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
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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
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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:
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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
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Date
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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.
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