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DEPARTMENT OF CHILDREN AND FAMILIES vs BRADFORD PRESCHOOL AND LEARNING CENTER, INC., D/B/A BRADFORD PRESCHOOL AND LEARNING CENTER, INC., 16-007156 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-007156 Visitors: 11
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: BRADFORD PRESCHOOL AND LEARNING CENTER, INC., D/B/A BRADFORD PRESCHOOL AND LEARNING CENTER, INC.
Judges: R. BRUCE MCKIBBEN
Agency: Department of Children and Family Services
Locations: Starke, Florida
Filed: Dec. 06, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, March 30, 2017.

Latest Update: Nov. 12, 2024
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Bradford Preschool & Learning Center Inc Hand Delivered d/b/a Bradford Preschool & Learning Center Inc Certification Of Service Form 407 W Washington St Starke, FL 32091 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 imposé this sanction are explained below: 1. The Department of Children and Families is authorized by section 402.310, Florida Statutes, to sanction Bradford Preschool'& Learning Center Inc d/b/a Bradford Preschool & Learning Center Inc for violations of child care licensing standards in sections 402.301 — 402.349, Florida Statutes, and chapter 65C- 22, Florida Administrative Code. 2. Bradford Preschool & Learning Center Inc.is licerised under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Bradford Preschool & Learning Center Inc License.# CO8BR0001 lécatéd at'407 W Washington St Starke, FL 32091..The facility license is currently a REGULAR License; Violation 3. During a Complaint Investigation on Juné 7, 2016 DCF Licensing Counselor, Ramona Phillips, determined that: A method of discipline was used:at the facility that was severe, humiliating. or frightening to children in that an employee handled a child in.a rough and inappropriate manner. It was Determined that the Director L.B. led and/or pulled a child by their shirt collar.and placed her hand over their mouth. 4. The foregoing facts violate Florida Administrative Code 65C-22.001(8)(b) which states: “All child care personnel must comply with the facility's written disciplinary policy. Such: policies shall. include 1 standards that prohibit children from being subjected to discipline which is severe, humiliating, frightening, or associated with food, rest, or toileting. Spanking or any other form of physica! punishment is prohibited for all child care personnel.” 5. The violation described above:is a Class I Violation of child care licensing standards. It is the facility's Fourth (4") Class I violation of Child Care Facility Standards within a two-year period. The First violation was cited.on June 27, 2014 at which time they were fined $200.00. The second class | violation was cited on January 5, 2015 at which time they were fined $200.00. On October: 15, 2015 the third Class | violation was cited, they were fined $500 and Status for a PROBATION of six months, This incident occurred during the probationary Period which ended on August 15, 2016. The program violated the terms. of the probation which stated, “The facility shall Incur no Class | violations during the probationary period.” The fine imposed for this Violation is Five Hundred Dollars ($500.00) and REVOCATION OF THE GHILD CARE LICENSE. If you do not wish to contest the findings of this administrative complaint, please submit; ash er’ 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 !S INERROR, YOU MAY REQUEST AN | ADMINISTRATIVE HEARING IN ACCORDANCE WITH THE ENCLOSED | “NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES” qe 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, Bldg. 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: 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 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 3 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 Statutas, 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 ina settlement: CERTIFICATE OF SERVICE. Preschool & Learning Center Inc, 407 2016. Wale Ramoular Safety Program Manager

Docket for Case No: 16-007156
Issue Date Proceedings
Apr. 06, 2017 Transmittal letter from Claudia Llado forwarding Petitioner's Exhibits lettered A-D to the agency.
Mar. 30, 2017 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Mar. 30, 2017 (Joint) Settlement Stipulation filed.
Feb. 08, 2017 CASE STATUS: Hearing Held.
Feb. 06, 2017 Notice of Serving Respondent's Response to Petitioner's Request for Admissions filed.
Feb. 02, 2017 Petitioner's Additional Witness List filed.
Feb. 01, 2017 Order Approving Notice of Intent to Offer Statements of Child Witness.
Feb. 01, 2017 Amended Joint Pre-hearing Stipulation filed.
Feb. 01, 2017 Notice of Intent to Offer Child Hearsay Statements and Motion to Admit Child Victim Hearsay Statements Pursuant to Section 90.803(23) Florida Statues; Stipulation of Parties filed.
Jan. 31, 2017 Respondent's Additional Witness List filed.
Jan. 27, 2017 Department's Response to Respondent's Request to Produce Records filed.
Jan. 26, 2017 Joint Pre-hearing Stipulation filed.
Jan. 25, 2017 Request for Admissions filed.
Jan. 11, 2017 Certification of Intent to Rely on Business Records filed. 
 Confidential document; not available for viewing.
Jan. 05, 2017 Respondent's Request to Produce to Petitioner filed.
Jan. 04, 2017 Notice of Appearance filed.
Dec. 14, 2016 Order of Pre-hearing Instructions.
Dec. 14, 2016 Notice of Hearing (hearing set for February 8, 2017; 9:30 a.m.; Starke, FL).
Dec. 13, 2016 Joint Response to Initial Order filed.
Dec. 07, 2016 Initial Order.
Dec. 06, 2016 Response to Administrative Complaint filed.
Dec. 06, 2016 Administrative Complaint filed.
Dec. 06, 2016 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

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