STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Tx Rediands Christian Migrant Association Inc d/b/a RCMA Smith Brown Child Development Center 14 School Avenue Arcadia, FL 34268 Certified Mall Retum Receipt No. 7013 2256 0002 2819 4512 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department is imposing a $1000.00 administrative fine. Tha 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 eanction Redlands Christian Migrant Asgociation Inc d/b/a RCMA Smith Brown Child Davetopment Center for violations of child care licensing standards in sections 402.301 — 402.310, Florida Statutes, and chapter 65C-22, Florida Adminigirative Code, 2. Redlands Christian Migrant Association ing is icansed under section 402, Florida Statutes, and chapter 65C-22, Flotida Administrative Code, to operate a child cara facility known RCMA Smith Brown Child Development Centar, located at 14 School Avenue Arcadia, Fl 34266, The facility ia currently operating on a regular, annual license, certificate #C12DE0009. 3. On September 29, 2014, a complaint inspection/investigation was conducted and the facility was found to be out of compliance with licensing standard #12, Child Discipline. On September 24, 2014, J.D., a 4 year ald mate child, threw playground debris on staff member AA. She grabbed him, yelled st him not to do that, and threw him dewn on the ground. The child got to his feat and ran away from AA. AA verbally resigned and walked off tha premises. She was terminated from employment at the child care facility. This violation is a Class 1 violation of child care licensing standards. This was the facility's first Class 4 violation of this standard within a two-year period. As such, further administrative action is required. 4. Thea foregoing facts violate Florida Administrative Code 65C-22.001(8)(b), which states “All child care personnel must comply with the facility's written disciplinary policy. Such polices shall include standarda that prohibit children from being subjected to discipline which is severe, humiliating, frightening, or associated with food, rest, or toileting. Spanking or any other form of physical punishment is prahibited for all child care parsonnal.” &. Tha violation described above ig a Class 4 violation of child care licensing standards. Itis the facility's first Class 1 violation of licensing standard $12, Chili Discipline, within a two-year period. The Departnent ia Imposing a $500.60 administrative fing. 6. On September 29, 2014, a complaint inspection was conducted and the facility was found to be out of compliance with licensing standard #63, Child Abuse or Neglect, In addition to the facts alleged In Paragraph 3, the child had marks on his neck from the incident. On September 29, 2014, A.A. was arrested for Child Abuse under Section 927.03, Florida Statutes. This violation is 9 Class 1 violation of child care licensing standards. This was the facility's first Class 1 violation of this standard this standard within a two-year period. As such, further administrative action ia required. % The foregoing facts violate Florida Administrative Code 65C- 22.001(11}(a), which states, “Acts or omissions that meat the definition of child abuse or neglect provided in Chapter 30, F.S., constitute a violation of the standards in Sactions 402.301-.319, F.S., and shall support imposition of a sanction, as provided In Section 402.310, 7.8." a. The violation described above is a Class 1 violation of child cars licensing standards. It is the facility's firet Class 1 violation of licensing standard #63, Child Abuse of Neglect, within a two-year period, The Department is imposing a $500.00 administrative fing. Jf you do not 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 Reguletion (Attention: Sherie Quevedo), Post Office Box 80085, Fort Myars, FL 33906-6085. if you wish to comtest the findings of this administrative complaint, 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 TOA HEARING. You may submit your request for an administrative hearing to the Department at the following addresses: Department cf Children and Families Legal Counsel (Attention: Eugenie Rehak) Pest Office Box 80085 Fort Myers, FL 33906-6085 Department of Children and Families Agency Clerk (Attention: Paul Sexton) Offica of General Counsel 1317 Winwood Bivd Building 2, Room 204 Tatiahassee, FL 32399 Please note a request for an administrative hearing must comply with section 120.588(2}{c)}, Fonda Statues, and Rules 28-108.201(2), Florida Administrative Coda. Thoas provisions reguire a patition for administrative hearing to include: {a) The neme and sddress of each agency affected and each agency’s file ar identification number, if known; (b) The name, address, and telephone number of the petitioner, the name, addregs, and telephone number of the patilioner's repreacntative, If any, which shall be the address for service purposes during the course of the proceeding; {c) An explanation of haw the petitioner's substantial interests will be affected by the agency datermination; id) ; statement of when and how the patitioner received notice of the agancy ecision; (2) A statement of all disputed Issues of material facts. If thara are none, the petition must so Indleate: @) Aconcise statement of the ultimate facts allaged, including the epecific facts the petitioner contends warrant reversal of modification of the agency's proposed action; ip) 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 ta the specific rules or statutes; and (ii) A statement of tha relief sought by the petitioner, stating precisely the action petitionar 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 ig 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 partles, and on such terms as agreed to by all parties. The right to an administrative proceeding is nat affected when mediation does not rasutt ina setiement J CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnisived by certified mail ratum recslpt to Alberta Roabuck, designated scrporats representative and cn-alte diractor of Redlands Christlen Migrant Association Inc d/b/a ae ee Brown Child Dave ent Centart4 School Avenue, Arcadia, FL 34268, this [- dayoF___ Per Mary Beth Wehnes, CPM Regional Safety Program Managar GG: Eugenie Reheak, DCF Legal Counsel Shera Quevedo, Child Care Regulation Supervisor

Docket for Case No: 14-005511