Licenses and permits – Day care – Spouse

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Where the Department of Early Education and Care (EEC) revoked a petitioner’s day care license because it found her husband to be an unsuitable household member, the revocation should not be upheld, as the petitioner has presented clear and convincing evidence that her husband is suitable to be a household member.

“Yenny Aguirre appeals from the Department of Early Education and Care’s (EEC) revocation of her day care license because it has found her husband to be an unsuitable household member. … EEC presented testimony from Maria Morales, a Background Check Specialist II. Ms. Aguirre testified on her behalf and presented testimony from DCF social worker Jacob McNally. …

“Ms. Aguire married Augusto Builes Lopera six years ago. …

“The question before DALA then is whether Ms. Aguirre has now presented clear and convincing evidence that Mr. Lopera is suitable to be a household member. Ms. Morales concluded that Mr. Lopera had not made such a showing because of serious concerns regarding drunkenness and violence raised at the time of his arrest, a possible longer term alcohol problem given his earlier arrest for drunk driving, and the lack of clear evidence that he had taken steps to resolve whatever drinking problem he had. …

“While I understand that what happened in 2022 raised serious concerns about Mr. Lopera being a member of the household where his wife ran a daycare and that the evidence of what he has done to address his alcohol issues is not crystal clear, I am persuaded by the testimony of Mr. McNally, the DCF social worker, because of his intense involvement with the family over a one year period and his conclusion after this involvement that Mr. Lopera was safe around children. …

“Although questions remain about whether Mr. Lopera is still drinking, what is more important is that there is no evidence that Mr. Lopera has become drunk and belligerent again after his arrest in 2022, and there is evidence that Mr. Lopera understands how his earlier behavior hurt his family and that he has learned strategies to prevent it. He has not participated in an alcohol cessation program, but he did try to find one and did not find one in Spanish that he could attend given his long, six-days-per-week work schedule. Although he says he is not an alcoholic, his efforts to look for some help make clear that he is aware that his drinking has created problems with his family. Mr. McNally in his visits to the house asked him and the rest of his family about his drinking. This would have been a focus of the family therapy as well considering that Ms. Aguire was well aware that Mr. Lopera became angry when drunk. Thus, Mr. Lopera would have had a year in which the focus was on his drinking and strategies to avoid problems associated with that drinking. While Ms. Aguirre believes her husband has stopped drinking, and Mr. Lopera told Mr. McNally that he had stopped, his statement to Ms. Morales suggests that he does drink sometimes, which is consistent with what his son told Mr. McNally, namely that his father does drink occasionally but has long periods of sobriety. Whatever the truth of the matter, there is no evidence of any violent arguments fueled by Mr. Lopera’s drinking since the argument in 2022 that led to Mr. Lopera’s arrest. It appears that at least he is drinking less and that he has learned strategies to prevent his behavior from getting out of hand, such as thinking before he acts. While Ms. Morales’ report accurately recites what Ms. Aguirre and her son stated about the problems Mr. Lopera’s drinking had caused, the evidence supports that he is drinking less frequently and that it has not led to any drunken, angry outbursts like the one in 2022.

“EEC’s concern is with the welfare of the children in Ms. Aguirre’s daycare. Mr. Lopera’s work schedule should consistently take him away from the home during daycare hours. DCF’s concern was with the children of the household, who are there all the time. The intense work DCF did with the family over a one year period and Mr. Lopera’s participation in home visits and family therapy throughout that year, coupled with DCF’s ultimate conclusion that the family and the children in it do not need further DCF intervention, along with the lack of any incidents of drunken rage by Mr. Lopera since 2022, presents clear and convincing evidence that Mr. Lopera is suitable to be in a household in which his wife operates a daycare.

“I therefore recommend that Mr. Lopera be approved by the Department of Early Education and care as a household member.”

Aguirre v. Department of Early Education and Care (Lawyers Weekly No. 27-013-26) (14 pages) (Rooney, First Administrative Magistrate) (Division of Administrative Law Appeals) (Docket No. OC-24-0598) (Feb. 6, 2026).

Click here to read the full text of the opinion.