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DEPARTMENT OF CHILDREN AND FAMILIES vs RAISING ANGELS CHILD DEVELOPMENT CENTER, 18-001021 (2018)

Court: Division of Administrative Hearings, Florida Number: 18-001021 Visitors: 5
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: RAISING ANGELS CHILD DEVELOPMENT CENTER
Judges: J. D. PARRISH
Agency: Department of Children and Family Services
Locations: Orlando, Florida
Filed: Feb. 26, 2018
Status: Closed
Recommended Order on Friday, May 25, 2018.

Latest Update: Jul. 17, 2018
Summary: Whether the Department of Children and Families (DCF or Petitioner) should impose sanctions against Respondent, Raising Angels Child Development Center (Respondent), for alleged violations in the operation of a child care center.Respondent failed to comply with staff-to-children ratio when allowed one-year-old to stray to older room.
KM_C364e-20180717090558


JUL 16 2018

STATE OF FLORIDA O

DEPARTMENT OF CHILDREN AND FAMILIES CF Department Clerk


DEPARTMENT OF CHILDREN AND FAMILIES,


Petitioner,

v.

CASE NOS. 18-1021

18-1112

RENDITION No. DCF-18-M -Fo


RAISING ANGELS CHILD DEVELOPMENT CENTER,


Respondent.

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

FINAL ORDER

THIS CAUSE is before me for entry of a final order concerning the Department's Administrative Complaints signed August 31, 2017, and December 27, 2017. The August 31, 2017, complaint imposed an administrative fine of $50 for a Class II violation of Rule 65C-22.001(4)(a)&(b)1.&2., F.A.C. The December 27, 2017, complaint imposed a $25 administrative fine for a Class Ill violation of Rule 65C-22.003(6)(a), F.A.C. The Recommended Order, dated May 25, 2018, concluded that the Department did satisfy its burden of proof in respect to the August 31, 2017, administrative complaint, and recommended that the complaint be upheld. The Recommended Order further found that the December 27, 2017, complaint allegations were not proven. Neither party filed exceptions to the Recommended Order.

Accordingly, the Recommended Order is approved and adopted. The Administrative Complaint signed August 31, 2017, is UPHELD and the Administrative Complaint signed December 27, 2017, is DISMISSED.


1


Filed July 17, 2018 11:40 AM Division of Administrative Hearings


day of

>, DONE AND ORDERED at Tallahassee, Leon County, Florida, this¼ ,J./.._,

Vv)v; , 2018 .

r    ""-" ----

M ike Carroll, Secretary


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


Brian Meola, Esq. Assistant General Counsel

Department of Children and Families 400 W. Robinson St., Ste. S-1129 Orlando, FL 32801


Dennis Bagley, Owner Raising Angels CDC, Inc. 1720 S. Rio Grande Ave. Orlando, FL 32805

Claudio Llado, Clerk

Division of AdministrativeHearings Three DeSoto Building

1230 Apalachee Parkway

Tallahassee, FL 32399


Lacey Kantor, Agency Clerk


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

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


2


Docket for Case No: 18-001021
Issue Date Proceedings
Jul. 17, 2018 Agency Final Order filed.
Jul. 17, 2018 Agency Final Order filed.
May 29, 2018 Transmittal letter from Claudia Llado forwarding duplicate exhibits to Petitioner.
May 25, 2018 Recommended Order (hearing held April 19, 2018). CASE CLOSED.
May 25, 2018 Recommended Order cover letter identifying the hearing record referred to the Agency.
May 09, 2018 Petitioner's Proposed Recommended Order filed.
May 09, 2018 Petitioner's Proposed Recommended Order (filed in Case No. 18-001112).
Apr. 30, 2018 Respondent's Motion to Compel Additional Discovery filed.
Apr. 19, 2018 CASE STATUS: Hearing Held.
Apr. 18, 2018 Respondent's Motion to Compel Additional Discovery filed.
Apr. 16, 2018 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Apr. 13, 2018 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Apr. 12, 2018 Witnesses for the Department; Proposed Exhibits for the Department filed.
Mar. 22, 2018 Notice of Hearing by Video Teleconference (hearing set for April 19, 2018; 9:00 a.m.; Orlando and Tallahassee, FL).
Mar. 15, 2018 Order of Consolidation (DOAH Case Nos. 18-1021 and 18-1112).
Mar. 07, 2018 Joint Response to Initial Order filed.
Feb. 27, 2018 Initial Order.
Feb. 26, 2018 Administrative Complaint filed.
Feb. 26, 2018 Request for Administrative Hearing filed.
Feb. 26, 2018 Notice (of Agency referral) filed.

Orders for Case No: 18-001021
Issue Date Document Summary
Jul. 16, 2018 Agency Final Order
Jul. 16, 2018 Agency Final Order
May 25, 2018 Recommended Order Respondent failed to comply with staff-to-children ratio when allowed one-year-old to stray to older room.
Source:  Florida - Division of Administrative Hearings

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