To: STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Wesley United Methodist Church COLLIER COUNTY of Marco Island Inc 350 S Barfield Drive Certified Mail Return Receipt Marco Island, FL 34145 #7015 0640 0002 7028 6824 Case#2019-C20CO6086-01 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department is imposing a fine of Twenty-Five ($25.00). 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 Wesley United Methodist Church of Marco Island Inc, for violation of child care licensing standards in section 402.301 ~ 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. . Westley United Methodist Church of Marco Island Inc, is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to a operate a child care facility known as Wesley United Methodist Church Mother's Morning Out, located at 350 S Barfield Drive Marco Island, FL 34145. The facility license is currently operating on a regular/annual license certificate #C20CO6086. On March 28, 2018, a routine inspection was conducted, and the facility was found to be out of compliance with licensing standard #41-02, Children’s Immunization Records incomplete. One child did not have current immunization records on file at the time of the inspection. This is a Class III violation of child care licensing standards. This was the first occurrence of this Class II violation within a two-year period. As such, technical assistance was provided. On December 12, 2018, a renewal inspection was conducted, and the facility was found to be out of compliance with licensing standard #41-02, Children’s Immunization Records incomplete. One child did net have current immunization records on file at the time of the inspection. This was the second occurrence of this Class II violation within a two-year period. Therefore, technical assistance was provided. . On March 28, 2019, a routine inspection was conducted, and the facility was found to be out of compliance with licensing standard #41-02, Children’s Immunization Records Incomplete. One child did not have current immunization records on file at the time of the inspection. This was the third occurrence of this Class II violation within a two-year period. Further administrative action was required. 6. The foregoing facts violate the following Section 402.305(9)(a), F.S., which states: (a) Minimum standards shall include requirements for preadmission and periodic health examinations, requirements for immunizations, and requirements for maintaining emergency information and health records on all children. And Section 7.1. of the Child Care Facility Handbook, incorporated by reference in Rule 65C-22.001(6), F.A.C., which states in part: Immunization Records The child care facility is responsible for obtaining for each child in care a current, complete and properly executed Florida Certification of Immunization form Part A- 1, B, or C, DH 680, which is incorporated by reference in 65C-22.001(8)(0), F.A.C., or the Religious Exemption from Immunization form, DH 681, which is incorporated by reference in 65C-22.001(8)(p), F.A.C., from the custodial parent or legal guardian. DH Form 680 and DH Form 681 may be obtained from the local county health department. Specific immunization requirements are included and detailed in the most current edition of the “Immunization Guidelines-Florida Schools, Child Care Facilities and Family Day Care Homes” as promulgated by the Florida Department of Health. A. Immunizations received out-of-state are acceptable; however, immunizations must be documented on the Florida Certification of Immunization form and must be signed by a physician practicing in the State of Florida. B. 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. The parent/guardian of a child who has not received the age-appropriate immunizations prior to enrollment and who does not have documented medical, religious, or philosophical exemptions from routine childhood immunizations must provide documentation of a scheduled appointment or arrangement to receive immunizations. Providers must include written notification to inform parents, at time of enrollment, that some children in care may not have current immunizations.... The facility committed a violation of Section 402.305(9){a), Florida Statutes, Section 7.1 of the Child Care Facility Handbook incorporated by reference in Rule 65C-22.001(6), Florida Administrative Code (effective October 25, 2017), in regard to children’s immunization records as shown on the child care licensing checklists dated March 28, 2018, December 12, 2018, and March 28, 2019. The facility failed to ensure that children in care had a current, complete and properly executed Florida Certification of Immunization form on file. 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 ADMINISTRATIVE COMPLAINT. You must submit your request for an administrative hearing to the Department at the following addresses: Department of Children and Families Legal Counsel (Attention: George Gardner), Suite 256 PO Box 60085 Fort Myers, FL 33906-6085 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 ail 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 are 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 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. Astatement 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. Wesley United MethodistChurch . Mother's Morning Out U.S. POSTAGE 3505, Barfleld Dr, Brome’ oozs Marcolsland, Fi, UNS: 7018 3090 0002 8455 4573 | i & orig: oe pe Bf 11asza01 8 aa a Dept. of Children & Families Leaal Coyncel (Ain : George Gardner), Surte. ZS, J PO.Box (0085 FE Myer, FL 3540-085 Lele pelt et ye USPS.com® - USPS Tracking® Results Page 1 of 2 . ® : ing- USPS Tra cki n g FAQs > (https://www.usps.com/faqs/uspstracking-faqs.htm) Track Another Package + Tracking Number: 70150640000270286824 Pieris: Bi Your item was delivered to the front desk, reception area, or mail room at 12:26 pm on May 2, 2019 in MARCO ISLAND, FL 34145. & Delivered May 2, 2019 at 12:26 pm Delivered, Front Desk/Reception/Mail Room MARCO ISLAND, FL 34145 Get Updates \v ypeqpes4 Text & Email Updates Vv Tracking History v Vv Product Information See Less A Can’t find what you’re looking for? Go to our FAQs section to find answers to your tracking questions. https://tools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLo=2&text... 5/14/2019

Docket for Case No: 19-002854

Orders for Case No: 19-002854