04-4204 STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF Certified Mail 7005 1820 0008 015 A Civil Penalty Against Return Receipt Requested Head Start @ Ft. Caroline 5543 Ft. Caroline Road Jacksonville, Florida 32277 . ADMINISTRATIVE COMPLAINT YOU ARE-HEREBY. NOTIFIED that the Department has imposed a Civil-Penalty.in the amount: of Six Thousand Seven Hundred Dollars ($6,700.00). 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, Jacksonville Urban League, is licensed to operate Head Start @ Ft. Caroline located at 5543 Ft. Caroline Road, Jacksonville, Florida 32277, 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 May 7, 2009, it was determined that the Respondent committed the following violation: FAG Chapter 65C-22.001 (14) (b), in that: Staff members failed to immediately report suspected abuse which was first observed and documented by a staff member T.W., on March 16, 2009. T.W. gave written documentation to the Director S.S. on April 29, 2009, who in turn faxed the documentation to her supervisor on April 29, 2009 and April 30, 2009, The Florida Abuse Hotline was not contacted until May 6, 2009. The staff members should have immediately notified the Florida Abuse Hotline of the suspected child abuse. For the 1 and 2” Glass 1 violation the Department shall, upon applying the factors in s.402.310 (1), F.S., issue an Administrative Complaint imposing a fine not less than $100.00 nor more than $500.00 per day for each violation and may impose other disciplinary sanctions in addition to the fine. March 16, 2009 until May 5, 2009 was fifty-one (61) days. The sanction at $100.00 per day is $5,100.00 for this violation. Administrative Complaint- Head Start @ Ft. Caroline Page 2 ' FAG Chapter 65C-22.004 (8) (b), in that: A staff member J.T., used severe discipline by making children stand in “time-out” for excessive periods of time (several hours) in the bathroom and/or classroom. Child L.J. had to stand in “her spot” in the classroom from March 16, 2009 through March 27, 2009 for hours each day. Staff member T.W., - states that child T.G. was placed in the bathroom by the teacher J.T. for crying. Two other teachers, A.B., and K.K., on two (2} different occasions stated they found T.G., in the bathroom alone crying. T.G.'s mother verified he would cry upon arrival at the childcare center and the teacher J.T. would send him to the bathroom for crying: For the 1° and 2™ Class 1 violation the Department shail upen applying the factors in s,402.310 (1), F.S., issued an Administrative Complaint imposing a fine not less than $100.00 nor more than $500.00 per day for each violation and may impose other disciplinary sanctions in addition to the fine. Child L.J. suffered excessive periods of “time-out” for ten (10) days and child T.G. was placed in the bathroom crying on at least three (3) occasions. Thirteen (13) days at $100.00 per day is a sanction of $1,300.00 for this violation. FAC Chapter 65C-22.001 (8) (b), in that: A staff member, J.T. used a form of discipline associated with food as children’s food was thrown away as a form of discipline. Director, S.S. admitted knowledge of T.G's food being thrown out on April 24, 2009. She stated when staff member A.B. brought him crying to her office she gave the child a second lunch. Staff member T.W. stated there were other incidents of teacher J.T. throwing away children’s food or drinks when they made a mess, such as on April 27, 2008 when children had their milk thrown away. Two (2) children P.G. and D.J. stated that the teacher J.T. did throw their milk away when they over poured their cups. Both said they were not given anything else to drink. T.G.’s mother stated her son has missed breakfast when she brings him to the childcare center crying and teacher J.T. sends him to the bathroom. For the 1" and 2™ Class 4 violation, the Department shall, upon applying the factors in s.402310 (1), F.S. issue an Administrative Complaint imposing a fine not less than $100.00 nor more than $500.00 per day for each violation and may impose other disciplinary sanctions in Administrative Complaint-Head Start @ Ft. Caroline Page 3 addition to the fine. T.G.’s lunch was thrown out on April 24, 2009, two (2) children reported having their milk thrown away and T.G.’s mother stated he had missed breakfast when sent to the bathroom for crying. Three (3) days at $100.00 per day is a sanction of $300.00 for this violation. 4. The above referenced violation constitutes grounds to levy this Civil Penally 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 requiremenis of Section 120.57, F.S., and either Rule 28-106.201 Florida Administrative Code or else it will be disrnissed 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; Administrative Complaint-Head Start @ Ft. Caroline Page 4 6. A statement 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. 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 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 . 4323 Winewood Blvd., Bidg. 1, Suite 407 Jacksonville, FL. 32231-0083 Tallahassee, FL. 32304 STATE OF FLORIDA, DEPART CHILDREN ANDFAMILIES | pune A | Pamela Buckham Safety Program Manager 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 6447, Return Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes (2005), this @7”day of July, 2009. STATE OF FLORIDA, DEPARTMENT OF CHILDREN & FAMILIES Paméla GEE) Safety Program Manager

Docket for Case No: 09-004309