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IN THE MATTER OF

A Civil Penalty Against

STATE OF FLORIDA

DEPARTMENT OF CHILDREN AND FAMILIES

Certified Mail 7009 3410 0001 6527 8850

Return Receipt Requested

The Chappell Schools, Inc. d/b/a Chappell @ Riverplace

1301 Riverplace Blvd.

Jacksonville, Florida 32207

AOMINISTRA TIVE COMPLAINT

YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of Seven Thousand Dollars ($7,000.00) against The Chappell Schools, Inc. d/b/a-Chappell @ Riverplace, and Suspend for one (1) week, the license under which said Respondent operates its Child Care Facility. 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, The Chappell Schools, Inc. , is licensed to operate Chappell @ Riverplace License # C04DU0565, located at 1301 Riverplace Blvd., 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-I

   
   

3. During a complaint investigation January 5, 2011, a DCF Licensing Counselor determined that:

   
   

   Instructions on a label (Benadryl medication) were not followed. The instructions specifically stated "children under 2 years old , do not use... children ages 2-5 do not use unless directed by a doctor". Staff member RN, dispensed this medication to child (H.B) who is under 2 years of age. The facility did not have written authority to administer this medication.

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4. FAC Rule 65C-22.004 (3) (a), states, the facility must have written authorization from

   Filed June 1, 2011 11:09 AM Division of Administrative Hearings

   the custodial parent or legal guardian to dispense prescription and non-prescription

   medications. This authorization must be dated and signed by the custodial parent or legal guardian and contain the child's name; the name of the medication to be dispensed; and date, time and amount of dosage to be given. This record shall be initialed or signed by the facility personnel who gave the medication. Prescription and non prescription medication brought to the child care facility by the custodial parent or legal guardian must be in the original container. Prescription medication must have a label stating the name of the physician, child's name, name of the medication and medication directions. All prescription and non prescription medication shall be dispensed according to written directions on the prescription label or printed manufacturer's label. In a event of an emergency, non prescription medication that is not brought in by the custodial parent or legal guardian can be dispensed only if the facility has written authorization from the custodial parent or legal guardian to do so. Any medication dispensed under these conditions must be documented in the child's file and the custodial parent or legal guardian must be notified on the day of occurrence. Pursuant to the Florida Administrative Code Rule 65C-22.004 (3) (a), this is a Class 1 violation. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item #49-Medications, the fine for this first Class 1 violation is not less than $100.00 nor more than $500.00. Due to the direct repeated disregard of written directions and potential for over medicating and/or adverse reaction to the child without consultation with the child's physician, the fine is being assessed in the amount of $500.00.

   
   

   Violation-II

   
   

5. During a complaint investigation January 5, 2011, a DCF Licensing Counselor determined that:

   
   

   Staff member R.N. was seen dispensing a medication (Benadryl) to child (H.B.) on at least two

   (2) occasions December 17, 2010 and December 20, 2010. The medication did not belong to child (H.B.) but was labeled as belonging to another child (C.H.)

   
   

6. FAC Rule 65C-22. 004 (3) (a), states, the facility must have written authorization from the custodial parent or legal guardian to dispense prescription and non-prescription medications. This authorization must be dated and signed by the custodial parent or legal guardian and contain the child's name; the name of the medication to be dispensed; and date, time and amount of dosage to be given. This record shall be initialed or signed by the facility personnel who gave the medication. Prescription and non prescription medication brought to the child care facility by the custodial parent or legal guardian must be in the original container.

   
   

   
   

   Prescription medication must have a label stating the name of the physician, child's name, name of the medication and medication directions. All prescription and non prescription medication shall be dispensed according to written directions on the prescription label or printed manufacturer's label. In a event of an emergency, non prescription medication that is not brought in by the custodial parent or legal guardian can be dispensed only if the facility has written authorization from the custodial parent or legal guardian to do so. Any medication dispensed under these conditions must be documented in the child's file and the custodial parent or legal guardian must be notified on the day of occurrence. Pursuant to the Florida Administrative Code Rule 65C-22.004 (3) (a), this is a Class 1 violation. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item #49-Medications,

   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 due to the potential of a medical emergency as a result of being give the wrong medication.

   
   

   Violation-Ill

   
   

7. During a complaint investigation January 5, 2011, a DCF Licensing Counselor

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   • 1 determined that:

   
   

   
   

   As mandated reporter, the owner, operator, employee or substituted failed to report suspected child abuse or neglect as required in section 39.201, F.S., in that, the Executive Director (A S.), the Director (J.W.) and two staff members (K.S. and AB.) did not report to the Florida Abuse Hotline Registry that unauthorized medication was given to a child for non medical purposes.

   The first incident of suspected Abuse/Neglect occurred on December 17, 2010 when two (2) staff members (K.S. and A B.) observed staff R N. giving child medication. The facility delayed reporting the incident until January 3, 2011.

   
   

8. FAC Rule 65C-22. 001 (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 Flori a Administrative Code Rule 65C-22.001 (11) this is a Class 1 violation. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item# 49-Medication, the fine for this first Class 1 violation is not less than

   $100.00 nor more than $500.00 per day. The fine is being assessed in the amount of$ 500.00, per day for a total of twelve (12) days as the facility's staff members failed to report the incident when it was first observed on December 17, 2010 and did not report it until January 3, 2011, totaling the amount of $6,000.00.

   
   

   
   

   1. 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;

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

   3. A statement of all disputed issues of material facts. If there are none, the petition must so indicate;

   4. 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;

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

   6. 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,

DEPARTMENT OF CHILDREN AND FAMILIES

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CERTIFICATION OF SERVICE

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

STATE DEPA

by U.S. Certified Mail, 7009 3410 000165278850 turn Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes (2005), this clay of March, 2011.

Docket for Case No: 11-002778