Preview
FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 10/17/2017
FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 10/17/2017
STATE OF NEW YORK
OFFICE OF CHILDREN AND FAMILY SERVICES
___________________________________
In the Matter of the Appeal of: )
Theresa Giles, Manager ) Fair Hearing
Tiara Love, Director ) #92623
Hope Day Care, LLC )
From a determination by the New ) Jurisdiction:
York State OCFS to revoke their ) RENSSELAER
day care center License: CCFS ) COUNTY
#716183 )
TRANSCRIPT OF FAIR HEARING
VOLUME II OF II
BEFORE HONORABLE LINDA M. JONES,
ADMINISTRATIVE LAW JUDGE
DATE OF PROCEEDINGS: APRIL 4, 2017
HELD AT: NEW YORK STATE OFFICE OF CHILDREN & FAMILY
SERVICES, SPECIAL HEARINGS BUREAU
333 East Washington Street, Syracuse, New York 13202
Proceedings recorded by electronic sound recording.
Transcript produced by ANP Transcriptions
46 North Central Avenue, Suite B
Ramsey, NJ 07446
Telephone: 877-797-7047
www.anptranscriptions.com
FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017
NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 2 NYSCEF: 10/17/2017
Hope Day Care, LLC
Fair Hearing No. 92623
Volume II of II
TABLE OF CONTENTS
TABLE OF CONTENTS......................2
LIST OF APPEARANCES....................4
OPENING BY THE COURT...................5
DIRECT EXAMINATION OF APPELLANT THERESA
GILES BY LAURA SPRING, ESQ.......................5
CROSS-EXAMINATION OF THERESA GILES BY
JUDGE LINDA JONES................................62
REDIRECT EXAMINATION OF APPELLANT THERESA
GILES BY LAURA SPRING, ESQ.......................75
CROSS-EXAMINATION OF APPELLANT THERESA
GILES BY JUDGE LINDA JONES.......................93
REDIRECT EXAMINATION OF APPELLANT THERESA
GILES BY LAURA SPRING, ESQ.......................101
RECROSS-EXAMINATION OF APPELLANT THERESA
GILES BY JUDGE LINDA JONES.......................116
REDIRECT EXAMINATION OF APPELLANT THERESA
GILES BY LAURA SPRING, ESQ.......................122
RECROSS-EXAMINATION OF APPELLANT THERESA
GILES BY JUDGE LINDA JONES.......................123
CROSS-EXAMINATION OF APPELLANT THERESA
GILES BY FRANCES FRIEDBERG, ESQ..................127
RECORD.................................200
DIRECT EXAMINATION OF MARK DEMER BY
FRANCES FRIEDBERG, ESQ...........................201
ANP TRANSCRIPTIONS - 877-797-7047
FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017
NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 3 NYSCEF: 10/17/2017
Hope Day Care, LLC
Fair Hearing No. 92623
Volume II of II
RECORD.................................231
TABLE OF EXHIBITS......................243
ANP TRANSCRIPTIONS - 877-797-7047
FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017
NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 4 NYSCEF: 10/17/2017
Hope Day Care, LLC
Fair Hearing No. 92623
Volume II of II
LIST OF APPEARANCES
THERESA GILES, MANAGER
TIARA LOVE, DIRECTOR
FOR THE APPELLANT
LAURA SPRING, ESQ.
507 PLUM STREET, SUITE 310
SYRACUSE, NEW YORK 13204
FOR THE AGENCY (APPELLEE)
FRANCES FRIEDBERG, ESQ.
DAY CARE ENFORCEMENT BUREAU
52 WASHINGTON STREET
RENSSELAER, NEW YORK 12144
ADDITIONAL APPEARANCES
WITNESS MARK DEMER
ANP TRANSCRIPTIONS - 877-797-7047
FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017
NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 5 NYSCEF: 10/17/2017
Hope Day Care, LLC
Fair Hearing No. 92623
Volume II of II
1 OPENING BY THE COURT
2 JUDGE LINDA JONES: Good morning. It is
3 April 4, 2017. We're back on the record in the
4 matter of Hope Day Care and Theresa Giles and Tiara
5 Love. And it is CCFS 716183. And it is the
6 Appellant's case at this point so do you want to
7 call your first witness, ma'am?
8 MS. LAURA SPRING: Yes. Theresa Giles.
9 JUDGE JONES: Ms. Giles, can you raise
10 your right hand, please? Do you solemnly swear that
11 the testimony you will give will be the truth, the
12 whole truth and nothing but the truth, so help you
13 God?
14 MS. THERESA GILES: So help me.
15 JUDGE JONES: Okay.
16 DIRECT EXAMINATION OF APPELLANT THERESA GILES BY
17 LAURA SPRING, ESQ.
18 MS. SPRING: So, Ms. Giles, can you just
19 tell me what your position is at Hope Day Care?
20 MS. GILES: Co-owner.
21 JUDGE JONES: Excuse me?
22 MS. GILES: Co-owner.
23 JUDGE JONES: Co-owner? Okay.
24 MS. SPRING: And who is the director of
25 the day care?
ANP TRANSCRIPTIONS - 877-797-7047
FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017
NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 6 NYSCEF: 10/17/2017
Hope Day Care, LLC
Fair Hearing No. 92623
Volume II of II
1 MS. GILES: My daughter, Tiara Love.
2 MS. SPRING: And there was an exhibit that
3 was put into evidence, Office Exhibit number 1,
4 which also, just to refresh your
5 recollection -- can -- can you tell this
6 (unintelligible) --
7 JUDGE JONES: Yes. Yes. Yeah. No, it's
8 all right.
9 MS. SPRING: Okay. Just trying to move
10 things along here. Can you tell me if this is the
11 date -- copy of the day care license for Hope Day
12 Care?
13 MS. GILES: Yes.
14 MS. SPRING: And can you tell me the date
15 that the license was granted or the day that the
16 license commenced?
17 MS. GILES: April 10, 2015.
18 MS. SPRING: Okay. Thank you. And that's
19 the day that the day care opened or approximately
20 around that date?
21 MS. GILES: That's the -- that's the day
22 that we received the license. It was about 6:00
23 p.m. on a Friday.
24 MS. SPRING: Okay. And did the day care
25 off center then open the following Monday?
ANP TRANSCRIPTIONS - 877-797-7047
FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017
NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 7 NYSCEF: 10/17/2017
Hope Day Care, LLC
Fair Hearing No. 92623
Volume II of II
1 MS. GILES: Yes, the 13th.
2 MS. SPRING: Okay. And that's 2015,
3 correct?
4 MS. GILES: Correct.
5 MS. SPRING: Okay. And on the day that
6 the day care center opened, were you visited by the
7 State Office of Child and Family Services?
8 MS. GILES: Yes.
9 MS. SPRING: Okay. And who appeared
10 there? Do you recall?
11 MS. GILES: I believe it might have
12 been -- it might have been Nancy Corval (phonetic).
13 MS. SPRING: Okay.
14 MS. GILES: And --
15 MS. SPRING: And what was the purpose of
16 their visit? Do you know?
17 MS. GILES: An inspection.
18 MS. SPRING: Okay. And did they inspect
19 the premises?
20 MS. GILES: Yes.
21 MS. SPRING: Okay. And you have been an
22 owner of a day care center prior to Hope Day Care.
23 Is that correct?
24 MS. GILES: A group day care.
25 MS. SPRING: Okay. So that would be yes?
ANP TRANSCRIPTIONS - 877-797-7047
FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017
NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 8 NYSCEF: 10/17/2017
Hope Day Care, LLC
Fair Hearing No. 92623
Volume II of II
1 MS. GILES: Yes.
2 MS. SPRING: And approximately of the
3 dates of your prior ownership?
4 MS. GILES: I believe I got my first
5 license -- I started informal and I believe it was
6 '99.
7 MS. SPRING: Okay. And so you had prior
8 experience with dealing with the State regarding
9 inspections. Is that correct?
10 MS. GILES: Correct.
11 MS. SPRING: All right. And was there
12 anything unusual about the inspection on April 13,
13 2015, the first day that the day care opened?
14 MS. GILES: Well, the only thing that was
15 unusual is that we had one through eight months of
16 license, doing the things to become licensed and to
17 find -- and then it was all passed on that Friday
18 prior. And we received our license on the 10th to
19 have an inspection the first day of opening. That
20 was unusual. I've never experienced that before.
21 MS. SPRING: Okay. So after you opened,
22 can you tell me -- well, let me go -- let me go back
23 because you're familiar with the -- the letter, the
24 December 14, 2016 letter, which is the reason why
25 we're here today.
ANP TRANSCRIPTIONS - 877-797-7047
FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017
NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 9 NYSCEF: 10/17/2017
Hope Day Care, LLC
Fair Hearing No. 92623
Volume II of II
1 MS. GILES: Yes.
2 MS. SPRING: The revocation letter and
3 we -- you were also here when the State witnesses
4 gave testimony, correct?
5 MS. GILES: Correct.
6 MS. SPRING: Okay. And remember there was
7 a couple open issues. One was regarding the radon
8 and one was regarding your insurance. Is that
9 correct?
10 MS. GILES: Correct.
11 MS. SPRING: Okay. Based on the December
12 14, 2016 revocation letter, was it -- are there any
13 open items besides the -- at the time that this was
14 given to you, served on you on December 14, were
15 there any open items besides the radon and the
16 insurance?
17 MS. GILES: No.
18 MS. SPRING: Okay. And when I say open
19 items, I mean any violations that were currently or
20 previously cited were corrected. Is that correct?
21 MS. GILES: Right. They were all
22 corrected prior to the December 14th letter.
23 MS. SPRING: Okay. So now what I -- I'm
24 sort of going backwards here in time. Prior to the
25 December 14th letter, there was a -- again, Your
ANP TRANSCRIPTIONS - 877-797-7047
FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017
NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 10NYSCEF: 10/17/2017
Hope Day Care, LLC
Fair Hearing No. 92623
Volume II of II
1 Honor, this exhibit separate and put into evidence
2 by the State -- there is a November -- so it's
3 Exhibit 14, 15 and 17. There was a November 3rd
4 letter addressed to actually Tiara Love at Hope Day
5 Care Center. I'll just show that to you.
6 JUDGE JONES: Which exhibit is -- oh, 14?
7 MS. SPRING: 14.
8 JUDGE JONES: Okay.
9 MS. SPRING: And can you identify what
10 that is, in your experience --
11 MS. GILES: It's a --
12 MS. SPRING: -- what you understand that
13 to be?
14 MS. GILES: This is a -- a corrective
15 action letter.
16 MS. SPRING: Okay. So tell me how -- your
17 understanding of the process would be that would
18 result in the day care center getting that type of
19 letter?
20 MS. GILES: What happens is if the day
21 care comes -- if the licensors come on-site and
22 you're cited for violations, this letter is a follow
23 up to show them if the items have not been corrected
24 on-site. This letter is a follow up for you to
25 show -- write a response to this letter -- respond
ANP TRANSCRIPTIONS - 877-797-7047
FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017
NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 11NYSCEF: 10/17/2017
Hope Day Care, LLC
Fair Hearing No. 92623
Volume II of II
1 to this letter in writing showing that the items
2 have been corrected.
3 MS. SPRING: Okay. So -- so the process
4 would be -- I'll just understand -- that someone
5 would -- that the licensors would come on-site.
6 They would inspect. If there was a violation that
7 could be corrected right then and there, they -- you
8 would correct it.
9 MS. GILES: Correct.
10 MS. SPRING: They would make note of that
11 correction.
12 MS. GILES: Correct.
13 MS. SPRING: And then you would get a
14 follow up letter like you have in your hand, which
15 would be a corrective action plan to address any
16 outstanding violations that couldn't be corrected at
17 the time they were there.
18 MS. GILES: Correct.
19 MS. SPRING: Okay. So what's the date of
20 that letter?
21 MS. GILES: November 3rd.
22 MS. SPRING: Okay. And does it say in
23 that letter when the State came to actually,
24 physically inspect?
25 MS. GILES: Actually --
ANP TRANSCRIPTIONS - 877-797-7047
FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017
NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 12NYSCEF: 10/17/2017
Hope Day Care, LLC
Fair Hearing No. 92623
Volume II of II
1 MS. SPRING: I'll direct you to the second
2 page. I think it's the last paragraph. It usually
3 states when they were physically there.
4 MS. GILES: Oh, the last page of
5 everything?
6 MS. SPRING: No, no, no, no, no. Second
7 page.
8 MS. GILES: The second page.
9 MS. FRANCES FRIEDBERG: Judge, I would
10 think the document speaks for itself as to
11 when -- when they were there.
12 MS. GILES: I don't -- I don't see it in
13 here.
14 JUDGE JONES: Okay. Can you look at the
15 third page, ma'am?
16 MS. GILES: The third page? So the third
17 page is indicating an inspection date of 10/27.
18 MS. SPRING: Okay. Thank you. So when,
19 on 10/27 you were visited by the --
20 (Cell phone ringing)
21 MS. SPRING: Sorry.
22 MS. GILES: I need to turn that off. I
23 apologize. She probably don't know how. On the
24 side, on the side, the first button.
25 MS. SPRING: Okay. So I'm just going to
ANP TRANSCRIPTIONS - 877-797-7047
FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017
NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 13NYSCEF: 10/17/2017
Hope Day Care, LLC
Fair Hearing No. 92623
Volume II of II
1 show you a document and I just want you to identify
2 what that is.
3 MS. GILES: This is when the State comes
4 out and do an inspection, this is like the
5 culmination of the inspection. You'll get an
6 on-site inspection report which will indicate what
7 was cited, if anything was cited.
8 MS. SPRING: And -- and what's the date of
9 that report?
10 MS. GILES: 10/27.
11 MS. SPRING: Okay. And if you look on the
12 second page, there's some items. And it says
13 corrected. That would be what you testified before
14 that if they cite something, but it could be
15 corrected there on the spot, that they would note
16 that, correct?
17 MS. GILES: Correct.
18 MS. SPRING: Okay. So the -- so --
19 MS. FRIEDBERG: Is this coming into
20 evidence or what's --
21 JUDGE JONES: Yeah, is this thing marked
22 or --
23 MS. FRIEDBERG: Yeah.
24 MS. SPRING: No. I'm just refreshing her
25 recollection as to what --
ANP TRANSCRIPTIONS - 877-797-7047
FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017
NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 14NYSCEF: 10/17/2017
Hope Day Care, LLC
Fair Hearing No. 92623
Volume II of II
1 MS. FRIEDBERG: She didn't say that she
2 needed her -- her recollection.
3 JUDGE JONES: Yeah, is this in your list
4 of documents?
5 MS. SPRING: No, I don't need it in
6 evidence, Your Honor.
7 JUDGE JONES: Then please take it back.
8 Okay?
9 MS. SPRING: So on October 27th, when the
10 State made -- when came -- made their inspection and
11 then sent you that follow up report, is it your
12 understanding that they were only -- that they were
13 violations that were corrected that did not show
14 corrected in the November 4 -- 4th letter?
15 MS. GILES: In order -- that there were
16 violations corrected -- that is not --
17 MS. SPRING: On 10/27, that still showed
18 up in that report.
19 MS. GILES: Yes, that still showed up as
20 uncorrected, yes.
21 MS. SPRING: Thank you. Now also you
22 received -- we had talked about Exhibit 15 also.
23 And can you tell me what that is?
24 MS. GILES: This is another corrective
25 action plan.
ANP TRANSCRIPTIONS - 877-797-7047
FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017
NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 15NYSCEF: 10/17/2017
Hope Day Care, LLC
Fair Hearing No. 92623
Volume II of II
1 MS. SPRING: Okay. And what's the date of
2 that?
3 MS. GILES: This one is November 10, 2016.
4 MS. SPRING: And does it indicate what
5 date that the Office came to inspect?
6 MS. GILES: This says 11/4, inspection
7 date 11/4/2016.
8 MS. SPRING: Okay. And -- let me just
9 find my -- can you (unintelligible) like to submit
10 this into evidence? I brought the originals. This
11 was the visitors log that was kept at Hope Day Care
12 Center, the sign-in log?
13 MS. FRIEDBERG: I would object to that.
14 JUDGE JONES: I'm confused at this point.
15 Are we talking about this inspection report now?
16 MS. SPRING: This is the follow up letter
17 from inspection on 11/4 and I'm showing the visitor
18 log. And we discussed this the last time with the
19 State witness that they were not there on 11/4.
20 JUDGE JONES: Okay.
21 MS. FRIEDBERG: I'm going to object to
22 this specifically because I had a conversation
23 with -- specifically with regard to this exhibit.
24 And I requested in writing that this exhibit
25 be -- that the original of this exhibit be produced
ANP TRANSCRIPTIONS - 877-797-7047
FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017
NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 16NYSCEF: 10/17/2017
Hope Day Care, LLC
Fair Hearing No. 92623
Volume II of II
1 in advance so that I could see it. Because I had a
2 question about it and I was told that I'd get a copy
3 of that in advance so that I'd be able to look at
4 that.
5 JUDGE JONES: Okay. I'm going to take a
6 five-minute adjournment so you can look at it.
7 Okay?
8 MS. FRIEDBERG: Thank you.
9 JUDGE JONES: So would you please show the
10 other side this if you're going to want to introduce
11 it into evidence. Okay?
12 MS. SPRING: And I just wanted to make the
13 record -- I have her e-mail and she did not ask for
14 it in advance. I said I would bring it to the
15 hearing.
16 JUDGE JONES: Okay (unintelligible).
17 (Whereupon, the foregoing matter went off
18 the record and went back on the record.)
19 JUDGE JONES: Okay. We're back on the
20 record. I'm going to go through the exhibits -- the
21 Appellant's exhibits as I understand them to be and
22 counsel can correct me, these are proposed exhibits.
23 Appellant A is a license. Appellant B is insurance
24 coverage binder paperwork. Appellant C is a radon
25 test results. Appellant D is a preschool IEP
ANP TRANSCRIPTIONS - 877-797-7047
FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017
NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 17NYSCEF: 10/17/2017
Hope Day Care, LLC
Fair Hearing No. 92623
Volume II of II
1 documents regarding a child named Nahsai -- is that
2 correct how you say his name?
3 MS. GILES: Uh-huh (affirmative).
4 JUDGE JONES: Nahsai. Okay. Appellant E
5 is a floor plan. Appellant F is an affidavit of
6 LeRoy Guiles. Appellant G is Hope Day Care
7 compliance history. Appellant H is the compliance
8 history of December 7, 2016 -- that is the only
9 document that is currently in evidence for the
10 Appellant. Appellant I is the October on-site
11 report -- October 3rd on-site report, which is the
12 same as the Office's Exhibit 20, is that correct?
13 MS. FRIEDBERG: Twelve.
14 JUDGE JONES: Twelve. And so we're going
15 to mark that into evidence, since it's already in
16 evidence, is that correct?
17 MS. FRIEDBERG: That's fine.
18 JUDGE JONES: All right. Appellant J is
19 the inspection report of 11 regional day care
20 centers under the supervision of the Syracuse
21 Regional Office from 2015 to 2017. Do you have
22 those? Have you seen those?
23 MS. FRIEDBERG: I don't know if I would
24 describe it that way. I -- I would describe it as a
25 print out of --
ANP TRANSCRIPTIONS - 877-797-7047
FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017
NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 18NYSCEF: 10/17/2017
Hope Day Care, LLC
Fair Hearing No. 92623
Volume II of II
1 JUDGE JONES: Well, the inspection --
2 MS. FRIEDBERG: -- the direction of day
3 care centers in Syracuse --
4
Preview
FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 10/17/2017 FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 10/17/2017 STATE OF NEW YORK OFFICE OF CHILDREN AND FAMILY SERVICES ___________________________________ In the Matter of the Appeal of: ) Theresa Giles, Manager ) Fair Hearing Tiara Love, Director ) #92623 Hope Day Care, LLC ) From a determination by the New ) Jurisdiction: York State OCFS to revoke their ) RENSSELAER day care center License: CCFS ) COUNTY #716183 ) TRANSCRIPT OF FAIR HEARING VOLUME II OF II BEFORE HONORABLE LINDA M. JONES, ADMINISTRATIVE LAW JUDGE DATE OF PROCEEDINGS: APRIL 4, 2017 HELD AT: NEW YORK STATE OFFICE OF CHILDREN & FAMILY SERVICES, SPECIAL HEARINGS BUREAU 333 East Washington Street, Syracuse, New York 13202 Proceedings recorded by electronic sound recording. Transcript produced by ANP Transcriptions 46 North Central Avenue, Suite B Ramsey, NJ 07446 Telephone: 877-797-7047 www.anptranscriptions.com FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017 NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 2 NYSCEF: 10/17/2017 Hope Day Care, LLC Fair Hearing No. 92623 Volume II of II TABLE OF CONTENTS TABLE OF CONTENTS......................2 LIST OF APPEARANCES....................4 OPENING BY THE COURT...................5 DIRECT EXAMINATION OF APPELLANT THERESA GILES BY LAURA SPRING, ESQ.......................5 CROSS-EXAMINATION OF THERESA GILES BY JUDGE LINDA JONES................................62 REDIRECT EXAMINATION OF APPELLANT THERESA GILES BY LAURA SPRING, ESQ.......................75 CROSS-EXAMINATION OF APPELLANT THERESA GILES BY JUDGE LINDA JONES.......................93 REDIRECT EXAMINATION OF APPELLANT THERESA GILES BY LAURA SPRING, ESQ.......................101 RECROSS-EXAMINATION OF APPELLANT THERESA GILES BY JUDGE LINDA JONES.......................116 REDIRECT EXAMINATION OF APPELLANT THERESA GILES BY LAURA SPRING, ESQ.......................122 RECROSS-EXAMINATION OF APPELLANT THERESA GILES BY JUDGE LINDA JONES.......................123 CROSS-EXAMINATION OF APPELLANT THERESA GILES BY FRANCES FRIEDBERG, ESQ..................127 RECORD.................................200 DIRECT EXAMINATION OF MARK DEMER BY FRANCES FRIEDBERG, ESQ...........................201 ANP TRANSCRIPTIONS - 877-797-7047 FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017 NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 3 NYSCEF: 10/17/2017 Hope Day Care, LLC Fair Hearing No. 92623 Volume II of II RECORD.................................231 TABLE OF EXHIBITS......................243 ANP TRANSCRIPTIONS - 877-797-7047 FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017 NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 4 NYSCEF: 10/17/2017 Hope Day Care, LLC Fair Hearing No. 92623 Volume II of II LIST OF APPEARANCES THERESA GILES, MANAGER TIARA LOVE, DIRECTOR FOR THE APPELLANT LAURA SPRING, ESQ. 507 PLUM STREET, SUITE 310 SYRACUSE, NEW YORK 13204 FOR THE AGENCY (APPELLEE) FRANCES FRIEDBERG, ESQ. DAY CARE ENFORCEMENT BUREAU 52 WASHINGTON STREET RENSSELAER, NEW YORK 12144 ADDITIONAL APPEARANCES WITNESS MARK DEMER ANP TRANSCRIPTIONS - 877-797-7047 FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017 NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 5 NYSCEF: 10/17/2017 Hope Day Care, LLC Fair Hearing No. 92623 Volume II of II 1 OPENING BY THE COURT 2 JUDGE LINDA JONES: Good morning. It is 3 April 4, 2017. We're back on the record in the 4 matter of Hope Day Care and Theresa Giles and Tiara 5 Love. And it is CCFS 716183. And it is the 6 Appellant's case at this point so do you want to 7 call your first witness, ma'am? 8 MS. LAURA SPRING: Yes. Theresa Giles. 9 JUDGE JONES: Ms. Giles, can you raise 10 your right hand, please? Do you solemnly swear that 11 the testimony you will give will be the truth, the 12 whole truth and nothing but the truth, so help you 13 God? 14 MS. THERESA GILES: So help me. 15 JUDGE JONES: Okay. 16 DIRECT EXAMINATION OF APPELLANT THERESA GILES BY 17 LAURA SPRING, ESQ. 18 MS. SPRING: So, Ms. Giles, can you just 19 tell me what your position is at Hope Day Care? 20 MS. GILES: Co-owner. 21 JUDGE JONES: Excuse me? 22 MS. GILES: Co-owner. 23 JUDGE JONES: Co-owner? Okay. 24 MS. SPRING: And who is the director of 25 the day care? ANP TRANSCRIPTIONS - 877-797-7047 FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017 NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 6 NYSCEF: 10/17/2017 Hope Day Care, LLC Fair Hearing No. 92623 Volume II of II 1 MS. GILES: My daughter, Tiara Love. 2 MS. SPRING: And there was an exhibit that 3 was put into evidence, Office Exhibit number 1, 4 which also, just to refresh your 5 recollection -- can -- can you tell this 6 (unintelligible) -- 7 JUDGE JONES: Yes. Yes. Yeah. No, it's 8 all right. 9 MS. SPRING: Okay. Just trying to move 10 things along here. Can you tell me if this is the 11 date -- copy of the day care license for Hope Day 12 Care? 13 MS. GILES: Yes. 14 MS. SPRING: And can you tell me the date 15 that the license was granted or the day that the 16 license commenced? 17 MS. GILES: April 10, 2015. 18 MS. SPRING: Okay. Thank you. And that's 19 the day that the day care opened or approximately 20 around that date? 21 MS. GILES: That's the -- that's the day 22 that we received the license. It was about 6:00 23 p.m. on a Friday. 24 MS. SPRING: Okay. And did the day care 25 off center then open the following Monday? ANP TRANSCRIPTIONS - 877-797-7047 FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017 NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 7 NYSCEF: 10/17/2017 Hope Day Care, LLC Fair Hearing No. 92623 Volume II of II 1 MS. GILES: Yes, the 13th. 2 MS. SPRING: Okay. And that's 2015, 3 correct? 4 MS. GILES: Correct. 5 MS. SPRING: Okay. And on the day that 6 the day care center opened, were you visited by the 7 State Office of Child and Family Services? 8 MS. GILES: Yes. 9 MS. SPRING: Okay. And who appeared 10 there? Do you recall? 11 MS. GILES: I believe it might have 12 been -- it might have been Nancy Corval (phonetic). 13 MS. SPRING: Okay. 14 MS. GILES: And -- 15 MS. SPRING: And what was the purpose of 16 their visit? Do you know? 17 MS. GILES: An inspection. 18 MS. SPRING: Okay. And did they inspect 19 the premises? 20 MS. GILES: Yes. 21 MS. SPRING: Okay. And you have been an 22 owner of a day care center prior to Hope Day Care. 23 Is that correct? 24 MS. GILES: A group day care. 25 MS. SPRING: Okay. So that would be yes? ANP TRANSCRIPTIONS - 877-797-7047 FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017 NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 8 NYSCEF: 10/17/2017 Hope Day Care, LLC Fair Hearing No. 92623 Volume II of II 1 MS. GILES: Yes. 2 MS. SPRING: And approximately of the 3 dates of your prior ownership? 4 MS. GILES: I believe I got my first 5 license -- I started informal and I believe it was 6 '99. 7 MS. SPRING: Okay. And so you had prior 8 experience with dealing with the State regarding 9 inspections. Is that correct? 10 MS. GILES: Correct. 11 MS. SPRING: All right. And was there 12 anything unusual about the inspection on April 13, 13 2015, the first day that the day care opened? 14 MS. GILES: Well, the only thing that was 15 unusual is that we had one through eight months of 16 license, doing the things to become licensed and to 17 find -- and then it was all passed on that Friday 18 prior. And we received our license on the 10th to 19 have an inspection the first day of opening. That 20 was unusual. I've never experienced that before. 21 MS. SPRING: Okay. So after you opened, 22 can you tell me -- well, let me go -- let me go back 23 because you're familiar with the -- the letter, the 24 December 14, 2016 letter, which is the reason why 25 we're here today. ANP TRANSCRIPTIONS - 877-797-7047 FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017 NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 9 NYSCEF: 10/17/2017 Hope Day Care, LLC Fair Hearing No. 92623 Volume II of II 1 MS. GILES: Yes. 2 MS. SPRING: The revocation letter and 3 we -- you were also here when the State witnesses 4 gave testimony, correct? 5 MS. GILES: Correct. 6 MS. SPRING: Okay. And remember there was 7 a couple open issues. One was regarding the radon 8 and one was regarding your insurance. Is that 9 correct? 10 MS. GILES: Correct. 11 MS. SPRING: Okay. Based on the December 12 14, 2016 revocation letter, was it -- are there any 13 open items besides the -- at the time that this was 14 given to you, served on you on December 14, were 15 there any open items besides the radon and the 16 insurance? 17 MS. GILES: No. 18 MS. SPRING: Okay. And when I say open 19 items, I mean any violations that were currently or 20 previously cited were corrected. Is that correct? 21 MS. GILES: Right. They were all 22 corrected prior to the December 14th letter. 23 MS. SPRING: Okay. So now what I -- I'm 24 sort of going backwards here in time. Prior to the 25 December 14th letter, there was a -- again, Your ANP TRANSCRIPTIONS - 877-797-7047 FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017 NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 10NYSCEF: 10/17/2017 Hope Day Care, LLC Fair Hearing No. 92623 Volume II of II 1 Honor, this exhibit separate and put into evidence 2 by the State -- there is a November -- so it's 3 Exhibit 14, 15 and 17. There was a November 3rd 4 letter addressed to actually Tiara Love at Hope Day 5 Care Center. I'll just show that to you. 6 JUDGE JONES: Which exhibit is -- oh, 14? 7 MS. SPRING: 14. 8 JUDGE JONES: Okay. 9 MS. SPRING: And can you identify what 10 that is, in your experience -- 11 MS. GILES: It's a -- 12 MS. SPRING: -- what you understand that 13 to be? 14 MS. GILES: This is a -- a corrective 15 action letter. 16 MS. SPRING: Okay. So tell me how -- your 17 understanding of the process would be that would 18 result in the day care center getting that type of 19 letter? 20 MS. GILES: What happens is if the day 21 care comes -- if the licensors come on-site and 22 you're cited for violations, this letter is a follow 23 up to show them if the items have not been corrected 24 on-site. This letter is a follow up for you to 25 show -- write a response to this letter -- respond ANP TRANSCRIPTIONS - 877-797-7047 FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017 NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 11NYSCEF: 10/17/2017 Hope Day Care, LLC Fair Hearing No. 92623 Volume II of II 1 to this letter in writing showing that the items 2 have been corrected. 3 MS. SPRING: Okay. So -- so the process 4 would be -- I'll just understand -- that someone 5 would -- that the licensors would come on-site. 6 They would inspect. If there was a violation that 7 could be corrected right then and there, they -- you 8 would correct it. 9 MS. GILES: Correct. 10 MS. SPRING: They would make note of that 11 correction. 12 MS. GILES: Correct. 13 MS. SPRING: And then you would get a 14 follow up letter like you have in your hand, which 15 would be a corrective action plan to address any 16 outstanding violations that couldn't be corrected at 17 the time they were there. 18 MS. GILES: Correct. 19 MS. SPRING: Okay. So what's the date of 20 that letter? 21 MS. GILES: November 3rd. 22 MS. SPRING: Okay. And does it say in 23 that letter when the State came to actually, 24 physically inspect? 25 MS. GILES: Actually -- ANP TRANSCRIPTIONS - 877-797-7047 FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017 NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 12NYSCEF: 10/17/2017 Hope Day Care, LLC Fair Hearing No. 92623 Volume II of II 1 MS. SPRING: I'll direct you to the second 2 page. I think it's the last paragraph. It usually 3 states when they were physically there. 4 MS. GILES: Oh, the last page of 5 everything? 6 MS. SPRING: No, no, no, no, no. Second 7 page. 8 MS. GILES: The second page. 9 MS. FRANCES FRIEDBERG: Judge, I would 10 think the document speaks for itself as to 11 when -- when they were there. 12 MS. GILES: I don't -- I don't see it in 13 here. 14 JUDGE JONES: Okay. Can you look at the 15 third page, ma'am? 16 MS. GILES: The third page? So the third 17 page is indicating an inspection date of 10/27. 18 MS. SPRING: Okay. Thank you. So when, 19 on 10/27 you were visited by the -- 20 (Cell phone ringing) 21 MS. SPRING: Sorry. 22 MS. GILES: I need to turn that off. I 23 apologize. She probably don't know how. On the 24 side, on the side, the first button. 25 MS. SPRING: Okay. So I'm just going to ANP TRANSCRIPTIONS - 877-797-7047 FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017 NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 13NYSCEF: 10/17/2017 Hope Day Care, LLC Fair Hearing No. 92623 Volume II of II 1 show you a document and I just want you to identify 2 what that is. 3 MS. GILES: This is when the State comes 4 out and do an inspection, this is like the 5 culmination of the inspection. You'll get an 6 on-site inspection report which will indicate what 7 was cited, if anything was cited. 8 MS. SPRING: And -- and what's the date of 9 that report? 10 MS. GILES: 10/27. 11 MS. SPRING: Okay. And if you look on the 12 second page, there's some items. And it says 13 corrected. That would be what you testified before 14 that if they cite something, but it could be 15 corrected there on the spot, that they would note 16 that, correct? 17 MS. GILES: Correct. 18 MS. SPRING: Okay. So the -- so -- 19 MS. FRIEDBERG: Is this coming into 20 evidence or what's -- 21 JUDGE JONES: Yeah, is this thing marked 22 or -- 23 MS. FRIEDBERG: Yeah. 24 MS. SPRING: No. I'm just refreshing her 25 recollection as to what -- ANP TRANSCRIPTIONS - 877-797-7047 FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017 NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 14NYSCEF: 10/17/2017 Hope Day Care, LLC Fair Hearing No. 92623 Volume II of II 1 MS. FRIEDBERG: She didn't say that she 2 needed her -- her recollection. 3 JUDGE JONES: Yeah, is this in your list 4 of documents? 5 MS. SPRING: No, I don't need it in 6 evidence, Your Honor. 7 JUDGE JONES: Then please take it back. 8 Okay? 9 MS. SPRING: So on October 27th, when the 10 State made -- when came -- made their inspection and 11 then sent you that follow up report, is it your 12 understanding that they were only -- that they were 13 violations that were corrected that did not show 14 corrected in the November 4 -- 4th letter? 15 MS. GILES: In order -- that there were 16 violations corrected -- that is not -- 17 MS. SPRING: On 10/27, that still showed 18 up in that report. 19 MS. GILES: Yes, that still showed up as 20 uncorrected, yes. 21 MS. SPRING: Thank you. Now also you 22 received -- we had talked about Exhibit 15 also. 23 And can you tell me what that is? 24 MS. GILES: This is another corrective 25 action plan. ANP TRANSCRIPTIONS - 877-797-7047 FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017 NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 15NYSCEF: 10/17/2017 Hope Day Care, LLC Fair Hearing No. 92623 Volume II of II 1 MS. SPRING: Okay. And what's the date of 2 that? 3 MS. GILES: This one is November 10, 2016. 4 MS. SPRING: And does it indicate what 5 date that the Office came to inspect? 6 MS. GILES: This says 11/4, inspection 7 date 11/4/2016. 8 MS. SPRING: Okay. And -- let me just 9 find my -- can you (unintelligible) like to submit 10 this into evidence? I brought the originals. This 11 was the visitors log that was kept at Hope Day Care 12 Center, the sign-in log? 13 MS. FRIEDBERG: I would object to that. 14 JUDGE JONES: I'm confused at this point. 15 Are we talking about this inspection report now? 16 MS. SPRING: This is the follow up letter 17 from inspection on 11/4 and I'm showing the visitor 18 log. And we discussed this the last time with the 19 State witness that they were not there on 11/4. 20 JUDGE JONES: Okay. 21 MS. FRIEDBERG: I'm going to object to 22 this specifically because I had a conversation 23 with -- specifically with regard to this exhibit. 24 And I requested in writing that this exhibit 25 be -- that the original of this exhibit be produced ANP TRANSCRIPTIONS - 877-797-7047 FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017 NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 16NYSCEF: 10/17/2017 Hope Day Care, LLC Fair Hearing No. 92623 Volume II of II 1 in advance so that I could see it. Because I had a 2 question about it and I was told that I'd get a copy 3 of that in advance so that I'd be able to look at 4 that. 5 JUDGE JONES: Okay. I'm going to take a 6 five-minute adjournment so you can look at it. 7 Okay? 8 MS. FRIEDBERG: Thank you. 9 JUDGE JONES: So would you please show the 10 other side this if you're going to want to introduce 11 it into evidence. Okay? 12 MS. SPRING: And I just wanted to make the 13 record -- I have her e-mail and she did not ask for 14 it in advance. I said I would bring it to the 15 hearing. 16 JUDGE JONES: Okay (unintelligible). 17 (Whereupon, the foregoing matter went off 18 the record and went back on the record.) 19 JUDGE JONES: Okay. We're back on the 20 record. I'm going to go through the exhibits -- the 21 Appellant's exhibits as I understand them to be and 22 counsel can correct me, these are proposed exhibits. 23 Appellant A is a license. Appellant B is insurance 24 coverage binder paperwork. Appellant C is a radon 25 test results. Appellant D is a preschool IEP ANP TRANSCRIPTIONS - 877-797-7047 FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017 NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 17NYSCEF: 10/17/2017 Hope Day Care, LLC Fair Hearing No. 92623 Volume II of II 1 documents regarding a child named Nahsai -- is that 2 correct how you say his name? 3 MS. GILES: Uh-huh (affirmative). 4 JUDGE JONES: Nahsai. Okay. Appellant E 5 is a floor plan. Appellant F is an affidavit of 6 LeRoy Guiles. Appellant G is Hope Day Care 7 compliance history. Appellant H is the compliance 8 history of December 7, 2016 -- that is the only 9 document that is currently in evidence for the 10 Appellant. Appellant I is the October on-site 11 report -- October 3rd on-site report, which is the 12 same as the Office's Exhibit 20, is that correct? 13 MS. FRIEDBERG: Twelve. 14 JUDGE JONES: Twelve. And so we're going 15 to mark that into evidence, since it's already in 16 evidence, is that correct? 17 MS. FRIEDBERG: That's fine. 18 JUDGE JONES: All right. Appellant J is 19 the inspection report of 11 regional day care 20 centers under the supervision of the Syracuse 21 Regional Office from 2015 to 2017. Do you have 22 those? Have you seen those? 23 MS. FRIEDBERG: I don't know if I would 24 describe it that way. I -- I would describe it as a 25 print out of -- ANP TRANSCRIPTIONS - 877-797-7047 FILED: ONONDAGA COUNTY CLERK 10/17/2017 11:37 AM INDEX NO. 003975/2017 NYSCEF DOC. NO. 18 Theresa Giles, Manager, Tiara Love, DirectorRECEIVEDand 18NYSCEF: 10/17/2017 Hope Day Care, LLC Fair Hearing No. 92623 Volume II of II 1 JUDGE JONES: Well, the inspection -- 2 MS. FRIEDBERG: -- the direction of day 3 care centers in Syracuse -- 4