STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF Certified Mail 7005 1820 0008 0152 1640 - A Civil Penalty Against Return Receipt Requested McAlister Family Daycare Home () q- l, OF y ATTN: Katarine McAlister 10732 Lariat Lane : Jacksonville, Florida 32257 ing ADMINISTRATIVE COMPLAINT OOF 2 & anne YOU ARE HEREBY NOTIFIED that the Department has imposed a: (1) Civil Penalty in the amount of One Thousand Five Hundred Dollars ($ 1,500.00). (2) The Respondent's license be placed on Probationary Status for a period not to exceed six (6) months. The terms of the probation are as follows: There shall be no Class One violation. There shall be no supervision violations. The Operator shail not use Alfred McAlister as a substitute in any capacity. ap o Pp The Operator shall notify Childcare Licensure on days that she is not available to act as an Operator and provide name of person acting as substitute. e. The Operator shall provide a weekly copy of all accident/incident reports for licensure review by close of business on every Friday. As grounds for the imposition of this penalty, the Department states the following: 4. The 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, Katherin McAlister, is licensed to operate McAlister Family Day Care Home-License # F-04DU0389, located 10732 Lariat Lane, Jacksonville, Florida, 32257, as a Family Day Care Home in compliance with Chapter 402, Florida Statutes (F.S.), and Florida Administrative Code (F.A.C), Rule 65C-20. Violation-I 3. During a complaint investigation on July 24,2009, a DCF Licensing Counselor i determined that : | The Family Daycare Home substitute, A.M., while caring for children on July 22, 2009, committed an act or omission that meets the definition of child neglect as provided in Chapter 39, Florida Statutes. The substitute admitted vacuuming and not directing children’s activities during which time inappropriate sexual contact between children occurred. Two (2) children reported the substitute was on the computer during the time of the incident. 4. FAC Rule 65-20.010 (7) (a), states, acts or omissions that meet the definition of child abuse or neglect provided in Chapter 39, F.S., constitute a violation of standards in ss. 402.301-319, F.S. Pursuant to the Florida Administrative Code Rule 65C-20.010 (7), this is a Class 1 violation. Pursuant to the Progressive Disciplinary Sanctions Summary !tem # 38-Child Abuse or Neglect, the fine for this first violation Class 1 is not less than $100.00 nor more than $500.00. The fine levied shall be $500.00 the maximum allowed due to the seriousness of the violation and the number of children (4) who were affected as a result of the violation. Violation II 5. During a complaint investigation on July 24,2009, a DCF Licensing Counselor determined that : As a mandatory reporter, the Operator failed to report suspected child abuse or neglect as required in Section 39.201, Florida Statutes. A child reported inappropriate sexual behavior between children during the hours of operation on July 22, 2009. The Operator admitted to not reporting a suspected incident to the Florida Abuse Hotline on July 22, 2009, but rather wanted to discuss the incidents with the parents prior to reporting. The Operator failed to perform the duties of a mandatory reported for two days, July 22, 2009 and July 23, 2009 placing all the children at continued risk for abuse and/or neglect. The Operator admitted to having previous training in events similar to that which occurred on July 22, 2009 and that a report should have been called into the Florida Abuse Hotline on July 22, 2009, due to the serious nature of the incidents between children enrolled in the Family Daycare Home 6. FAC Rule 65C-20.010 (7) (b), states, 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 65-C-20.010 (7), this is a Class 1 violation. Pursuant to the Progressive Disciplinary Sanctions Summary Item # 38, Child Abuse or Neglect, this fine for the first violation in Class 1 violation is a fine not less than $100.00 nor more than $500.00 a day. The Department may impose other disciplinary sanction in addition ’ to the fine. The Operator became aware of the incident on July 22, 2009, however never called the Abuse Hotline and due to the seriousness of the incident between children and prior training on reporting suspected abuse/neglect the fine levied shall be$500.00 for each day or a total of $1,000.00 the maximum allowed. 7. The above referenced violation constitutes grounds fo 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. 32231, Attention: Child Care Licensure. 9. Failure to pay the fine imposed in this Administrative Complaint will result in an automatic non-renewal of the license referenced above. 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. To initiate this formal review process, a petition for formal hearing must be received by the following individuals within the twenty-one-day time frame: This decision constitutes final agency action unless a person who is substantially affected by it submits a writen 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, Florida Statute, and rule 28-106.201 Florida Administrative Code or else it will be dismissed as required by Section 120.569(2)(c), Florida Statutes. That law and those rules require the written request for hearing to include the following information: 4. 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. Anexplanation 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. Astatement of the specific rules or statutes that the petitioner believes requires the agency fo 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, DEPART IT OF aL AND FAMILIES Utusan 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 1640 , Return Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes (2005), this pat day of October, 2009. STATE OF FLORIDA, DEPARTMENT OF CHILDREN & FAMILIES Pameld Buckham cn t Safety Program Manager

Docket for Case No: 09-006028