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Baptiste Group Seeks Renewal of License To Operate Chattanooga Migrant Children Facility
Baptiste Group Seeks Renewal of License To Operate Chattanooga Migrant Children Facility
Baptiste Group Seeks Renewal of License To Operate Chattanooga Migrant Children Facility
2/4/2022 4:21 PM
CLERK & MASTER
DAVIDSON CO. CHANCERY CT.
Petitioner, The Baptiste Group, LLC (“TBG”) by and through its counsel of record, files
this bench brief regarding the narrow issue of whether this Judicial Review would be mooted upon
the anticipated natural expiration of TBG’s license to operate (License No. 21035) (“TBG’s
INTRODUCTION
As the Court acknowledged during the hearing on January 28, 2022, the Tennessee
Department of Children’s Services (the “Department”) issued the summary suspension that is the
subject of this Judicial Review over seven months ago on July 1, 2021 and then sat idly taking no
further action against TBG’s License, despite its statutory obligation to “promptly” institute
further proceedings if the Department determined that revocation or denial of the license was
warranted following suspension. Tenn. Code Ann. § 37-5-514(d)(1). It was not until September
17, 2021, which was over two months after the Department issued the summary suspension, that
the Department issued a Notice of Revocation to TBG. All the while, over the past seven months
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and counting, TBG has continued to suffer irreparable harm while its doors are closed, and it is
unable to operate.
Although all parties involved knew that TBG’s License would naturally expire on February
27, 2022, the summary suspension proceeding and the revocation proceeding remain unresolved
less than thirty days before the expiration date. Despite this knowledge, the Department
unilaterally chose not to initiate the process of renewal of TBG’s License. TBG is unaware of any
written or publicized process or protocols in place for the renewal of a license of a residential child
care agency, despite it scouring the Department’s official website and the applicable Rules and
Regulations and law. It is TBG’s understanding that usually the Department’s Licensing office
will contact a licensed facility some weeks before the license expires to schedule a final inspection
and determine whether the license should be renewed. The Department has not done this.
On January 31, 2022, TBG formally requested by e-mail that the Department renew TBG’s
License and, accordingly, begin its renewal process. TBG’s written request is attached as Exhibit
A. TBG received a response from Sammi Maifair, Senior Associate Counsel for the Office of
Exhibit A (emphasis added). Regardless of whether the Department fails to timely respond to the
request to renew, denies the request, or grants it, these proceedings will not become moot on
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LAW AND ARGUMENT
With TBG’s formal request to renew TBG’s License, even upon the passing of February
27, 2022, these proceedings will not become moot, regardless of the Department’s initial renewal
decision. Under Tenn. Code Ann. § 4-5-320(b) of the Uniform Administrative Procedures Act,
“[w]hen a licensee has made timely and sufficient application for the renewal of a license . . . the
existing license does not expire until the application has been finally determined by the agency,
and, in case the application is denied or the terms of the new license limited, until the last day for
seeking review of the agency order or a later date fixed by order of the reviewing court.” Tenn.
Code Ann. § 4-5-320(b). With respect to TBG’s request to renew, the applicable licensing laws
If the department determines that any applicant . . . for the renewal of an existing
license has failed to attain, or an existing licensee has failed to maintain, compliance
with licensing laws or regulations after reasonable notice of such failure and a
reasonable opportunity to demonstrate compliance with licensing laws or
regulations, the department may deny the application for the new or renewed
license or may revoke the existing license; . . . provided, further, if the department
determines that repeated or serious violations of licensing laws or regulations
warrant the denial or revocation of the license, then, notwithstanding any provisions
of § 4-5-320 or this subsection (c) to the contrary, the department may seek denial
or revocation of the license regardless of the licensee's demonstration of
compliance either before or after the notice of denial of the application or after
notice of the revocation.
Tenn. Code Ann. § 37-5-514(c)(1). If an application for the renewal of a license is denied, the
applicant may appeal the denial and request a hearing. Tenn. Code Ann. § 37-5-514(c)(3). Only if
the licensee fails to timely appeal does the existing license expire immediately. Id. If timely appeal
is made, “pending the hearing upon the denial . . . the child care agency may continue to operate
pending the decision of the board of review unless the license is summarily suspended.” Tenn.
Code Ann. § 37-5-514(c)(5)(A). Accordingly, while TBG’s request for renewal remains
undecided, TBG’s existing license does not expire. Further, if the summary suspension is lifted,
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which is the issue presently before the Court for Judicial Review, TBG may continue to operate
pending any appeal of the Department’s decision. 1 Thus, upon February 27, 2022, considering
TBG’s formal request for renewal to the Department which remains pending and subject to appeal,
the Court’s judicial review of the summary suspension remains relevant for decision.
In addition, in a sparse, two-page Order, the Respondents purportedly issued the summary
suspension on July 1, 2021 because it claimed the “health, safety or welfare of the children in the
care of the Facility imperatively requires such emergency action.” TBG filed this Petition for
Judicial Review of the summary suspension on the grounds that the agency action was
unconstitutional, exceeded the Respondents’ statutory authority, and was arbitrary and capricious
and unwarranted in fact or law. A final decision impacts TBG’s reputation, and in that regard,
judicial review of the propriety of the summary suspension is and will be necessary,
CONCLUSION
Because TBG has formally requested a renewal of TBG’s License, TBG’s request for
Judicial Review of the summary suspension will not become moot on February 27, 2022.
Regardless of the Department’s decision regarding the renewal request, TBG may appeal that
decision. The applicable licensing laws allow TBG to continue to operate while that appeal is
1This is also the case, even with a Notice of Revocation issued on September 17, 2021, because
TBG has appealed the agency decision and awaits a hearing before the Board of Review and its
decision.
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Respectfully submitted,
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CERTIFICATE OF SERVICE
I hereby certify that on February 4, 2022, a true and correct copy of the foregoing document
was served by email and first-class U.S. Mail upon: