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.
|