DEPART, Rick Scott Ny % Governor P & e ® °° State of Florida David E. witki z 7 ° 1 avid E. ins $ K; Department of Chiidren and Families Secretary Xd » Cael nF ee MYFLEAMILIES.COM William S. D’Aiuto Regional Managing Director STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Hand Delivered on: June 27, 2013 To: Mini Miracles Childrens World Daycare Attention: Wanda Williams 1712 West Chase Street Lakeland FL 33815 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department is proposing to impose administrative fines totaling $1,115.00 and deny your renewal application, for your child care license number C10P00769 to be operated at 1712 West Chase Street Lakeland FL 33815. The Department's authority and grounds to impose these sanctions are explained below. 1. The Department of Children and Families is authorized by section 402.310, Florida Statues, to sanction Mini Miracles Childrens World Daycare for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statues, and Chapter 65C-22, Florida Administrative Code, You will be permitted to operate under a provisional ficense pending the outcome of the Administrative hearing (see paragraph 2). The decision to deny your application is based on previous and current violations of 402.210 through 402.319 F.S. 2. Wanda Wiiliams is currently licensed under Chapter 402, F.S. and Chapter 65C- 22 F.A.C., to operate a child care facility known as Mini Miracles Children’s World Daycare (hereinafter “facility’) located at 1712 West Chase Street Lakeland FL 33815. The facility is currently licensed as a provisional license based upon jack of a credentialed director in accordance with Rule 65C-22.003({6) (a}{d), F.A.C. An Administrative Complaint was served on March 22 2013 proposing to revoke your license and impose a $1600.00 fine (see the attached Exhibit “A’}. You requested an Administrative Hearing in regards to the fines and revocation proposed in the Administrative Complaint. At this time the hearing has not occurred; therefore, you will be permitted to operate your facility under a provisional license until the resolution of the hearing. 3. On April 23, 2013, the Department received a complaint against your facility, and while investigating the allegations contained in the complaint, it was determined your staff failed to have the introduction course started within 90 days of their industry start date. There was no documentation on file that S.T. had begun her training within 90 days from her industry start date, which was March of 2011. During a renewal inspection on June 12, 2013, your staff also failed to have the introduction course started within 90 days of the industry start date. 200 N Keritucky Ave Lakeland 3” Floor @ Lakeland, Florida 33830 —_—_ Mission: Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Familv Recovery and Resiliann, a Mini Miracles Childrens World Daycare Center Administrative Complaint There was no proof that T.W. had commenced her 40 hours of required training and her industry start date was on March 7, 2013. Your facility previously violated this licensing started on October 22,2012 and December 27, 2012 and was provided technical assistance. 4. The foregoing facts violate s. 402.305 (2)(d) & 3, Florida Statues (F.S) and Rule 65C-22.003(c), Florida Administrative Code (F.A.C). 5. The violations above are Class Il! violations of child care licensing standards. It is the facility’s third and fourth violation of the same licensing standard, since opening one year ago. The proposed fines for these violations are $25 and $30 respectively. 6. On April 23, 2013 it was determined that your facility failed to have documentation to support an updated level 2 background screening was completed on S.T. Although S.T had a level 2 background screening in her file from another center, she had been out of the child care service for more than 90 days, requiring her to have been rescreened, On May 20, 2013, the Department received a complaint against your facility. On May 21, 2013, while commencing the investigation contained in the complaint, L.W was observed caring for children without having her level 2 background screening. During a renewal inspection on June 12, 2013, your facility did not have documentation to support that L.A. had her level 2 background screening. In the file LA. had a FDLE cover sheet, but it did not include a clearance jetter of any other documentation. Your facility previously violated this ficensing standard on October 9, 2012 and October 22 2012. You received an Administrative Complaint for this on March 22, 2013, and requested an Administrative hearing which is currently pending. 7. The foregoing facts violate s. 402.3054 (3) Florida Statues (F.S) and Rule 65C 22.006 (4) (d) (1), Florida Administrative Code (F.A.C). 8. The violations above are Class II violations of child care licensing standards. They are the facility's third and fourth violation of the same licensing, since opening one year ago. The proposed fines for these violations are $60 and $75 respectively. 9. On May 21, 2013, your facility was found to have insufficient staff per the staff to child ratio requirements. There were nine (9) children observed and one of the children was under the age of one. Upon arrival at the facility on June 12, 2013, there were eleven (11) children and two (2) staff present. There were two children included in the group of eleven that were under the age of one; therefore violating the staff to child ratio requirements. Your facility previously violated this licensing standard on August 29, 2012, and was provided technical assistance. 410. The foregoing facts violate s. 402.305 (4) Florida Statues (F.S) and Rule 65C 22.001 (4) (a) (b), Florida Administrative Code (F.A.C). 11, The violations above are Class I! violations of child care licensing standards. They are the facility's second and third violation of the same licensing standard within a one year period of opening. The proposed fines for these violations are $50 and $60 respectively. 42. On May 21, 2013 a child was found to be sleeping in a bouncer seat. Your facility previously violated this licensing standard on October 9, 2013 and October 22, 2012 and was provided technical assistance. Mini Miracles Childrens World Daycare Center Administrative Complaint o. The foregoing facts violate Rule 65C 22.002(5) (a) (c), Florida Administrative Code (F.A.C). 14. The violation above is a Class It violation of child care licensing standards. It is the facility's third violation of the same licensing standard within one year period of opening. The fine imposed for this violation is $60. 15. While investigating the complaint on May 21, 2013, the Department leamed that on May 20, 2013 the child S.M was left alone with the operator’s husband S.K., who is an unscreened Individual that is not an employee of the facility. This licensing standard was previously violated on October 9, 2012. An administrative fine was received by you on March 22, 2012 and an administrative hearing is pending. 16. The foregoing facts violate s. 402.305 (2) Florida Statues (F.S) and Rule 65C 22,001 (6), Florida Administrative Code (F.A.C) 17. The violation above is a Class I violation of child care licensing standards. It is the facility's second violation of the same licensing standard within one year period of opening. The fine imposed for this violation is $200. 18. During a renewal inspection on June 12, 2013 there was no menu posted for the week documenting the meals being served to the children. You advised the Department that it had not been printed out yet. An onsite visit was conducted on June 14, 2013, to follow up on the May 20, 2013 complaint, and the children were observed eating what was not on the posted menu. The children did not have fruit even though blueberries were on the posted menu. Further review of the menu found that the date was incorrect and when you were approached about the error you stated that you did not have any ink to print the menu. Your facility previously violated this licensing standard on October 9, 2012 and October 22, 2012 and was provided technical assistance. 19. The foregoing facts violate Rule 65C-22.005(1) (d), Florida Administrative Code (F.A.C). 20. The violations above are Class Ill violations of child care licensing standards. It is the facility's third and fourth violations of the same licensing, since opening one year ago. The proposed fines for these violations are $25 and $30 respectively. 21. On June 14, 2013 you provided fraudulent information to the Department. You insisted that C.C. was the director of your facility; however further evidence found that C.C. terminated her employment and had no plans to return. Your facility previously provided fraudulent information to the Department on October 9, 2012 and an administrative complaint was received by you on March 22, 2013. Currently an administrative hearing is pending. 22. The foregoing facts violate s. 402.319 Florida Statues (F.S) AND constitute a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, F.S. 23. The violation above is a Class | violation of child care licensing standards. It is the facility's second violation of the same ficensing standard within a one year period of opening. The fine imposed for this violation is $500. Mini Miracles Childrens World Daycare Center Administrative Complaint Your current facility has failed to maintain the minimum standards of care required by Chapter 65C-22, F.A.C., and therefore, the Department is imposing to deny your application to operate a new child care facility. if you wish to contest the findings of this administrative complaint or the sanctions imposed, you may do so as provided in the notification of rights below. NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES {F YOU BELIEVE THE DEPARTMENT'S DECISION IS IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING TO CONTEST THE DECISION. YOUR REQUEST FOR AN ADMINISTRATIVE HEARING MUST BE IN WRITING AND MUST BE RECEIVED BY THE DEPARTMENT WITHIN 21 DAYS OF YOUR RECEIPT OF THIS NOTICE. FAILURE TO REQUEST AN ADMINISTRATIVE HEARING WITHIN THE 21 DAYS PROVIDED SHALL CONSTITUTE A WAIVER OF THE RIGHT TO A HEARING. You may submit your request for an administrative hearing to the Department at the following addresses: Chery! Westmoreland, Esquire Assistant Regional Counsel, Circuit 10 1055 US Highway 17 N Bartow FL 33880 AND Gregory Venz, Esquire Agency Clerk 1317 Winewood Blvd. Bldg. 2, Rm. 204-X Tallahassee, FL 32399-0700 Please note a request for an administrative hearing must comply with section 120.569(2\c), Florida Statutes, and Rules 28-106.201(2), Florida Administrative Code. Those provisions require a petition for administrative hearing to include: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; (c) An explanation of how the petitioner's substantial interests will be affected by the agency determination; (d) A statement of when and how the petitioner received notice of the agency decision; (e) A statement of all disputed issues of material facts. If there are none, the petition must so indicate; Mini Miracles Childrens World Daycare Center Administrative Complaint (f} A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency’s proposed action; (g) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (n) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect to the agency's proposed action. Section 120.569, Florida Statutes, and rule 28-106.201(4), Fiorida Administrative Code, require a petition to be dismissed if it is not in substantial compliance with the requirements above. Mediation as described in section 120.573, Florida Statutes, may be available if agreed to by all parties, and on such terms as agreed to by all parties. The right to an administrative proceeding is not affected when mediation does not result in a settlement. Nancy Ebrahimi, Child Qare)Reguiation Supervisor CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by hand delivery receipt to Wanda Williams, this_2" 1 day of v7 ML. , 2013. Keuteo Karn Linda Kams Child Care Regulations Counselor

Docket for Case No: 13-002798

Orders for Case No: 13-002798