STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES. IN THE MATTER OF Certified Mail 7005 1820 0008 0152 5: A Givil Penalty Against Return Receipt Requested _ ° Nanny’s Little Angels Learning Center ; ' ATIN: Angela Sheppard 8531 Normandy Blvd. . MAY 20 2009 Jacksonville, Florida 32221 OCF ps ADMINISTRATIVE COMPLAINT _— YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil 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, Angela Sheppard, is licensed to operate Nanny’s Little Angels Learning Center located at 8531 Normandy Blvd., Jacksonville, Florida 32221 ,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 March 4, 2009, it was determined that the Respondent committed the following violation: FAC Chapter 65C-22.001 (8) (a) (b), in that: A method of discipline was used at the facility that was sever, humiliation or frightening to children in that a child was punched by staff member A.S. (Owner/Director) on February 11, 2009, while at the childcare center. This is a Class One violation for which the sanction is a fine not less than $100.00 nor more than $500.00 per day. The Department may impose other disciplinary sanction in addition to the fine. FAC Chapter 65C-22.001 (8) (a) (b), states, in part that all childcare personnel must comply with the facility’s written disciplinary policy. Such policies shall include standards that prohibit children from being subjected to discipline which is severe, humiliating, frightening, or associated with food, rest, or toileting. Spanking of anyother form of physical punishment is ~ prohibited by all childcare personnel. ” Administrative Complaint- Nanny’s Little Angels Page 2 FAC Chapter 65C-22.001 (11), in that: On February 11, 2009, the Director/Owner while caring for children punched a child, resulting in bruising to the child. This is an act that meets the definition of child abuse or neglect provided in Chapter 39, Florida Statutes. This is a Class One violation for which the sanction is a fine not less than $1 00,00 nor more than $500.00 per day. The Department may impose other disciplinary sanction in addition to the fine. In addition to the fines levied above, the Respondent's license is revoked in that, the Respondent has violationed the provision of Chapter 402, Florida Statutes, and Chapter 65C-22, Florida Administrative Code, as follows: {a} On January 21, 2009, a routine inspection was conducted. The following items were cited for non-compliance: Supervision: A staff member assigned to the Infant Room left the room fo get supplies from the kitchen. The infants were left unattended. Outdoor Play Area: The ground cover or other protective surface under the swing set was not maintained. Nap Space Requirements: Children napping in the one year old group were not napping 18 inches apart. Meal and Snack Menus: Substitutions to the planned menu were not recorded on the posted menu. ; Children’s Health/immunization Records: One (1) child had an expired immunization Record and one (1) child was missing a current Physical Form. Enrollment Information: Two (2) children had incomplete enrollment forms on file. Personnel Records: Staff members A.S., hired November 20, 2008 and D.S., hired December 10, 2008, were missing a signed statement regarding any work in a facility that had been subject to negative licensing action or the subject of disciplinary while employed. Background Screening: Staff members A.S., hired November 20, 2008 and Staff member D.S., hired December 10, 2008, were both missing Verification of Employment History and a completed CF-FSP Form 5131, Background Screening Administrative Complaint- Nanny’s Little Angels Page 3 and Personnel File Requirements. Staff member A.S. was also missing a dated Attestation of Good Moral Character Form. An Administrative Warning Notification was issued during the inspection for Supervision and Background Screening violations. (b) On March 4, 2009 a Compliant inspection was conducted. The following items were cited for non-compliance . Child Discipline: A method of discipline was used at the facility that was severe, humiliating or frightening to children in that a child was punched by staff member A.S. (Owner/Operator). Child Abuse or Neglect: The owner, operator, employee or substitute, while caring for children, punched a child resulting in bruising to the child. This is an act that meets the definition of child abuse or neglect provided in Chapter 39, Florida Statutes as the punishment on a child by staff member A.S. 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 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 Complaini- Nanny’s Little Angels 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; 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 pétitioner’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 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 Assistant General Counsel Department of Children & Families P.O. Box 2417 Jacksonville, FL. 32231-0083 Gregory D. Venz, Agency Clerk Department of Children & Families Office of the General Counsel 1323 Winewood Bivd., Bidg. 1, Suite 407 Tallahassee, FL. 32301 STATE OF FLORIDA, . DEPARTMENT OF CHILDREN AND FAMILI Pamela Buckham Safety Program Manager CERTIFICATION OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been fumished by U.S. Certified Mail, 7005 1820 0008 0152 5877, Return Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes (2005), this 4tray of May , 2009. STATE OF FLORIDA, DEPARTMEN CHILDREN & FAMILIES

Docket for Case No: 09-003360