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DEPARTMENT OF CHILDREN AND FAMILY SERVICES vs THE DUNBAR CENTER, INC., AND PAUL KELLY, 10-001690 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-001690 Visitors: 40
Petitioner: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Respondent: THE DUNBAR CENTER, INC., AND PAUL KELLY
Judges: CLAUDE B. ARRINGTON
Agency: Department of Children and Family Services
Locations: Port St. Lucie, Florida
Filed: Mar. 29, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, April 28, 2010.

Latest Update: Dec. 22, 2024
[3 Slatica Department of 3 Chitdten zFamilies State of Florida Charlie Crist Governor Department of Children and Families George H. Sheldon Secretary STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF IO- {64 O A Civil Penalty Against Dunbar Center Inc Bran Dunbar Center, Inc . WES Sm 12100 S. E, Lantana Avenue Hobe Sound, F1 33455 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount $250.00 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 sections 402.301 — 402.319, Florida Statues. 2. On January 4, 2010, the Respondent committed a Class 1 violation of Florida Administrative Code Rule 65C- 22.001(5)(a)-(d), and 65C-22.001(6)(f). A complaint inspection of the facility on January 6, 2010 confirmed the center violated Florida Administrative Code Rules as stated above in that direct supervision of a child in the four year old group was inadequate a child was left in the classroom unattended, while the remainder of the class left for a field trip. 3. January 4, 2010, the Respondent committed a Class 1 violation of the Florida Administrative Code Rule 65C-22.001(11) Child Abuse or Neglect. A complaint inspection of the facility on January 6, 2010 confirmed the employees, while caring for children, committed an act or omission that meets the definition of child abuse or neglect provided in Chapter 39, Florida Statue. A child was left in the classroom unattended, while the remainder of the class left for a field trip. 4. The above referenced violations constitute grounds to levy this Civil Penalty pursuant to ss. 402.310(1) (a), Florida Statutes, in that the above referenced conduct of Respondent constitutes a violation of the minimum standard, rules and regulations for the operation of a Child Care Facility. 1317 Winewood Boutevard, Tallahassee, Florida 32399-0700 Mission: Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery and Resiliency Sea neeeeee PAYMENT OF FINE, IF NOT CONTESTED Payment of this fine can be made directly to the Department of Children and Family Services. The mailing address is 337 N US Hwy 1, Fort Pierce, Florida 34950, Attn: Child Care Licensure. IF YOU BELIEVE THE DEPARTMENT’S DECISION IS IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING TO CONTEST THE DECISION. YOUR REQUEST FOR AN ADMINISTRATIVE HEARING MUST BE RECEIVED BY THE DEPARTMENT WITHIN 21 DAYS OF YOUR RECEIPT OF THIS NOTICE. FAILURE TO REQUEST AN ADMINISTRATIVE HEARING WITHIN THE 21 DAYS PROVIDED SHALL CONSTITUTE A WAIVER OF THE RIGHT TO A HEARING, You may submit your request for an administrative hearing to the Department at the following address Laurel Hopper Assistant Regional Counsel Department of Children and Families 337 N. US Highway 1 Fort Pierce, Florida, 34950 Please note that a request for an administrative hearing must comply with section 120.569(2)(c), Florida Statutes and Rules 28-106.201(2), Florida Administrative Code. Those provisions, when tead together, require a petition for administrative hearing to include: (a) The name and address of each agency affected and each agency’s file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the representative, if any, which shall be the address for service purposes during the course of the proceeding; an explanation of how the petitioner’s substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material facts. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency’s proposed action; () Astatement of the specific rules or statutes the petitioner contends require reversal or modification of the agency’s proposed action; and (g) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect to the agency’s proposed action. : Section 120.569, Florida Statutes, and rule 28-106.201, Florida Administrative Code, require that a petition to be dismissed if it is not in substantial compliance with the requirements above. STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES Tom Peer, Child Care Licensing Supervisor

Docket for Case No: 10-001690
Issue Date Proceedings
Apr. 29, 2010 Transmittal letter from Claudia Llado forwarding Petitioner's Exhibits numbered 1-6, to the agency.
Apr. 28, 2010 Order Closing File. CASE CLOSED.
Apr. 26, 2010 Letter to DOAH from P.Kelly withdrawing and agreeing to informal hearing filed.
Apr. 23, 2010 Department's Motion to Amend Complaint filed.
Apr. 20, 2010 Petitioner's Witness List filed.
Apr. 20, 2010 Petitioner's Exhibit List (exhibits not available for viewing) filed.
Apr. 20, 2010 Department Motion to Relinquish Jurisdiction filed.
Apr. 14, 2010 Amended Administrative Complaint filed.
Apr. 05, 2010 Order Directing Filing of Exhibits
Apr. 05, 2010 Order of Pre-hearing Instructions.
Apr. 05, 2010 Notice of Hearing by Video Teleconference (hearing set for May 5, 2010; 9:00 a.m.; Port St. Lucie and Tallahassee, FL).
Mar. 31, 2010 Joint Response to Initial Order Prepared by the Department of Children and Families filed.
Mar. 29, 2010 Request for Administrative Hearing filed.
Mar. 29, 2010 Administrative Complaint filed.
Mar. 29, 2010 Notice (of Agency referral) filed.
Mar. 29, 2010 Initial Order.
Source:  Florida - Division of Administrative Hearings

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