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DEPARTMENT OF CHILDREN AND FAMILIES vs HERITAGE PARK ACADEMY INC., D/B/A A CHILD'S ACADEMY, 16-005553 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-005553 Visitors: 6
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: HERITAGE PARK ACADEMY INC., D/B/A A CHILD'S ACADEMY
Judges: W. DAVID WATKINS
Agency: Department of Children and Family Services
Locations: Gainesville, Florida
Filed: Sep. 22, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, December 9, 2016.

Latest Update: Feb. 22, 2025
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Heritage Park Academy Inc. Certified Mail: 7014 2870 0000 3261 5460 d/b/a A'‘Child’s Academy . Return Receipt Requested 3401 NW 34" St Ste 1 . Gainesville, FL 32605 A ISTRATIVE 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 Heritage Park Academy Inc. d/b/a A Child’s Academy for violations of child care licensing , standards in sections 402.301 ~— 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2, Heritage Park: Academy Inc. is licensed under chapter 402, Florida Statutes, and chapter 65C- 22, Florida Administrative Code, to operate a child care facility known as. A Child’s Academy License #C08AL0543 located. at 3401 NW 34" St Ste 1 Gainesville, FL:32605. The facility license is currently a Regular License. 3. During a Complaint Inspection on September 23, 2015 Licensing Counselor Demetra. Jordan, determined that: Asa mandated reporter, the owner, operator, employee or other person responsible for the child's welfare failed to report suspected child abuse or neglect as required in section 39.201, Florida Statutes, The child care facility falled to report an incident after reviewing video footage of the incident and terminating a teacher, The incident was only reported upon the Family Service Counselor's (FSC’s) inspection of the facility when the Director V.S. and the Assistant Director M.H. revealed to the Family Service Counselor (FSC) that they terminated an employee, J.H. for inappropriately grabbing a child by the arm twice and dropping the child on the floor. 4. The foregoing facts violate Florida Administrative Code 65C-22.001(11)(b) which states; 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 | violation of child care licensing standards. It is the facility's first (1%) Class.I 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. 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: Joann M. Humburg Assistant Regional Counsel Department of Children & Families 1000 NE 16 Avenue, Bidg. J #3 Gainesville, FL. 32601 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. lf 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 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.. 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. 7014 2870 0000 3261 5460 to Heritage Park | Aca NA Inc. d/b/a A Child's Academy located at 3401 NW 34" St Ste 1 Gainesville, FL 32605 this a aay of August 2016. “Mala Ramone Safety Program Manager

Docket for Case No: 16-005553
Issue Date Proceedings
Dec. 09, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Dec. 09, 2016 Settlement Stipulation filed.
Dec. 08, 2016 Joint Pre-hearing Stipulation filed.
Dec. 08, 2016 Petitioner's Amended Motion In Limine to Exclude Video Excerpt and Bar Reference to Inadmissible Evidence filed.
Dec. 07, 2016 Order Granting Extension of Time.
Dec. 07, 2016 Respondent's Motion in Limine to Exclude Video Excerpt and Bar Reference to Inadmissible Evidence filed.
Dec. 06, 2016 Motion to Extend Time to File Joint Pre-hearing Stipulation filed.
Oct. 05, 2016 Order of Pre-hearing Instructions.
Oct. 05, 2016 Notice of Hearing (hearing set for December 14, 2016; 9:30 a.m.; Gainesville, FL).
Oct. 04, 2016 Joint Response to Initial Order filed.
Sep. 23, 2016 Initial Order.
Sep. 22, 2016 Administrative Complaint filed.
Sep. 22, 2016 Request for Administrative Hearing filed.
Sep. 22, 2016 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

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