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DEPARTMENT OF CHILDREN AND FAMILIES vs AGAPE INVESTMENT GROUP INC., D/B/A AGAPE CHILDCARE AND FAMILY SERVICES, 13-000154 (2013)

Court: Division of Administrative Hearings, Florida Number: 13-000154 Visitors: 39
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: AGAPE INVESTMENT GROUP INC., D/B/A AGAPE CHILDCARE AND FAMILY SERVICES
Judges: LAWRENCE P. STEVENSON
Agency: Department of Children and Family Services
Locations: Jacksonville, Florida
Filed: Jan. 14, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, April 8, 2013.

Latest Update: Jun. 01, 2024
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Agape Investment Group Inc. Certified Mail 7011 0470 00023594 9884 dibfa Agape Childcare and Family Services Return Receipt Requested 542588 US Highway 1 Callahan, FL 32011 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of One Hundred Fifty ($150.00) and REVOCATION of the Child Care License. The Department’s authority and grounds to impose this sanction are explained below: 1. The Department of Children and Families is authorized by section 402.310, Florida Statutes, to sanction Agape Investment Group Inc. d/b/a Agape Childcare and Family Services for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. Agape Investment Group Inc. is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Agape Childcare and Family Services, License #CO4NA0043 located at 542588 US Highway 1, Callahan FL 32011. The facility license is currently on PROBATIONARY STATUS. Violation 1 3. During a Routine Inspection conducted on October 30, 2012, DCF licensing counselor Tracey Flanders observed that: One teacher was caring for eleven (11) children between the ages of one (1) year to two (2) years old. A ratio of 1 staff for 6 children is required. 4. The foregoing facts violate Administrative Code 65C-22.001 (4) (b) (2) which states: In groups of mixed age ranges, where children one (1) year of age but under two (2) years of age 1 are included, one staff member shall be responsible for no more than six (6) children of any age group, at all times. 5. The violation described above is a Class II violation of child care licensing standards. It is the facility's fifth (5"") Class II violation of Child Care Facility Standards Classification Summary #4 Ratio, within a two-year period. The same violation was previously cited on April 20, 2012 and resulted in technical assistance, also on May 14, 2012 (Administrative Complaint for $50 ) August 9, 2012 (Administrative Complaint for $60 per day for 1 day ) and October 9, 2012 (Administrative Complaint for $75 per day for 1 day) and the license was placed on Probationary status. The fine imposed for this violation is One Hundred Dollars ($100.00) per day for (1 day) and REVOCATION of the Child Care License. Violation Il 6. During a Routine Inspection conducted on October 30, 2012, DCF licensing counselor Tracey Flanders observed that: There was evidence of rodent or vermin infestation. Counselor observed a roach in the microwave in the kitchen. 7. The foregoing facts violate Administrative Code 65C-22.002 (1) (a) (b) which states: All child care facilities must be clean, in good repair, free from health and safety hazards and vermin infestation. During the hours that the facility is in operation, no portion of the building shall be used for any activity which endangers the health and safety of children. 8. The violation described above is a Class III violation of child care licensing standards. It is the facility's seventh (7"") Class Il] violation of Child Care Facility Standards Classification Summary #14 Facility Environment, within a two-year period. The same violation was 2 previously, cited on April 5, 2012, April 20, 2012 and May 14, 2012 all resulting in Technical Assistance. The Child Care facility was cited again on May 24, 2012 for the forth violation resulting in an Administrative Complaint for Thirty Dollars ($30.00) per day for 1 day and again on August 9, 2012 with an Administrative Complaint of Forty Dollars ($40.00) per day for 1 day and placing the Child Care License on PROBATIONARY status and again on October 9, 2012 for the 6" violation resulting in an Administration Complaint of Fifty Dollars ($50.00) per day for 1 day and SUSPENSION of the Child Care license for three (3) business days. The fine imposed for this 7" violation is Fifty Dollars ($50.60) per day for one (1) day and REVOCATION of the Child Care license. If you do nof wish to contest the findings of this administrative complaint, payment of the fine amount may be made directly to the Florida Department of Children and Families, Child Care Regulation Office, 5920 Arlington Expressway, P.O. Box 2417, Jacksonville, FL 32231 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 IN WRITING AND MUST BE RECEIVED BY THE DEPARTMENT WITHIN 21 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 Post Office Box 2417 1323 Winewood Bivd., 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 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; (c) An explanation of how the petitioner’s substantial interests will be affected by the agency determination; (d) A statement of when and how the petitioner received notice of the agency decision; (e) Astatement of all disputed issues of material facts. If there are none, the petition must so indicate; (f) Avconcise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency's proposed action; (g) Astatement of the specific rules or statutes the petitioner contends require reversal or modification of the agency’s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (h) 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 a petition to be dismissed if it is not in substantial compliance with the requirements above. Mediation as described in section 120.573, Florida Statutes, may be available if agreed to by all parties, and on such terms as agreed to by all parties. The right to an administrative proceeding is not affected when mediation does not result in a settlement. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail return receipt no. 7011 0470 0002 3594 9884 to Agape Investment Grou . dibla Ag Childcare and Family Services, 542588 US Highway 1, Callahan FL 32011 this Safety Program Manager

Docket for Case No: 13-000154
Issue Date Proceedings
Apr. 08, 2013 Order Closing File. CASE CLOSED.
Apr. 08, 2013 Notice of Voluntary Dismissal filed.
Feb. 27, 2013 Order Canceling Hearing and Placing Case in Abeyance (parties to advise status by March 28, 2013).
Feb. 25, 2013 Motion for Stay of Proceedings Pending Settlement filed.
Feb. 22, 2013 Petitioner's Amended Notice of Filing Witness List and (Proposed) Exhibits filed.
Feb. 22, 2013 Petitioner's Notice of Filing Witness List and Proposed Exhibits A-L filed.
Feb. 21, 2013 Notice of Filing (Proposed) Exhibits filed.
Jan. 25, 2013 Order of Pre-hearing Instructions.
Jan. 25, 2013 Notice of Hearing by Video Teleconference (hearing set for February 28, 2013; 9:30 a.m.; Jacksonville and Tallahassee, FL).
Jan. 24, 2013 Joint Response to Initial Order filed.
Jan. 14, 2013 Initial Order.
Jan. 14, 2013 Administrative Complaint filed.
Jan. 14, 2013 Request for Administrative Hearing filed.
Jan. 14, 2013 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

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