I •

( IN THE MATTER OF

A Civil Penalty Against

STATE OF FLORIDA

DEPARTMENT OF CHILDREN AND FAMILIES

Certified Mail 7005 1820 0008 0152 9530

Return Receipt Requested

All Saints Early Learning and Community Care Center, Inc. 4171 Hendricks Avenue

Jacksonville, Florida 32207

ADMINISTRATIVE COMPLAINT

YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of Six Hundred Dollars ($ 600.00), against All Saints Early Learning and Community Care Center, Inc.. As grounds for the imposition of this penalty, the Department states the following:

The Department is hereby service notice to Respondent that the Department (DCF) intends to REVOKE the Respondent's Gold Seal. The Respondent has committed a Class 1 violation within a two (2) year period, which requires the Department to Suspend, Deny, or Revoke the Respondent's Gold Seal.

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, All Saints Early Learning & Community Care Center, Inc., is licensed to operate All Saints Early Learning & Community Care Center-License# C04DU0069, located at 4171 Hendricks Avenue, Jacksonville, Florida 32207, 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 December 21, 2010, a DCF Licensing Counselor, Meike Rice determined that:

   
   

   Filed May 23, 2011 11:30 AM Division of Administrative Hearings

   Direct supervision was not adequate in that a 2 year old child was able to leave the premises of the facility without staff's awareness and found to be in the road. The child was returned back to the facility by passerby.

4. FAC Rule 65C-22.001 (5) (a) (d), direct supervision means watching and directing children's activities within the same room or designated outdoor play area and responding to the needs of each child. Childcare personnel at a facility must be assigned to provide direct supervision to a specific group of children and be present with that group at all times. Pursuant to the Florida Administrative Code Rule 65C-22.001 (5) (a), this is a Class 1 violation. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item #5- Supervision the fine for this first Class 1 violation is not less than $100.00 nor more than

   $500.00. Therefore, the fine is being assessed in the amount of $500.00, as staff members were unaware the child was missing.

   
   

   Violation II

   
   

5. During a complaint investigation on December 21, 2010, a DCF Lic_ ensing Counselor determined that:

   
   

   As a mandated reporter, the owner, operator, employee or substitute did not report to the appropriate agency immediately the time the incident occurred (11:00 a.m.). They did not informed the appropriate agency until approximately 4:30 p.m. that evening after informing

   \ Childcare Licensure Office.

   
   

6. FAC Rule 65C-22.001 (9) (11), states, as a mandated reporter, the owner, operator, employee or substitute failed to report suspected child abuse /neglect as required in section 39.201, Florida Statues. Pursuant to the Administrative Code Rule 65C-22.001 (9) (11), this is a Class 1 violation. Pursuant to the Child Care Facility Standards Classification Summary, CF­ FSP Form 5316, Item #63-Access/child abuse or neglect, 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

$100.00, even though they notified the licensing office, they did not notify parents until that evening.

1. The acts and practices described in paragraph 3&5 are violation(s) of Section FAC Rule 65C-22.001 (5), of the Florida Administrative Code.

   
   

   And, Section 402.281, Florida Statutes, which states, in order to maintain a designation as a Gold Seal Quality Care Provider, commission of a Class 1 violation shall be grounds for termination of the designation as a Gold Seal Quality Care Provider until the Provider has no Class 1 violations for a period of two (2) years or commission

   of three (3) or more Class 2 or Class 3 violations within a two (2) year period shall be grounds for termination of the designation as a Gold Seal Quality Care Provider until the Provider has had no Class 2 or Class 3 violations for a period of one (1) year. Therefore, the Department is terminating your Gold Seal designation. In this matter the Department is imposing a fine of$ 500.00 and revoking the facility's/home GOLD SEAL QUALITY CARE DESIGNATION.

   
   

   In this matter the Department ls imposing a fine of$ 500.00 and revoking the facility's/home GOLD SEAL QUALITY CARE DESIGNATION.

   
   

2. 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.

   
   

3. 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.

   (

   \

   
   

4. 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

Chief Legal Counsel

Department of Children & Families

Gregory D. Venz, Agency Clerk Department of Children & Families Office of the General Counsel

P.O. Box 2417

Jacksonville, FL. 32231-0083

1323 Winewood Blvd., Bldg. 1, Suite 407

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:

1. The name and address of each agency affected and each agency's file or identification number, if known;

2. 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;

3. A statement of when and how the petitioner received notice of the agency decision;

4. 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;

1. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agency's proposed action; and

2. 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,

DEPART T OF CHI//EN ANt;LIES

   (        6 v    

Pamela Buckham/

Safety Program Manager

(_

. CERTIFICATION OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished

Pame a Buckham

Safety Program Ma, a er

by U.S. Certified Mail, 70051820 0008 0152 9530 R.r;turn Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes (2005), this<2L? ay of April, 2011.

Docket for Case No: 11-002588