, citing Petitioner for five statutory violations, and imposing a $2,500.00 administrative fine. The Recommended Order, dated September 27, 2018, concluded that Petitioner's licensure applications were properly denied , finding that the Department satisfied its burden of proving the violations in Counts I, II, Ill, and V, by clear and convincing evidence but found that Count IV had not been proven. Additionally , the Recommended Order denied the imposition of administrative fines. Neither party filed exceptions to the Recommended Order.

Accordingly, the Recommended Order is approved and adopted and the February 8, 2018, Administrative Compla int is UPHELD in part and DENIED in part, as outlined in the aforementioned paragraph.


1


Filed October 25, 2018 4:09 PM Division of Administrative Hearings

DONE AND ORDERED at Tallahassee, Leon County, Florida, this _2::2

day of Oc.tober , 2018.


NOTICE OF RIGHT TO APPEAL


THIS ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE APPEALED BY A PARTY PURSUANT TO SECTION 120.68, FLORIDA STATUTES, AND RULES 9.110 AND 9.190, FLORIDA RULES OF APPELLATE PROCEDURE. SUCH APPEAL IS INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DEPARTMENT OF CHILDREN AND FAMILIES AT 1317 WINEWOOD BOULEVARD, BUILDING 2, ROOM 204, TALLAHASSEE, FLORIDA 32399-0700, AND A SECOND COPY ALONG WITH THE FILING FEE AS PRESCRIBED BY LAW, IN THE DISTRICT COURT OF APPEAL WHERE THE PARTY RESIDES OR IN THE FIRST DISTRICT COURT OF APPEAL. THE NOTICE OF APPEAL MUST BE FILED (RECEIVED) WITHIN 30 DAYS OF RENDITION OF THIS ORDER.1


Copies furnished to the following via U.S. Mail on date of Rendition of this Order.2


T. Shane Deboard, Esq. Chief Legal Counsel

Department of Children and Families 400 W. Robinson St.

Orlando, FL 32801


Robert Torres, Jr. Parent Suppor,t LLC

8297 Champions Gate Blvd. Champions Gate, FL 33896

Claudio Llado, Clerk

Division of Administrative Hearings Three DeSoto Building

1230 Apalachee Parkway Tallahassee , FL 32301



1 The date of the "rendition" of this Order is the date that is stamped on its first page.

2 The date of "rendition" of this Order is the date that is stamped on its first page.


2


Docket for Case No: 18-000234
Issue Date Proceedings
Oct. 25, 2018 Agency Final Order filed.
Oct. 05, 2018 Transmittal letter from Claudia Llado forwarding Petitioner's Exhibits to Petitioner.
Sep. 27, 2018 Recommended Order cover letter identifying the hearing record referred to the Agency.
Sep. 27, 2018 Recommended Order (hearing held June 25, 2018). CASE CLOSED.
Sep. 21, 2018 Petitioner's Proposed Recommended Order (filed in Case No. 18-000234).
Sep. 19, 2018 Respondent's Proposed Recommended Order filed.
Aug. 22, 2018 Notice of Filing Transcript.
Aug. 22, 2018 Transcript of Proceedings Volumes I-II (not available for viewing) filed.
Jun. 25, 2018 CASE STATUS: Hearing Held.
Jun. 22, 2018 Witnesses for the Petitioners (filed in Case No. 18-000234).
Jun. 21, 2018 Petitioner's Proposed Exhibits filed (USB drive, exhibits not available for viewing).
Jun. 21, 2018 Proposed Third Set of Supplemental Exhibits for the Petitioner (filed in Case No. 18-000234).
Jun. 20, 2018 Petitioner's Motion for Official Recognition of Federal and State Laws (filed in Case No. 18-000234).
Jun. 20, 2018 Proposed Second Set Supplemental Exhibits for the Petitioner (filed in Case No. 18-000234).
Jun. 20, 2018 USB Drive (not available for viewing) filed.
Jun. 20, 2018 Motion to Strike Respondents' Claim for Fraud on the Court, Spoliation, and Discovery Abuse and alternative Motion for Other Sanctions (2nd set of Exhibits Aa-Ba; filed in Case No. 18-000234).
Jun. 20, 2018 Motion to Strike Respondents' Claim for Fraud on the Court, Spoliation, and Discovery Abuse and alternative Motion for Other Sanctions (Exhibits A-Z; filed in Case No. 18-000234).
Jun. 20, 2018 Motion to Compel Discovery Reqponses to Interrogatories (filed in Case No. 18-000234).
Jun. 20, 2018 Motion to Compel Request for Admissions (filed in Case No. 18-000234).
Jun. 20, 2018 Motion to Compel Request for Production (filed in Case No. 18-000234).
Jun. 19, 2018 Order Denying Motion to Strike.
Jun. 19, 2018 Respondent's Motion for Official Recognition filed.
Jun. 19, 2018 Objection to Petitioner's Proposed Exhibits filed.
Jun. 19, 2018 Witnesses for the Department; Exhibits for the Department filed.
Jun. 19, 2018 Supplemental Petitioners Exhibit List AAa-ABe (filed in Case No. 18-000234).
Jun. 19, 2018 Witnesses for the Petitioners; Proposed Exhibits for the Petitioner (Supplemental Petitioners Exhibit List Aa-Az; filed in Case No. 18-000234).
Jun. 19, 2018 Witnesses for the Petitioners; Proposed Exhibits for the Petitioner Exhibit List A-Z (filed in Case No. 18-000234).
Jun. 18, 2018 Witnesses the Petitioners and Proposed Exhibits for the Petitioners (filed in Case No. 18-000234).
Jun. 18, 2018 (Amended) Motion to Strike Redundant, Immaterial, Impertinent, or Scandalous Matter (filed in Case No. 18-000234). (not available for viewing.) 
 Confidential document; not available for viewing.
Jun. 18, 2018 Motion to Strike Redundant, Immaterial, Impertinent, or Scandalous Matter (filed in Case No. 18-000234).
Jun. 15, 2018 Order Denying Motion for Continuance.
Jun. 15, 2018 Order Denying Motion for Reconsideration.
Jun. 15, 2018 Objection to Motion for Continuance filed.
Jun. 14, 2018 Motion for Continuance (filed in Case No. 18-000234).
Jun. 14, 2018 Objection to Opposition to Non-party's Response to Petitioner's Motion to Reconsider Order to Quash Subpoena (filed in Case No. 18-000234). (not available for viewing) 
 Confidential document; not available for viewing.
Jun. 14, 2018 Memorandum in Response to Order Granting Verified Motion to Quash (filed in Case No. 18-000234). (not available for viewing.) 
 Confidential document; not available for viewing.
Jun. 13, 2018 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Jun. 13, 2018 Second Supplemental Exhibits for the Department filed.
Jun. 13, 2018 Non-Party's Response to Petitioner's Motion to Reconsider Order to Quash Subpoena filed.
Jun. 12, 2018 Order Granting Verfied Motion to Quash.
Jun. 12, 2018 Department of Children and Families' Response to Amended Third Request for Admissions filed.
Jun. 12, 2018 Department of Children and Families' Response to Third Request for Admissions filed.
Jun. 11, 2018 Petitioner's Motion to Compel Attendance (filed in Case No. 18-000234).
Jun. 11, 2018 Petitioner's Amended Third Request for Admission (filed in Case No. 18-000234).
Jun. 08, 2018 Verified Motion to Quash filed.
Jun. 08, 2018 Petitioner's Third Request for Admissions (filed in Case No. 18-000234).
Jun. 06, 2018 Return of Service (for Olivia Grimmich; filed in Case No. 18-000234).
Jun. 06, 2018 Affidavit of Service (of Dawn Biehl; filed in Case No. 18-000234).
Jun. 05, 2018 Response to Motion to Reconsider Order to Quash Non-party Subpoena filed.
Jun. 05, 2018 Notice of Ex Parte Communication.
Jun. 01, 2018 Motion to Reconsider Order to Quash Non-Party Subpoena (filed in Case No. 18-000234) (not available for viewing). 
 Confidential document; not available for viewing.
May 31, 2018 Department of Children and Families' Response to Fourth Request for Production filed.
May 31, 2018 Department of Children and Families' Response to Third Set of Interrogatories filed.
May 31, 2018 Department of Children and Families' Response to Third Request for Production filed.
May 30, 2018 Deposition filed.
May 30, 2018 Deposition filed.
May 30, 2018 Letter to Judge Alexander from T. Shane DeBoard Regarding Depositions filed.
May 30, 2018 Deposition filed.
May 29, 2018 Order Granting Motion by Non-Party to Quash Subpoena.
May 29, 2018 Order Granting Motion to Quash Subpoena.
May 29, 2018 Department of Children and Families' Response to Second Request for Production filed.
May 29, 2018 Department of Children and Families' Response to Second Set of Interrogatories filed.
May 24, 2018 Verified Motion to Quash Service filed.
May 22, 2018 Subpoena Duces Tecum (filed in Case No. 18-000234).
May 21, 2018 Department of Children and Families' Response to Amended Request for Production filed.
May 21, 2018 Department of Children and Families' Responses to First Set of Interrogatories filed.
May 21, 2018 Department of Children and Families' Response to Second Request of Admissions filed.
May 21, 2018 Department of Children and Families' Response to First Request of Admissions filed.
May 18, 2018 Motion by Non-party to Quash Subpoena filed.
May 18, 2018 Notice of Appearance filed.
May 14, 2018 Petitioner's Fourth Requests for Production (filed in Case No. 18-000234).
May 11, 2018 Respondent's Supplemental Exhibits filed (exhibits not available for viewing).
May 10, 2018 Amended Subpoena Duces Tecum Olivia Grimmich (filed in Case No. 18-000234).
May 10, 2018 Amended Subpoena Duces Tecum (Olivia Grimmich; filed in Case No. 18-000234).
May 09, 2018 Amended Subpoena Duces Tecum - (OG; filed in Case No. 18-000234).
May 04, 2018 Subpoena Duces Tecum (Riley Ann Biehl; filed in Case No. 18-000234).
May 04, 2018 Subpoena Duces Tecum (John Grimmich; filed in Case No. 18-000234).
May 04, 2018 Subpoena Duces Tecum (Valeria Ann Biehl; filed in Case No. 18-000234).
May 04, 2018 Subpoena Duces Tecum (Dawn Royer Biehl; filed in Case No. 18-000234).
May 04, 2018 Subpoena Duces Tecum (Brian Robert Biehl; filed in Case No. 18-000234).
May 04, 2018 Petitioner's Third Set of Interrogatories to Respondent (filed in Case No. 18-000234).
May 04, 2018 Petitioner's Third Requests for Production (filed in Case No. 18-000234).
May 03, 2018 Supplemental Exhibits for the Department filed.
May 02, 2018 Subpoena Duces Tecum (Olivia Grimmich; filed in Case No. 18-000234).
Apr. 30, 2018 Petitioner's Response to Respondent's First Requests for Production (filed in Case No. 18-000234).
Apr. 30, 2018 Petitioner's Second Set of Interrogatories to Respondent (filed in Case No. 18-000234).
Apr. 30, 2018 Respondent's First Request for Production filed.
Apr. 30, 2018 Petitioner's Second Requests for Production (filed in Case No. 18-000234).
Apr. 30, 2018 Petitioner's Second Request for Admissions to Respondent (filed in Case No. 18-000234).
Apr. 26, 2018 Petitioner's First Request for Admissions to Respondent (filed in Case No. 18-000234).
Apr. 25, 2018 Amended Petitioner's Notice of Serving First Set of Interrogatories to Respondent (filed in Case No. 18-000234).
Apr. 25, 2018 Petitioner's Notice of Serving First Set of Interrogatories to Respondent (filed in Case No. 18-000234).
Apr. 24, 2018 Notice of Taking Deposition filed.
Apr. 24, 2018 Notice of Taking Deposition filed.
Apr. 24, 2018 Notice of Taking Deposition filed.
Apr. 23, 2018 Petitioner's Amended Requests for Production (filed in Case No. 18-000234). (Filed in error.)
Apr. 20, 2018 FOIA Appeal (filed in Case No. 18-000234).
Apr. 19, 2018 Order Denying Amended Motion to Relinquish Jurisdiction.
Apr. 18, 2018 CASE STATUS: Motion Hearing Held.
Apr. 10, 2018 Petitioner's Memorandum in Opposition to Respondent's Amended Motion to Relinquish Jurisdiction (filed in Case No. 18-000234).
Apr. 06, 2018 Amended Motion to Relinquish Jurisdiction filed.
Apr. 04, 2018 Motion to Relinquish Jurisdiction filed.
Apr. 02, 2018 Department's Proposed Exhibits filed (exhibits not available for viewing).
Apr. 02, 2018 Notice Filing (Verified Return of Service) filed.
Mar. 30, 2018 Witnesses for the Department (and Exhibit List) filed.
Mar. 30, 2018 Response to Petitioner's First Request for Production filed.
Mar. 20, 2018 Second Notice of Hearing (hearing set for June 25 and 26, 2018; 9:30 a.m.; Orlando, FL; amended as to ).
Mar. 20, 2018 Order Granting Joint Motion for Continuance (parties to advise status by March 31, 2018).
Mar. 19, 2018 Joint Motion for Contiuance filed.
Mar. 19, 2018 Withdrawal of Objection to Motion for Continuance filed.
Mar. 19, 2018 Response to Petitioner's Motion for Continuance filed.
Mar. 19, 2018 Petitioner's Response of Agreement with Respondent's Request for Motion for Continuance (filed in Case No. 18-000234).
Mar. 19, 2018 FOIA - Public Records Request (filed in Case No. 18-000234).
Mar. 14, 2018 Petitioner's First Request for Production (filed in Case No. 18-000234).
Mar. 14, 2018 Petitioner's Response to Amended Settlement Agreement v.3 (filed in Case No. 18-000234).
Mar. 02, 2018 Counter Offer to Settlement Agreement filed.
Feb. 16, 2018 Order Granting Motion to Amend.
Feb. 08, 2018 Motion to Amend (filed in Case No. 18-000234).
Feb. 08, 2018 Motion to Amend filed.
Jan. 22, 2018 Notice of Hearing (hearing set for April 11 and 12, 2018; 9:30 a.m.; Orlando, FL).
Jan. 22, 2018 Order of Pre-hearing Instructions.
Jan. 22, 2018 Order of Consolidation (DOAH Case Nos. 18-0230, 18-0234).
Jan. 22, 2018 Response to Intial Order filed.
Jan. 12, 2018 Initial Order.
Jan. 11, 2018 Request for Hearing filed.
Jan. 11, 2018 Denial of Application to Renew License at 389 Sand Ridge Drive, Davenport, Florida 33896 filed.
Jan. 11, 2018 Notice (of Agency referral) filed.

Orders for Case No: 18-000234
Issue Date Document Summary
Oct. 25, 2018 Agency Final Order
Sep. 27, 2018 Recommended Order Agency proved by clear and convincing evidence that Petitioner violated chapter 397 and that license renewal applications should not be approved.
Source:  Florida - Division of Administrative Hearings

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