Kelly v. Dept. of Jobs & Family Servs.
2014 Ohio 3312
Ohio Ct. App.2014Background
- Ms. Linda Kelly was certified as a type B home childcare provider in Summit County in 2000.
- In 2013, a two-year-old in her care, J.M., died after choking on a toy.
- JFS suspended Kelly’s childcare contract on March 28, 2013 and then revoked it the same day.
- The revocation referenced noncompliance with Administrative Code 5101:2-14-06(C)(1) and 5101:2-14-20, and Chapter 5104 of the Revised Code.
- Kelly challenged the revocation at a county appeal review; the hearing officer upheld the revocation and the trial court affirmed, leading to this appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether revocation relied on an unnotified regulation | Kelly contends revocation rested on 5101:2-14-19(A)(11), not listed in the revocation notice. | JFS contends the decision’s reliance on 5101:2-14-19(A)(11) was incidental and the main basis was 5101:2-14-20, with proper citations in the record. | Trial court abused discretion; remanded for new county appeal review. |
| Whether the revocation decision sufficiently identified the rule(s) or statute violated | Notice failed to cite the specific rule violated as required by 5101:2-14-06(D). | The decision referenced applicable rules and the totality of the circumstances; exact labeling was unclear but permissible. | Remand required due to lack of specificity in the decision. |
Key Cases Cited
- Hirsi v. Franklin Cty. Dept. Job & Family Servs., 2014-Ohio-1804 (10th Dist. Franklin No. 13AP-39, 2014-Ohio-1804) (limited standard of review in RC 2506.04 appeals)
- Henley v. Youngstown Bd. of Zoning Appeals, 90 Ohio St.3d 142 (2000) (scope of appellate review is more limited than trial court)
- Lorain City School Dist. Bd. Of Educ. v. State Emp. Relations Bd., 40 Ohio St.3d 257 (1988) (abuse of discretion standard for appellate review of administrative decisions)
- Coleman v. State Med. Bd. Of Ohio, 10th Dist. Franklin No. 06AP-1299 (2007-Ohio-5007) (remand and procedural guidance for agency reviews)
- Kisil v. Sandusky, 12 Ohio St.3d 30 (1984) (standard of review in appeals from administrative decisions)