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DEPARTMENT OF CHILDREN AND FAMILIES vs FIRST COAST YOUNG STARS LEARNING CENTER, D/B/A FIRST COAST YOUNG STARS LEARNING CENTER, INC., 15-002844 (2015)

Court: Division of Administrative Hearings, Florida Number: 15-002844 Visitors: 8
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: FIRST COAST YOUNG STARS LEARNING CENTER, D/B/A FIRST COAST YOUNG STARS LEARNING CENTER, INC.
Judges: SUZANNE VAN WYK
Agency: Department of Children and Family Services
Locations: Jacksonville, Florida
Filed: May 21, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, July 7, 2015.

Latest Update: Jan. 10, 2025
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: First Coast Young Stars Learning Center Certified Mail: 7013 0600 0000 7498 5163 d/b/a First Coast Young Stars Learning CenterInc Return Receipt Requested 3911 North Main Street Jacksonville, FL 32206 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of One Thousand Four Hundred Dollars ($1,400.00) and REVOCATION OF 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 First Coast Young Stars Learning Center d/b/a First Coast Young Stars Learning Center Inc for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. First Coast Young Stars Learning Center is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as First Coast Young Stars Learning Center Inc License #C04DU0784 located at 3911 North Main Street, Jacksonville, FL 32206. The facility license is currently a REGULAR License. Violation #1 3. During a Complaint Investigation conducted on February 12, 2015 DCF Licensing Counselor Jarvis Burphy, determined that: One or more children were not adequately supervised in that coffee was spilled on G.C. a three (3) year old child. The driver R.B., placed a cup of coffee on the top of the vehicle which spilled and burned the child on her face and stomach area. This Class 2 violation was escalated to a Class 1 violation due to the severity of the injury. 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 | violation of child care licensing standards. It is the facility's first (1%) Class I violation of Child Care Facility Standards Classifications Summary #5 Supervision within a two-year period. The fine imposed for this violation is Five Hundred Dollars ($500.00). Violation #2 6. During a Complaint Investigation conducted on February 12, 2015 DCF Licensing Counselor Jarvis Burphy, determined that: The facility’s use of seat belts was not age appropriate for children being transported who required safety restraints. R.B. did not use appropriate child restraints for the three (3) year old child G.C., transported on December 18, 2014. 7. The foregoing facts violate Florida Administrative Code 65C-22.001(6)(a)(2)(e) which states: When any vehicle is regularly used by a child care facility to provide transportation, the driver shail have the following: Each child, when transported, must be in an individual factory installed seat belt or federally approved child safety restraint, unless the vehicle is excluded from this requirement by Florida Statute. 8. The violation described above is a Class | violation of child care licensing standards. It is the facility's first (1°) Class | violation of Child Care Facility Standards Classifications Summary #8 Seat Belts/Child Restraints within a two-year period. The fine imposed for this violation is Two Hundred Dollars ($200.00). Violation #3 9. During a Complaint investigation conducted on February 12, 2015 DCF Licensing Counselor Jarvis Burphy, determined that: The personnel record for the driver R.B., indicated he had been found guilty of an offense noted in Section 435.04, Florida Statute, which disqualifies the person from employment. The owner was aware of the offense and failed to take appropriate action. RB was disqualified from being a care giver on November 29, 2011. The operator was informed of this via telephone by KD, former licensing counselor. 10. The foregoing facts violate Florida Statutes 435.06 (2) (a) which states: An employer may not hire, select, or otherwise allow an employee to have contact with any vulnerable person that would place the empioyee in a role that requires background screening until the screening process is completed and demonstrates the absence of any grounds for the denial or termination of employment. This means that persons defined as child care personnel cannot begin employment in a child care facility or home without having cleared all level 2 background screening requirements. 11. The violation described above is a Class | violation of child care licensing standards. It is the facility's first (1*) Class | violation of Child Care Facility Standards Classifications Summary #60 Background Screening Documents within a two-year period. The fine imposed for this violation is Five Hundred Dollars ($500.00). Violation #4 12. During a Complaint investigation conducted on February 12, 2015 DCF Licensing Counselor Jarvis Burphy, determined that: As a mandated reporter, the owner, operator, employee or substitute failed to report suspected child abuse or neglect as required in section 39.201, Florida Statutes. D.B., failed to report the incident that occurred on December 18, 2014 when the child was burned. 13. The foregoing facts violate Florida Administrative Code 65C-22.001(11)(a)(b) which states: a) Acts or omissions that meet the definition of child abuse or neglect provided in Chapter 39, F.S., constitute a violation of the standards in Sections 402.301-.319, F.S., and shall support imposition of a sanction, as provided in Section 402.310, F.S. (b) Failure to perform the duties of a mandatory reporter pursuant to Section 39.201, F.S., constitutes a violation of the standards in Sections 402.301- .319, F.S. 14, The violation described above is a Class | violation of child care licensing standards. It is the facility's first (1%) Class | violation of Child Care Facility Standards Classifications Summary #63 Access/Child Abuse or Neglect/Misrepresentation within a two-year period. The fine imposed for this violation is Two Hundred Dollars ($200.00). The facility acquired four (4) Class | violations during this investigation. As per the Progressive Disciplinary Sanctions the department may apply the factors in s. 402.310, F.S., fine not less than $100 nor more than $500 per day for each violation and/or any other disciplinary sanction. A total fine in the amount of One Thousand Four Hundred Dollars ($1,400.00) and REVOCATION OF CHILD CARE LICENSE is being levied. 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 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 Paul Sexton, Agency Clerk Chief Legal Counsel Office of the General Counsel Department of Children & Families Department of Children and Families P. O. Box 2417 1317 Winewood Bivd., Bldg 2, Room 204 Jacksonville, FL. 32231-0083 Tallahassee, Florida 32399-0700 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; (6) 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) A-statement of all disputed issues of material facts. If there are none, the petition must so indicate; (f) Aconcise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency's proposed action; (g) 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 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. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail return receipt no. 7013 0600 0000 7498 5163 to First Coast Young Stars Learning Center d/b/a First Coast Young Stars Learning Center Inc, 3911 North Main Street, Jacksonville, FL. 32206 this ale " day of April 2015.

Docket for Case No: 15-002844
Source:  Florida - Division of Administrative Hearings

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