12/11/2886 12:49 941-338-1287 CPL PAGE 16 STATE OF FLORIDA enor poo DEPARTMENT OF CHILDREN AND FAMILIES frie vo t : ve F Ps hy IN THE MATTER OF: GM, Wy fie “ A Civil Penalty Against TOS ke Tutor Time Child Care Learning Center Tutor Time Learning Systems, Inc. COLLIER COUNTY -§/f/O ADMINISTRATIVE COMPLAINT 0 Z 6 / & Nature of the Case ; 1. This case arises from the child care facility's failure to comply with Chapter _ 402, Florida Statutes; Rule 65C-22.001 (5)(a), Florida Administrative Code with respect to direct supervision; Rule 65C-22.004 (1)(a), with respect to TB tests; and Rule 65C- 22.002 (8)(b)(2) Florida Administrative Code, with respect to sanitary diapering. ___ 2, This is an administrative action for imposition of civil penalties per known incidents of occurrence as authorized in Chapter 402.310, Florida Statutes. 3. The State of Florida, Department of Children and Families is the administrative agency of the State of Florida charged with the duty to enforce and administer the provisions of Chapter 402 Florida Statutes. 4, On July 12, 1999, Amy Harmon, identifying herself as the director of Tutor Time Child Care Learning Center, made application to the Department to operate a child care facility known as Tutor Time Child Care Learning Center at 1275 Airport Road South, Naples, Florida, 34104. On July 30, 1999, the Department issued a provisional license, certificate #086434, effective July 31, 1999 to January 31, 2000. A subsequent second provisional license was issued effective January 31, 2000 to July 31, 2000. On August 16, 2000, the Department denied the facility's application for relicensure. On September 5, 2000, the Department received a timely request for hearing. Pursuant to section 120.60 (4) Florida Statutes, the facility continues to operate as a licensed facility subject to the requirements of Chapter 402 and 435 Florida Statutes and Rule 65C-22 Florida Administrative Code. : 5. On September 27, 2000, agents from the Department conducted a routine inspection of the facility, Several children were observed running around indoors, climbing on furnishings and equipment in the classroom and jumping to the floor. Some children were observed fighting. One child was observed leaving a classroom unattended. Staff were not providing the supervision needed to meet the needs of the children in care. : 6. The department has previously issued an administrative warning with respect to direct supervision on July 13, 1998. On December 15, 1998, February 4, 1999, and January 24, 2000, administrative fines were imposed for lack of direct supervision. On August 16, 2000, the Department imposed a denial of licensure. re rere et eee ee ee Ae ee Aten IOI RAI Ieee peeeniaeaaea ater terinrrdeeaianiameneenenaneaiainenam innate, _. 12/11/2068 12:69 941-338-1287 CPL PAGE 17 7. The acts and practices described in paragraph 5 are violations of Rule 65C-~ 22.001 (5)(a), Florida Administrative Code, 8. During the inspection on September 27, 2000, TB tests were still not completed for two employees, Kim Pagan, hired August 14, 2000, and Yesenla Hernandez, hired August 17, 2000. TB test results are due on file on site within ten days from date of employment. : 9. The Department issued an administrative warning with respect to TB tests on ~ October 13, 1999 and November 16, 1999. On January 24, 2000 and October 4, 2000, administrative fines were imposed for TB test violations. On August 16, 2000, a denial of licensure was imposed. 40. The acts and practices described in paragraph 8 are violations of Rule 65C- * 22.004 (1) (a), Florida Administrative Code. 41, During the inspection on September 27, 2000, a diaper changing pad that was torn and could not be maintained in sanitary condition was present on the changing counter in the “Twoddier” room. 412. The Departrnent issued an administrative warning with respect to diapering on January 12, 1999, and an administrative fine was imposed on October 4, 2000. . 43. The acts and practices described in paragraph 11 are violations of Rule 65C-22,002 (8)(b)(2), Florida Administrative Code. 14. In these matters, the Department hereby Imposes a ten (10) day suspension. NOTIFICATION OF RIGHTS 45. You, as Petitioner, have a right to request an administrative hearing, to be represented by counsel or other qualified representative, give parties or their counsel an opportunity, at a convenient time and place, to present the agency or hearing judge written or oral evidence in opposition to the action of the agency or to its refusal to act, or written statement challenging the grounds upon which the agency has chosen to justify its action or inaction. (a) Any hearing request or answer to this administrative complaint shall be made in writing and the response should include the following: (1). The name and address of each agency affected and each agency's file or identification number, If known. A a ie 12/11/2806 12:49 941-338-1287 CPL PAGE 18 (2). The name, address, and telephone number of the petitioner, - the name, address, and telephone number of the petitioners representative, if any, which shall be the address for service purposes during the course of the proceeding and an explanation of how the petitioner's substantial interest will be affected by the agency determination, (3) A statement of when and how the petitioner received notice of the agency decision, (4) A statement of all disputed issues of material fact. If there are none, the petition must so indicate, (5) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief, and (6) A demand for relief. (b) Except for good cause: (1). Factual matters alleged in this complaint and not denied in the Request for Hearing shall be presumed admitted. (2). Failure to raise a particular defense in the Request for Hearing will be considered a waiver of such defense. (c) Any new matter raised in the Request for Hearing shall be presumed . to be denied by the Department. (a) Evidence shall not be taken on any issue not raised in the administrative complaint and the Request for Hearing. (e) If the Petitioners desire to request a hearing, they must forward their request to: Depariment of Children and Families Cross Program Licensing Post Office Box 60085 Fort Myers, Florida 33906 Attention: Nancy Starr 46. This administrative complaint is issued pursuant to Section 120.569 and 120.57 Florida Statutes. Any proceeding concerning this complaint shall be conducted | pursuant to the Model Rules of Procedure, Florida Administrative Code, Chapter 28. 17. The Petitioners are given full notice of this agency action. Unless a request | for a hearing is received by the Department within twenty one (21) days after receipt of this complaint, the petitioner has waived the right to contest this action and this administrative complaint becomes final order of the Department. —_—_— errr eee ttn itt it tannneitttin inenenminaaiaenieeiatareinmemmienebaemnimte, 12/11/2666 12:09 {HEREBY CERTIFY that a true and correct copy of the foregoing has been CPL PAGE 19 STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES Sarah Jarabek, sgt Child Care Licensing Eugente Rehak( 'FB# 255084 District Legal Counsel P.O. Box 60085 Fort Myers, Florida 33906 Certificate of Service furnished by Regular US Mail and Certified Mail, Return Receipt Requested, Certificate #Z 177 070 614, this [4 day of October, 2000 to: Ira Young, Registered Agent, . Tutor Time Learning Systems, Inc., 621 NW 53" Street, #450, Boca Raton, Florida, 33487. STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES (enn cult, KO Mary Allyn Moore Child Care Licensing P.O. Box 60085 Fort Myers, Florida 33906

Docket for Case No: 00-005108