Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: EAGLE'S NEST CHRISTIAN ACADEMY
Judges: JOHN D. C. NEWTON, II
Agency: Department of Children and Family Services
Locations: Fort Myers, Florida
Filed: Dec. 21, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 15, 2017.
Latest Update: Jan. 13, 2025
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
To: Eagle’s Nest Worship Center Assembly of God Inc
d/b/a Eagle’s Nest Christian Academy
6920 Immokalee Rd
Naples, FL 34119
COLLIER COUNTY
Certified Mail Retum Receipt
# 7015 0640 0001 0004 1745
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED the Department is imposing a fine of Five
Hundred Dollars ($500.00). 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 Eagle's Nest Worship Center Assembly of God
Inc d/b/a Eagle's Nest Christian Academy, for violations of child care licensing
standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida
Administrative Code.
2. Eagle's Nest Worship Center Assembly of God Inc is licensed under
section 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to
operate a child care facility known as Eagle's Nest Christian Academy, located at 6920
Immokalee Rd, Naples, FL 34119. The facility is currently operating on a regular,
annual license, certificate #C20C00021.
3. On June 28, 2016, a complaint inspection/investigation was conducted
and the facility was found to be out of compliance with licensing standards #05-14,
Supervision, and #63-01, Child Abuse or Neglect. ‘One or titore children were not
adequately supervised, which posed an imminent threat:to a child, or could or did result
in death or serious harm to the heaith, safety, or well-being of a child. The licensing
investigation, as well as an investigation by another agent of the Department showed
that a 2-year old child was left on the playground during a rain storm for approximately 1
hour. This is a Class 1 violation of child carelicensing.standards. As such, no
administrative warming is required prior to administrative action being taken.
4. The foregoing-facts violate Florida Administrative Code 65C-
22.001(5), which states in part, "(a) 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 tires.”
The foregoing facts violate Florida Administrative 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-.349. F.S., and shall support imposition of a sanction, as provided in Section
402.310, F.S.
6. This violation is a Class 1 violation of child care licensing standards. As
such, no administrative warning is required prior to administrative action being taken.
An administrative fine in the amount of $500.00 is being imposed due to the
severity of the violation.
If you.do not wish to contest the findings of this administrative complaint, payment of the
fine amount may be made directly to the Florida Department of Children and Families,
Child Care Regulation (Attention: Sherrie Quevedo, Post Office Box 60085, Fort Myers,
FL 33906-6085.
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”
Certificate of Service
| HEREBY CERTIFY ‘that a true and correct copy of the foregoing has been furnished
by certified mail return receipt to Kathryn Canfield, on-site-director and applicant for
licensure of Eagle's Nest Worship Genter Assembly of God Inc, 6920 Immokalee Rd,
Naples, FL 34119, and to Reverend Stanley Canfield, registered agent of Eagle’s Nest
Worship Center Assembly of God Inc, 6920 Immokalee Rd, Naples, FL 34119 on this
Zee day of. Oc by xr , 2016.
oe "Maty Beth Wehnes, CPM
Regional Safety Program Manager
CC: Stefanie Camfield, DCF Legal Counsel
Sherrie Quevedo, Family Services Counselor Supervisor
Tod Mathews, Family Services Counselor
Enclosure
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 TO CONTEST THE DECISION. YOUR
REQUEST FOR AN ADMINISTRATIVE HEARING MUST BE IN WRITING AND MUST
BE RECEIVED BY THE DEPARTMENT WITHIN 21 DAYS OF YOUR RECEIPT OF
THIS NOTICE. FAILURE TO REQUEST AN ADMINISTRATIVE HEARING WITHIN
THE 21 DAYS PROVIDED SHALL CONSTITUTE A WAIVER OF THE RIGHT TO A
HEARING.
You may submit your request for an administrative hearing. to the Department at the
following addresses:
Department of Children and Families
Legal Counsel (Attention: Stefanie Camfield)
PO Box 60085
Fort Myers, FL 33906-6085
Department of Children and Families
Agency Clerk (Attention: Paul Sexton)
Office of General Counsel
1317 Winewood Bivd
Building 2, Room 204
Tallahassee, FL 32399
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.
\f 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
attomey or qualified representative, if any.
(c) A statement requesting an administrative hearing.
(d) A statement of all facts in the administrativé 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.
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Docket for Case No: 16-007554
Issue Date |
Proceedings |
Feb. 15, 2017 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Feb. 14, 2017 |
Motion to Relinquish Jurisdiction filed.
|
Feb. 09, 2017 |
CASE STATUS: Pre-Hearing Conference Held. |
Jan. 03, 2017 |
Amended Notice of Hearing by Video Teleconference (hearing set for March 2, 2017; 9:00 a.m.; Fort Myers and Tallahassee, FL; amended as to Location).
|
Jan. 03, 2017 |
Notice of Telephonic Pre-hearing Conference (set for February 9, 2017; 2:00 p.m.).
|
Jan. 03, 2017 |
Order of Pre-hearing Instructions.
|
Jan. 03, 2017 |
Notice of Hearing by Video Teleconference (hearing set for March 2, 2017; 9:00 a.m.; Orlando and Tallahassee, FL).
|
Dec. 29, 2016 |
Joint Response to Initial Order filed.
|
Dec. 27, 2016 |
Initial Order.
|
Dec. 21, 2016 |
Administrative Complaint filed.
|
Dec. 21, 2016 |
Appeal Request filed.
|
Dec. 21, 2016 |
Notice (of Agency referral) filed.
|