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DEPARTMENT OF CHILDREN AND FAMILY SERVICES vs LITTLE ANGELS CHRISTIAN DAY CARE, 00-004336 (2000)

Court: Division of Administrative Hearings, Florida Number: 00-004336 Visitors: 4
Petitioner: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Respondent: LITTLE ANGELS CHRISTIAN DAY CARE
Judges: ELLA JANE P. DAVIS
Agency: Department of Children and Family Services
Locations: Gainesville, Florida
Filed: Oct. 20, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, January 4, 2001.

Latest Update: Jan. 24, 2025
~ WW YY STATE OF FLORIDA DEPARTMENT OF CHILDREN AND; Drapery SERVICES F | IN THE MATTER OF L ED A Civil Penalty Against 00 ocT 13 aMIO:47 © °CT 06 2oq9° Joanne Collins Ne Little Angels Christian Day Care DIVISION F Department Cle ; 317 N.W. 4" St. ADMINISTRATIVE TK Jasper, FL 32052 HE ARIN@Sified Mail #7000 0600 0028 188 Return Receipt Requested ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of $100.00, two Class II violations at the rate of $50.00 per incident noted per inspection. As grounds for the. imposition of this penalty, the Department states the following: 1. The Department of Children and Families, State of Florida, has jurisdiction over Respondent by virtue of the provisions of sections 402.301-402.319, Florida Statutes. 2. The Respondent, Joanne Collins, is licensed to operate Little Angels Christian Day Care, as a Child Care Facility in compliance with Chapter 402, Florida Statutes and Florida Administrative Code (F.A.C.) Rule 65C-22. 3. Respondent committed two Class II violations pursuant to Sections 402.305 (7) (a), Florida Statutes and F.A.C. Rule 65C-22.004(3)(a), for two incidents of failure to have staff trained in CPR and First Aid present at all times children are present. a. On February 7, 2000, Ms. Elizabeth Taylor Cherry, the only staff person trained in CPR and First Aid, was not on the premises of Little Angels Christian Day Care, leaving no staff present with either training for over one hour. db. On June 23, 2000, Counselors Sandy Looney and Elizabeth Yenner visited to investigate an alleged complaint and to perform a relicensing inspection. During this visit, Ms. Taylor Cherry again left the premises leaving no staff present with CPR and First Aid training. The : "Respondent was reminded by Ms. Looney and Ms. Yenner that a staff person trained in CPR and First Aid must be present at all times when children are present. The Respondent is aware of the requirements to have at least one person present certified in CPR and First Aid as is evidenced by the inspection of September 27, 1999, wherein there was no documentation of any staff trained in CPR and First Aid being present. The Respondent complied with the resulting corrective action due October 8, 1999. On February 8, 2000, a letter of concern was sent 3 0982 tL: WU VY to the Respondent regarding the February 7, 2000 incident. The department has suggested to the Respondent at each violation that additional staff be given CPR and First Aid training to provide the -- Respondent with trained personnel in the event of Ms. Taylor Cherry’s absence. . 4, The above referenced violations constitute grounds by the Department to levy this Civil Penalty pursuant to 402.310(1)(a) and 402.310(4), Florida Statutes, in that the above referenced conduct of Respondent constitutes a violation of the minimum standards, rules and regulations for the operation of Child Care Facility. Florida Statute 402.310(1)(a) states: The department or local licensing agency may deny, suspend, or revoke a license or impose an administrative fine not to exceed $100.00 per violation, per day, for the violation of any provision of ss. 402.301-402.319 or rules adopted thereunder. 5. Payment of this fine can be made directly to the Department of Children and Families. The mailing address is 2649 U.S. Highway 90 West, Lake City, FL 32055, Attn: Child Care Licensure. 6. Please be advised that you do have the right to contest this Civil Penalty through an administrative hearing pursuant to Chapter 120, Florida Statutes, but that you have no more than thirty (30) days from the date the Administrative Compliant is received to initiate this formal review. To initiate this formal review process, a petition for formal hearing must be received by the following individual within the thirty (30) day time frame: David A. West, District Legal Counsel Post Office Box 390, Mail Sort 3 Gainesville, FL 32602-0390 No later than fifteen (15) days after receipt of your written request for a formal hearing, the request for a hearing shall be granted or denied. Absent the consent of all parties, the hearing will not commence on fewer than fourteen (14) days notice. : : Finally, in accordance with Chapter 120, Florida Statutes, all parties to this cause have the opportunity to respond, to present evidence and argument of all issues of involved, to conduct cross-examination and submit evidence, to submit proposed findings of facts and order, to file exceptions to any order of a hearing officer’s recommended order, and to be represented by counsel (at your expense). In addition, you have the right to have subpoenas and subpoenas duces tecum issued. Your request for an administrative hearing must conform to the requirements of F.A.C. Rules 28-106.101 and 28-106.301 and must state what issues and material facts you dispute. According to those rules, the written request for hearing must contain the following information: ww) U a. The name and address of each agency affected and each agency’s file or identification number if known; o db. The name, address and telephone number of the person who is asking for the hearing (the petitioner); . The name, address and telephone number of the petitioner’s representative, if any; An explanation of how the petitioner’s substantial interests are or will be affected by the agency decision; A statement of when and how the petitioner received notice of the agency decision; A statement that the petitioner does not dispute the facts upon which the agency relied but that s/he wants to exercise the right to he heard anyway OR a statement that the petitioner does dispute the facts upon which the agency relied and a list of the facts in dispute; A concise statement of the facts as the petitioner perceives them to be, including the specific facts set out by the agency that the petitioner wants the agency to reverse or change; A statement of the specific rules or statutes that the petitioner believes requires the agency to reverse or modify its decision; and A statement specifying what action the petitioner wants the agency to take in the matter. KE Tibbs District 3 Administrator 24/6) mn Date qais prsrwy &1 190 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy hereof was sent by U.S. Certified Mail, Return Receipt Requested, in accordance with s. 120.60(3), Florida Statutes, this day of *, 2000. (Designated Signing Authority)

Docket for Case No: 00-004336
Issue Date Proceedings
Jan. 04, 2001 Order Closing File issued. CASE CLOSED.
Dec. 27, 2000 (J. Collins, L. Goddard) Stipulation for Dismissal (filed via facsimile).
Dec. 14, 2000 Amendment to Department of Children and Family Services` Prehearing Statement (filed via facsimile).
Nov. 28, 2000 Department of Children and Family Services` Prehearing Statement (filed via facsimile).
Oct. 30, 2000 Order of Pre-hearing Instructions issued.
Oct. 30, 2000 Notice of Hearing issued (hearing set for December 19, 2000; 2:00 p.m.; Gainesville, FL).
Oct. 27, 2000 Response to Revised Initial Order (filed by Petitioner via facsimile).
Oct. 20, 2000 Initial Order issued.
Oct. 20, 2000 CC: Letter to Joanne Collins from F. Jones In re: notice of correct case style filed.
Oct. 13, 2000 Letter to Little Angels Christian Daycare filed.
Oct. 13, 2000 Letter to Whom it May Concern from E. Cherry filed.
Oct. 13, 2000 Request for Administrative Hearing, letter form filed.
Oct. 13, 2000 Administrative Complaint filed.
Oct. 13, 2000 Notice filed by the Agency.
Source:  Florida - Division of Administrative Hearings

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