Petitioner: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Respondent: ALADDAN CHRISTIAN LEARNING CENTER
Judges: LAWRENCE P. STEVENSON
Agency: Department of Children and Family Services
Locations: Jacksonville, Florida
Filed: Jan. 11, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, February 15, 2011.
Latest Update: Nov. 19, 2024
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
IN THE MATTER OF Certified Mail 7009 3410 0001 6528 3403
A Civil Penalty Against Return Receipt Requested
Aladdan Christian Learning Center, Inc.
3839 Division Street
Jacksonville, Florida 32209
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount
of Six Hundred Thirty Dollars ($630.00),against Aladdan Christian Learning Center, Inc. .
As grounds for the imposition of this penalty, the Department states the following:
1. 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, Aladdan Christian Learning Center, Inc. , is licensed to operate
Aladdan Christian Learning Center-License # CO04DU0661, located at 3839 Division Street,
{os Jacksonville, Florida, 32209,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-|
3. During a complaint investigation on April 21, 2010 a DCF Licensing Counselor
determined that:
Staff member D.M. was observed supervising a mixed age group two (2) one year olds; one (1)
two year old; and two (2) infants. Two (2) staff members were required for this group of
children.
4. FAC Rule 65C-22.004 (4) (a), states, that 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 in care. In groups of mixed age ranges where children under
one (1) year of age are included, one (1) staff member shall be responsible for no more than
four (4) children of any age group, at all times. Pursuant to the Florida Administrative Code
Rule 65C-22.001 (4) (a), this is a Class 2 violation, This same Class 2 violation was previously
cited on September 3, 2009. Pursuant to the Child Care Facility Standards Classification
i. = reraecel iad ive Hearings
°
Summary, CF-FSP Form 5316, Item #4-Ratio sufficient the fine for this second Class 2 violation
is $50.00.
Viotation-I!
4. During a complaint investigation on April 21, 2010 a DCF Licensing Counselor
determined that:
Licensing Counselor J.K. observed, staff member L.R. arrive in the facility's van. Ten (10)
children, approximately age three years old to school age were observed exiting the vehicle.
Upon immediate inspection of the van after it’s arrival, the 15 passenger van was observed with
five (5) operable seat belts.
5. FAC Rule 65C-22.001 (6) (e), states, each child , when transported, must be in an
individual factory installed seat belt or federally approved child safety restraints, unless the
vehicle is excluded from this requirement by Florida Statute. Pursuant to the Florida
Adininistrative Code Rule 65C-22.001 (6) (e), this is a Class 1 violation. Pursuant to the Child
Care Facility Standards Classification Summary, CF-FSP Form 5316, Item #8-Seat belts, child
restraints the fine for this first Class 1 violation is not less than $100.00 nor more than $500.00.
The fine is being assessed in the amount of $500.00, for each child not properly restrained.
Violation Ill
On April 23, 2010; A.F., Facility Director at Kyra’s Child Development Center, License #
C04DU0813, observed S.B. transporting a group of children enrolled at Aladdan Christian
Leaming Center to Kyra’s Child Development Center. S.B.’s personnel record did not include a
copy of the driver’s physician certification which grants medical approval to operate a vehicle.
6. FAC Rule 65C-22.001 (6) (a) (2) states, when any vehicle is regularly used by a
childcare facility to provide transportation, the driver shall have a current Florida Driver's
License, an annual physical examination which grants medical approval to drive, and a valid
certificate (s) of course completion for first aid training and children cardiopulmonary
resuscitation (CPR) procedures. Pursuant to the Florida Administrative Code Rule 65C-22.001
(6) (a), this is a Class 3 violation. This same Class 3 violation was previously January 15, 2009;
February 9, 2009 and April 8, 2009. Pursuant to the Child Care Facility Standards
Classification Summary, CF-FSP Form 5316, Item # 6-Driver’s license, physician certification,
the fine for this fourth Class 3 violation is $30.00 per day. The fine is being assessed in the
amount of $30.00, due to S.B, transported the children only on April 23, 2010.
Violation IV
On April 23, 2010, a review of staff member S.B.’s personnel record (no date of hire on
file), included only a Local Criminal Check. There was no documentation in the file that the
FDLE and FBI Criminal Checks had been submitted and /or clearance letter obtained.
7. FAG Rule 65C-22.006 (4), (1) & (2), Level 2 screening as defined in Section 435.04,
F.S., which includes at a minimum Federal Bureau of Investigations (FBI), Florida Department
of Law Enforcement (FDLE), and Local Law Enforcement Records Check. 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. Failed attempts to obtain the Employment History must be documented in the
personne! file and include date, time and the reason the information was not obtained.
Pursuant to the Florida Administrative Code Rule 65C-22.006 (4) (1) & (2), this is a Class 2
violation. This same Class 2 violation was previously cited on August 25, 2008. Pursuant to
the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item # 60-
Background screening, the fine for this second Class 2 violation is $50.00.
8. 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. .
9. 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.
10. 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 420, 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, 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,
mene ty CHILDREN AND FAMILIES
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 3403, Return Receipt Requested, in accordance
with ss. 120.60(3), Florida Statutes (2005), this i¢flday of September 2010.
STATE OF FLORIDA,
DEPAR’ NT OF CHILDREN & FAMILIES
GANL
Panjela Buckham
Safety Program Mariager
“
STATE OF FLORIDA :
DEPARTMENT OF CHILDREN AND FAMILIES
IN THE MATTER OF : Certified Mail 7009 3410 0001 6528 4745
A Civil Penalty Against ‘Return Receipt Requested
Aladdan Christian Learning Center
3839 Division Street
Jacksonville, Florida 32209
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount
of Fifty Dollars ($ 50.00), against Aladdan Christian Learning Center, Inc.. 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 over this matter by virtue of the provisions of Sections 402.301 — 402.319, Florida
Statutes.
2. The Respondent, Aladdan Christian Learning Center, Inc., is licensed to operate
Aladdan Christian Learning Center-License # CO4DU0661, located at 3839 Division Street ,
Jacksonville, Florida, 32209 as a Child Care Facility in compliance with Chapter 402, Florida
Statutes (F.S.), and Florida Administrative Code (F.A.C), Rule 65C-22.
Viotation
3. During an inspection on December 8, 2009, a DCF Licensing Counselor
determined that:
The rear gate to the outdoor play area was left open and children could exit the playground
area,
4. FAC Rule 65C-22.002 (4) (e), states, 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 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) (e), this is a Class 2 violation. This same Class 2
violation was previously cited on December 3, 2008. Pursuant to the Child Care Facility
Standards Classification Summary, CF-FSP Form 5316, Item #22-Fencing wall gate with gaps,
the fine for this second Class 2 violation is $50.00.
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 24
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, 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,
DEPARTMENY OF CHILDREN AND FAMILIES
Pamefa Buckha f
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, 7009 3410 0001 6528 aie) ae Receipt Requested, in accordance
with ss. 120.60(3), Florida Statutes (2005), this 4tMay of October, 2010.
STATE OF FLORIDA,
DEPARTMENT OF CHILDREN & FAMILIES
| BWW
Pamela‘Buckham
Safety Program Manager
Docket for Case No: 11-000169
Issue Date |
Proceedings |
Feb. 15, 2011 |
Order Closing File. CASE CLOSED.
|
Feb. 15, 2011 |
Notice of Settlement and Voluntary Dismissal filed.
|
Jan. 26, 2011 |
Order Concerning Hearing Exhibits, Witnesses, and Dispute Resolution.
|
Jan. 26, 2011 |
Notice of Hearing by Video Teleconference (hearing set for April 4, 2011; 10:00 a.m.; Jacksonville and Tallahassee, FL).
|
Jan. 12, 2011 |
Initial Order.
|
Jan. 12, 2011 |
Notice (of Agency referral) filed.
|
Jan. 11, 2011 |
Administrative Complaint filed.
|
Jan. 11, 2011 |
Request for Administrative Hearing filed.
|