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DEPARTMENT OF CHILDREN AND FAMILIES vs OAKLEAF PRESCHOOL AND CHILDCARE INC., D/B/A THE GODDARD SCHOOL, 13-001635 (2013)

Court: Division of Administrative Hearings, Florida Number: 13-001635 Visitors: 52
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: OAKLEAF PRESCHOOL AND CHILDCARE INC., D/B/A THE GODDARD SCHOOL
Judges: LAWRENCE P. STEVENSON
Agency: Department of Children and Family Services
Locations: Orange Park, Florida
Filed: May 02, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 21, 2013.

Latest Update: Nov. 17, 2024
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Oakleaf Preschool & Childcare Inc d/b/a Certified Mail: 7012 0470 0000 18531335 The Goddard School Return Receipt Requested 415 Meldrum Lane Orange Park, FL 32065 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of Fifty Dollars ($50.00) The Depariment’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 Oakleaf Preschool & Childcare Inc d/b/a The Goddard School for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes and chapter 65C-22, Florida Administrative Code. 2. Oakleaf Preschool! & Childcare Inc is licensed under chapter 402, Ftorida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as The Goddard School License #CO4CL0096 located at 415 Meldrum Lane, Orange Park, FL 32065. The facility license is currently a REGULAR License. 3. During a Complaint Inspection on February 25, 2013, DCF Licensing Counselor Katarina Diaz, determined that: Direct supervision of children in the hallway was inadequate, in that the Director was supervising a mixed group of preschool age and schoo] age children from her office which hindered her ability to respond quickly enough to the needs of each child. 4. The foregoing facts violate Florida Administrative Code 65C-22.001 (5)(a) which states: Direct supervision means watching and directing children's activities within the same room or designated 1 aS outdoor play area, and responding to the needs of each child. Child care personnel at a facility must be assigned to provide direct supervision to a specific group of children, and be present with that group of children at all times. When caring for school-age children, child care personnel shall remain responsible for the supervision of the children in care, shall be capable of responding to emergencies, and are accountable for children at all times, including when children are separated from their groups. 5, The violation described above is a Class Il violation of child care licensing standards. It is the facility's second (2"} Class Il violation of the Child Care Facility Standards Classifications Summary #5 Supervision within a two-year period. The same violation was previously cited July 9, 2012 resulting in technical assistance. The fine imposed for this violation is Fifty Dollars ($50.00). If you do not wish to contest the findings of this administrative complaint, please submit a cashier’s check or money order made payable to the Florida Department of Children and Families, Child Care Regulation Office, 5920 Arlington Expressway, P.O. Box 2417, Jacksonville, FL 32234 if you wish to contest the findings of this administrative complaint and/or the sanctions imposed you may do so as provided in the notification of rights below. NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES IF YOU BELIEVE THE DEPARTMENT’S DECISION [S 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 P. O. Box 2417 1323 Winewood Bivd., Bldg. 1, Suite 407 Jacksonville, FL. 32231-0083 Tallahassee, FL 32301 2 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 (b) (c) {d) (e) () (g) (h) agency's file or identification number, if known; 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; An explanation of how the petitioner's substantial interests will be affected by the agency determination; A statement of when and how the petitioner received notice of the agency decision; A statement of all disputed issues of material facts. If there are none, the petition must so indicate; 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; A statement 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 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 ail 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. 7012 0470 0000 1853 1335 to Oakleaf Preschool & Childcare Inc d/b/a The Goddard Schooi, 415 Meldrum Lane, Orange Park, FL 32065 this day of April 2013, Safety Program Manager

Docket for Case No: 13-001635
Source:  Florida - Division of Administrative Hearings

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