{ Co Dp: STATE OF FLORIDA v DEPARTMENT OF CHILDREN AND FAMILIES . IN THE MATTER OF : Certified Mail 7005 1820 0908 0152 4368, as A Civil Penalty Against Return Receipt Requested’ 5, «> oe All Faith Christian Academy, Inc. 3133 Spring Glen Road . Jacksonville, Florida 32207 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of Fifteen Hundred Dollars ($1500.00). 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, All Faith Christian Academy, Inc. , is licensed to operate All Faith , Christian Academy located at 3133 Spring Glen Road, Jacksonville, Florida 32207, as a Child Care Facility in compliance with Chapter 402, Florida Statutes (F.S.), and Florida Administrative Code (F.A.C), Rule 65C-22. 3. During an inspection on January 27, 2009, it was determined that the Respondent committed the following violation: FAG Chapter 65C-22.004 (5) {a), in that: Children in the outdoor play area on January 26, 2009 were not adequately supervised in that a five (5) year old child seriously injured his testicle requiring stitches while on the playground and staff were unaware of how the injury occurred. One (1) staff member F.A., admitted to seeing the child crying but did not go over to the child to inquire if he was alright and refused to let him show her where he was hurt and bleeding. This is a Class 1 violation for which the sanction for this 1* Class 1 violation is fine not less than $100.00 nor more than $500.00. In addition the Department may impose other disciplinary action in addition to the fine. A similar violation was previously cited on September 30, 2008, for which a warning letter was issued. FAC Chapter 65-22.001 8) (a) states, in part, that direct supervision means watching and directing children’s activities within the same room or designated outdoor play space and responding to the needs of each child. Administrative Complaint- Alt Faith Christian Academy Page 2 FAC Chapter 65C-22,004 (2) (d), in that: The facility failed to immediately notify the child’s custodial parents or legal guardian of a serious illness, injury or emergency to their child. This is violation was escalated to a Class 1 violation due to the child’s serious injury for which the sanction for this 1 Class 4 violation is a fine not less than $100.00 nor more than $500.00. In addition the Department may impose other disciplinary action in addition to the fine. FAC Chapter 65C-22.004 (2) (d), states in part, that custodial parents or legal guardians shall be notified immediately in the event of any serious iliness, accident, injury or emergency to their child and their specific instructions regarding action to be taken under such circumstances shall be obtained and followed. FAC Chapter 65C- 22.001 (11), in that: The owner, operator, employee or substitute, while caring for children, committed an act or omission that meets the definition of child abuse or neglect provided in Chapter 39, Florida Statutes. Child M.A., was seriously injured on January 26, 2009, and staff was unaware of how child was injured and medical attention was delayed. This is a Class 1 violation for which the sanction for this 1“ Class 4 violation is a fine not less than $100.00 nor more than $500.00. In addition the Department may impose other disciplinary action in addition to the fine. FAC Chapter 65C-22.001 (11), states, in part that acts or omissions that meet the definition of child abuse or neglect provided in Chapter 39, F.S., constitutes a violation of the standards in ss. 402.301-319, F.S. In addition to the fines levied above, the respondent's license is placed on a probationary status for a period of no more than six (6) months. The terms of the probation are as follows: a. Fax all completed accident/incident reports to Childcare Licensure at (904) 723- 5315 by 3:00 p.m. every Friday for that week. b. By 3:00 p.m. every Friday the Operator should provide a completed roster to show The following: i, List of children present (ages) during scheduled outdoor play times and - those staff present who are responsible for that group. Note time in and out of facility for playtime. Administrative Complaint -Kids At Play Learning Center Page 3 ii. Submit weekly attendance logs and note which teacher is assigned to that classroom. Keep on file at the Childcare Center attendance log of staffs daily hours, including the Director. If Director is not present name of person in charge in Director's absence and times in charge. Director must be at the childcare center more than 51% of the operation hours and have full responsibility and knowledge of all operation and management of the childcare program and submit proof to the Department. e. No additional Class 1 violations during probationary period. f. No supenision violations. Failure to meet the conditions of these probationary conditions may result in Revocation of the Childcare License. 4. The above referenced violation constitutes grounds to levy this Civil Penalty pursuant to ss.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. 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: Chiid Care Licensure. NOTICE OF RIGHTS 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 no more than twenty one (21) days from the date the Administrative Complaint is received to initiate this formal review : 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 120.57, F.S., and either Rule 28-106.201 Florida Administrative Code or else it will be dismissed as required by Section 120.569(2)(c), Florida Statutes. Administrative Compiaint- All Faith Christian Academy Page 4 The statute and 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; petitioner): 3. 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; 5. Astatement of when and how the petitioner received notice of the agency decision; 6. Astatement 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 a statement that the petitioner does dispute the facts upon which the agency relied and a list of the facts in dispute; . 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. Astatement 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 law and rules governing requests for Chapter 420 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 Gregory D. Venz, Agency Clerk Assistant General Counsel Department of Children & Families Department of Children & Families Office of the General Counsel . P.O. Box 2417 1323 Winewood Blvd., Bldg. 1, Suite 407 Jacksonville, FL. 32231-0083 Tallahassee, FL. 32301 STATE OF F IDA, DEPARTME EN AND AMILIES Pamela Buckham Safety Program Manager The name, address, and telephone number of the person who is asking for the hearing (the CERTIFICATION OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Certified Mail, 7005 1820 0008 0152 *36h eum Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes (2005), this A day af March, 2009. STATE OF FLORIDA, DEPARTME! CHILDREN & FAMILIES Awl. le. - Pamela Buckham Safety Program Manager

Docket for Case No: 09-002049