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DEPARTMENT OF CHILDREN AND FAMILY SERVICES vs CLARCONA ACADEMY CHILD CARE, INC., 10-009429 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-009429 Visitors: 1
Petitioner: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Respondent: CLARCONA ACADEMY CHILD CARE, INC.
Judges: J. D. PARRISH
Agency: Department of Children and Family Services
Locations: Orlando, Florida
Filed: Oct. 01, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, December 9, 2010.

Latest Update: Jan. 03, 2025
(O- 44a9 STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Eo tt a t iE ae) IN THE MATTER OF A Civil Penalty Against 200 OCT -1 P 2 ou Clarcona Academy Child Care vyteinal ac SEP 9 4 an, 4300 Clarcona Ocoee Road AGN as EVE». C888 Orlando, Florida 32810 HEARINGS Seg ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of $300. 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 Statutes. 2. On May 3, 2004, the Department issued license #CO9OR0052 to the respondent to operate, at Clarcona Academy, located at 4300 Clarcona Ocoee Road, Orlando, Florida 32810, as a Child Care Facility in accordance with Chapter 402, Florida Statues, and Florida Administrative Code, Rule 65C-22. 3. Respondent committed violation of Rule 65C-22.001(5)(a)-(d), 65C-22.001(6)(f), 65C-22.002(4)(c)2. & 65C-22.007 (2), Florida Administrative Code with respect to supervision when on June 24, 2010 one or more children were not adequately supervised in that the director, staff and owner all denied that they were in the infant room in the early morning hours, which posed an imminent threat to a child or could or did result in death or serious harm to the health, safety or well-being of a child. “Everyone identified as being in the classroom denied that they were ever in the room. Inspection report for June 24, 2010 is attached as “Exhibit A”. For a violation of supervision the Department imposes an administrative fine of $150. This fine is imposed in accordance with Section 402.310(1)(a), Florida Statutes. 4. Respondent committed violation of Rule 402.319 & 65C-22.001(9),(11), Florida Administrative Code, with respect to reporting child abuse and neglect when on June 24, 2010 as a mandated reporter, the owner/operator failed to report suspected child abuse or neglect as required in section 39.201, Florida Statutes. Inspection report for June 24, 2010 is attached as “Exhibit A”. For a violation of reporting child abuse and neglect the Department imposes an administrative fine of $150. This fine is imposed in accordance with Section 402.310(1)(a), Florida Statutes. 5. The above referenced violations constitute grounds to levy this Civil Penalty pursuant to s. 402.310(1)(a), F. S., in that the above referenced conduct of Respondent constitutes a violation of the minimum standards, rules and regulations for the operation of a Child Care Facility. PAYMENT OF FINE, IF NOT CONTESTED Payment of this fine can be made directly by cashier’s check or money order to the Department of Children and Family Services. The mailing address is Department of Children and Families; Child Care Licensing Office; 1507 North John Young Parkway, Kissimmee, Florida 34741; Attention: Child Care Licensure. IF YOU BELIEVE THE DEPARTMENT'S DECISION IS INERROR, 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: T. Shane DeBoard, Esquire Department of Children and Families C/O District Legal Office, S-1129 400 West Robinson Street Orlando, Florida 32801-9425 Please note that a request for an administrative hearing must comply with section 120.569(2)(c), Florida Statutes (2004), 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. STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES Regional Safety Operations Manager Child Care Services CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true copy hereof was sent to Florence Barrington, Director of Clarcona Academy Child Care, 4300 Clarcona Ocoee Road, Orlando, Florida, 32810, by U.S. Certified Mail, Return Receipt Requested, Certificate # bo! and by U.S. Regular Mail, in accordance with s. 120.60(3), Florida Statutes (2000), this_ Qis'”_ day of Acquest_. 2010. Kissimmee, Florida 34741 (407) 846-5148

Docket for Case No: 10-009429
Source:  Florida - Division of Administrative Hearings

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