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DEPARTMENT OF CHILDREN AND FAMILIES vs YOUR PRECIOUS ANGELS, 18-002779 (2018)

Court: Division of Administrative Hearings, Florida Number: 18-002779 Visitors: 15
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: YOUR PRECIOUS ANGELS
Judges: R. BRUCE MCKIBBEN
Agency: Department of Children and Family Services
Locations: Jacksonville, Florida
Filed: May 31, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, June 15, 2018.

Latest Update: Jul. 13, 2018
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Your Precious Angels LLC Certified Mail: 7016 3010 0000 0606 9450 d/b/a Your Precious Angels Return Receipt Requested 1144 Arlington Rd N Jacksonville, FL 32211 Our Case# 2018-C04DU0382-3 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of Sixty Dollars ($60.00). The Department's authority and grounds to impose this sanction are explained below: 1; The Department of Children and Families is authorized by section 402.310, Florida Statutes, to sanction Your Precious Angels LLC d/b/a Your Precious Angels for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2 Your Precious Angels LLC is licensed under chapter 402, Florida Statutes, and chapter 65C- 22, Florida Administrative Code, to operate a child care facility known as Your Precious Angels License #C04DU0382 located at 1144 Arlington Rd N, Jacksonville, FL 32211. The facility license is currently a REGULAR License. 3 During a Complaint Investigation on February 28, 2018 DCF Licensing Counselor, Nyoka Mann, determined that: Supervision of children in the two (2) year old group was inadequate in that a two (2) year old child P.F. was spinning around in an adult computer chair. Staff member A.C. said she saw P.F. in the chair and told him to get down before he falls. The child P.F. fell out of the chair hit his mouth and a tooth came out. 4. The foregoing facts violate CCF Handbook, Section 2.4.1 (B) which states: Child care personnel must be assigned to provide direct supervision to a specific group of children and be with that group of children at all times. Children must never be left inside or outside the facility, in a vehicle, or at a field trip location by themselves. 5. The violation described above is a Class Il violation of child care licensing standards. It is the facility's third (3') Class II violation of Child Care Facility Standards Classifications Summary #4 Supervision within a two-year period. The same violation was previously cited on November 3, 2016 at which time they received technical support and also on January 19, 2018. The fine imposed for this violation is Sixty Dollars ($60.00) at $60.00 per day for one (1) day. If you do not wish to contest the findings of this administrative complaint, please submit a cashier's check or money order made payable to the Florida Department of Children and Families, Child Care Regulation Office, P.O. Box 2417, Jacksonville, FL 32231. RIGHT TO ADMINISTRATIVE PROCEEDING IF YOU BELIEVE THE PROPOSED ACTION DESCRIBED IN THIS ADMINISTRATIVE COMPLAINT IS IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING IN ACCORDANCE WITH THE ENCLOSED “NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES” NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES IF YOU BELIEVE THE DEPARTMENT’S DECISION IS IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING UNDER SECTIONS 120.569 AND 120.57, FLORIDA STATUTES, TO CONTEST THE DECISION. YOUR REQUEST FOR AN ADMINISTRATIVE HEARING MUST BE RECEIVED BY THE DEPARTMENT BY 5:00, P.M., NO LATER THAN 21 CALENDAR DAYS AFTER YOU RECEIVED NOTICE OF THE DEPARTMENT’S DECISION. You must submit your request for an administrative hearing to the Department at the following addresses: David Tucker Chief Legal Counsel Department of Children & Families P. O. Box 2417 Jacksonville, FL. 32231-0083 IF YOUR REQUEST FOR AN ADMINISTRATIVE HEARING IS NOT RECEIVED BY THE DEPARTMENT BY THE ABOVE DEADLINE, YOU WILL HAVE WAIVED YOUR RIGHTS TO A HEARING AND THE DEPARTMENT’S PROPOSED ACTION WILL BE FINAL. If you disagree with the facts stated in the Department's decision, you may request a formal administrative hearing under section 120.57(1), Florida Statutes. At a formal hearing, you may present evidence and arguments on all issues involved, and question the witnesses called by the Department. If you do not disagree with the facts stated in the notice, you may request an informal administrative hearing under section 120.57(2), Florida Statutes. At an informal hearing, you may present your argument or a written statement for consideration by the Department. Whether you requesting a formal hearing or an informal hearing, your request for an administrative hearing must meet the requirements of Rule 28-106.201(2) or Rule 28- 106.301(2), Florida Administrative Code. In either event, your request for an administrative hearing must: 1. Include a copy of the decision received from the Department; 2. Be prepared legibly on 8% by 11 inch white paper, and 3. Include all of the following items: (a) The Department's file or identification number, if known; (b) Your name, address, email address (if any) and telephone number and the name, address, email address ( if any) and 3 telephone number of your representative, if any; (c) An explanation of how your rights or interests will be affected by the action described in the notice of the Department’s decision; (d) A statement of when and how you received notice of the Department's decision; (e) A statement of all facts in the notice of the Department's decision with which you disagree. If you do not disagree with any of the facts stated in the notice, you must say so; (f) A statement of the facts you believe justify a change in the Department's decision; (g) A statement of the specific rules or statutes you believe require reversal or modification of the Department's proposed action; (h) A statement explaining how the facts you have alleged above relate to the specific rules or statutes you have identified above; and (i) A statement of the relief you want, including precisely the action you want the Department to take. Section 120.569(2)(c), Florida Statutes, requires the Department to dismiss your request for hearing if it is not in substantial compliance with the requirements above. Mediation as described in section 120.573, Florida Statutes, is not available. However, other forms of mediation or informal dispute resolution may be available after a timely request for an administrative hearing has been received, 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 or informal dispute resolution does not result in a settlement. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail return receipt no. 7016 3010 0000 0606 9450 to Your Precious Angels LLC d/b/a Your Precious Angels, 1144 Arlington Rd N, Jacksonville, FL 32211 this _ ‘7 jay of May 2018. Mala Ramoutar Safety Program Manager USPS.com® - USPS Tracking® Results Page | of 3 ALERT: AS OF APRIL 30, USPS.COM NO LONGER SUPPORTS OUTDATED BROWSER... USPS T ir a cki n g FAQs > (http://faq.usps.com/?articleld=220900) Track Another Package + Remove X Tracking Number: 70163010000006069450 Your item was delivered to an individual at the address at 9:47 am on May 9, 2018 in JACKSONVILLE, FL 32211. Y Delivered May 9, 2018 at 9:47 am Delivered, Left with Individual JACKSONVILLE, FL 32211 Get Updates Vv Text & Email Updates hal Tracking History May 9, 2018, 9:47 am Delivered, Left with Individual JACKSONVILLE, FL 32211 Your item was delivered to an individual at the address at 9:47 am on May 9, 2018 in JACKSONVILLE, FL 32211. May 8, 2018, 6:22 pm Departed USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER https://tools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLo=2&text28777=&tLahbe.. 5/30/2018 USPS.com® - USPS Tracking® Results Page 2 of 3 May 8, 2018 In Transit to Next Facility May 7, 2018, 10:25 pm Arrived at USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER Product Information See Less N Can’t find what you’re looking for? Go to our FAQs section to find answers to your tracking questions. FAQs (http://faq.usps.com/?articleld=220900) https://tools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLo=2&text28777=&tLabe... 5/30/2018 USPS.com® - USPS Tracking® Results Page 3 of 3 The easiest tracking number is the one you don't have to know. With Informed Delivery®, you never have to type in another tracking number. 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Docket for Case No: 18-002779

Orders for Case No: 18-002779
Issue Date Document Summary
Jul. 13, 2018 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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