Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: LUTHERAN SERVICES FLORIDA, D/B/A LUTHERAN SERVICES OF FLORIDA, INC., RUFUS E. PAYNE ELEMENTARY HEAD START
Judges: E. GARY EARLY
Agency: Department of Children and Family Services
Locations: Jacksonville, Florida
Filed: Dec. 22, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, February 16, 2015.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
To: Lutheran Services Florida inc dib/a Certified Mail: 7012 3460 0002 3963 6523
Lutheran Services Florida inc Rufus E Payne Return Receipt Requested
Elementary Head Start
6725 Hema Rd
Jacksonville, FL 32209
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of
One Hundred Dollars ($100.00). 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 Lutheran Services Florida Inc d/b/a Lutheran Services Florida Inc Rufus E
Payne Elementary Head Start for violations of child care licensing standards in sections 402.301 —
402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code.
2. Lutheran Services Florida Inc is licensed under chapter 402, Florida Statutes, and
chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Lutheran
Services Florida inc Rufus E Payne Elementary Head Start License #C04DU1100 located at 6725
Hema Rd, Jacksonville, FL 32209. The facility license is currently a REGULAR License.
3. During a Complaint Investigation on August 25, 2014 DCF Licensing Counselor Tracey
Flanders, determined that:
A child was not adequately supervised and left the facility premises without the knowledge or
awareness of staff members. On August 19, 2014 a child K.S. left the facility on a bus to ride
home, however this child is not a bus rider and was on the bus for 50 minutes. Staff member S.M.
was unaware that the wrong child was on the bus until his mother arrived at the facility to pick
him up. Staff member S.M. states that they mixed up K.S. with another child that is a bus rider.
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4. The foregoing facts violate Florida Administrative Code 65C-22.001(5)(a) which states:
Direct supervision means actively watching and directing children’s activities within the same room or
designated 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 I violation of child care licensing standards. It is
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 One Hundred Dollars
($100.00).
{f 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
Chief Legal Counsel
Department of Children & Families
P. O. Box 2417
Jacksonville, FL. 32231-0083
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)
(d)
(e
~
1)
(g)
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;
Astatement of the specific rules or statutes the petitioner
contends require reversal or modification of the agency's
preposed action, including an explanation of how the alleged facts
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telate 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.
| HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail
return receipt no. 7012 3460 0002 3963 6523 to Lutheran Services Florida Inc d/b/a Lutheran
meaty) Florida Inc Rufus E Payne Elementary Head Start, 6725 Hema Rd, Jacksonville, FL 32209
this. Gh day of November 2014. J
i oe i bee .
[Sate Buckham
{Safety Prograrh M Manager
Docket for Case No: 14-006057
Issue Date |
Proceedings |
Feb. 16, 2015 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
Feb. 13, 2015 |
Notice of Voluntary Dismissal filed.
|
Jan. 05, 2015 |
Order of Pre-hearing Instructions.
|
Jan. 05, 2015 |
Notice of Hearing by Video Teleconference (hearing set for February 24, 2015; 9:30 a.m.; Jacksonville and Tallahassee, FL).
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Dec. 30, 2014 |
Joint Response to Initial Order filed.
|
Dec. 22, 2014 |
Initial Order.
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Dec. 22, 2014 |
Administrative Complaint filed.
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Dec. 22, 2014 |
Petition for Administrative Hearing filed.
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Dec. 22, 2014 |
Notice (of Agency referral) filed.
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