Elawyers Elawyers
Washington| Change

DEPARTMENT OF CHILDREN AND FAMILIES vs TRINITY CHILD DEVELOPMENT CENTER, 18-005914 (2018)

Court: Division of Administrative Hearings, Florida Number: 18-005914 Visitors: 18
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: TRINITY CHILD DEVELOPMENT CENTER
Judges: J. BRUCE CULPEPPER
Agency: Department of Children and Family Services
Locations: Altamonte Springs, Florida
Filed: Nov. 08, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 26, 2018.

Latest Update: Feb. 19, 2019
Rick Scott State of Florida Governor Department of Children and Families William S. D’Aiuto Regional Managing Director Certified Mail No. 7018 0040 0000 0639 6851 To: Trinity Child Development Center CO9OR0123 420 & 424 Ruth Ln, Orlando FL 32801 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of $250. 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 Statutes, to sanction Trinity Child Development Center CO9OR0123 for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2 Trinity Child Development Center CO9OR0123 is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility located at 420 & 424 Ruth Ln, Orlando FL 32801. The facility license is currently on a regular annual license. 3, Respondent committed a violation of F.S.,65C-22.010 F.A.C, and Child Care Facility Handbook 8.2.B with respect to Enforcement: Child Abuse/Neglect Not Reported. During the inspections on 9/13/2018, As a mandated reporter, the owner, operator, employee or substitute failed to report suspected child abuse or neglect as required in section 39.201, Florida Statutes. For this Class I violation of Enforcement: Child Abuse/Neglect Not Reported, the Child Care Regulations Department imposes a $250. fine which is imposed in accordance with Section 402.310(1)(a), Florida Statutes, The inspection for 9/13/2018 is attached as Exhibit “A”. 4.The foregoing facts violate 65C-22.010 F.A.C and Child Care Facility Handbook 8.2.B. 5.The violation described above is a violation of child care licensing standards. It is the facility’s first violation of Enforcement: Child Abuse/Neglect Not Reported within a two-year period, The fine imposed for this violation is $250.00 Total due: $250 Central Region: 400 W. Robinson Street, Suite 912, Orlando, FL 32801 Mission: Work in Partnership with Local Communities to Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery and Resiliency If you do not wish to contest the findings of this administrative complaint, payment of the fine amount may be made directly to the Florida Department of Children and Families, Child Care Regulation Office by money order or cashier’s check. The mailing address is: Department of Children and Families Attention: Child Care Regulation 400 West Robinson Street $-912 Orlando, Florida 32801 If you wish to contest the findings of this administrative complaint, the sanctions imposed, you may do so as provided in the notification of rights, 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” CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail return receipt to Trinity Child Development Center CO9ORO123 located at 420 & 424 Ruth Ln, Orlando FL 32801 on this 26 day of October, 2018. Avida Iris Rosa Family Service Supervisor 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: BRIAN MEOLA Assistant General Counsel (Central Region) Department of Children and Families C/O District Legal Office, S-1129 400 West Robinson Street Orlando, Florida 32801-9425 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 Depariment'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 8'4 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 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. Child Care Facility Information Name: Trinity Child Development Center BE ocr stendarcs ID Number: CO9OR0123 Address: 420 & 424 Ruth Ln, Orlando FL 32801 Phone Number: (407) 849-3680 Capacity: 336 BEgel SF stonderas Owner/Director/Staff Responsible: Moser, Patricia infant Capacity: 0 Inspection Information Type: Complaint Date: 09/13/2018 Arrival/Departure Time: 09:55 AM to 11:40 AM Staff Present: 52 Children Present: 215 Infant Present: 0 Onsite Visit: Yes Pf DCF & SR Standards INSPECTION CHECKLIST GENERAL REQUIREMENTS 01, License Displayed/Citation Posted/Advertising s.402.3125(1)(a), F.S. Compliance 02. Minimum Age Requirements CCF Handbook, Section 2.2 (Form OEL-SR-€202, Section 2 Compliance Minimum Age Requirements, Page 13) 03, Ratio Sufficient CCF Handbook, Section 2.3 (Form OEL-SR-6202, Section 3 Compliance Ratios, Page 13) 04. Supervision CCF Handbook, Section 2.4 (Form OEL-SR-6202, Section 5 Noncompliance Supervision, Pages 16-17) Non-Comali D ti 04-01 Supervision of children in the [infant] group was inadequete in that [a child sustained an injury and no staff were aware]. CCF Handbook, Section 2.4 (Section 5, numbers 1 - 17) {SR} Somments Completed at time of inspection as child is no longer enrolled. Rue Date Completed at time of inspection Violation Level Class 2 05. Transportation CCF Handbook, Section 2.5 (Form OEL-SR-6202, Section 6 Not Monitored Transportation, Pages 17-19) 06, Driver's License, Physician Certification & First Aid/CPR Training CCF Not Monitored Handbook, Section 2.5 and CCF Handbook, Section 7.4 (Form OEL-SR-6202, Section 6 Transportation, Page 17-19} 07. Vehicle Insurance and Inspection CCF Handbook, Section 2.5.4 (Form OEL-SR-6202, Not Monitored Section 6 Transportation, Page 17-19) 08, Seat Belts/Child Restraints CCF Handbook, Section 2.5.4 and CCF Handbook, Not Monitored Section 2.5.5 (Form OEL-SR-6202, Section 6 Transportation, Pages 17-19) 09. Planned Activities CCF Handbook, Section 2.6 (Form OEL-SR-6202, Section 7 Not Monitored Planned Activities, Pages 19-20) 40. Field Trip Permission CCF Handbook, Section 2.7 (Form OEL-SR-6202, Section 3 Not Monitored Field Trip Activity, Pages 20-21) 11. Child Discipline CCF Handbook, Section 2.8 (Form OEL-SR-6202, Section 9 Child Not Monitored Discipline, Pages 21-22) EXHIBIT "A" PHYSICAL ENVIRONMENT Page 1 of 7 Name: Trinity Child Development Center License #: CO9OR0123 eran B Faris Address: 420 & 424 Ruth Ln, Oriando FL 32801 Type: Complaint Date: 09/13/2018 28, Bottles, Breastmilk, Formula and Infant Food CCF Handbook, Section 3.9 (Form OEL-SR-6202, Section 5 Supervision, Pages 16-17),(Form CEL-SR-6202, Section 17.4 Breastmilk, Infant Formula and Food, Pages 40-41) SANITATION AND EQUIPMENT 29, Health and Sanitation CCF Handbook, Section 3.6, 3.9, and 3.10 (Form OEL-SR-6202, Section 12 Health and Sanitation, Page 28) 30, Diapering CCF Handbook, Section 3.10 (Form OEL-SR-6202, Section 5 Supervision, Pages 16-17),(Form OEL-SR-6202, Section 12.3 Diapering, Pages 31. indoor Equipment CCF Handbook, Section 3.11 (Form OEL-SR-6202, Section 11 Equipment and Furnishings, Pages 26-27) 32. Outdoor Equipment CCF Handbook, Section 3.12 (Form OEL-SR-6202, Section 11 Equipment and Furnishings, Pages 26-27} TRAINING 33. Training Requirements CCF Handbook, Section 4 (Form OEL-SR-6202, Section 18 Training Requirements, Pages 26-27) 34, Credentialed Staff CCF Handbook, Section 4.6 & 4.7 HEALTH REQUIREMENTS 35. Communicable Disease Control CCF Handbook, Section 6.1 (Form OEL-SR-6202, Section 13 Health-Related Requirements, Pages 30-31) 36. CPR Requirements CCF Handbook, Section 4.2.4 (Form OEL-SR-6202, Section 13.4 First Ald and Cardiopulmonary Resuscitation Pages 31-32) 37. First Aid Requirements CCF Handbook, Section 4.2.4 and 6.2 (Form OEL-SR-6202, Section 13.4 First Aid and Cardiopulmonary Resuscitation Pages 31-32) 38. Emergency Telephone Numbers CCF Handbook, Section 6.3 (Form OEL-SR-6202, Section 15 Emergency Procedures and Notification, Pages 34-35) 39. Accident/ Incident Notification and Documentation CCF Handbook, Section 6.3 & 6.4 (Form OEL-SR-6202, Section 15 Emergency Procedures and Notification, Page 35) 39-06 Documentation of an accident or incident was not maintained by the facility for ¢ minimum of ona year. CCF Handbook, Section 6.4, D (Section 45.1, number 4) [SR] Somments Completed at time of inspection as a new accident report was completed. Due Date Completed at time of inspection Violation Level Class 3 40, Medication CCF Handbook, Section 6.5 (Form OEL-SR-6202, Section 16 Medication, Pages 35-36) Page 3 of 7 Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Noncompliance Not Monitored ee Name: Trinity Child Development Center License #: CO90R0123 ve. wosnroon Address: 420 & 424 Ruth Ln, Orlando FL 32801 Type: Complaint Date: 09/13/2018 COMPLAINT FORM Complaint: Received 9/12/18: A child fell at the daycare back on July 25th. Mom was not notified that child had fallen. Mom was told about incident when she went to pick up child at the end of the day. Mom works at the same place but in a different building/area. Child returned the next day and when she picked up the child, mom was told by staff that she should have child checked by a doctor because It seemed as though she was losing her balance. Mom took child to doctor who then sent mom and child to ER. Mom as insisted to see the video from that day and has not be allowed to for reasons given to her by personnel. This child still has the bump on her head. Page 5 of 7 Name: Trinity Child Development Center License #: CO9OR0123 Address: 420 & 424 Ruth Ln, Orlando FL 32801 Type: Complaint Date: 09/13/2018 Received by: Moser, Patricia inspected by: David Meconitas Date: 09/13/2018 Date: 09/13/2018 Page 7 of 7 423. Livingston Street Orlando, FL 32801 Phenomenal Fish Doran, Emma Lopez, Alexandra Reid, Colette Tabares, Diana M Webb, Tawana Williams, Desiree Total Employees: 6 10/8/2018 -- Page 4 Trinity Child Development Center’ Daily Employee Attendance Summary 407-488-1919 ext 120 pmoser@trinitydowntown.org TaxiD: 59-0700568 Wednesday 7/28/2018 (Cont) \ P@t1OS 6am 7am 8am Qam 10am 11am Noon tpm 2pm 3pm 4pm Spm 6pm HH:MM 10:27 5:34 8:35 5:01 8:33 10:24 48:34 o - t+ Ww © oO © oO + t+ “ N N pool: Daily Attendance Summary (12 Hours), ED_TimecardSummary06.rpt

Docket for Case No: 18-005914

Orders for Case No: 18-005914
Issue Date Document Summary
Feb. 18, 2019 Agency Final Order
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer