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DEPARTMENT OF CHILDREN AND FAMILIES vs EAGLE'S NEST CHRISTIAN ACADEMY, 16-007554 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-007554 Visitors: 4
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. m: Complete items'1; 2, and 3. @ Print your name and address on the reverse 80 that we can-retum the card to you. 1 Attach this card to the back.of the malipiace, or on the front if space. permits, Jo Adutt Signature O Adult Stonatire Restricted Delivery DCartified Male OsGartified Mall Restricted Delivery AG. Coltect on Oe ‘AEN iui 9590 9403 009% SUb6 1572 ah 2, Article Number (anster fam service taba "YET Caltect on B 7015 O640 ooo1 0004 L715 stricted Dellvery PS Form:381 1, Aprit 2015 PSN 7530-02-000-8053 "D. ts dalivary SdGieas Gfferond Wan Rem 1? Ll You .. EYES, enter delivery access below: [No © Priority Mail Expn Ch. Registered Mal™ a Bepeteres Mail Restricted a Ratu 6 Receipt for Memhandie ‘on Delivery Restricted Delivery [Signature Confirmation™ 6 Signature Confirmation Resticted Dalivery Domestic Return Receipt

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.
Source:  Florida - Division of Administrative Hearings

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