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DEPARTMENT OF CHILDREN AND FAMILIES vs LATONYA OGLESBY AND NESHIA BROWN, D/B/A LIL' ANGELS CHILD CARE, LLC, 11-001739 (2011)

Court: Division of Administrative Hearings, Florida Number: 11-001739 Visitors: 24
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: LATONYA OGLESBY AND NESHIA BROWN, D/B/A LIL' ANGELS CHILD CARE, LLC
Judges: W. DAVID WATKINS
Agency: Department of Children and Family Services
Locations: Daytona Beach, Florida
Filed: Apr. 13, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, June 17, 2011.

Latest Update: Dec. 22, 2024
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF Certified Mail 7009 3410 0001 6528 2246 A Civil Penalty Against Return Receipt Requested L, Oglesby! N. Brown d/b/a Li’ Angals Childcare 1087 Mason Avenue Daytona Beach, Florida 32114 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of Two Thousand Nine Hundred Seventy Dollars ($ 2,970.00), against L. Oglesby/N. Brown d/b/a Lil’ Angels Childcare . As grounds for the imposition of this penally, the Department states the following: 4. 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, L. Oglesby/ N, Brown, is licensed to operate Li’ Angels Childcare- License # CO7VO0258, located at 1087 Mason Avenue, Daytona Beach, Florida, 32114 asa Child Care Facility In compliance with Chapter 402, Florida Statutes (F.S.), and Florida Administrative Code (F.A.C), Rule 650-22. Violation 3. During an inspection on Decamber 3, 2010, a DCF Licensing Counselor determined that: Staff member M.B., hired April 23, 2009, did not complete the 40 Hours Introductory Childeare Training Course within the required time frame, M.B, should have started training by July 23, 2009 and should have completed the training by July 23, 2010. M.B. did not start her training on time and did not complete the 40 Hours Training within 15 months from the date of employment. 4, FAC Rule 65C-22.003 (2) (a) (1), states, childcare personnel hired on or after October 4, 1992, must successfully complete the Department of Children and Family Services 40 Hour Introductory Child Care Training, as evidenced by successful completion of competency based examinations offered by the Department of Children and Family Services or Its designated fepresentative with a weighted score of 70 or better. Childcare personnel who successfully completed the mandatory 40 Hour Introductory Childcare Training prior to January 1, 2004, are not required fo fulfill the competency examination requirement. All childcare personnel must complete tralning within 12 months from the date training begins and may not exceed 15 months from the date of employment In the childcare industry. Pursuant to the Florida Administrative Code Rule 65C-22.003 (2) (a), this Is a Class 3 violation. This same Class 3 violation was previously cited on December 16, 2009, April 13, 20140, and July 13, 2010. Pursuant to the Child Care Facllity Standards Classification Summary, CF-FSP Form 5316, Item #41-Training requirements the fine for this fourth Class 3 violation is $30.00 per day for each violation. Staff member, M.B. should have started training by July 23, 2009, but did not start training until April 18, 2010. If the was started timely M.B. would have been required to complete the training by July 23, 2010. The training was not completed until December 15, 2010, The fine Is from July 23, 2010 the date training was to be completed until it was completed Decamber 15, 2010, in the amount of $30.00 per day for a total of (99) ninety-nine days for a total of $2,970,00 5. The above referenced violation constitutes grounds to levy this Civil Penalty pursuant to ss.402,310(1)(a) and 402.310(4), Florida Statules 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 cashter’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. Fallure to pay the fine Imposed in this Administrative Complaint will result in an automatic non-renewal of the Jicense referenced above. NOTICE OF RIGHTS NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES IF YOU BELIEVE THE DEPARTMENT’S DECISION JS 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 GALENDAR 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 & Farnilles Office of the General Counsel P.O, Box 2417 1323 Winewood Bivd., Bldg. 1, Sulte 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: i (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 telaphone number of the petltloner’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 rellef sought by the petitioner, stating precisely the action petitioner wishes the agency to fake 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 Gwe tA. Pp, Safety Program’ Manager CERTIFICATION OF SERVICE | HEREBY CERTIFY that a true and corract copy of the foregoing has been furnished by U.S. Certified Mall, 7009 3410 0001 6528 2246 Return Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes (2005), this Siliday of March, 2011.

Docket for Case No: 11-001739
Source:  Florida - Division of Administrative Hearings

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