[Db00 STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES FILER IN THE MATTER OF & E los toa | Certified Mail 7009 3440 0001 6528 5919 A Civil Penalty Against Return Receipt Request Michelle Fabula-Gray d/b/a Blessings Preschool 436 Perdita Street eer yg: Edgewater, Florida 32132 ADMINISTRATIVE COMPLAINT — YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of Three Hundred Dollars ($ 300.00), against Micheile Fabula-Gray dibia-Blessings Preschool. As grounds for the imposition of this penalty, the Department states the following: 1. The 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, Michelle Fabula-Gray, is licensed to operate Blessings Preschool Family Day Care-License # F07V00276, located at 436 Perdita Street, Edgewater, Florida 32132, as a Family Day Care Home in compliance with Chapter 402, Florida Statutes (F.S.), and Florida Administrative Code (F.A.C), Rule 65C-20. Violation 3. During a complaint investigation on June 25, 2010, a DCF Licensing Counselor determined that: A method of discipline practiced in the home was sever, humiliating and/or frightening in that the Daycare Provider disciplined her biological child during daycare hours by hitting him with a ruler leaving red marks and bruises. 4. FAC Rule 65C20.010 (6), states, minimum standards for child discipline practices shall ensure that age-appropriate, constructive disciplinary practices are used for children in care. Such standards shail include at least the following requirements: 4. Children shall not be subjected to discipline which is severe, humiliating, or frightening. 2. Discipline shall not be associated with food, rest, or toileting. 3. Spanking or any other form of physica! punishment is prohibited i i i Pursuant to the Florida Administrative Code Rule 65C-20.010 (6), this is a Class 1 violation. Pursuant to the Family Daycare Home Standards Classification Summary, CF-FSP Form 5318, Item # 36-Child discipline, the fine for this first Class 1 violation is not less than $100.00 nor more than $500.00. Due to the severity of the offense, and the bruises the child sustained, the fine is being assessed at $300.00. 5. 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. 6. 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. 7. 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 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 28-106.201(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, inciuding 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. Pamela Buckham Safety Program Manage 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 5919, foun Receipt Requested, in accordance with ss. 126.60(3), Florida Statutes (2005), this y of September 2010. STATE OF FLORIDA, DEPARTMENT OF CHILDREN & FAMILIES a jf ° l frre Pamela Buckham Safety Program Manager i i | i | i | i

Docket for Case No: 10-010000