STATE OF FLORIDA wT ED | DEPARTMENT OF CHILDREN AND FAMILIES 2 Sar Be ; IN THE MATTER OF Certified Mail 7009 3410 0001 Padlly iil Pit fs w43 A Civil Penalty Against Return Receipt Requested Tiffany Higgs-Thomas DBA- Spellman Academy 10367 Monaco Drive Jacksonville, Florida 32218 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of Two Hundred Fifty Dollars ($ 250.00), against Tiffany Higgs-Thomas DBA-Spellman Academy. 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 maiter by virtue of the provisions of Sections 402.301 — 402.319, Florida Statutes. 2. The Respondent, Tiffany Higgs-Thomas, is licensed to operate Spellman Academy- License # C04DU0788, located at 40367 Monaco Drive, Jacksonville, Florida, 32218, 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-l 3. During a complaint investigation on February 4, 2010, a DCF Licensing Counselor determined that: -Documentation of the Level 2 Background Screening (FDLE/FBI) for two (2) staff members, : S.P., hired September 15, 2009 and M.A., hired November 18, 2009 was missing. . ; ; 4. FAC Rule 65C-22.006 (4), states, records shall be maintained and kept current on all childcare personnel, as defined by Section 402.302 (3), F.S. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as condition of employment and continued employment. For the purposes of this subsection, security background investigations shall include, but not be limited to, fingerprinting for all purposes and federal criminal records checks through the Federal i t Bureau of Investigation, and may include Local Criminal Records Checks through Local Law Enforcement Agencies. Pursuant to the Florida Administrative Code Rule 65C-22.006 (4), this is a Class 2 violation. This same Class 2 violation was previously cited on January 14, 2010. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item # 60-Missing Level 2 background screening, the fine for this second Class 2 violation is $50.00. Violation-ll 5. During a compiaint investigation on February 04, 2010, a DCF Licensing Counselor determined that: There was one (1) screened volunteer left alone with twelve (12) two year olds and two (2) one year olds. This size groups would have required three (3) staff members to meet proper ratio. 6. FAC Rule 65C-22.001 (4) (a) (b) , states, the staff to child ratio as established in s. 402.305 (4), F.S., is based on primary responsibility for the direct supervision of children and applies at all times while children are in care; in a mixed age ranges, where children one (1) year of age but under two (2) years of age are included, one (1) staff member shail be responsible for no more than six (6) children of any age group, at all times. Pursuant to the Florida Administrative Code Rule 65C-22.001 (4) (a) (b), this is a Class 2 violation. This same Class 2 violation was previously cited on January 14, 2010. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item #4-Infufficient staff, the fine for this third Class 2 violation is $50.00. Violation-lil 7. During a re-inspection on February 25, 2010, a DCF Licensing Counselor determined that: There were two (2) children in the Infant Room without a staff person. They were left in the care of a volunteer without background screening or training as required. 8. FAC Rule 65C-22.001(5) (a) (d), 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 of children at all times. When caring for school-age children, childcare personnel shall remain responsible for the supervision of the children in care, shall be capable of responding to emergencies, and are accountable for children at all times, including when children are separated from their groups. During nap time, supervision requires that staff be in close proximity, within sight and hearing of all the children. All other staff required to meet the stafi- to-child ratio shail be within the same building on the same floor, and must be readily accessible and available to be summoned to ensure the safety of the children. Nap time supervision of children up to 24 months of age who must be directly supervised at all times. Pursuant to the Florida Administrative Code Rule, this is a Class 1 violation. Pursuant to the Childcare Facility Standards Classification Summary #5-Supervision, the fine for this Class 1 violation is not less than $100.00 nor more than $500.00. The fine is being assessed at $100.00 due to this is the facility first violation on this standard. Violation-IV 9. During a re-inspection on February 25, 2010, a DCF Licensing Counselor determined that: There was no proof that fingerprint card for the purpose of conducting State/Federal Criminal Records Check was submitted to FDLE for two (2) staff members, S.P., hired September 15, 2009 and MLS., hired November 18, 2009 and volunteer S.S., who started on January 29, 2010. 10. FAC Rule 65C-22. 006 (4), states, records shall 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 a Level 2 screening information documented on CF-FSP Form 5131, February 2004, Background and Personne! File Requirements, which is incorporated by reference. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as condition of employment and continued employment. For the purposes of this subsection, security background investigations shall include, but not be limited to, fingerprinting for all purposes and federal criminal records checks through the Federal Bureau of Investigation, and may include Local Criminal Records Checks through Local Law Enforcement Agencies. Pursuant to the Florida Administrative Code Rule 65C-22.006 (4), this is a Class 2 violation. This same Class 2 violation was previously cited on January 14, 2010. Pursuant to | 1 i i i the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item # 60- Missing fingerprint card, the fine for this second Class 2 violation is $50.00. 11. 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. 12. 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. 13. 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 Counset P.O. Box 2417 4323 Winewood Bivd., 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 i i i i 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. !f 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 to 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, DEPARTMENT OF CHILDREN AND FAMILIES Pamela '‘Buckham Safety Program Manager . : CERTIFICATION OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Certified Mail, 7009 3410 0001 6528 5681 Retum Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes (2005), this47 "day of May, 2010. STATE OF FLORIDA, : Pamela Buckham Safety Program Manager DEPARTMENT)OF CHILDREN & FAMILI 5 - N-DELIVERY. COMPLETE THIS SECTION ol ola 4s WA SENDER: COMPLETE THIS SECTION "g Complete tems 4,2, and 3. Also complete : Complete ceracted Delvery 6 donor. & Print your name and address on the reverse so that we can return the card to you. we a oo nts car tothe back of Me maliplecg,_- Its. pa) 4. Article Addressed 0° Tiffany Higgs-Thomas DBA- Spellman Academy 10367 Monaco Drive Jacksonville, Florida 32218 DEPARTMENT OF CHILDRENS & FAMILIES CHILDCARE LICENSURE

Docket for Case No: 10-004209