The Issue 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.
Findings Of Fact Petitioner is charged by law to regulate and inspect all child care facilities in the state of Florida to assure compliance with all licensing standards. Licensing standards are defined by statute and rule. Inspections of licensed facilities are routinely scheduled to verify compliance with all standards. Respondent is licensed by DCF to operate a child care facility at 1720 Rio Grande Avenue, Orlando, Florida 32808. On March 17, 2017, DCF entered a Final Order imposing a fine in the amount of $50.00 against Respondent based upon a Settlement Agreement that acknowledged a violation of the ratio standard for licensed child care facilities. At all times material to the allegations of this case, Respondent was aware of ratio standards applicable to its facility. Moreover, Respondent was aware that DCF performs inspections to assure compliance with the ratio standards. Marquencia Fulton, family service counselor, is employed by Petitioner and routinely performs inspections of licensed child care facilities assigned to her. Ms. Fulton was assigned to inspect Respondent’s facility to verify compliance with licensing standards. On August 17, 2017, Ms. Fulton went to Respondent’s facility to conduct an inspection. Respondent maintains a video system to record all activities within its facility. The video was admitted into evidence by both parties and was reviewed multiple times at hearing. As evidenced by the video and photographs received in evidence, Respondent’s facility is divided into two distinct areas. The front entry area houses infants through toddlers. A door connects the infant room to a rear room housing older preschool children. If left open, the door would allow walking children to enter the rear room where the older children are located. On the date of inspection, Ms. Fulton entered the front area and the door to the rear room was open. As Ms. Fulton moved from the front area to the rear room, she observed a one-year-old child in the lap of a worker in the rear room. Because the one- year-old was in the rear room, DCF considers the licensing standard applicable to one-year-olds to apply to the entire area. Because there were too many children in the rear area (applying the standard applicable to one-year-olds), Petitioner cited Respondent with a ratio violation. Had the one-year-old stayed in his proper area, the facility would have been in compliance with the ratio standard. Had Respondent kept the door between the areas closed and thereby prevented the child from leaving the front area, the facility would have been in compliance with the ratio standard. Respondent had sufficient staff on site to meet the ratio standard had all the children remained in their designated areas, therefore Respondent maintains it was in compliance with the applicable standard. Because Respondent allowed the child to stray to the rear area, thereby requiring more supervision for that area, Petitioner maintains Respondent violated the ratio standard. Respondent failed to comply with the licensing ratio standard on the date of the inspection. Respondent was required to either keep the door closed to prevent children from entering the rear area of the facility or to have more staff to supervise the two areas of the facility. Supervision could not be provided to the rear area by persons standing in the front area of the facility. Similarly, supervision for the front area could not be provided by persons standing in the rear area. In order to meet ratio standards, Respondent was required to keep supervising personnel in the area designated to them and to keep children in their appropriate location. Respondent’s staff met in-service training requirements.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a final order imposing an administrative fine in the amount of $50.00. DONE AND ENTERED this 25th day of May, 2018, in Tallahassee, Leon County, Florida. S J. D. PARRISH Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 25th day of May, 2018. COPIES FURNISHED: Lacey Kantor, Esquire Department of Children and Families Building 2, Room 204Z 1317 Winewood Boulevard Tallahassee, Florida 32399 (eServed) Carolyn Bagley Dennis Bagley Raising Angels CDC, Inc. 1720 South Rio Grande Avenue Orlando, Florida 32805 Brian Christopher Meola, Esquire Department of Children and Families 400 West Robinson Street, Suite S-1129 Orlando, Florida 32801 (eServed) Mike Carroll, Secretary Department of Children and Families Building 1, Room 202 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 (eServed) John Jackson, Acting General Counsel Department of Children and Families Building 2, Room 204F 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 (eServed)
The Issue The issue is whether Petitioner should revoke Respondent's license to operate a child care facility for failing to provide documentation of the director's credential or training.
Findings Of Fact Carlin and Susan Towels created Respondent in 1990. Their daughter, Angel R. Towels, began working part-time taking care of children at the facility in 1998. Ms. Towels was sixteen-years old at that time. In 1999, the minimum standards for child care personnel included a requirement for the director of a child care facility to be credentialed by January 1, 2000. See § 402.305(2)(f), Fla. Stat. (1999). Additionally, the statute mandated that the director's credential would become a required minimum standard for licensing of child care facilities by January 1, 2003. Id. Prior to November 2003, the Leon County Health Department was responsible for inspecting child care facilities and issuing licenses to them in Leon County, Florida. Respondent has been licensed by the Leon County Health Department as child care facility for many years. In 2000, Ms. Towels began working full-time as part of Respondent's staff. She became the licensed owner and operator/director in 2002. Ms. Towels has never been credentialed to act as Respondent's director because she has not completed a required course of study that would earn her a Child Development Associate (CDA) degree, certificate, or equivalent recognition. Ms. Towels' father was never credentialed to act as Respondent's director. He completed the CDA class but he never passed the examination for the required class entitled Behavior, Observation, and Screening (BOS). In February 2002, the Leon County Health Department sent Ms. Towels a document entitled "Reminder Notice of Director Credential Requirement." Ms. Towels signed the document indicating that she was aware of the need for Respondent's director to be properly credentialed by January 1, 2003, pursuant to Section 402.305(2)(f), Florida Statutes (2001). In 2002, the Legislature amended the statute requiring credentials for directors of child care facilities as a condition of licensing. Section 402.305(2)(f), Florida Statutes (2002), required directors to be properly credentialed by January 1, 2004, instead of January 1, 2003. The most recent license issued to Respondent by the Leon County Health Department was effective January 9, 2003, through January 9, 2004. The license authorized Respondent to care for a maximum of 23 children based on the square footage in the facility. At some point in time, the Leon County Health Department amended the license, authorizing Respondent to care for a maximum of 19 children. The Leon County Health Department amended the license at Respondent's request. Respondent made the request based on the mistaken belief that documentation establishing its director's credentials would not be required for a facility that cared for no more than 19 children. Around November 2003, Petitioner assumed the duties previously performed by the Leon County Heath Department relative to inspections and licensing of child care facilities in Leon County, Florida. In an on-site visit in November or December 2003, Petitioner's staff discussed the need for Respondent's director to be properly credentialed by January 1, 2004. In a letter dated December 31, 2003, Petitioner reminded Respondent of the minimum standard licensing requirement for credentials beginning January 1, 2004. The letter requested Respondent to provide Petitioner with a copy of its director's credential or the director's training transcript within 10 business days. The letter advised that Petitioner would issue Respondent a provisional license, not to exceed six months, if Respondent failed to provide the required documentation. According to the letter, if Respondent failed to comply with the credential requirement within the provisional- license period, Petitioner intended to initiate administrative action to revoke Respondent's license. In a letter dated January 28, 2004, Petitioner again advised Respondent that it was not in compliance with the statute. Petitioner's letter requested Respondent to provide monthly updates on the director's progress toward earning a credential or the facility's progress in hiring a director with the appropriate credential. The letter clearly stated that if Respondent's director was not credentialed at the end of the provisional-license period, Petitioner would take action to revoke Respondent's license. Petitioner enclosed Respondent's provisional license with the January 28, 2004, letter. The provisional license was effective January 2, 2004, through July 2, 2004. The provisional license authorized Respondent to care for 23 children based on the square footage of the facility as stated in Respondent's most recent application for renewal of license. In a letter dated June 1, 2004, Petitioner once again reminded Respondent the director's credential was a minimum licensing requirement. The letter asserted Petitioner's intent to revoke Respondent's license if Respondent did not comply with the requirement for a credentialed director by July 2, 2004. On or about July 12, 2004, Petitioner issued an Administrative Complaint. The complaint alleged that Respondent's director was not properly credentialed and that Petitioner intended to revoke Respondent's license. After Petitioner issued the Administrative Complaint, Petitioner continued to contact Respondent to see if Respondent was making progress in complying with the credential requirement. There were two telephone contacts in July 2004, on-site visits in August and November 2004, and a re-inspection most recently on January 6, 2005. In July 2004, Ms. Towels registered for a course equivalent to the CDA degree. However, she dropped out of the class before completing it. In January 2005, Ms. Towels enrolled in another CDA class, which she had not completed by the time that the hearing commenced. The class Ms. Towels is attending is approximately a one-semester course that students may complete within six months.
Recommendation Based on the forgoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That Petitioner enter a final order revoking Respondent's license. DONE AND ENTERED this 1st day March, 2005, in Tallahassee, Leon County, Florida. S SUZANNE F. HOOD 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 1st day of March, 2005. COPIES FURNISHED: Mary Ellen McDonald, Esquire Department of Children and Family Services 2639 North Monroe Street Building A, Suite 100A Tallahassee, Florida 32399-0700 Angel Towels Luv-A-Lot Child Care Center 2501 Lake Bradford Road Tallahassee, Florida 32310 Joe Garwood, Agency Clerk Department of Children and Family Services Building 2, Room 204B 1371 Winewood Boulevard Tallahassee, Florida 32399-0700 Josie Tomayo, General Counsel Department of Children and Family Services Building 2, Room 204B 1317 Winewood Boulevard Tallahassee, Florida 32399-0700
