04- WIS STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF Certified Mail 7005 1820 0008 0152 2319 A Civil Penalty Against Return Receipt Requested 2. a True Hope & Deliverance Ministries, Inc. True Hope Developmental Academy 3109 West Beaver Street Jacksonville, Florida 32254 ADMINISTRATIVE COMPLAINT “ YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of One Thousand Dollars ($1,000.00). As grounds for the imposition of this penalty, the Department states the following: “4. 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, True Hope & Deliverance Ministries, Inc., is licensed to operate True Hope Developmental Academy-License # C04DU0399, located at 3109 West Beaver Street, 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-| 3. During an investigation on September 25, 2009, a DCF Licensing Counselor determined that: There was inadequate supervision on September 24, 2009, when a three (3) year old child (A.1.) was Injured by another preschool child. Staff member V.J., stated the children ran ahead of her into the classroom where one (1) child threw child (A.1.) down fracturing his collarbone. Although these children have a history of pushing each other the staff member did not keep them apart. At the time of the incident there was no staff in the room when the child (A.I.) got hurt. 4. FAC Rule 65C-22.001 (5) (a), states, direct supervision means watching and directing children's activities within the same room or designated outdoor play area and responding to the needs of each child. Childcare personnel at a facility must be assigned to provide direct supervision to a specific group of children and be present with that group at all times. When caring for school age children, childcare personnel shall remain responsible for the supervision of the children in care and capable of responding to emergencies, and are accountable for children at all times, including when children are separated from their groups. Pursuant to the Florida Administrative Code Rule 65C-22.001 (5) (a), this is a Class 2 violation, which was escalated to a Class | violation due to no staff was in the room with the children when the child (A.|.) was injured. Pursuant to the Progressive Disciplinary Sanctions Summary Item #5- Supervision the fine for this first Class 1 violation is not less than $100.00 nor more than $500.00. The maximum assessed amount of $500.00 is levied due to that the child was seriously injured due to lack of adequate supervision as there was not a staff member in the room when the child was injured. Violation-I! 5. During an investigation on September 25, 2009, a DCF Licensing Counselor determined that: There was inadequate supervision on September 24, 2009, when a three (3) year old child (A.I.) was injured by another preschool child. Staff member V.J., stated the children ran ahead of her into the classroom where one (1) child threw child (A.I.) down fracturing his collarbone. Although these children have a history of pushing each other the staff member did not keep them apart. At the time of the incident there was no staff in the room when the child (A.I.) got hurt. 6. FAC Rule 65C-22.001 (11), states, acts or omissions that meet the definition of child abuse /neglect provided in Chapter 39.F.S., constitutes a violation of the standards in ss. 402.301-319, F.S. Pursuant to the Florida Administrative Code Rule 65C-22.001 (11), this is a Class 1 violation. Pursuant to the Progressive Disciplinary Sanctions Summary Item # 63-Child Abuse/Neglect the fine for this first Class 1 violation is not less than $100.00 nor more than $500.00. The maximum assessed amount $500.00 is being levied as the child suffered a serious injury and when child (A.I.) complained to staff member V.J. of being in pain child (A.1.) was told to go to lie down. 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 as 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 money order or cashier’s check for this fine can be made directly to the Department of Children and Family Services. The mailing address is: 5920 Arlington Expressway, 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 : 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 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: 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 4323 Winewood Blvd., Bldg. 1, Suite. 407 Jacksonville, FL. 32231-0083 Tallahassee, FL. 32301 STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES Pamelg Buckham ' Safety Program Manager

Docket for Case No: 09-006952