06-003716 Jerika Casado vs. Department Of Children And Family Services Status: Closed Recommended Order on Thursday, December 14, 2006.

Summary: Felony theft is evidence of a lack of good moral character; without mitigating information, the application must be denied.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JERIKA CASADO , )

)

Petitioner , )

)

vs. ) Case No. 06 - 3716

)

DEPARTMENT OF CHILDREN AND )

FAMILY SERVICES , )

)

Respondent . )

)

RECOMMENDED ORDER

On November 16 , 2006, a formal administrative hearing in

this case was held in Orlando , Florida, before William F.

Quattlebaum, Administrative Law Judge, Division of

Administrative Hearings.

APPEARANCES

For Petitioner: Jerika Casado , pro se

525 Monica Rose Drive, No. 632

Apopka, Florida 32703

For Respondent: Richard B. Cato, Esquire

Department of Children and

Family Services

400 West Robinson Street, Suite S - 1106

Orlando, Florida 32801 - 1782

STATEMENT OF THE ISSUE

The issue in the case is whether the application filed by

Jerika Casado ( Petitioner ) for licensure to operate a Registered

Family Day Care Home should be approved .

PRELIMINARY STATEMENT

On May 22, 2006, the Petitioner filed an application for

licensure to operate a Registered Family Day Care Home. By

certified letter , dated August 17, 2006 , the Department of

Children and Family Services (Respondent) denied the

application. The Petitioner f iled a request for formal hearing

with the Respondent . The Respondent forwarded the request to

the Divis ion of Administrative Hearings, which scheduled and

conducted the proceeding.

At the hearing, the Petitioner testified on her own behalf

and had one exhibit admitted into evidence . The Respondent

presented the testimony of one witness and had E xhibits

numbered 1 through 9 admitted into evidence.

No transcript of the hearing was filed. Neither party

filed a p roposed r ecommended o rder .

FINDINGS OF FACT

1. On May 22, 2006, t he Petitioner filed an application

for licensure to operate a Registered Family Day Care Home.

2. The Respondent reviewed the application and conducted a

background screening as required by statute.

3. By certified letter , dated August 17, 2006, the

Respondent denied the Petitioner's application. As identified

in the letter, the grounds for the denial were as follows:

District Screening Coordinator has notified

us that you have been disqualified from

working as a caretaker for children.

4. The letter provided no further information specifying

the reason for the disqualification.

5. At the hearing, the Respondent's witness testified that

an incident of felony theft by shoplifting was the disqualifying

offense.

6. Durin g the screening process, the Respondent obtained

criminal records stating that the Petitioner had been arrested

on April 17, 2003, and charged with a battery in Seminole

County, Florida. The records also stated that the Respondent

had been arrested on Nov ember 26, 2004 and charged with a third -

degree count of felony grand theft in Orange County, Florida.

7. The Petitioner was born on August 18, 1987. Petitioner

was 15 years old at the time of the battery and 17 years old at

the time of the theft.

8. The Petitioner completed a pre - trial diversionary

program and the battery charge was not prosecuted.

9. According to the police report, which the Petitioner

did not dispute at the hearing, the grand theft arrest was for

shoplifting. The total retail v alue of the items shoplifted was

$360.86, which constituted a third - degree felony pursuant to

Subsection 812.014(2)(c)1., Florida Statutes.

10. On June 6, 2005, the Petitioner was placed on

probation for a period of six months for the theft, and

superv isory responsibility was assigned to her mother, with whom

the Petitioner resided.

11. There is no evidence that the Petitioner did not

comply with the terms of her probation.

CONCLUSIONS OF LAW

12. The Division of Administrative Hearings has

jurisdi ction over the parties to and subject matter of this

proceeding. §§ 120.569 and 120.57(1), Fla. Stat. (2006).

13. Persons seeking licensure to operate a Registered

Family Day Care Home, and persons working therein, are subject

to applicable background s creening provisions. See

§§ 402.313(1)(a)5. and 402.313(3), Fla. Stat . (2006).

14. Subsection 402.305(2)(a), Florida Statutes (2006),

states that minimum standards for child care personnel include

"good moral character based upon screening" and directs that the

screening be conducted according to "level 2 standards" as

provided in Chapter 435, Florida Statutes.

15. Section 435.04, Florida Statutes (2006), provides in

relevant part as follows:

(1) All employees in positions designated

by law as posit ions of trust or

responsibility shall be required to undergo

security background investigations as a

condition of employment and continued

employment. For the purposes of this

subsection, security background

investigations shall include, but not be

limite d to, fingerprinting for all purposes

and checks in this subsection, statewide

criminal and juvenile records checks through

the Florida Department of Law Enforcement,

and federal criminal records checks through

the Federal Bureau of Investigation, and may

include local criminal records checks

through local law enforcement

(2) The security background investigations

under this section must ensure that no

persons subject to the provisions of this

section have been found guilty of,

regardless of adjudication , or entered a

plea of nolo contendere or guilty to, any

offense prohibited under any of the

following provisions of the Florida Statutes

or under any similar statute of another

jurisdiction:

* * *

( y) Chapter 812, relating to theft,

robbery, and r elated crimes, if the offense

is a felony.

16. The Petitioner's shoplifting incident is a third -

degree felony as defined at Subsection 812.014(2)(c)1., Florida

Statutes (2006), and demonstrates a lack of good moral character

pursuant to Subsection 402.30 5(2)(a), Florida Statutes. The

evidence requires, absent any other mitigating information, that

the pending application be denied.

17. The Petitioner has not sought an exemption from the

disqualification. Section 435.07, Florida Statutes (2006),

provi des that an exemption from disqualification may be

available u nder certain circumstances, and the Petitioner was so

advised during the hearing.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is

RECOMMENDED that the Petit ioner's application for licensure

to operate a Registered Family Day Care Home be denied .

DONE AND ENTER ED this 14th day of December , 2006 , in

Tallahassee, Leon County, Florida.

S

WILLIAM F. QUATTLEBAUM

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 H earings

this 14th of December , 2006 .

COPIES FURNISHED :

Richard Cato, Esquire

Department of Children and

Family Services

400 West Robinson Street, Suite S - 1106

Orlando, Florida 32801 - 1782

Jerika Casado

525 Monica Rose Drive, No. 632

Apopka, Florida 32703

Gregory Venz, Agency Clerk

Department of Children and

Family Services

Building 2, Room 204B

1317 Winewood Boulevard

Tallahassee, Florida 32399 - 0700

John Copelan, General Counsel

Department of Children and

Family Services

Building 2, Room 204

1317 Winewood Boulevard

Tallahassee, Florida 32399 - 0700

Luci D. Hadi, Secretary

Department of Children and

Family Services

Building 1, Room 202

1317 Winewood Boulevard

Tallahassee, Florida 32399 - 0700

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All partie s 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.