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DEPARTMENT OF CHILDREN AND FAMILIES vs GINGERBREAD HOUSE LEARNING CENTER, INC., 15-005998 (2015)

Court: Division of Administrative Hearings, Florida Number: 15-005998 Visitors: 6
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: GINGERBREAD HOUSE LEARNING CENTER, INC.
Judges: SUZANNE VAN WYK
Agency: Department of Children and Family Services
Locations: Jacksonville, Florida
Filed: Oct. 22, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, December 22, 2015.

Latest Update: Dec. 22, 2024
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Gingerbread House Learning Center Certified Mail: 7012 3050 0002 0677 3302 d/b/a Gingerbread House Learning Center Inc. Return Receipt Requested 6005 Chester Avenue Jacksonville, FL 32217 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 Gingerbread House Learning Center d/b/a Gingerbread House 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. Gingerbread House Learning Center is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Gingerbread House Learning Center Inc. License #C04DU0720 located at 6005 Chester Avenue, Jacksonville, FL 32217. The facility license is currently a REGULAR License. 3. During a Complaint Investigation on May 15, 2015 DCF Licensing Counselor, Jackie King, determined that: The owner, operator, employee or substitute, while caring for children, committed an act or omission that meets the definition of child abuse or neglect provided in Chapter 39, Florida Statutes. A Complaint report was received May 15, 2015, which stated on May 14, 2015 a child M.B., received bruises/marks on the arm. It was determined during the complaint investigation that a staff member J.C., did not comply with the facility’s discipline practice of using any type of physical force on a child. 4. The foregoing facts violate Florida Administrative Code 65C-22.001(11) which states: 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. 5. 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 One Hundred Dollars ($100.00). 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. 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” 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 SECTIONS 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 address: David Tucker Chief Legal Counsel Department of Children & Families P.O. Box 2417 Jacksonville, FL. 32231-0083 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. At a 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 Rule 28- 106.2015(5), Florida Administrative Code, must be prepared legibly on 8% by 11 inch 3 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 28-106.201(4), Florida Administrative Code, require the Department to dismiss your request for hearing if it is not in substantial compliance with the requirements above. Wédiation as described in Séction 120.573, Florida Statutes, is not availabie. 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 ina settlement. ERTIEICATE 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 0677 3302 to Gingerbread House Learning Center d/b/a + Gingerbread House Learning Center Inc., 6005 Chester Avenue, Jacksonville, FL 32217 this / 4 day of October 2015. Stfety Program Ma pager

Docket for Case No: 15-005998
Issue Date Proceedings
Dec. 22, 2015 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Dec. 21, 2015 Notice of Voluntary Dismissal filed.
Nov. 16, 2015 Order Granting Continuance (parties to advise status by December 7, 2015).
Nov. 06, 2015 Joint Motion to Reschedule the November 23, 2015 8:30 a.m. Hearing by Video Teleconference filed.
Nov. 06, 2015 Order of Pre-hearing Instructions.
Nov. 06, 2015 Notice of Hearing by Video Teleconference (hearing set for November 23, 2015; 8:30 a.m.; Jacksonville and Tallahassee, FL).
Nov. 05, 2015 Notice of Appearance (Philip Lipten) filed.
Nov. 03, 2015 Joint Response to Initial Order filed.
Oct. 22, 2015 Initial Order.
Oct. 22, 2015 Administrative Complaint filed.
Oct. 22, 2015 Request for Administrative Hearing filed.
Oct. 22, 2015 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

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