STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES DC To: Faith Christian Academy dib/a Certified Mail: 7012 3050 0002 0680 8875 Faith Christian Academy Return Receipt Requested 1150 Blanding Boulevard Orange Park, FL 32065 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of Four Thousand Six Hundred Twenty-Five Dollars ($4,625.00). The Department's authority and grounds to impose this sanction are explained below: 4. The Department of Children and Families is authorized by section 402.310, Florida Statutes, to sanction Faith Christian Academy d/b/a Faith Christian Academy for violations of child care licensing standards in sections 402,301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. Faith Christian Academy is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Faith Christian Academy License #C04CL0123 located at 1150 Blanding Boulevard, Orange Park, FL 32065. The facility license is currently a REGULAR License. Violation #1: 3. During a Complaint Investigation on January 31, 2014 DCF Licensing Counselor Josephine Walker, determined that: The facility did not have documentation to show enrollment in the introductory course in child care for one (1) staff member employed for at least ninety (90) days. 4. The foregoing facts violate Florida Administrative Code 65C-22.003(2)(a)(1) which states: Child care personnel must successfully complete the department's 40 hour Introductory Child Care Training, as evidenced by successful completion of competency based examinations offered by the department or its designated representative with a weighted score of 70 or better. Child care personnel who successfully completed the mandatory 40 hour Introductory Chitd Care Training prior to January 1, 2004 are not required to fulfill the competency examination requirement. All child care personnel must begin training within 90 days of employment in the child care industry and successfully complete training within 12 months from the date training begins. Training completion may not exceed 15 months from the date of employment in the child care industry in any licensed Florida child care facility. 5. The violation described above is a Class Ill violation of child care licensing standards. It is the facility's third (3%) Class Ill violation of Child Care Facility Standards Classifications Summary #41 Training Requirements within a two-year period. The same violation was previously cited at which time technical assistance was provided and an administrative warning letter was given. The fine imposed for this violation is Twenty-Five Dollars ($25.00). Violation #2 6. During a Complaint Investigation on January 31, 2014 DCF Licensing Counselor Josephine Walker, determined that: The personnel record did not include training transcript information for staff. 7. The foregoing facts violate Florida Administrative Code 65C-22.003(4)(a) which states: A copy of the Training Transcript must be included in each staff member's child care personnel record and maintained at each child care facility. 8. The violation described above is a Class Ill violation of child care licensing standards. It is the facility's third (3) Class Ill violation of Child Care Facility Standards Classifications Summary #59 Personne! Records within a two-year period. The same violation was previously cited at which time technical assistance was provided and an administrative warning letter was given. The fine imposed for this violation is Twenty-Five Dollars ($25.00). Violation #3 9. During a Complaint Investigation on January 31, 2014 DCF Licensing Counselor Josephine Walker, determined that: The personnel record for staff did not include a signed statement regarding any work in a center that had been subject to negative licensing action or the subject of disciplinary action while employed. 10. The foregoing facts violate Florida Statutes 402.3055(1)(b) which states: The child care facility employer shall require that the application for a child care personnel position contain a question that specifically asks the applicant if he or she has ever worked in a facility that has had a license denied, revoked, or suspended in any state or jurisdiction or has been the subject of a disciplinary action or been fined while employed in a child care facility. The applicant shall attest to the accuracy of the information requested under penalty of perjury. If the applicant admits that he or she has been a party in such action, the employer shall review the nature of the denial, suspension, revocation, disciplinary action, or fine before the applicant is hired. 11. The violation described above is a Class I violation of child care licensing standards. It is the facility's third (3) Class Ill violation of Child Care Facility Standards Classifications Summary #59 Personnel Records within a two-year period. The same violation was previously cited at which time technical assistance was provided and an administrative warning letter was given. The fine imposed for this violation is Twenty-Five Dollars ($25.00). Violation #4 12. During a Complaint Investigation on January 31, 2014 DCF Licensing Counselor Josephine Walker, determined that: Two unscreened individual (a parent and the owner's wife) were left alone to supervise children in care. The parent and the owner’s wife did not have a background screening clearance or a volunteer form on file. 13. The foregoing facts violate Florida Statutes 435.06(2)(a) which states: Effective August 41, 2010, Section 435.06 (2) (a), Florida Statutes (F.S.) is amended to read: “An employer may not hire, select, or otherwise allow an employee to have contact with any vulnerable person that would place the employee in a role that requires background screening until the screening process is completed and demonstrates the absence of any grounds for the denial of termination of employment. 14, The violation described above is a Class I violation of child care licensing standards. {tis the facility's first (1") Class | violation of Child Care Facility Standards Classifications Summary #5 Supervision within a two-year period. The fine imposed for this violation is Two Hundred Dollars ($200.00). Violation #5 15. | During a Complaint Investigation on January 31, 2014 DCF Licensing Counselor Josephine Walker, determined that: Verification of employment history for the past 2 years was not on file for one (1) staff member. 4 16. The foregoing facts violate Florida Administrative Code 65C-22.006(4)(2) which states: An employment history check must include the previous two years, which shall include the applicant's job title and a description of their regular duties, confirmation of employment dates, and level of job performance. Failed attempts to obtain the employment history must be documented in the personnel file, and include date, time, and the reason the information was not obtained. 17. The violation described above is a Class Il violation of child care licensing standards. It is the facility's third (3) Class Il violation of Child Care Facility Standards Classifications Summary #60 Background Screening Documents within a two-year period. The same violation was previously cited at which time technical assistance was provided and an administrative warning letter was given. The fine imposed for this violation is One Thousand Two Hundred Dollars ($1,200.00) at $60.00 per day for twenty (20) days from January 13, 2014 until February 10, 2014. Violation #6 fl } i i 1 \ } 18. During a Routine Inspection on April 9, 2014 DCF Licensing Counselor Josephine Walker determined that: The facility did not have documentation to show enrollment in the introductory course in child care for one (1) staff member employed for at least 90 days. 19. The foregoing facts violate Florida Administrative Code 65C-22.003(2)(a)(1) which states: Child care personnel must successfully complete the department’s 40 hour Introductory Child Care Training, as evidenced by successful completion of competency based examinations offered by the department or its designated representative with a weighted score of 70 or better. Child care personnel who successfully completed the mandatory 40 hour Introductory Child Care Training prior to January 1, 2004 are not required to fulfill the competency examination requirement. All child care personnel must begin training within 90 days of employment in the child care industry and successfully complete training 5 within 12 months from the date training begins. Training completion may not exceed 15 months from the date of employment in the child care industry in any licensed Florida child care facility. 20. =‘ The violation described above is a Class Hl violation of child care licensing standards. It is the facility's fourth (4"") Class II violation of Child Care Facility Standards Classifications Summary #41 Training Requirements within a two-year period. The same violation was previously cited on December 9, 2013 and February 13, 2014 at which time technical assistance was provided and an administrative warning letter was given. On January 31, 2014 they were cited again and fined $25.00. The fine imposed for this fourth (4") violation is Three Thousand One Hundred Fifty Dollars ($3,150.00) at $30.00 per day for 105 days from November 6, 2013 until April 8, 2014. 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. 32231 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 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 P. O. Box 2417 1323 Winewood Blvd., Bldg. 1, Suite 407 Jacksonville, FL. 32231-0083 Tallahassee, FL. 32301 Please note that 4 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) LU) (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 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. 7012 3050 0002 0680 8875 to Faith Christian Academy d/b/a Faith Christian Academy, 1150 Blanding Boulevard, Orange Park, FL 32065 this ay of April 2044. Safety Progra4m Manager | { \ {

Docket for Case No: 14-002634