Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: WAYMAN EARLY LEARNING ACADEMY WESTSIDE
Judges: YOLONDA Y. GREEN
Agency: Department of Children and Family Services
Locations: Jacksonville, Florida
Filed: Jul. 15, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, August 8, 2016.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
To: Wayman Community Development Corporation Certifled Mall: 7012 3050 0002 0677 4941
d/bla Wayman Early Learning Academy Westside Return Receipt Requested
1176 Labelle St
Jacksonville, FL 32205
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of Five
Hundred Dollars ($500.00) and REVOCATION OF THE CHILD CARE LICENSE. The Department's authority
and grounds to impose this sanction are expiained below:
1. The Department of Children and Families is authorized by section 402.310, Florida Statutes, to
sanction Wayman Community Development Corporation d/b/a Wayman Early Learning Academy
Westside for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and
chapter 65C-22, Florida Administrative Code.
Zz Wayman Community Development Corporation is licensed under chapter 402, Florida
Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Wayman
Early Learning Academy Westside License #CO04DU0466 located at 1176 Labelle St, Jacksonville, FL
32205. The facility license is currently a PROBATIONARY License.
Violation #1
3. During a Complaint Investigation on May 26, 2016 DCF Licensing Counselor, LaTonjia Jones,
determined that:
One or more children were not adequately supervised in that a child was allowed access to a large cup
of hot coffee which posed an imminent threat to a child or could or/did result in death or serious harm
to the health, safety or well-being of a child. A one (1) year old child 2.G. was not adequately
supervised by staff member L.R. which allowed the one (1) year old child Z.G. to have access to a large
cup of hot coffee that was brought into the classroom by staff member T.R. and placed on a small shelf
1
in classroom. The staff member L.R. was aware that there was hot coffee in the classroom and she was
not adequately supervising the child/children in care. Unknown to staff member L.R. the child Z.G. was
able to come in contact with the hot coffee causing her to sustain 2" degree burns to her neck area
and she will also need future treatments for the burn.
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 personne 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 Ciass | 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 facility was placed on Probation on March 31, 2016 and one of the
terms of Probation status was no Class | violations during the probationary period. Therefore, they have failed
to comply with the terms of probation which states: failure to comply with these conditions may result in
revocation of Respondent's license. The fine imposed for this violation is Five Hundred Dollars ($500.00)
and REVOCATION OF THE CHILD CARE LICENSE.
Violation #2
6. During a Complaint Investigation on May 26, 2016 DCF Licensing Counselor, LaTonjia Jones,
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 one (1) year old child Z.G. was able to gain access to a hot cup of coffee resulting in her receiving 2"
degree burns to her neck.
7. The foregoing facts violate Florida AdminI|strative Code 65C-22.001(11)(a) 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.
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 #63
Access/Child Abuse or Neglect/Misrepresentation within a two-year period. There is no fine imposed for
this violation as it is being addressed under licensing standard #5 above.
!f you do not wish to contest the findings of this administrative complaint, please submit 4 cashiers 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. 0, 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
hite 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 ail 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.
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.
CERTIFICATE 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 4941 to Wayman Community Development Corporation g/b/a
Wayman Early Learning Academy Westside, 1176 Labelle St, Jacksonville, FL 32205 this Zot day of
June 2016.
Mala Ramoutar
Safety Program Manager
Docket for Case No: 16-003954
Issue Date |
Proceedings |
Aug. 08, 2016 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Aug. 08, 2016 |
Notice of Settlement and Voluntary Dismissal filed.
|
Aug. 02, 2016 |
Notice of Transfer.
|
Jul. 19, 2016 |
Order of Pre-hearing Instructions.
|
Jul. 19, 2016 |
Notice of Hearing by Video Teleconference (hearing set for September 14, 2016; 9:30 a.m.; Jacksonville and Tallahassee, FL).
|
Jul. 19, 2016 |
Notice of Appearance (Terrance Harvey) filed.
|
Jul. 19, 2016 |
Joint Response to Initial Order filed.
|
Jul. 18, 2016 |
Initial Order.
|
Jul. 15, 2016 |
Administrative Complaint filed.
|
Jul. 15, 2016 |
Request for Administrative Hearing filed.
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Jul. 15, 2016 |
Notice (of Agency referral) filed.
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