STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES INTHE MATTER OF Certified Mait 7005 1820 0: A Civil Penalty Against Retum Receipt Requested Meitonia Wright/DBA- Wright Learning Academy (F/K/A Caterpillars to Butterflies) . wae 687 Edgewood Avenue N. _— Jacksonville, Florida 32254 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of Three Thousand Six Hundred Eighty Dollars ($ 3,680.00), against Meltonia Wright/DBA- Wright Learning Academy (F/K/A Caterpillars to Butterflies). 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 this matter by virtue of the provisions of Sections 402.301 — 402.319, Florida Statutes. 2. The Respondent, Meitonia Wright, is licensed to operate Wright Learning Academy- FIKIA as Caterpillars to Butterflies-License # C04DU0631, located at 687 Edgewood Avenue, North, Jacksonville, Florida, 32254 as a Child Care Facifity 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 December 18, 2009, a DCF Licensing Counselor determined that: An area of the facility was not in good repair in that, sheet rock was observed to be coming away from the frame of the wall and the door knob was missing from the door in the two (2) year old ‘classroom. 4. FAC Rule 65C-22.002 (1) (a), states, all childcare facilities must be clean, in good repair, free from health and safety hazards and from vermin infestation. During the hours that the facility is in operation, no portion of the building shall be used for any activity which _ endangers the health and safety of children. Pursuant to the Florida Administrative Code Rule 65C-22.002 (1) (a), this is a Class 3 violation. This same Class 3 violation was previously cited on July 28, 2008 and November 17, 2008, under the previous name Caterpillars to Butterflies Learning Center. Pursuant.to the Child Care Facility Standards Classification Summary, CF- FSP Form 5316, Item # Facility not in good repair, the fine for this third Class 3 violation is $25.00. Violation-il 5. During an inspection on December 18, 2009, a DCF Licensing Counselor determined that: The facility's outdoor play area was observed to pose a threat to the health, safety or well being of the children in care due to the presence of hazardous items in that the gate behind the building is coming away from the wall, therefore allowing children access fo an area where broken toys are stored. Also the lock to the storage house was not secured as evidenced to screws that secure the latch to the door was no longer intact. 6. FAC Rule 65C~22.002 (4) (c) (e), states, the outdoor play area shall be clean, free from litter, nails, glass and other hazards. The outdoor play area shall have and maintain safe and adequate fencing or walls a minimum of four (4) feet in height. Fencing, including gates, must be continuous and shall not have gaps that would allow children to exit the outdoor play area. The base of the fence must remain at ground {evel and be free from erosion or build-up to prevent inside or outside access by children or animals. Pursuant to the Florida Administrative Code Rule 68C-22.002 (4) (c) (e), this is a Class 2 violation. This same Class 2 violation was previously cited on September 17, 2008, March 24, 2009, and April 7, 2009, under the previous name of Caterpillars to Butterflies Learning Center. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item #21-Hazardous Items, Threat to Health/Safety, the fine for this fourth Class 2 violation is $75.00. Violation-Ht 7. During an inspection on December 18, 2009, a DCF Licensing Counselor determined that: A Student Health Examination /DH Form 340 or equivalent was not available for a child J.M. after 30 days of enrollment. : 8. FAC Rule 65C-22.006 (2) (a) (b), states, the childcare facility is responsible for obtaining for each child in care a current, complete and properly executed Student Health Examination Form DH 3040 (June 2002) from the parent or legal guardian or a statement by authorized professionals that indicates the result of the components of the Student Health a Examination form are included in the health examination. The Student Health shall be completed by a person given authority to perform health examinations. The Student Health Examination or the signed statement is valid for two (2) years from the date the physical was performed. An up-to-date version must be on file for as long as the child is enrolled at the . facility. Pursuant to the Florida Administrative Code Rule 65C-22.006 (a) (b), this is a Class 3 violation. This same Class 3 violation was previously cited on July 28, 2008 and November 17, 2008, under the previous name of Caterpillars to Butterflies Learning Center. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item # 57-Missing Student Health Examination, the fine for this third Class 3 violation is $25.00. Violation-IV 9. During ’an inspection on December 18, 2009, a DCF Licensing Counselor determined that: , Verification for Employment History for the past two years was not on file for staff member H.F., hired on November 18, 2009, and whose last day of employment was December 28, 2009. 10. FAC Rule 65C-22.006 (4) (d) (1) (b}, states records shall be maintained and kept current on all childcare personnel, as defined by Section 402.302 (3),-F.S., and household members if the facility is located in a private residence. These shall include Level 2 screening information documented on CF-FSP Form 5131, February 2004, Background Screening and Personnel File Requirements, which-is incorporated by reference. Level 2 screening includes an Employment History Check that includes the. previous two (2) years. An Employment History Check conducted under this rule shall include the applicant’s position description, confirmation of employment dates from previous job (s) and level of job performance. Pursuant to the Florida Administrative Code Rule 65C-22.006 (4) (d) (1) (b), this is a Class 2 violation. This same Class 2 violation was previously cited on July: 28, 2008, November 17, 2008 and July 16, 2009. Administrative Complaints (fines) were levied on December 2, 2008 for $50.00 and August 20, 2009 for $60.00, under the previous name of Caterpillars to Butterflies Learning Center. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, item # 60-Employment History Check missing, the fine for this fourth Class 2 violation is $75.00 per day. Staff member H.F., was employed from November 18, 2009 until! December 28, 2009, 25 operational days at $75.00 per day totaling assessed amount of this fine to $1,875.00. : Violation-V 41. During an inspection on December 18, 2009, a DCF Licensing Counselor determined that: CF-FSP Form 5131 Background Screening and Personnel Requirements was not on file for staff member H.F., hired November 18, 2009, whose last day of employment was December 28, 2009. 12. FAC Rule 65C-22.006 (4) (d), states, records shail be maintained and kept current on all childcare personnel, as defined by s. 402.302 (3), F.S., and household members if the facility is located in a private residence These shall included: an Employment History Application with the required statement pursuant to s.402.3055 (1) (b), F.S., Level 2 screening information documented on CF-FSP Form 5131, February 2004, Background and Personnel Fite Requirements, which is incorporated by reference. A screening conducted under this rule is valid for five (5) years, at which time a statewide re-screening must be conducted. Pursuant to the Florida Administrative Code Rule 65C-22.006 (4) (d), this is a Class 2 violation. This same Class 2 violation was previously cited on November 17, 2008 and July 16, 2009. Administrative Complaint (fine) was levied on August 20, 2009 for $50.00, under the previous name of Caterpillars to Butterflies Learning Center. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item # 60-CF-FSP Form 5131 not on file, the fine for this third Class 2 violation is $60.00 per day. Staff member H.F., was employed from November 18, 2009 until December 28, 2009, 25 operational days at $60.00 per day totaling assessed amount of this fine to $1500.00. Violation-VI ; : 13. During a re-inspection on January 4, 2010, a DCF Licensing Counselor determined that: Direct supervision of children in the three year old group was inadequate in that the Counselor abserved a three year old child in a room by himself crying for an undetermined amount of time. The teacher who was responsible for the child was in the front part of the facility while the child was in the back of the facility by himself. 14. 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. Pursuant to the Florida Administrative Code Rule 65C-22.001 (5) (a), this is a Class 2 violation. This same Class 2 violation was previously cited on April 7, 2009 and July 16, 2009. Administrative Complaint (fine) was levied July 16, 2009 and escalated to a Class 1 due to the seriousness of incident, under the previous name of Caterpillars to Butterflies Learning Center. Pursuant to” the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item #5- Supervision, the fine for this Class 2 violation is $50.00. Violation-Vil ; 15. During a re-inspection on January 4, 2010, a DCF Licensing Counselor determined that: An area of the facility was observed to not be in good repair in that a baseboard leading to the front entry way of the childcare facility was missing. 46. FAC Rule 65C-22.002 (1) (a), states, all childcare facilities must be clean, in good repair, free from health and safety hazards and from vermin infestation. During the hours that the facility is in operation, no portion of the building shall be used for any activity which endangers the health and safety of children. Pursuant to the Florida Administrative Code Rule 65C-22.002 (1) (a), this is a Class 3 violation. This same Class 3 violation was previously cited on July 28, 2008, November 17, 2008, and December 18, 2009, under the previous name of Caterpillars to Butterflies Learning Center. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item #14-Facilty not in good repair, the fine for this fourth Class 3 violation is $30.00. Violation-VIlI 17. During a re-inspection on January 4, 2010, a DCF Licensing Counselor determined that: The facility's outdoor play area was observed to pose a threat to the health, safety or well being of the children in care due to the presence of hazardous items in that the storage house door lock had not been repaired. The lock was on the door but it was not securing the door and preventing the children from entering the storage house. Counselor also observed a glue gun laying on the ground. 18. FAC Rule 65C-22.002 (4) (c), ‘states, the outdoor play area shall be clean, free from arene einen ene samme cenfinennai mgee mnie litter, nails, glass and other hazards. The outdoor play area shall have and maintain safe and adequate fencing or walls a minimum of four (4) feet in height. Fencing, including gates, must be continuous and shal! not have gaps that would allow children to exit the outdoor play area. The base of the fence must remain at ground level and be free from erosion or build-up to prevent inside or outside access by children or animals. Pursuant to the Florida Administrative Code Rule 65C-22.002 (4) (c), this is a Class 2 violation. This same Class 2 violation was previously cited on September 17, 2008, March 24, 2009, and April 7, 2009, and December 18, 2009, under the previous name of Caterpillars to Butterflies Learning Center. Administrative Complaints (fines) was levied April 28, 2008 for $50.00 and April 7, 2009 for $60.00. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, ttem #21- Hazardous Items, Threat to Heaith/Safety, the fine for this fifth Class 2 violation is $100.00. In addition to the fines levied above the Department recommends Revocation of the Childcare License. 19. 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. , 20. 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. 21. 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 NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES 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 CALENDAR 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 addresses: . 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 o 4323 Winewood Blvd., Bldg. 1, Suite 407 Jacksonville, FL. 32231-0083 Tallahassee, FL. 32301 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 read 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 name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and 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; (f) A statement 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(4), Florida Administrative Code, require that a petition to be dismissed if it is not in substantial compliance with the requirements above. Pursuant fo section 120.573, Florida Statutes, the Department advises that formal mediation is not available for this administrative complaint. However, the Department may consider proposals to resolve the complaint without a formal hearing. STATE OF FLORIDA, se CHILDREN AND FAMILIES pyeglabtsnn 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 8205, eturn Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes (2005), this ate lay of February, 2010. STATE OF FLORIDA, DEPARTMENT OF CHILDREN & FAMILIES We 4)" a Bo hae anal ee Safety Program "anager USPS - Track & Confirm . : Page | of | UNITED STATES: pos son a ° Home { Help | Signin Track & Confirm . Search Results - Label/Receipt Number: 7005 1820 0008 0152 6205 Service(s): Certified Mail” Status: Delivered Enter Label/Receipt Number. Your iter was delivered at 12:34 PM on February 4, 2010 in JACKSONVILLE, FL 32254. , Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. : Site Mao Customer Service Fors Govt Services Careers Privacy Bolicy ‘Terms of Use Business Customer Gateway Copyright® 2010 USPS, Al Rights Reserved. NoFEARACtEEO Data = FOIA 7] i coon # Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. W Print your name and address on the reverge "80 that we can return the card to you, ™ Attach this card to the back of the mall }_ oron the front if space permits. 14. Article Addressed to: > D. Is delivery If YES, enter ONo ‘Meltonia Wright/DBA- del 08 ' \ Wright Learning Académy © Dep v 687 Edgewood Avenue North ~ SSS : = Typ EN : Jacksonville, Florida 32254 © Brora weit “EE ne RAMU i . Cl Registered C1 Retum Recélbt for Merchandise . Ci insured Mall 9. C.0.D, : 1 4. Restricted Delivery? (Extra Fee} O Yes 4G 2. Article Number : : : , —r ' (Fenster fomsenicelebe) «ss PMS WAPO NOOB OLSe Bes PS Form 3811, February 200- Domestic Return Receipt 102595-02-8-4540 | i i i

Docket for Case No: 10-001823