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DEPARTMENT OF CHILDREN AND FAMILIES vs REID'S EDUCATIONAL CHILD CARE CENTRE, LLC, D/B/A REID'S EDUCATIONAL CHILD CARE CENTER, 19-000698 (2019)

Court: Division of Administrative Hearings, Florida Number: 19-000698 Visitors: 76
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: REID'S EDUCATIONAL CHILD CARE CENTRE, LLC, D/B/A REID'S EDUCATIONAL CHILD CARE CENTER
Judges: SUZANNE VAN WYK
Agency: Department of Children and Family Services
Locations: Jacksonville, Florida
Filed: Feb. 08, 2019
Status: Closed
Recommended Order on Wednesday, June 5, 2019.

Latest Update: Sep. 06, 2019
Summary: Petitioner proved by clear and convincing evidence that Respondent should be fined, and Respondent's child care license, should be revoked, due to violations of child care licensing standards.
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Reid’s Educational Child Care Centre LLC Certified Mail: 7016 0340 0001 1355 8615 d/b/a Reid’s Educational Child Care Center Return Receipt Requested 10658 Biscayne Blvd Jacksonville, FL 32218 Our Case# 2019-C04DU1005-1 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of Three Hundred Thirty-Five Dollars ($335.00) and REVOCATION OF CHILD CARE LICENSE. 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 Reid’s Educational Child Care Centre LLC d/b/a Reid’s Educational Child Care Center for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C- 22, Florida Administrative Code. ra Reid’s Educational Child Care Centre is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Reid’s Educational Child Care Center License #C04DU1005 located at 10658 Biscayne Blvd, Jacksonville, FL 32218. The facility license is currently a PROBATIONARY License. Violation #1 3; During a Routine Inspection on December 27, 2018 DCF Licensing Counselor, Hannah McGlothlin, determined that: Supervision of children in the mixed age group was inadequate in that when the teacher C.G. came to open the door for the Counselors, she closed the door leading to the classroom where the four (4) children in the mixed age group were located leaving them alone without direct supervision. C.G. stated that she shut the door to the classroom to open the front door to ensure that the children wouldn’t try to run from the classroom. Counselor advised C.G. that she was not allowed to shut the door preventing her from seeing and/or hearing the children at any time. 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 #04-01 Supervision within a two-year period. The same violation was previously cited on July 11, 2018 and also on July 23, 2018 at which time they were fined $50.00. The fine imposed for this violation is Sixty Dollars ($60.00) per day for one (1) day. Violation #2 6. During a Routine Inspection on December 27, 2018 DCF Licensing Counselor, Hannah McGlothlin, determined that: Child(ren) did not have a Student Health Examination/DH (Form 3040) or an equivalent health statement on file within 30 days of enrollment. Counselor reviewed all currently enrolled children’s records, eleven (11) total. Counselor observed one child M.S. without a current Student Health Examination/DH (Form 3040) on file. bs The foregoing facts violate CCF Handbook, Section 7.2 (A-C) which states: The child care facility is responsible for obtaining for each child in care a current, complete and properly executed Student Health Examination form DH 3040, which is incorporated by reference in 65C-22.001(7)(q), F.A.C. and may be obtained from the local county health department, the parent or legal guardian, or a signed statement by authorized professionals that indicate the results of the components of the Student Health Examination form 2 are included in the health examination. A. The Student Health Examination shall be completed by a person given statutory authority to perform health examinations. B. The Student Health Examination or the signed statement is valid for two years from the date the physical was performed. An up-to-date version must be on file for as long as the child is enrolled at the facility. C. If the custodial parents or legal guardians fail to provide the documentation required above within 30 days of enrollment, the facility shall not allow the child to remain in the program. 8. The violation described above is a Class Ill violation of child care licensing standards. It is the facility’s third (3) Class III violation of Child Care Facility Standards Classifications Summary #42-01 Student Health and Records within a two-year period. The same violation was previously cited on July 11, 2018 and again on November 20, 2018. The fine imposed for this violation is Twenty-Five Dollars ($25.00). Violation #3 9. During a Routine Inspection on December 27, 2018 DCF Licensing Counselor, Hannah McGlothlin, determined that: Child care personnel misrepresented information, impersonated or provided fraudulent information related to the child care facility to a parent/guardian, licensing authority or law enforcement that could or did result in the death or serious harm to the health, safety or wellbeing of a child. It was determined that on December 28, 2018, a falsified First Aid/CPR card for child care personnel member C.G. was provided to Counselor. The card that was provided to the Counselor had been altered from its original form. Counselor received a First Aid/CPR card for C.G. which states that the First Aid/CPR course was completed on November 6, 2018, and that the certification expires on November 6, 2020. The authorized instructor listed on the card is P.C. When the Counselor reached out to P.C. on December 28, 2018, P.C. stated that she did not have anyone by the name of C.G. on her log for the date of November 6, 2018. Counselor then sent an email to P.C. with a copy of the card and P.C. responded that she did not provide the card to the individual. There was a response from G.D. attaching the CPR/First Aid forms on January 3, 2019. However, the Counselor stated she called P.C. the morning 3 she received the card and confirmed that C.G. had completed the course. P.C. also stated the she had never met/trained C.G. prior to that day on January 2, 2019. 10. The foregoing facts violate Florida Statute 402.319 (1)(A-F 1-5)(2) which states: (1) Itis a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any person knowingly to: (a) Fail, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose in any application for voluntary or paid employment or licensure regulated under ss. 402.301-402.318 all information required under those sections or a material fact used in making a determination as to such person’s qualifications to be child care personnel, as defined in s. 402.302, in a child care facility, family day care home, or other child care program. (b) Operate or attempt to operate a child care facility without having procured a license as required by this act. (c) Operate or attempt to operate a family day care home without a license or without registering with the department, whichever is applicable. (d) Operate or attempt to operate a child care facility or family day care home under a license that is suspended, revoked, or terminated. (e) Misrepresent, by act or omission, a child care facility or family day care home to be duly licensed pursuant to this act without being so licensed. (f) Make any other misrepresentation, by act or omission, regarding the licensure or operation of a child care facility or family day care home to a parent or guardian who has a child placed in the facility or is inquiring as to placing a child in the facility, or to a representative of the licensing authority, or to a representative of a law enforcement agency, including, but not limited to, any misrepresentation as to: 1. The number of children at the child care facility or the family day care home; 2. The part of the child care facility or family day care home designated for child care; 3. The qualifications or credentials of child care personnel; 4. Whether a family day care home or child care facility complies with the screening requirements of s. 402.305; or §. Whether child care personnel have the training as required by s. 402.305. (2) If any child care personnel makes any misrepresentation in violation of this section to a parent or guardian who has placed a child in the child care facility or family day care home, and the parent or guardian relied upon the misrepresentation, and the child suffers great bodily harm, permanent disfigurement, permanent disability, or death as a result of an intentional act or negligence by the child care personnel, then the child care personnel commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 11. The violation described above is a Class | violation of child care licensing standards. It is the facility's first (18*) Class | violation of Child Care Facility Standards Classifications Summary #47-07 Access/Child Safety within a two-year period. This is also the second (2) Class | of any standard within in a two-year period. The fine imposed for this violation is Two Hundred Fifty Dollars ($250.00) and REVOCATION OF CHILD CARE LICENSE. (Provider is currently on Probation for Facility Environment of which one of the terms was not to incur any Class | violations during the probationary period). Provider has failed to comply with the terms of the Probation therefore their license is being Revoked. If you do not wish to contest the findings of this administrative complaint, please submit a cashiers 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 INERROR, 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 6 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 0340 0001 1355 8615 to Reid’s Educational Child Care Centre LLC d/b/a Reid’s Educational Child Care Center, 10658 Biscayne Blvd, Jacksonville, FL 32218 this day of January 2019. Mala Ramoutar Safety Program Manager USPS.com® - USPS Tracking® Results Page | of 3 ALERT: EXTREME COLD HAS CAUSED USPS SERVICE DISRUPTIONS ACROSS THE... USPS Tr a ckin g FAQs > (https://www.usps.com/faqs/uspstracking-faqs.htm) Track Another Package + Remove X Tracking Number: 701603400001 13558615 Expected Delivery on FRIDAY by 11 228° so0pmo yoeqpes4 Y Delivered January 11, 2019 at 9:56 am Delivered, Left with Individual JACKSONVILLE, FL 32218 Get Updates \V Text & Email Updates Tracking History January 11, 2019, 9:56 am Delivered, Left with Individual JACKSONVILLE, FL 32218 Your item was delivered to an individual at the address at 9:56 am on January 11, 2019 in JACKSONVILLE, FL 32218. https://tools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLc=2 &text28777=&tLabe... 1/31/2019 USPS.com® - USPS Tracking® Results Page 2 of 3 January 11, 2019, 9:10 am Out for Delivery JACKSONVILLE, FL 32218 January 11, 2019, 9:00 am Sorting Complete JACKSONVILLE, FL 32218 January 11, 2019, 6:51 am Arrived at Unit JACKSONVILLE, FL 32218 January 11, 2019, 6:31 am Departed USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER January 10, 2019, 11:22 pm Arrived at USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER yoeqpee4 Product Information See Less A Can’t find what you’re looking for? 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Docket for Case No: 19-000698
Issue Date Proceedings
Sep. 06, 2019 Agency Final Order filed.
Jun. 05, 2019 Recommended Order cover letter identifying the hearing record referred to the Agency.
Jun. 05, 2019 Recommended Order (hearing held April 10, 2019). CASE CLOSED.
Jun. 03, 2019 Motion to Dissolve/Terminate Case(s) filed.
Jun. 03, 2019 Notice of Filing (e-mail notice from Respondent) filed.
May 30, 2019 Order Denying Respondent's Motion for Extension of Time.
May 30, 2019 Motion Requesting More Time to File Responsed to Hearing Transcript filed.
May 13, 2019 Proposed Recommended Order (filed in Case No. 19-000698).
May 13, 2019 Proposed Recommended Order filed.
May 09, 2019 Notice of Filing Transcript.
May 08, 2019 Transcript of Proceedings (not available for viewing) filed.
May 02, 2019 Department's Notice of Filing Hearing Transcript filed.
Apr. 11, 2019 Respondent's Proposed Exhibits 14 and 15 filed (exhibits not available for viewing).
Apr. 10, 2019 CASE STATUS: Hearing Held.
Apr. 09, 2019 Notice of Filing Exhibit filed by Respondent.
Apr. 09, 2019 Notice of Filing Service Returns (filed in Case No. 19-000698).
Apr. 09, 2019 Notice of Filing Additional Exhibit filed.
Apr. 08, 2019 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Apr. 05, 2019 Joint Response to Order of Pre-hearing Instructions filed.
Feb. 25, 2019 Order of Consolidation (DOAH Case Nos. 18-6799 and 19-0698).
Feb. 25, 2019 Notice of Transfer.
Feb. 22, 2019 Amended Response to Initial Order filed.
Feb. 20, 2019 Unilateral Response to Initial Order filed.
Feb. 12, 2019 Initial Order.
Feb. 08, 2019 Administrative Complaint filed.
Feb. 08, 2019 Response to Administrative Complaint filed.
Feb. 08, 2019 Notice (of Agency referral) filed.

Orders for Case No: 19-000698
Issue Date Document Summary
Sep. 05, 2019 Agency Final Order
Sep. 05, 2019 Agency Final Order
Jun. 05, 2019 Recommended Order Petitioner proved by clear and convincing evidence that Respondent should be fined, and Respondent's child care license, should be revoked, due to violations of child care licensing standards.
Source:  Florida - Division of Administrative Hearings

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