15-005639 Department Of Children And Families vs. Wonderland Day Care, Inc. Status: Closed Recommended Order on Wednesday, March 9, 2016.

Summary: Department proved by clear and convincing evidence that Wonderland child care facility had a class I licensing violation. Section 402.281(4)(a) required terminating Wonderland's Gold Seal Quality Care designation.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF CHILDREN AND

FAMILIES,

Petitioner,

vs. Case No. 15 - 5639

WONDERLAND DAY CARE, INC.,

Respondent.

_______________________________/

RECOMMENDED ORDER

Administrative L aw Judge John D. C. Newton, II, of the

Division of Administrative Hearings (DOAH) heard this case by

video teleconference at locations in Tallahassee and Tampa,

Florida, on February 2, 201 6 .

APPEARANCES

For Petitioner: Alicia V. Gonzalez, Esquire

Department of Children and Families

Suite 905

9393 North Florida Avenue

Tampa, Florida 33612 - 7907

For Respondent: Wanda Wilson

Wonderland Day Care , Inc.

914 No rth Castle Court

Tampa, Florida 33612

STATEMENT OF THE ISSUE

Should the Gold Seal Quality Care designation of Respondent,

Wonderland Day Care, Inc. (Wonderland), be terminated under the

authority of section 402.281(4)(a), Florida Statute s (2015) 1/ on

acc ount of a Ð c lass I violation?Ñ

PRELIMINARY STATEMENT

By letter dated August 24, 2015, the Petitioner, Department

of Children and Families (Department), advised Wonderland of its

intent to terminate the facilityÓs Gold Seal Quality Care

des ignation because of an uncontested Ðc lass I violation Ñ issued

on April 20, 2015, by the Hillsborough County Child Care

Licensing unit. Wonderland requested a hearing to contest the

proposed termination. On October 7, 2015, the Department

referred the mat ter to DOAH to conduct the hearing. The hearing

was set for December 3, 2015. It was rescheduled to February 2,

2016, upon WonderlandÓs agreed - to motion to continue.

At the hearing, the Department presented testimony from

Samantha Wass de Czege and Fel icia Bonner. Department Exhibits 1

through 6 were admitted into evidence without objection.

Wonderland owner Wanda Wilson testified. Wonderland did not

offer exhibits. The hearing was recorded , but not transcribed.

The Department filed a proposed reco mmended order. Wonderland

did not.

FINDING S OF FACT

1. Wonderland is a child care facility li censed by

Hillsborough County . Ms. Wilson owns and operates Wonderland.

The Department awarded Wonderland a Gold Seal Quality Care

designation effective May 9, 2011.

2. The DepartmentÓs letter advising Wonderland that it had

been awarded the Gold Seal designation also advised Wonderland

that to maintain the Gold Seal it must not have a Ð class I

violation.Ñ (Ex . 2). WonderlandÓs application for a sales and

u se tax exemption, signed by Ms. Wilson, stated that to qualify

for the exemption the application must hold a Ðcurrent Gold Seal

Quality Care designation as provided in s. 402.281, F.S. . . . .Ñ

(Ex. 3) .

3. Section 402.281(4)(a) states that a child ca re p rovider

must not have any Ð c lass I violationsÑ in order to maintain its

Gold Seal designation.

4. Ms. Wilson knew , or should have known , that a Ð c lass I

violationÑ would result in the loss of WonderlandÓs Gold Seal

designation.

5. On April 20, 2015, Hi llsborough CountyÓs Children and

Youth Services issued an Administrative Complaint (Complaint)

against Wonderland proposing to administer a Ð c lass I violation Ñ

based upon a determination that Wonderland did not provide

adequate supervision for the childre n . Specifically , the

C omplaint charg ed that on March 5, 2015, a four - year - old child

left the facility and walked across the street without the

staffÓs knowledge.

6. The Complaint told Ms. Wilson that Wonderland had a

right to request an administrative h earing to challenge the

Complaint.

7. Ms. Wilson chose not to challenge the Complaint. She

elected for Wonderland to pay the proposed $250.00 fine.

Ms. Wilson did not think of the effect accepting the Complaint

would have upon WonderlandÓs Gold Seal Qu ality Care designation.

The Complaint did not advise of this collateral consequence.

But, as found above, Ms. Wilson and Wonderland knew or should

have known of it.

CONCLUSIONS OF LAW

8. The Division of Administrative Hearings has jurisdiction

over the parties to and the subject matter of this proceedi ng

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

9. The Legislature has charged the Department with the

responsibility of licensing child care facilities, including

administration of the Go ld Seal Quality Care designation program.

§§ 402.281 and 402.301 - 402.319, Fla . Stat .

10. As the Department acknowledges, it must prove its

charges by clear and convincing evidence. Coke v. DepÓt of

Child. & Fam. Servs. , 704 So. 2d 726 (Fla. 5th DCA 1998 ).

11. Section 402.281(4)(a) provides that in order to

maintain a Gold Seal designation a child care provider must not

have a Ðc lass I violation . Ñ The Department will terminate the

designation if the provider has a Ð c lass I violation.Ñ Fla.

Admin. Code R. 65C - 22.009(3)(b). Ð Class I violations [of a state

or local licensing authorityÓs standards] are the most serious in

nature, pose an imminent threat to a child including abuse or

neglect and which could or does result in death or serious harm

to the hea lth, safety or well - being of a child. Ñ Fla. Admin.

Code R. 65C - 22.010(1)(d)1.

12. The Department proved by clear and convincing evidence

that Wonderland has a Ðc lass I violation.Ñ Wonderland is no

longer qualified for a Gold Seal Quality Care designati on.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is RECOMMENDED that Petitioner, Department of Children

and Families , terminate the Gold Seal Quality C are designation of

Respondent, Wonderland Day Care, Inc.

DONE AND EN TERED this 9 th day of March , 2016 , in

Tallahassee, Leon County, Florida.

S

JOHN D. C. NEWTON, II

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 9 th day of March , 2016 .

ENDNOTE

1 / All citations to the Florida Statutes are to the 2015

compilation unless o therwise noted.

COPIES FURNISHED:

Alicia V. Gonzalez, Esquire

Department of Children and Families

Suite 905

9393 North Florida Avenue

Tampa, Florida 33612 - 7907

(eServed)

Paul Sexton, Agency Clerk

Department of Children and Families

Building 2, Room 20 4

1317 Winewood Boulevard

Tallahassee, Florida 32399 - 0700

(eServed)

Wanda Wilson

Wonderland Day Care , Inc.

914 North Castle Court

Tampa, Florida 33612

Mike Carroll, Secretary

Department of Children and Families

Building 1, Room 202

1317 Winewood Boule vard

Tallahassee, Florida 32399 - 0700

(eServed)

Rebecca Kapusta, General Counsel

Department of Children and Families

Building 2, Room 204

1317 Winewood Boulevard

Tallahassee, Florida 32399 - 0700

(eServed)

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.