@4/26/2605 asld DCF PAGE 62 STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF: C:vil Penalty Against Lakeshore Learning Center CHARLOTTE COUNTY ADMINISTRATIVE COMPLAIN a Os 1904 Nature of the Case ’_) “| {K 4 1 This case arises from the Child Care Facility’s failure to comply with Secuon 402.305, Florida Statutes, and Rule 6$C-22 Child Care Standards 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, Deparment of Children ancl 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 October 13, “004, Karen McLoughlin, identifying herself as the applicant of Lakeshore Learning Center, made application to operate a facility known as Lakeshore Leaming Center at 2202 Lakeshore Circle, Port Charlotte, FL 33952 5. On October 27, 2004, the department issued a provisional license, # CO8CH6638, effective November 1, 2004 to April 30, 2005. 6. During a re-inspection on January 20, 2004, the facility was cited for non-compliance with regards to Ratio Sufficient at naptime. Two staff were away from the premises during naptime. During the first observation, there was one staff present with nine (9) one year olds at naptime and one staff present with thirteen (13) three year olds. This was corrected on site. During the second observation, there was one staff with five (5) two year olds, one staff with four (4) one year olds, one staff with seven (7) three year olds, and one staff with six (6) four year olds. The licensing counselor reviewed the naptime needs for the age groups in care with the person in charge. 7. During a routine inspection on April 29, 2004, the facility was cited for non-compliance with regards to Ratios and Supervision. It was naptime for all children at the time the counselor arrived at the facility. One staff member was observed to be outside cif the facility standing beside a vehicle with the vehicle door open. She closed the door and walked back into the facility. When the counselor entered the facility, this staff member was sitting in a chair that was positioned so that she could watch two classrooms. She was responsible for the supervision of fifteen (15) three to five year alds at the time she was outside the facility, Or. the other side of the building, the Director at that time, was sitting on a bench in the hallway, watching two classrooms. She was responsible for the supervision of five '5) wo year olds and six (6) one year olds. These situations were comected on site and an Intent to Impose Adrninistrative Action was issued for Ratio Sufficient. 8. During a routine inspection on March 10, 2005, the facility was cited for non-compliance with regards to Ratios and Supervision, Upon arrival, the licensing counselor observed the two-year-old teacher in the kitchen, which left seven (7) two-year-olds unattended in their classroom. This was conected on site The director, was supervising two classrooms of children, nine (9) three year olds and twelve (12) four year olds during naptime. The other teacher had gone on break and left the premises. Whin the teacher retuned from break, this was corrected. The one-year-old teacher exp’ained that there were only four teachers working and when on¢ would leave for break, another teacher would watch two 64/25/2005 Ag:14 9413381233 DCF PAGE classrooms. The one-year-old teacher was observed to leave the classroom and stand in the hallway. The licensing counselor asked if she needed anything and she said no. She was told that she could not leave the children unattended and rerurned to her classroom 9. The acts and practices described in paragraphs 6, 7, arid 8 are violations of Florida Administrative Code 65C-22.001(4)(a)(b) which states: The staff-to-children ratio, as established in §,402,305(4)F.S., is based on primary responsibility for the direct supervision of children and applies at all times while children are in care. 1. In groups of mixed age ranges, where children under 1 year of age are included, one staff member shall be responsible for no more than 4 children of any age group. 2. In groups of mixed age ranges, where children | year old age but under 2 years of age are included, one staff member shall be responsible for no more than 6 children of any age group. FS. 402,305(4)(a) states that minimum standards for the care of children in a licensed child care facility as established by rule of the department must include: 1. For children from birth through 1 year of age, there must be one child care personne! for every four children. 2. For children | year of age or older, but under 2 years of age, there must be one child care personnel for every six children. 3. For children 2 years of age or older, but under 3 years of age, there must be one child care personnel for every 11 children. 4. For children 3 years of age or older, but under 4 years of age, Lheré must be one child care personnel for every 15 children. 3. For children 4 years of age or older, but under 5 years of age, there must be one child care personnel for every 20 children 6. For children 5 years of age or older, there must be one child care personnel for every 25 children. 7. When children 2 years of age and older are in care, the staff-to-child ratio shall be based on the age group with the largest number of chifdren within the group. Florida Administrative Code 65C-22.001(5)(b) states: During naptime, Supervision means sufficient staff in close proximity , within sight and hearing of all the children. All other statfro meet the required staff-to-child ratio shall be within the same building ou the same floor and be readily accessible and available to be summoned to ensure the safety of the children. Nap time supervision as described in this section, does not include supervision of children up to*24 months of age, who must be directly supervised at all times. In this matter the department is imposing a $50.00 fine per incident for a total fine of $150.00. : TOTAL ADMINISTRATIVE FINE: $150.00 Ad Ag (26/2888 GAs l4 adil 233 DOF PAGE 5 Certificate of Service 1 HEREBY CERTIFY that a true and correct copy of the foregcing has been fumished by Regular ; wos United States Mail and Certified Mail, Return Receipt Requested, Certificate #_7Q00 [330000 / 2737 67 this 207 day of MACH , 2005 to Karen McLoughlin, Lakeshore Leaming Cencer, 2202 Lakeshore Circle, Port Charlotte, FL 33952 STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILY SERVICES etl! ACO toed | Consumer Protection and Licensing 64/25/2005 aa:14 9413381233 DCF NOTIFICATION OF RIGHTS Should you wish to appeal this action, you may request a hearing by making a written request pursuant to Chapter 120, Florida Statutes. This request must comply with Rule 28-106.21 or Rule 28-160.301, Florida Administrative Code, or else it will be dismissed. Copy of rules is attached. The request for an administrative hearing must be made tn writing and received no Jater than 2) day's from the date you receive this notice. Failure to timely request an administrative hearing shal] constitute a complete waiver of any right you may have to challenge the depanment's decision. To request a bearing. please forward requests to: Department of Children and Families Cross Program Licensing Post Office Box 60085 Fort Myers, FL 33906 Attn: Eugenie Rehek STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES Michelle Molloy, A AM 0 4 ° Cross Program Licensing yi, ~ , > ll Rebak,/Bar 2253084 District Legal Counse! P.O Box 60085 Fort Myers, FL 33906

Docket for Case No: 05-001904