98-005593 Yolanda Cheesmon vs. Department Of Children And Family Services Status: Closed Recommended Order on Monday, June 14, 1999.

Summary: Petitioner`s application is moot because she has changed her address. The application should be denied.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

YOLANDA CHEESMON, )

)

Petitioner, )

)

vs. ) Case No. 98-5593

)

DEPARTMENT OF CHILDREN )

AND FAMILY SERVICES, )

)

Respondent. )

______________________________)

RECOMMENDED ORDER

A formal hearing in this case was held pursuant to notice,

on April 22, 1999, by Stephen F. Dean, assigned Administrative

Law Judge of the Division of Administrative Hearings, in Panama

City, Florida.

APPEARANCES

For Petitioner: Yolanda Cheesmon, pro se

1012 Yates Avenue

Panama City, Florida 32402

For Respondent: John R. Perry, Esquire

Department of Children

And Family Services

2639 North Monroe Street, Suite 252A

Tallahassee, Florida 32399-2949

STATEMENT OF THE ISSUE

Should the Petitioner's application for registration to

operate a family day care home be approved?

PRELIMINARY STATEMENT

The Petitioner was registering her home as a family day care

home. During this process, the Department's investigator

attempted to contact Petitioner and was unable to. Finally, the

investigator found that Petitioner had moved to another house.

The investigator advised Petitioner she would have to apply

for registration of that house and not the original one.

Petitioner revised her application to reflect the new location.

The investigator then advised Petitioner she would need a letter

showing that the owner of the residence agreed to the operation

of the family day care home.

The Petitioner filed a new application, and a letter,

purportedly from the landlord, agreeing to the use of the

property as a day care home. On October 28, 1998, the

investigator received an anonymous letter alleging that the

landlord's letter was forged. The investigator contacted

Petitioner, and Petitioner admitted that she had forged the

letter. Based upon this admission, the Department denied

Petitioner's application and advised her of a right to a hearing.

The Petitioner requested a formal hearing, and the

Department forwarded the case to the Division of Administrative

Hearings. The matter was noticed for hearing on April 22, 1999,

by notice dated January 20, 1999. The case was heard on the date

originally noticed.

The Petitioner testified in her own behalf and introduced

several letters in support of her application. The Department

called its investigator to testify and introduced Exhibits 1

through 4 into the record.

The Department filed a Proposed Recommended Order which was

read and considered.

FINDINGS OF FACT

1. In August 1998, Petitioner, Yolanda Cheesmon, registered

her home at 1012 Yates Avenue in Panama City, Florida, as a

family day care home with Respondent, Department of Children and

Family Services.

2. In September 1998, Michelle Barsanti, the Department's

Licensing Counselor, attempted to reach Ms. Cheesmon at her home

by telephone. She was unable to do so because the telephone had

been disconnected. Because the Department's day care standards

required day care homes to have telephones, Ms. Barsanti

continued to try an reach Petitioner. She eventually contacted

Petitioner by phone, found she had moved, and sent her a new

application to 920 Thomas Avenue, Panama City, Florida.

3. On October 23, 1998, Ms. Barsanti attempted to visit

Ms. Cheesmon at her new home. It was only then that she noticed

that Ms. Cheesmon's address had changed. She obtained directions

to the new home, and went there to discuss with Ms. Cheesmon

licensing her home as a family day care home.

4. During this visit, Ms. Barsanti reminded Ms. Cheesmon

that it was the home and not the operator which was licensed or

registered; and, therefore, the Department had to be notified

whenever the operator of a family day care home changed

residence.

5. Ms. Barsanti discussed with Ms. Cheesmon during this

meeting that Ms. Cheesmon would have to procure a written

statement form the landlord approving the use of the property as

a family day care home.

6. The facts reveal a mix up between the Petitioner and the

investigator regarding almost every aspect of Petitioner's

application. As both women endeavored to perfect the

application, more and more things arose which needed to be done.

All of this occurred under circumstances in which the

Petitioner's income was reduced because she had quit her job to

care for children.

7. Ms. Cheesmon filed her application and a letter which

purported to be from her landlord giving Ms. Cheesmon permission

to operate a family day care home on the property.

8. Ms. Barsanti received an anonymous letter alleging the

permission letter was a forgery. After being confronted by

Ms. Barsanti Ms. Cheesmon admitted that she had forged the

permission letter.

9. Ms. Cheesmon testified that she forged the letter which

she gave to Ms. Barsanti in order to get the application

processed and obtain insurance which the landlord required as a

condition for approval.

10. The landlord did not disapprove of the child care

activity. The landlord wanted insurance to hold her blameless.

The Petitioner needed approval by the Department to obtain

insurance. Petitioner's forgery was not so much a false

statement of the landlord's position, as an improper means to

accomplish what the landlord wanted.

11. By the time of hearing, the Petitioner had moved back

to her original address into property which she does not rent.

CONCLUSIONS OF LAW

12. The Division of Administrative Hearings has

jurisdiction over the parties and subject matter in this case.

Section 120.57(1), Florida Statutes.

13. If the operator of a family day care home leases the

residence in which she runs the facility, written proof of the

consent of the landlord to that use of the property must be

provided before the facility may be licensed. Rule

65C-20.009(1)(a), Florida Administrative Code.

14. Ms. Cheesmon forged the permission letter to the

Department. Ms. Cheesmon never obtained the landlord's consent

for the leased site. The issue is not bad character, but the

failure of the Petitioner to meet the rule's requirements.

15. The application at issue has been made moot by the

passage of time. The Petitioner is now back in her original

house, and there is no landlord. Therefore, the pending

application is moot.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of

Law set forth herein, it is

RECOMMENDED:

That the Department enter a final order which would deny the

current application as moot.

DONE AND ENTERED this 14th day of June, 1999, in

Tallahassee, Leon County, Florida.

STEPHEN F. DEAN

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone] SUNCOM 278-9675

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 14th day of June, 1999.

COPIES FURNISHED:

Yolanda Cheesmon

1012 Yates Avenue

Blountstown, Florida 32424

John R. Perry, Esquire

Department of Children

and Family Services

2639 North Monroe Street, Suite 252A

Tallahassee, Florida 32399-2949

Gregory D. Venz, Agency Clerk

Department of Children

and Family Services

Building 2, Room 204

1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

John S. Slye, General Counsel

Department of Children

and Family Services

Building 2, Room 204

1317 Winewood Boulevard

Tallahassee, Florida 32399-0700

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

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.