STATE OF FLORIDA - L4 -33 lo L DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF A Civil Penalty Against : Richardson Playschool and Nursery, Inc. Certified Mail #7001 2510 Q003 7719 e685 206 E. Fronie Street Return Receipt Requested Lake City, FL 32055 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of $500.00. 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 §§402.301-402.319, Florida Statutes. . . 2. Section 402.310(1)(a), Florida Statues, states: os “ “ x 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. However, where the violation could or does cause death or serious harm, the department or local licensing agency many impose an administrative fine, not to exceed $500.00 per violation per day. 3. The Respondent, Richardson Playschool and Nursery, Inc., is licensed to onerate a Child Care.Facility, located at 206 E. Fronie Street, Lake City, Florida, in compliance with Chapter 402, Florida Statutes and Florida Administrative Code (F.A.C.) Rule 65C-22. 4. The Department classifies violations of statute and rule by severity. Class I violations are defined as that which could or does result in death or serious harm to the health, safety and well-being of children and are penalized by a fine not less than $100.00 nor more than $500.00. 5. Section 402.305(12)(a), Florida Statutes, states: (12) CHILD DISCIPLINE— (a) Minimum standards for child discipline practices shall ensure that age- appropriate, constructive disciplinary practices are used for children in care. Such standards shall include at least the following requirements: 3. Spanking or any other form of physical punishment is prohibited. 6. Florida Administrative Code Rule 65C-22.001(5)(a) states: f (5) Supervision. . (a) Direct supervision means watching and directing children’s activities within the same room or designated outdoor play area and responding to each child’s need. Child care personnel at a facility must be assigned to provide direct supervision to a specific group of children and be present with that group of children at all times. When caring for school age children, child care personnel shall remain responsible for the supervision of the children in care and capable of responding to emergencies, and are accountable for children at all times, which includes when children are separated from their groups. 7. Florida Administrative Code Rule 65C-22.006(4)(b) states: (4) Enrollment Information. The facility operator shall obtain enrollment information from the child’s custodial parent or legal guardian prior to accepting a child in care. This information shall be documented on CF-CFP Form 5219, Dec. 97, Child Care Application for Enrollment, which is incorporated by reference, or an equivalent form that contains all the information required by the department’s form. (b) The child shall not be released to any person other than the person(s) authorized, or in the manner authorized in writing, by the custodial parent or legal guardians. 8. The Respondent is fined $500.00 for committing Class I violations of Section 402.305(12)(a), Florida Statutes, Florida Administrative Code Rule 65C-65C-22.001(5)(a), and Florida Administrative Code Rule 65C-65C-22.006(4)(b). On April 10, 2002, the Florida Abuse Hotline received Abuse Report 2002-057741 alleging that a two-year old child, J.S., bit another child, V.G, at Richardson Playschool and Nursery. Daycare staff were aware that J.S. had previously bitten"V:G. and other children, but fatled-to adeyuately supervise-s.S: to preventthe~ biting incident. Daycare staff then allowed V.G.’s mother to take J.S. to another room outside of direct supervision by daycare staff whereby V.G.’s mother spanked J.S. The investigation was closed with verified findings of inadequate supervision, caretaker present, and failure to protect from inflicted injury, bruises/welts, and cuts/punctures/bites. 9. The above referenced violations constitute grounds by the Department to levy this Civil Penalty pursuant to §402.310(1)(a), Florida Statutes, in that the.above referenced conduct of Respondent constitutes a violation of the minimum standards, rules and regulations for the operation of a Child Care Facility. 10. | Payment of this fine should be made payable to the Department of Children and Families and delivered to 1389 U.S. Highway 90 West, Lake City, FL 32055, Attn: Child Care Licensure. 11. You have the nynt to contest this Civil Penalty through au administrative hearing pursuant to Chapter 120, Florida Statutes. To request an appeal hearing you must submit a written request within 21 days of receipt of this Administrative Complaint. To initiate this formal review process, a petition for formal héaring must be received by the following individual within the twenty-one (21) day time frame: District Legal Counsel Post Office Box 390, Mail Sort 3 Gainesville, FL 32602-0390 IF YOU DO NOT REQUEST A HEARING, YOUR RIGHT TO APPEAL THIS CIVIL PENALTY WILL BE COMPLETELY BARRED, 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: a. The name and address of each agency affected and each agency’s file or identification number if known; 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. hl anes es Finally, in accordance with Chapter 120, Florida Statutes, all Pa. ues 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. Date: of EL ~ << 3 oe, ster S. Tibbs District 3 Administrator CERTIFICATE OF SERVICE IHEREBY CERTIFY that a copy hereof was sent by USS. Certified Mail, Return Receipt Requested, to the Respondent at the above address this | qm day of Gene , 2002. a,

Docket for Case No: 02-003364