20-001900 Department Of Children And Families vs. Parramore Christian Center Status: Closed Recommended Order on Thursday, July 16, 2020.

Summary: The Department properly denied an initial application for a license to operate a child care facility pursuant to section 402.310(1)(b)3 due to the history of multiple violations committed by the same owner/operator.

S TATE OF F LORIDA

D IVISION OF A DMINISTRATIVE H EARINGS

D EPARTMENT OF C HILDREN A ND

F AMILIES ,

Petitioner ,

Case No. 20 - 1900

vs.

P ARRAMORE C HRISTIAN C ENTER ,

Respondent .

/

R ECOMMENDED O RDER

The final hearing in this matter was conducted before Brian A. Newman,

Administrative Law Judge of the Division of Administrative Hearings,

pursuant to sections 120.569 and 120.57(1), Florida Statutes (2019), on

May 22 , 2020, by video tel econference at sites in Tallahassee and Altamonte

Springs, Florida.

A PPEARANCES

For Petitioner: Brian Christopher Meola, Esquire

Department of Children and Families

400 West Robinson Street , Suite S - 1129

Orlando, Florida 32801

For Respondent: CaSarah Henderson , pro se

Little Kings and Queens Learning Center

800 West Central Boulevard

Orlando, Florida 32805

S TATEMENT OF T HE I SSUE

Whether the application filed by CaSarah Henderson to obtain a license to

operate a child care fa cility through an entity known as Parramore Christian

Center should be granted or denied.

P RELIMINARY S TATEMENT

On October 29, 2019, Ms. Henderson filed an application with the

Department of Children and Families (Department) to obtain a child care

facilit y license for Parramore Christian Academy. On March 9, 2020, the

Department denied that application based upon the assertion that

Ms. Henderson had a history of multiple violations operating child care

facilities at the same location from 2015 through earl y 2019.

The final hearing was held on May 22, 2020, by video teleconference at

sites in Altamonte Springs and Tallahassee, Florida, and was completed in

one day. At the final hearing, the Department presented the testimony of

Christina Bryant, Shelley Tinn ey, Linda Halpin, Erica Simone Baker, and

Jennifer Rodriguez. PetitionerÔs Exhibits A through G were admitted into

evidence. Ms. Henderson testified on he r own behalf.

A one - volume Transcript was filed on June 16, 2020. The parties timely

filed Proposed R ecommended Orders, which have been considered in the

preparation of this Recommended Order.

F INDINGS OF F ACT

1. The Department is the state agency charged with regulating licensed

child care providers in the State of Florida.

2. CaSarah Henderson owns 80 percent of Parramore Christian Academy,

an entity organized for the purpose of operating a child care facility.

3 . On October 29, 2019, Ms. Henderson filed an application with the

Department to obtain a child care provider license for Parramore Christian

Academy to enable her to operate a child care facility at 800 W est Central

Boulevard in Orlando, Florida. 1 On March 9, 2020, the Department denied

that application based upon Ms. HendersonÔs hi story of multiple violations

operating another child care fa cility at the same location known as Little

Kings and Queens Learning Center (ÑLittle Kings and QueensÒ). The

Department also denied the Parramore Christian Academy license

application based upon the assertion that Ms. Henderson had a history of

violations in the operation of a second child care facility Ð also operated at the

same location Ð known as Beautiful Angels Academy.

4 . T he Department has proven that Ms. Henderson has a history of

multiple violations while operating Little Kings and Queens. The

Depa rtment did not prove, however, that Ms. Henderson owned or operated

Beautiful Angels Academy, and the history of violations committed through

the operation of Beautiful Angels Academy will not be considered a basis to

deny the Parramore Christian Academy l icense filed by Ms. Henderson.

Little Kings and Queens

5 . Ms. Henderson was the sole owner and operator of a licensed child care

facility known as Little Kings and Queens located at 800 W est Central

Boulevard in Orlando, Florida.

6 . On May 5, 2017, the De partment filed an Administrative Complaint

against Little Kings and Queens, citing two supervision violations 2 that

occurred on November 2, 2015 , and April 7, 2017 , and five ratio violations 3

1 Neither party offered the application that Ms. Henderson filed as the owner/operator of

Parramore Chri stian Academy as an exhibit. The Department has not alleged that the

application was incomplete or deficient in any way. Rather, the sole basis for the denial of

the Parramore Christian Academy license application is Ms. HendersonÔs history of multiple

vio lations and fines incurred in the operation of child care centers she previously owned and

operated on the same property. As such, the undersigned presumed for the purpose of this

Recommended Order that the Parramore Christian Academy application was compl ete and

otherwise comported with the applicable statutory and rule requirements necessary to obtain

a child care license.

2 A supervision violation occurs when a childÔs activities are not adequately supervised at the

child care center. Fla. Admin. Code R . 65C - 22.001(5)(a) ( 2016) .

3 A ratio violation occurs when the prescribed ratio of staff to children has not been met. Fla.

Admin. Code R . 65C - 22.001(4) (2016).

that occurred on March 21, 2017, April 4, 2017, April 7, 2017, A pril 1 1, 2017,

and April 18, 2017. All of the violations charged in the Administrative

Complaint were Class II violations , the second most severe violation

category . 4

7 . T he Administrative Complaint sought fines totaling $1,385 and a 30 -

day suspension of Little Kings and QueensÔ child care provider license. That

action was settled on August 1, 2017. In the settlement agreement that

resolved that case (ÑSettlement AgreementÒ) , Little Kings and Queens

admitted to the violations of the supervision rule and ra tio rule as charged in

the Administrative Complaint, and agreed to pay a $500 fine. Little Kings

and Queens also agreed to be placed on probation for thr ee months in lieu of

the 30 - day license suspension sought in the Administrative Complaint. The

S ettleme nt A greement also states:

If the Department initiates an administrative

action against Little Kings and Queens in the

future, for any reason, the Department shall not be

required to re - prove the [supervision and ratio

violations admitted to in the settlem ent

agreement].

8 . On November 1, 2017, Little Kings and Queens filed an application to

renew its child care provider license. On December 7, 2017, t he Department

4 When the Administrative Complaint was filed, the Department categorize d violations into

four severity categories: Class I , Class II, Class III and Technical Support violations. See Fla.

Admin. Code R. 65C - 22.010(d) (2016). Class I violations are the most serious in nature,

pose an imminent threat to a child including abuse or neglect and which co uld or does result

in death or serious harm to the health, safety or well - being of a child. Fla. Admin. Code

R. 65C - 22.010(d)1. Class II violations are less serious in nature than Class I violations, and

could be anticipated to pose a threat to the health, safety or well - being of a child, although

the threat is not imminent. Fla. Admin. Code R. 65C - 22.010(d)2. Class III violations are less

serious in nature than either Class I or Class II violations, and pose a low potential for harm

to children. Fla. Admin . Code R. 65C - 22.010(d)3. Technical Support Violations are the first or

second occurrence of noncompliance of an individual Class III standard or the first

occurrence of noncompliance of an individual Class II standard. Fla. Admin. Code R. 65C -

22.010(d)4. Rule 65C - 22.010 was amended on October 25, 2017 , to eliminate the Technical

Support violation categories. The amendment also redefined Class I violations, but Class I

remained the most serious violation category.

issued a notice of intent to deny the renewal application ( Ñ Notice of Intent Ò )

because it found more violations when the facility was on probation.

Specifically, the Department found Class II ratio violations on August 1,

2017 , and September 27, 2017.

9 . In addition, the Department charged three separate Class I violations

because on October 26, 2017, a two - year - old boy left Little Kings and Queens,

unsupervised, and was found at a bus sta tion down the street by a good

s amaritan who reported the incident. Ms. Henderson was also accused of

providing false information to law enforcement regardin g this incident.

Specifically, she was accused of falsely claiming that the two - year - old boy ran

out the door when she opened the door to take out the trash, but returned to

the center immediately. The Notice of Intent sought total fines of $1,700 for

the new Class I and Class II violations in addition to the non - renewal of the

license .

10 . The Notice of Intent also cites the history of Class II violations

admitted to in the Settlement Agreement as a basis to non - renew.

11 . The Notice of Intent indicates it was hand - delivered to Ms. Henderson,

and provides notice of her right to request a hearing to challenge the denial of

the renewal application. Ms. Henderson denies having received the Notice of

Intent. The Department did not offer any testimony from the i ndividual who

hand - delivered the Notice of Inten t to Ms. Henderson, and did not offer any

other proof of delivery. Nevertheless, Ms. Henderson admits to surrendering

the Little Kings and Queens license in December of 2017 to avoid fighting

over the renewal of the license, and admits that she kne w there were

unresolved violations and pending fines when she surrend ered the license. I t

is reasonable to infer based upon Ms. HendersonÔs surrender of the license

with this knowledge that she received the Notice of Intent and therefore had

actual knowledge of the charges pending as identified in the Notice of Intent

when she surrendered the license.

12 . Ms. Henderson did not request a hearing to contest the non - renewal of

the Little Kings and Queens license, or the fines sought therein, and the

Notice of Intent became final. See £ 402.310(2), Fla. Stat. (2017)(ÑIf the

applicant, registrant, or licensee makes no written request for a hearing to

the local licensing agency within 15 days after receipt of the notice, th e

license shall be deemed denied, suspended, or revoked; the license or

registration shall be converted to probation status; or an administrative fine

shall be imposed.Ò). The fines assessed in the Notice of Intent totaling $1,700

have not been paid.

13 . A s to the grounds for non - renewal identified in the Notice of Intent,

Ms. Henderson admitted when she testified at the final hearing that the two -

year - old wandered off the property without supervision o n October 26, 2017.

Although Ms. Henderson did not stat e that she agreed with the ratio

violations cited during the inspections that occurred on August 1, 2017 , and

September 27, 2017, she acknowledged that she received notice of them and

offered no evidence to contest these ratio violations at the final heari ng .

14 . For all of these reasons, the undersigned finds that Ms. Henderson has

a history of multiple violations during the operation of Little Kings and

Queens child care center , as stipulated to in the Settlement Agreement, and

as charged in the Notice of Intent .

Beautiful Angels Academy

15 . The Department contends that Ms. Henderson owned and operated a

child care facility under the name Beautiful Angels Academy, also located at

800 W est Central Boulevard in Orlando, Florida, after she surrendered the

chi ld care facility license for Little Kings and Queens.

16 . The record owner of Beautiful Angels Academy was Kim Holman,

Ms. HendersonÔs mother. The Department contends that Ms. Holman was the

owner in name only, and that Ms. Henderson was the real owner an d

operator of Beautiful Angels Academy.

17 . Ms. Henderson testified that she volunteered to work part - time at

Beautiful Angels Academy and that Ms. Holman also paid her a consultant

fee, but denies that she owned or operated Beautiful Angels Academy. The

DepartmentÔs evidence to the contrary is based largely on hearsay, primarily

statements made from unidentified employees of Beautiful Angels Academy

to Department child protective investigators. The Department also relies on

the fact that Ms. Henderson was found on site at Beautiful Angels Academy

during a comp laint inspection on February 13 , 2019. Ms. Henderson testified

that she was on the premises because her children received day care at

Beautiful Angels Academy.

18 . This evidence falls short of establi shing that Ms. Henderson was the

real owner and opera tor of Beautiful Angels Academy, and the history of

violations committed in the operation of Beautiful Angels Academy is not a

proper additional reason to deny the license application Ms. Henderson

submi tted for Parramore Christian Academy.

C ONCLUSIONS OF L AW

19 . The Division of Administrative Hearings has jurisdiction over the

parties and the subject of this proceeding, pursuant to sections 120.569 and

120.57(1).

Burden of Proof

20 . The Respondent has t he ultimate burden to prove entitlement t o the

license applied for by a preponderance of the evidence. DepÔt of Transp. v.

J. W. C. Co ., 396 So. 2d 778 (Fla. 1st DCA 1981) ; and § 120.57(1)(j), Fla. Stat.

But because the Department has alleged that the lice nse sought here should

be denied because the applicant is unfit due to a history of multiple

violations, the Department must prove unfitness by a preponderance of the

evidence. DepÔt of Child. & Fams. v. Davis Fam. Day Care Home , 160 So. 3d

854, 857 (Fla. 2015); DepÔ t of Banking & Fin. v. Osborne Stern & Co ., 670

So. 2d 932, 934 (Fla. 15 1996).

21 . Section 402.310(1)(a) authorizes the Department to impose any of the

following disciplinary sanctions for a violation of sections 402.301 through

402.319 or the rules adopted thereunder: administrative fines, probationary

license status, license suspension, or license revocation. When assessing

whether to grant or deny an initial application for a child care center facility

license, t he Department may consider an y history of previous violations .

§ 402.310 (1) (b)3., Fla. Stat.

22. Florida Administrative Code Rule 65C - 22.001(5)(a), provides:

Direct supervision means actively watching and

directing children's activities within the same room

or designated outdoor pl ay area, and responding to

the needs of each child. Child care personnel at a

facility must be assigned to provide direct

supervision to a specific group of children, and be

present with that group of children at all times.

When caring for school - age child ren, child care

personnel shall remain responsible for the

supervision of the children in care, shall be capable

of responding to emergencies, and are accountable

for children at all times, including when children

are separated from their groups.

Ms. Hend erson admitted in the Settlement A greement that two supervision

rule violations were committed when she operated Little Kings and Queens .

She also agreed that the Department was not required to re - prove the se two

supervision rule violations in any subseque nt administrative proceeding.

23 . A violation of the supe rvision rule was also charged in the Notice of

Intent due to the incident involving the two - year - old boy who left Little Kings

and Queens, unsupervised, on October 26, 2017. The supervision rule was

amended on October 25, 2017 , as follows:

(a) Children that are delivered to a location offsite

from the facility by someone other than the parent

or guardian become the responsibility of the child

care program at that designated location and time

as agreed upon by the provider and the

parent/guardian. The provider is responsible for the

supervision of the child upon the childÔs arrival at

the designated point. If a child is not present at the

time of pick - up, prior to leaving the designated

location, child care personnel must verify the

whereabouts of the child.

(b) Direct supervision means actively watching and

directing childrenÔs activities within the same room

or designated outdoor play area, during

transportation, any activity outside of the facility,

and responding to the needs of each child while in

care. Child care personnel at a facility must be

assigned to provide direct supervision to a specific

group of children, and be present with that group of

children at all times.

Fla. Admin. Code R. 65C - 22 .001(5)(a) (2017). Because Ms. Henderson was

served with the Notice of Intent and elected to surrender the Little Kings and

Queens license instead of contest this charge, t he Department established

that a Class I violation of the supervision rule, as amend ed, occurred when a

two - year - old left Little Kings and Queens, uns upervised, on October 26, 2017.

24 . The ratio requirements for child care centers cited in the

Administrative Complaint and Notice of Intent are found in r ule 65C -

22.001(4) (2016):

(4) Rat ios.

(a) The staff - to - child ratio, as established in Section

402.305(4), F.S., is based on primary responsibility

for the direct supervision of children, and applies at

all times while children are in care.

(b) Mixed Age Groups.

1. In groups of mixed ag e ranges, where children

under one year of age are included, one staff

member shall be responsible for no more than four

children of any age group, at all times.

2. In groups of mixed age ranges, where children

one year of age but under two years of age are

included, one staff member shall be responsible for

no more than six children of any age group, at all

times.

(c) For every 20 children, a child care facility must

have one (1) credentialed staff member pursuant to

Section 402.305(3), F.S.

25 . In the Settlement Agreement, Ms. Henderson admitted that five

Class II violations were committed in violation of this rule when she operated

Little Kings and Queens. The Department established that two more Class II

ratio rule violations occurred after the Settl ement Agreement was executed ,

when Little Kings and Queens was still on probation , because Ms. Henderson

surrendered the Little Kings and Queens license instead of contesting these

charges in the Notice of Intent . These violations became final and have bee n

proven in this proceeding.

26 . The Notice of Intent asserts that an act of child abuse or neglect was

committed by an operator or employee of Little Kings and Queens when the

two - year - old boy left the facility, unsupervised, on October 26, 2017. The

No tice of Intent cites r ule 65C - 22.001(11)(a) for this violation. It is reasonable

to infer that allowing a two - year - old boy to leave a child care facility,

unsupervised, constitutes child neglect. However, r ule 65C - 22.001(11)(a) was

eliminated from this rul e when it was amended on October 25, 2017, the day

before this inc ident occurred. Nevertheless, Ms. Henderson did not request a

hearing , and this charge became final. If she had contested this charge, the

Department could have filed an amended Notice of In tent to cite to the new

authority to charge child neglect for this incident. The C lass I violation of

child neglect has been proven in this proceeding.

27 . The Notice of Intent asserts that section 402.319(1)(f), Florida

Statutes (2017) , was violated when Ms. Henderson provided false information

to law enforcement about the circumstances under which the two - year - old

boy left the Little Kings and Queens on October 26, 2017. Section

402.319(1)(f) provides penalties for the following acts :

(f) Make any other misrepresentation, by act or

omission, regarding the licensure or operation of a

child care facility or family day care home to a

parent or guardian who has a child placed in the

facility or is inquiring as to placing a child in the

facility, or to a repre sentative of the licensing

authority, or to a representative of a law

enforcement agency, including, but not limited to,

any misrepresentation as to:

1. The number of children at the child care facility

or the family day care home;

2. The part of the chi ld care facility or family day

care home designated for child care;

3. The qualifications or credentials of child care

personnel;

4. Whether a family day care home or child care

facility complies with the screening requirements

of s. 402.305 ; or

5. Whet her child care personnel have the training

as required by s. 402.305 .

Having proven that Ms. Henderson failed to request a hearing to contest the

Notice of Intent, the violation of section 402.319(1)(f) has also been

established here .

28 . Ms. Henderson ch ose to not contest the non - renewal of the Little

Kings and Queens child care facility license. Having done so, the violations

alleged in the Notice of Intent became final, as did the non - re newal and fines

totaling $1,700; fines which remain unpaid to date . The multiple violations

charged in the Notice of Inten t were sufficient to deny Ms. Henderson the

renewal of the Little Kings and Queens child care facility license.

Ms. Henderson cannot avoid the finality of that result by filing an application

for a new child care facility license through a different entity.

29 . The Department has proven that the applicant for child care license in

this case is unfit due to the history of multiple violations committed in the

operation of Little Kings and Queens in 2015 a nd 2017.

R ECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is

RECOMMENDED that the Department of Children and Families enter a f inal

o rder denying the application for a child care facility license that

Ms. Henderson filed f or Parramore Christian Academy.

D ONE A ND E NTERED this 16th day of July , 2020 , in Tallahassee, Leon

County, Florida.

S

B RIAN A. N EWMAN

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Fl orida 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 16th day of July , 2020 .

C OPIES F URNISHED :

Brian Christopher Meola, Esquire

Department of Children and F amilies

Suite S - 1129

400 West Robinson Street

Orlando, Florida 32801

(eServed)

CaSarah Henderson

Little Kings and Queens Learning Center

800 West Central Boulevard

Orlando, Florida 32805

Lacey Kantor, Agency Clerk

Department of Children and Families

Bui lding 2, Room 204Z

1317 Winewood Boulevard

Tallahassee, Florida 32399 - 0700

(eServed)

Javier Enriquez, General Counsel

Department of Children and Families

Building 2, Room 204F

1317 Winewood Boulevard

Tallahassee, Florida 32399 - 0700

(eServed)

Chad Poppe ll, Secretary

Department of Children and Families

Building 1, Room 202

1317 Winewood Boulevard

Tallahassee, Florida 32399 - 0700

(eServed)

N OTICE OF R IGHT T O S UBMIT E XCEPTIONS

All parties have the right to submit written exceptions within 15 days from

the date of this Recommended Order. Any exceptions to this Recommended

Order should be filed with the agency that will issue the Final Order in this

case.