O4- DICK STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF Certified Mail 7005 1820 0008 0152. 4849 A Civil Penalty Against Return Receipt Requested A Ghild’s Choice Development Center 7044 Beach Blvd. Jacksonville, Florida 32216 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of Five Hundred Dollars ($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 Chapters 402.301 — 402.319, Florida Statutes. 2. The Respondent, Luz Ocampo, is licensed to operate A Child’s Choice Development Center located at 7044 Beach Blvd., Jacksonville, Florida 32216, 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 investigation on March 16, 2009 , it was determined that the Respondent committed the following violation: FAC Chapter 65C-22.001 (8)(a) (b), 11(b),(5)(c), in that: Staff member, C.T. the two year old teacher, was accused of using alcohol while caring for a group of two year old children on March 19, 2009. On March 20, 2009, the Director called and reported to the counselor that on March 19, 2009, while relieving the teacher C.T. out on the playground she took it upon herself to look in the teacher’s cup. She observed that it contained some type of alcohol substance. When the teacher returned to the playground area, she observed that the teacher picked up the cup and “gulped” down the contents of the cup and threw it in the trash. The Director then retrieved the cup from the trash and saved it for the counselor to observe. The Director stated that she first became aware on February 6, 2009, from two staff members (S.M. and J.M.) and parents that they smelled what appeared to be alcohol on teachers CT's breath as well as witnessed inappropriate behavior from the teacher C.T. towards the children, such as; she spoke very Joud to the children, twisted children’s ears and flick them in the mouth. On March 20, 2009, the Department of Children and Families Counselor Administrative Complaint-A Child’s Choice Development Center Page 2 . and Jaeksonville Sheriff's Officer arrived at the childcare facility. The teacher C.T. ; admitted that the cup was hers and the she was drinking “Redbull with a little liquor.” The Jacksonville Sheriff's Officer “RKM”, identified the contents in the cup as being beer. Upon entering the childcare facility on March 20, 2009 the counselor observed that the teacher C.T. who was previously suspected of using alcohol on the job was left alone to supervise a group of fifteen (15) 2 year old children. Childcare employees who are mandated reporters failed to report suspected abuse or neglect and a coworker’s miss use of alcoho! to the abuse hotline in which this behavior was endangering the welfare of children. No person shail be an Operator, Owner, or Employee of a childcare facility while using or under the influence of narcotics, alcohol, or other drugs that impair an individual's ability to provide supervision and safe childcare. 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. Failure to perform the duties of a mandatory reporter pursuant to s. 39.201, F.S. constitutes a violation of the standards in ss. 402.301-319, F.S. Specific Authority 402.305, F.S. Law Implemented 402.305, 402.3055, 402.308, 402.310, 402.315, F.S. Failure to report abuse or neglect, using alcohol while supervising children and committing abuse or neglect is a Class 4 violation for which the sanction for this 1* Class 1 violation is a fine not less than one hundred dollars ($100.00) nor more than disciplinary action in addition to the fine. 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: Child Care Licensure. NOTICE OF RIGHTS Please be advised that you de 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 five-hundred-dollars-($500-00)--lrr addition the Department may impose other" Administrative Complaint-A Child’s Choice Development Center Page 3 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. 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; 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 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; 7. Aconcise statement of the facts as the petitioner perceives them to be, including the 1 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 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.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 Administrative Complaint-A Child’s Choice Development Center Page 4 IDA. F CHILDREN AND FAMILIES Cre Pamela Buckham Safety Program Manager CERTIFICATION OF SERVICE Od 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 4849, Return Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes (2005), this Ff day of May , 2009. STATE OF pCORIDA, DEPART yi OF a t~ Pamela Buckham Safety Program Manager

Docket for Case No: 09-003168