STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Redlands Christian Migrant Association Inc d/bfa RCMA Smith Brown Child Development Center 14 School Avenue Arcadia, FL 34266 DESOTO COUNTY Certified Mail Retum Receipt No. 7015 0640 0001 0009 8924 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department hereby imposes a fine of Five Hundred Dollars ($500.00). 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 Redlands Christian Migrant Association Inc d/b/a RCMA Smith Brown Child Development Center for violations of child care licensing standards in sections 402.301 — 402,319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. Redlands Christian Migrant Association Inc is licensed under section 402, Florida Statutes,.and chapter 65C-22, Florida Administrative Code, to operate a child care facility known:RCMA Smith Brown Child Development Center, located at 14 School Avenue Arcadia, FL 34266. The facility is currently operating on a regular, annual license, certificate #C12DE0009. 3. On May 20, 2015, a complaint inspection/investigation was conducted and the facility was found to be out of compliance with licensing standard #63, Child Abuse or Neglect. Staff member M.Y. failed to report suspected child abuse after being Notified of such by the 2-year old child victim's great-grandimother. The staff member Stated the great-grandmother informed her of the suspected child abuse on 5/14/15, but she did not think anything. bad was happening, only that she needed to provide closer supervision. The facility director reported the incident on 5/18/15 after being informed of the incident that same day by a different staff member. Staff member M.Y. was placed on leave during the investigation of this incident by the facility. administration, and later terminated from employment on May 25, 2015. This violation is a Class 4 violation of child care licensing standards. This was the facility's first Class 1 violation of this standard within a two-year period. As such, further administrative action is required. 4, The acts and practices described in the paragraph above are violations of Florida Administrative Code 65C-22.001 (11)(b) that.states, “(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.” 5. The violation described above'is a Class 1 violation of child care licensing standards. It is the facility's first Class 1 vidlation of licensing standard #63, Child Abuse or Neglect, within a two-year period. The Department Is imposing a $500.00 administrative fine. If you do not wish to contest the findings of this administrative complaint, payment of the fine amount maybe made directly to the Florida Department of Children and Families, Child Care Regulation (Attention: Sherrie Quevedo), Post Office Box 60085, Fort Myers, FL 33906-6085. RIGHT TO ADMINISTRATIVE PROCEEDING IF YOU BELIEVE THE. PROPOSED ACTION. DESCRIBED IN THIS ADMINISTRATIVE COMPLAINT IS IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING IN ACCORDANCE WITH THE ENCLOSED “NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES” Certificate of Service | HEREBY CERTIFY that.a true and correct copy of the foregoing hasbeen «© furnished by certified mail, return receipt to Janet Feliciano, designated corporate representative and on-site director of Redlands Christian Migrant Association Inc d/b/a RCMA Smyith Brown Child Development Center14 School Avenue, Arcadia, FL 34266, this [9 day of AUAUst , 2015. Mary ud Wehnes, CPM Regional Safety Program Manager CC: Eugenie Rehak, DCF Legal Counsel! Sherrie Quevedo, Family Services Specialist Jeanette Witmer, Family Services Counselor Enclosure NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES IF YOU BELIEVE THE DEPARTMENT'S DECISION IS IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING UNDER SECTION 120.569 AND 120.57, FLORIDA STATUTES, TO CONTEST THE DECISION. YOUR REQUEST FOR AN ADMINISTRATIVE HEARING MUST BE RECEIVED BY THE DEPARTMENT BY 5:00 P.M., NO LATER THAN 21 CALENDAR DAYS AFTER YOU RECEIVED THE DEPARTMENT'S ADMINISTRATIVE COMPLAINT. You must submit your request for an administrative hearing to the Department at the following addresses: Department of Chikiren and Families Legal Counsel (Attention: Eugenie Rehak) Post Office Box 60085 Fort Myers, FL 33906-6085 Department of Children and Families Agency Clerk (Attention: Paul Sexton) Office of General Counsel 1317 Winewood Blvd Building 2, Room 204 Tallahassee, FL 32399 IF YOUR REQUEST FOR AN:ADMINISTRATIVE HEARING IS NOT RECEIVED BY THE DEPARTMENT BY THE ABOVE DEADLINE, YOU WILL HAVE WAIVED YOUR RIGHTS TO A HEARING AND THE DEPARTMENT'S PROPOSED ACTION WILL BE FINAL. ANY DENIAL, SUSPENSION, REVOCATION OR OTHER ACTION CONCERNING YOUR LICENSE OR REGISTRATION WILL BE EFFECTIVE ON THAT DATE OR ON ANY LATER EFFECTIVE DATE STATED IN THE ADMINISTRATIVE COMPLAINT AND ANY PENALTY OR FINE IMPOSED MUST BE PAID WITHIN 30 DAYS THEREAFTER OR ANY EARLIER TIME PROVIDED IN THE ADMINISTRATIVE COMPLAINT. If you disagree with the facts stated in the Department's administrative complaint, you may request a formal administrative hearing under section 120.57(1), Florida Statutes. Ata formal hearing, you may present evidence and arguments on all issues involved, and question the witnesses called by the Department. You have the right to be represented by counsel or other qualified representative. If you do not disagree with the facts stated in the Department's administrative complaint, you may request:an informal administrative hearing under section 120.57(2), Florida Statutes. At an informal hearing, you may present your argument or a written statement for consideration by the Department. You have the right to be represented by counsel or other qualified representative. Your request for an administrative hearing must meet the requirements of Rute 28- 106.2015(5), Florida Administrative Code, must be prepared legibly on 8 % by 11 inch white paper, and include all of the following items: (a) Your name, address, email address (if any) and telephone number. (b) The name, address, email address (if any).and telephone number of your attorney or qualified representative, if any. (c) A statement requesting an administrative hearing. (d) A statement of all facts in the administrative complaint with which you disagree. If you do not disagree with any of the facts stated in the administrative complaint, you must say so. (e) A statement of when and how you received the administrative complaint. (f) A statement identifying the file number of the administrative complaint, if shown on the administrative complaint. Section 120.569, Florida Statutes, and rule 28-106.204(4), Florida Administrative Code, require the Department to dismiss your request for hearing if it is not in substantial compliance with the requirements above, Mediation as described in section 120.573, Florida Statutes, is not available. However, other forms of mediation or informal dispute resolution may be available after a timely request for an administrative hearing has been received, 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 or informal dispute resolution does not result in a settlement.

Docket for Case No: 15-005642