Received: Aug 23 2010 01:29pm _ fog 23. 201013560 an Ne. 2398 WYP: Bane Herning STATE OF FLORIDA aia mf DEPARTMENT OF CHILDREN AND FAMILIES 10 Aug 27 p , IN THE MATTER OF Certified Mail 7009 3410 0001 6528 2697/) A Civil Penalty Against Retum Receipt Requested ES Rosalyn Smith’/DBA- Rising Stars Child Care Center . <5 711 Revere Street 0 \ fo) Daytona Beach, Florida 32114 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of Six Thousand Five Hundred Twenty Five Dollars ($6,525.00), against Rosalyn Smith/DBA-Rising Stars Child Care Center. As grounds for the imposition of this penalty, the Department states the following: 1. The State of Florida, Department of Children and Families (OCF) has jurisdiction aver this matter by virtue of the provisions of Sections 402.301 ~ 402.319, Florida Statutes. 2. The Respondent, Rosalyn Smith, is licansed to operate Rising Stars Child Care Center-Licensa # CO7VO0140, located at 711 Revere Street, Daytona Beach, Florida, 32114 as a Child Care Facility in compliance with Chapter 402, Flonda Statutes (F.S.), and Florida Administrative Code (F.A.C), Rule 65C-22, Violation-| 3. During an renewal inspection on December 9, 2009, a DCF Licensing Counselor determined that: The facility did not have documentation of Level 2 Background Screening (FBI clearance letter) for J.G., hired January 31, 2008. A. FAC Rule 65C-22.006 (4) (d) (1), states, Records shall be maintained and kept current on ail child care 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: (d) Initial Screening. Screening information must be documented on CF-FSP Form 5131, March 2009 Background Screening and Personal File Requirements, which is incorporated by reference. Screening includes the following: (1) Level 2 screening as defined in Saction 435.04, F.S., which includes at a minimum Federal Bureau if Investigations (FBI), Florida Department if Law Enforcement Received: Aug 23 2010 01:29pm ., Aug. 23. 2010 1:56PM No. 2398 oP. 3 (FDLE), and local law enforcement records checks. Pursuant to the Florida Administrative Code Rule 65C-22.008 (4)(d)(1), this is a Class 2 violation. This same Class 2 violation was previously cited November 4, 2008 and July 17, 2009. Pursuant to the Childcare Facility Standard Classification Summary, CF-FSP Form 6316, #60-Background screening the fine for this third Class 2 violation is $60.00 per day. The total fine is being assessed at $60.00 per day based on the number of days that the staff member J.G. had not received Level 2 Background Scresning Clearance from previous citation on July 17, 2009 to last citation on December 10, 2009, for a total of (100) days totaling the fine at Six Thousand Dollars ($6,000.00). The owner terminated the staff member J.G. on December 10, 2009. Violation 2 5. During an inspection on March 25, 2010, a DCF Licensing Counsslor determinad that: The facility was observed to have a disqualified staff member J.G., working in the one year old classroom. Staff member J.G., was allowed to return to her position and continue work even after the facility received notification of the disqualification. 6. FAC Rule 65C-22.006 (4) (d) (1), states, Records shall be maintained and kept current on all child care personnel, as defined by Saction 402.302 (3), F.S., and household members if the facility is located in a private residence. These shall include: (d) Initial Screening. Screening information must be documented on CF-FSP Form 5134, March 2008 Background Screening and Personal File Requirements, which is incorporated by reference. Screening includes the following: (1) Level 2 screening as defined in Section 435.04, F.S., which includes at a minimum Federal Bureau if investigations (FBI), Florida Department if Law Enforcement (FDLE), and local law enforcement records checks. For the purpose of issuing a licanse, any out-of-state criminal offence, which is committed if Florida, would constitute a disqualifying felony offense, shall be treated as a disqualifying felony offense for screening purposes under this rule. Pursuant to the Florida Administrative Code Rule 65C-22.006 (4)(d)(1) this Is a Class 1 violation. Pursuant to the Childcare Facility Summary, CF-FSP Form 5316 # 80-Disqualified—No Action Taken, the fine for this Class 1 violation is not less than $100.00 nor more than $500.00. The fine being levied at Five Hundred Dotlars ($500,00), as the staff member J G., began employment January 31, 2008 was never given Level 2 Background Screening clearance and there was a disqualification letter in J.G.’s file. The facility stated December 10, 2009, that J.G., had been terminated from the facility, but then during an inspection on March 25, 2010 J.G. was still employed and working in the one year old classroom. Received: Aug 23 2010 01:29pm Aug. 23, 2010 1:56PM pe No. 2398 PL 4 Violation 3 8. During a renewal inspection on December 9, 2009, a DCF Licensing Counselor determined that: The facility did not have documentation of the 40 Hour Introductory Childcare Course completed for employee T.K., hired July 30, 2007. 9. FAC Rule 65 C-22.003 (2) (a) (1), states, childcare personnel hired on or after October 1, 1992, must successfully complete the Department of Children and Family Services 40 Hour Introductory Child Care Training, as evidenced by succassful completion of competency based examinations offered by the Department of Children and Family Services or its designated representative with a weighted score of 70 or better. Childcare personnel who successfully completed the mandatary 40 Hour Introductory Childcare Training prior to January 1, 2004, are not required to fulfill the competency examination requirement. All childcare personnel must complete training within 12 months from the date training begins and may not excead 15 months from the date of employment in the childcare industry. Pursuant to the Florida Administrative Code Rule 65C-22.003 (2)(a)(1), this is a Class 3 violation. This same Class 3 violation was previously cited November 4, 2008 and March 31, 2009. Pursuant to the Childcare Facility Standard Classification Summary, CF-FSP Form 5316 item # 41, Introduction Course Not Completed, the fine for this third Class 3 violation is in the amount of Twenty Five Dollars ($25.00). 10. 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. 11. 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. 12. Failure to pay the fine imposed in this Administrative Complaint will result in an automatic non-renewal of the licanse referenced above. ived: Aug 23 2010 01:29pm Rece Aug 23. 2010 1:56PM | No. 2398. 5 13. None of the above Administrative Actions will take affect until 21 calendar days after receipt of this Administrative Complaint. 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 Genera! Counsel P.O. Box 2417 1323 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 28-108.201(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; (a) 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; Received: Aug 23 2010 01:29pm o, Aug. 23. 2010 1:56PM : No. 2398 =P 6 (f) A statement of the specific mules 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 Cade, require that a patition 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. AND FAMILIES Safety Program Mahager Received: Aue 23 2010 01:30pm 4, Aug 23. 2010 1:56°V . No, 2398 P, 7 CERTIFICATION OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been fumished by U.S. Certified Mail, 7009 3410 0001 6528 2697 im Receipt Requested, in accordance with ss, 120.60(3), Florida Statutes (2005), this’3/9 day of May, 2010. STATE OF FLORIDA, Safety Program Manager

Docket for Case No: 10-008315