The Department of Education finds Ms. Rhodes' version of the events of February 25 to be completely lacking in credibility. If she were at Mercy South for four hours on the afternoon of February 25, the children left in her care were either at her home unsupervised or were left with a person not approved by DHS. Evidence amply supports a finding that Ms. Rhodes failed to permanently and completely correct the seriously deficient practices of conduct that threatens the health and safety of children in the provider's care. While the whereabouts of Ms. Rhodes on the afternoon of February 25 are still unknown, we conclude that children were in her home that afternoon.

The proposed termination of Misty Rhodes from the Child and Adult Care Food Program is affirmed. Ms. Rhodes failed to demonstrate that the health and safety of the children in her care was not at risk. In addition, rather than correct any deficiencies, she provided false information to Polk County CFY's regarding the events of February 25, including required information about the arrival/departure time of each child and the meal/snack service to each child on that day.