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DEPARTMENT OF CHILDREN AND FAMILY SERVICES vs RAMSAY FAMILY HOME DAY CARE, 04-000467 (2004)

Court: Division of Administrative Hearings, Florida Number: 04-000467 Visitors: 27
Petitioner: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Respondent: RAMSAY FAMILY HOME DAY CARE
Judges: ELLA JANE P. DAVIS
Agency: Department of Children and Family Services
Locations: Jacksonville, Florida
Filed: Feb. 10, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, March 31, 2004.

Latest Update: May 18, 2024
Opie? STATE OF FLORIDA OO py DEPARTMENT OF CHILDREN AND FAMILIES”4 feo 4 IN THE MATTER OF Certified Mail 7003-1680-0000- ebony A Civil Penalty Against Return Receipt Raques Ramsay Family Day Care Home 275 Carriann Cove Court Jacksonville, Flarida 32225 ADMINISTRATIVE CO NT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of One Hundred Dollars ($100.00). 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 the Respondent by virtue of the provisions of Chapters 402.301 - 402.319, Florida Statutes. 2. The Respondent, Shermanda Ramsay, is licensed to operate Ramsay Family Day Caré Home in compliance with Chapter 402, Florida Statutes (F.S.), and Florida Administrative Code (FAC), Chapter 65C-20. 3. During an inspection on December 30, 2003, it was determined that the Respondent committed the following violations: a. FAC Chapter 65C-20.010(1)(e), in that: All parts of the home and premises. including furnishing were not kept free of hazards. Many items were on the floor, tables, chairs, couch, and beds. It was difficult to walk without stepping on plastic bags, hangers, scissors, books, food, papers, and clothing. The trashcan in the kitchen was overflowing with no lid. Toilet paper was lying in the hall Icading to the bathroom and wae ecattered | about on the bathroom floor. Plastic bags, toys, towels, and clothes were also on the bathroom floor. . b. FAC Chapter 65C-20.010(1)(0), in that: The swing set was not secured. One swing was broken and dangling. The slide was unattached (free standing) and easy to tip over. The outdoor play area lacked ground cover and was predominately dirt. Similar violations were cited on February 20, 2002, January 9, 2003, April 3, 2003, and June 10, 2003. A Notice of Intent to Impose Administrative Action was issued on June i0, 2003. 66 3ovd SANSNSITIN Seva GYIHO G2 L2-E62 PLEITL paa2/pa/2a £a Administrative Complaint — Ramsay Family Day Care Home January, 2004 Page 2 4. The above reterenced violations constitute grounds to levy this Civil Penalty Pursuant to Chapter 402, 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 Family Day Care Home. 5. Payment of this fine can be made directly to the Department of Children and Families. The mailing address is: P.O. Box 2417, Jacksonville, FL. 32231, Attention: Child Care Licensure, NOTICE OF RIGHTS This decision constitutes final agency action unless a person who is substantially affected by it submits a written request for hearing that is received within twenty-one days from the date on which he or she first receives this notice. The request for hearing must also meet the requirements of Section 120.562, F.S., and either Rule 28-106.201 or Rule 28-106.301, F.A.C., or else it will be dismissed as required by Section 120.569(2)(c), F.S. That law and those rules require the written request for hearing to include the following information: 1. The name and address of each agency affected and each agency's file or identification number if known; 2. The name, address, and telephone number of the person who is asking for the hearing (the petitioner); 3. The name, address, and telephone number of the petitioner's representative, if any; 4, An explanation of how the petitioner's substantial interests are or will be affected by the agency decision; 5. Astatement of when and how the pelilioner tecelved notice of the agency decision; 6. Astaternent that the petitioner does not dispute the facts upon which the agency relied but that it wants to exercise the right to be heard anyway OR 8 statement that - the petitioner does dispute the facts upon which the agency relied and a list of the facts in dispute; 7. Aconcise 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; 8. A Statement of the specific rutes or statutes that the petitioner believes requires the agency to reverse or modify its decision; and Sad SANSNSOIT 3avO GTIHO CETS-ESL PITT pabe/pB 2G Administrative Complaint — Ramsay Family Day Care Home January, 2004 Page 3 9. A statement specifying what action the petitioner wants the agency to take in the matter. Failure to request a hearing in writing and within the time frames required in this notice or failure to provide the information required by the law and rules governing requests for Chapter 120 hearings constitutes a complete waiver of any right that a substantially affected person may have to challenge this decision. The request must be received by the following persons at the following addresses on or before twenty-one (21) days of the date on which this notice was first received by the person requesting the hearing: Roger L.O. Williams Paul Founlacker, Agency Clerk Assistant General Counsel Department of Children & Families Department of Childran & Families Office of the General Counset P.O, Bax 2417 1323 Winewood Bivd., Bldg. 1, Ste 407 Jacksonville, FL. 32231-0083 Tallahassee, FL. 32301 STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES Thomas S. Ceci Program Administrator bB 300d 3YNSN3OIT 3avo CTIHO GETZ-EZL PUTT peaz/pa/2a Administrative Complaint ~ Ramsay Family Day Care Home January, 2004 Page 4 ON OF I HEREBY CERTIFY that a true and correct Copy of the foregoing has been furnished by U.S. Certified Mail 7003-1680-0000-0502-1317,Return Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes, this 72 day of January, 2004 STATE OF FLORIDA, DEPARTMENT OF CHILDREN & FAMILIES a an Thomas S. Ceci Program Administrator GB ADd SSNSNSOIT SHV ATID GETC-EZL PIITL §paeZ/pa sea

Docket for Case No: 04-000467
Source:  Florida - Division of Administrative Hearings

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