STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF Certified Mail 7011 0470 0002 3594 2335 A Civil Penalty Against Return Receipt Requested Audrey Williams d/b/a Kids Point of View Learning Center P.O. Box 28549 Jacksonville, Florida 32218-1483 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of Five Hundred Dollars ($ 500.00), against Audrey Williams d/b/a-Kids Point of View Learning Center. As grounds for the imposition of this penalty, the Department states the following: The Department is hereby serving 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, Audrey Williams, is licensed to operate Kids Point of View Learning Center -License # C04DU0231, located at 2851 Edgewood Avenue N. #12, Jacksonville, Florida 32254 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 March 17, 2011, a DCF Licensing Counselor, Meike Rice, determined that: ‘Direct supervision of children in the mixed age group was inadequate in that, an infant child sustained multiple scratches to his face and finger from another child while being transported in the facility's van. There was a mixed age group of eight (8) children including an infant and the Filed September 14, 2011 2:45 PM Division of Administrative Hearings Driver. This mixed age group ratio required two (2) staff members. The child that caused the injuries had a history of being aggressive. 4, FAC Rule 65C-22.001(5), states, 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. During nap time, supervision means sufficient staff in close proximity, within sight and hearing of all the children. Children who are up to 24 months of age, must be directly supervised at all times. Pursuant to Florida Administrative Code Rule 65C-22.001 (5) (a-b), this is a Class 2 violation but due to the injuries sustained of the child it was escalated to a Class 1. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item #5-Supervision, the fine for this Class 1 violation is not less than $100.00 nor more than $500.00. This fine is being escalated to a Class 1, therefore the amount of the fine is $500.00. 5. The acts and practices described in paragraph (s) 3 are violations of Section 65C- 22.001 (5) of the Florida Statutes which states 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 . Commission of four (4) or more Class 2 or five (5) or more 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 is imposing a fine of $ 500.00 and revoking the facility’s/home GOLD SEAL QUALITY CARE DESIGNATION. 6. The above referenced violation constitutes grounds to levy this Civil Penalty pursuant to ss.402.310(1)(a) and 402.3104), 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. 7. 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. 8. 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, DEPARTMENT OF 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, 7011 0470 0002 3594 2335 Return Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes (2005), this a day of August, 2011. STATE OF FLORIDA, DEPARTMENT OF CHILDREN & FAMILIES fone, Mbalaryp Pamela Buckham ; Safety Program Manager — : 1 COMPLETE THIS SECTION.ON DELIVERY L SENDER: COMPLETE THIS SECTION 4 Complete Items 1, 2, and 3, Also complete item 4 if Restricted Delivery Is desired, 1 Print your name and address on the reverse so that we can return the card to you. @ Attach this card to the back of the malilpigce, or on the front if space permits. Wheild 1. Article Addressed to: \ "fe e ey VE rh DNo ! AUG 18 200 3, Sih “it & FAMILIES eR GT Uae Rees Mai ( Registered 1 Return Recelpt for Merchandise | Audrey Williams d/b/a/ Kids Point of View Learning Center P.O. Box 28549 Jacksonville, Florida 32218-1483 D1 Insured Mail 0 G.0.D. 4. Restricted Delivery? (Extra Fee) ' 2. Article Number 701 (Transfer from service labef) i o4eg oooe 3544 2335 t i + PS Form 3811, February 2004 Domestic Return Recelpt . 102695-02-M-1640}

Docket for Case No: 11-004636