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DEPARTMENT OF CHILDREN AND FAMILY SERVICES vs ALL FAITH DAY CARE CENTER, INC., CHILDREN SERVICES, 05-000398 (2005)

Court: Division of Administrative Hearings, Florida Number: 05-000398 Visitors: 10
Petitioner: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Respondent: ALL FAITH DAY CARE CENTER, INC., CHILDREN SERVICES
Judges: DIANE CLEAVINGER
Agency: Department of Children and Family Services
Locations: Jacksonville, Florida
Filed: Feb. 03, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, April 18, 2005.

Latest Update: Sep. 09, 2024
Jan 18 05 4:40 ept Ch en & F ies 90472755139 - a D ild amil a i P P P STATE OF FLORIDA 63-3 ANIC: 18 DEPARTMENT OF CHILDREN AND FAMILIES ¢5 FE IN THE MATTER OF Certified Mail 7003-1680-04b0.0892.2307 A Civil Penaity Against ; Return Recelpt Requested |! j We RDM GS Felecia Armstrong All Faith Day Care & Children Services 1403 North Myrtle Avenue () 7 1 4 Jacksonville, Florida 32209 > OS ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civit Penalty in the amount of Two Hundred Dollars ($200.00), 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 Chapters 402,301 - 402.319, Florida Statutes. 2. The Respondent, Felecta Armstrong, is licensed to operate All Faith Day Care & Children Services located at 1403 North Myrtle Avenue, Jacksonville, Florida 32209 as a Child Care Facllity in compliance with Chapter 402, Florida Statutes (F.S.), and Florida Administrative Code (F.A.C), Rule 65C-22, 3. During an investigation on October 6, 2004, It was determined that the Respondent committed the following violation: FAC Chapter 65C-22.001(5)(a) In that: During a complaint investigation conducted on October 6, 2004 and October 11, 2004, it was determined that on August 19, 2004, a five year old boy was left sleeping in the child care van, after being picked up from school. The child care driver returned to the center at 4:00 p.m. At 4:30 p.m., the child woke up, exited the van and knocked on the door of the child care center. The facillty owner admitted that the child was left in the van by the child care driver and as a result, the driver was terminated. The Owner failed to report this violation as required by the Department of Children and Families in accordance with 8.39.201(2)(a), F. S. 4. The above referenced violation constitutes grounds to levy this Civil Penalty Pursuant to $5.402.310(1)(a) and 402.310(4), Florida Statutes at the above referenced conduct of Respondent constitutes a violation of the minimum standards, rules and regulations for the operation of a Child Care Facility. : Jan 48°05 O4:4ip Dept Childen & Families $047275519 Administrative Compiaint - All Faith Day Care & Children Services’ Page 2 5. Payment of this fine can be made directly to the Department of Children and Family Services. The Mailing address is: P.O. Box 2417, Jacksonville, FL, 32231, Attention: Child Care Licensure, 6. Please be advised that you do have the right to contest this Civil Penalty through an administrative hearing pursuant to Section 120.57, Florida Statutes, but that you have Roger L.D. Williams Paul Flountacker, Agency Clerk Assistant General Counsel Department of Children & Families Department of Children & Families Office of the General Counsel P.O. Box 2417 1317 Winewood Bivd., Bidg. 2, Ste 204 Jacksonville, FL. 32231-0083 Tallahassee, FL. 32301 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 $. 120.57(b)(4), Florida Statutes (2003), al 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 state what issues and material facts you dispute, or it will be dismissed. FAILURE TO DISPUTE MATERIAL ISSUES OF FACT IN YOUR REQUEST FOR A HEARING MAY BE TREATED BY THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES AS AN ELECTION BY YOU FOR THE INFORMAL PROCEEDINGS UNDER s, 120.57(2), FLORIDA STATUTES (2000). meet the requirements of Section 120.56, 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 rutes require the written request for hearing to include the following information: Jan. = 3 Pp ep ilden & amilies so Jari 8 O05 04:41 D t Ch F 1 47275519 Administrative Complaint ~ All Faith Day Care & Children Services Page 3 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. A statement of when and how the petitioner received notice of the agency decision; 6. A statement that the petitioner does not dispute the facts upon which the agancy 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 rules or statutes that the petitioner believes requires the agency to reverse or Modify its decision; and 9. Astatement 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 jaw 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.D. Williams Paul Flounlacker, Agency Clerk Assistant General Counsel Department of Children & Families Department of Children & Families Office of the General Counsel . P.O. Box 2417 1323 Winewood Bivd., Bldg. 1, Suite 407 Jacksonville, FL. 32231-0083 Tallahassee, FL. 32301 STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES Andréa J. Trzcinski ' Program Administra

Docket for Case No: 05-000398
Source:  Florida - Division of Administrative Hearings

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