STATE OF FLORIDA ety pe day “ay DEPARTMENT OF CHILDREN’ANI, FAMILIES Sp , IN THE MATTER OF Certified, Mall 7005 1820 0008:0452'6096 i: A Givil Penalty Against rained Requéstag’ LG iy Or 2S . Peta “SARL AAT Hussett’s Little Steppers Learning Center A av fSlUN OF SG Lhe 3304 Lenox Avenue ATS ERATIVE : Jacksonville, Florida 32254 NEARINGS SEP | PS 29N9 euus ADMINISTRATIVE COMPLAINT = ar YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount“ of Sixteen Hundred Dollars ($1600.00). As grounds for the imposition of this penalty, the Department states the following: 1. The State of Florida, Department of Children and Families (DCF) has jurisdiction over Respondent by virtue of the provisions of Sections 402.301 — 402.319, Florida Statutes. 2. The Respondent, Hussett’s Little Steppers Learning Center LLC, is licensed to operate Hussett’s Little Steppers located at 3304 Lenox Avenue, Jacksonville, Florida 32254, as a Child Care Facility in compliance with Chapter 402, Florida Statutes (F.S.), and Florida Administrative Code (F.A.C), Rule 65C-22. Violation-I 3. During an inspection on June 17, 2009, a DCF Licensing Counselor determined that the Respondent did: The number of children transported during the week of June 15, 2009 exceeded the manufacturer's designated seating capacity. Four (4) school age children reported seeing 6-7 children being transported in addition to the driver. The children also reported that children were either sitting on another child’s laps while being transported or had observed children sitting in other children’s lap (sharing a seatbelt). Although children could not recall specific dates children described the non compliance situations of either sitting on other children or sharing seat belts during the week of June 15, 2009. 4. FAC Chapter 65C-22.001 (6) (d) (e), the maximum number of individuals transported in a vehicle may not exceed the manufacturer's designated seating capacity or the number of factory installed seat belts. Each child, when transported, must be in an individual factory installed seat belt or federally approved child safety restraint, unless the vehicle is excluded from the requirement by Florida Statute. Pursuant to Florida Administrative Code Rule 65C- 22.001 (6) (d) () this is a Class 1 violation. Pursuant to Progressive Disciplinary Sanction Summary Item # 8-Seat Belts/Child Restraints, the fine for this first Class 1 violation is not less than $100.00 nor more than $500.00 per day and the Department may impose other disciplinary sanctions in addition to the fine. The minimum fine of $100.00 was accessed as no children were injured and there is no previous history of this seat belt violation. Violation-il 5. During an inspection on June 17, 2009, a DCF Licensing Counselor determined that the Respondent did: As a mandated reporter, the owner, operator, employee or substitute failed to report suspected child abuse or neglect as required in section 39.201, Florida Statues. Staff members G.L., D.W., S.H. and W.W, were aware of suspected child abuse on June 16, 2009, when a 5 year old boy came to the childcare facility with a black eye stating he was hit by a relative at home. Staff members stated they did not call the Abuse Hotline but instead contacted the childcare director with their concerns on June 16, 2009. Director, T.P., stated she was not aware of the extent of the injuries to the child until she saw him on June 18, 2009 and Law Enforcement came to the childcare facility. 6. FAC Chapter 65C-22.001 (11) , states, that 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. Pursuant to Florida Administrative Code Rule 65C-22.001 {11), this isa Class 1 violation. Pursuant to Progressive Disciplinary Sanctions Summary Item # 63 Child Abuse or Neglect, the fine for this first Class 1 violation is a fine not less than $100.00 nor more than $500.00 per day and the Department may impose other disciplinary sanctions in addition to the fine. This violation is being accessed $500.00 per day for the (3) three days it was not reported. The fine amount was accessed due to the danger of the child and his siblings returning home where they continued to be at risk, of further abuse. Several staff members, although mandated reporters failed to report and ignored the child’s statement of being hit by a relative. The sanction at $500.00 per day is $1500.00 for this violation. 7. 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. 8. 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. 32234, 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, 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. A statement 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. 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: David Tucker Gregory D. Venz, Agency Clerk Chief Legal 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 FLORIDA, ENT OF CHILDREN ANP FAMILIES 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 6096, Return Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes (2005), this 4)0%day of August , 2009. LDREN & FAMILIES Safety Program Manager

Docket for Case No: 09-005079