XS Ga % Ron DeSantis 3 @/c State of Florida Governor 0 2 Department of Children and Families % > Chad Poppell % = Secretary MYFLFAMILIES.COM Sharron Washington October 28, 2019 Regional Managing Director A Child's Delight Learning Center, Inc. 5461 SE Maricamp Road Ocala, FL 34480-7147 Mailing Address: 12490 NW 77" Street Ocala, FL 34482-8614 MARION COUNTY Certified Mail Return Receipt No.: 70/8 6680 0002 3133 F58) ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department is imposing a fine in the amount of Five-Hundred Dollars ($500.00). The Department's authority and grounds to impose these sanctions are explained below. 1. The Department of Children and Families is authorized by section 402.310, Florida Statutes, to sanction A Child’s Delight Learning Center, Inc., for a violation of child care licensing standards in section 402.301-402.319, Florida Statutes, and Chapter 65C-22, Florida Administrative Code (known since October 2017 as Child Care Facility “CCF” Handbook). 2. Teketa Evans 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 Delight Learning Center, Inc., located at 5461 SE Maricamp Road, Ocala, FL 34480-7417. The facility is currently operating on an Annual license, certificate number CO5MA0007. 3. The Respondent committed a violation of Section 2.4 1 B of the Child Care Facility Handbook, incorporated by reference at Rule 65C-22.001(6), Florida Administrative Code (2017), regarding Supervision. As shown on the licensing child care checklist for a complaint inspection of an incident that occurred on or about Circuit § 1100 SW 38" Avenue, Ocala, FL 34474 Mission: Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery September 12, 2019, staff failed to adequately supervise a group of children. Pursuant to 65C-22.001(5)(b) “direct supervision” “means actively watching and directing children’s activities within the same room or designated outdoor play area, during transportation, any activity outside of the facility, and responding to the needs of each child while in care. 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 times”. Failure to provide direct supervision is a violation of licensing standard number 04-02. Licensing standards are incorporated by reference in the Child Care Facility Standards Classification Summary at Rule 65C-22.010(1)(e)1, Florida Administrative Code (2019) 4. On or about September 12, 2019, staff at the facility did not adequately supervise a group of children resulting in one child sustaining serious injuries to her head and neck. For a period of more than 7 minutes no staff person provided direct supervision to a group of girls. During the teacher's absence the girls were attempting to perform gymnastic stunts (back hand springs, flips, etc.) resulting in one child landing on her head on to the hard floor and sustaining injuries. Staff at the facility knew the girls had a propensity to perform these stunts and had told the children several times not to do the stunts. Staff knew there was not proper equipment in place for the children to do such stunts and there was no trained person on site to ensure the stunts were safely performed. Respondent's violation constitutes a Class 1 violation as defined in Rule 65C-22.010(2}(d)1, Florida Administrative Code. For this violation, the Department imposes a fine in the amount of $500.00 (Five-Hundred Dollars). ° 5. On September 12, 2019, staff at the facility committed one or more acts of omissions that meet the definition of child abuse or neglect as provided in Chapter 39 or Chapter 827, Florida Statutes. The teacher walked out of the front door leaving a group of children unsupervised as set forth more fully above in paragraph 4. These acts did result in serious injury to a child. This constitutes a violation of Section 8.2 A of the Child Care Facility Handbook, incorporated by reference at Rule 65C-22.001(6), Florida Administrative Code (2017). This is a violation of licensing standard number 47-02. Licensing standards are incorporated by reference in Child Care Facility Standards Classification Summary at Rule 65C-22.010(1) (e)1, Florida Administrative Code (2019). This violation constitutes a Class 1 violation as defined in Rule 65C-22.010(2)(d)1._ No additional fine is imposed for this violation. TOTAL FINE AMOUNT DUE $500.00 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 Office by money order or check. The mailing address is: Department of Children and Families Attn: Child Care Regulation 1100 SW 38" Avenue Ocala, FL 34474 lf you wish to contest the findings of this administrative complaint, the sanctions imposed, you may do so as provided in the notification of rights.below. 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 Teketa Evans, Director of A Child’s Delight Learning Center, Inc., located at 5461 SE Maricamp Road, Ocala, FL 34480-7417, and by regular U.S. Mail to Stanley Plappert, Esq., The Florida Legal Advocacy Group, P.A., 1074 E. Silver Springs Boulevard, Ocala, FL 34470-6706, on this 997 day of COober. , 2019. MAILING ADDRESS: A Child’s Delight Learning Center c/o Teketa Evans, Director 12490 NW 77* Street Ocala, FL 34482-8614 Certified Mail Return Receipt No.: 701% 0680 0062 3/33 F58I Regional Program Manage) esignes 1100 SW 38" Avenue Ocala, FL 34474 Enc.: 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 NOTICE OF THE DEPARTMENT'S DECISION. You must submit your request for an administrative hearing to the Department at the following address: Joyce L. Miller, Esq. Assistant Regional Counsel Department of Children and Families 901 Industrial Drive, Suite 110 Wildwood, FL 34785 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. If you disagree with the facts stated in the Department’s decision, 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. \f you do not disagree with the facts stated in the notice, 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. Whether you are requesting a formal hearing or an informal hearing, your request for an administrative hearing must meet the requirements of Rule 28-106.201(2) or Rule 28- 106.301(2), Florida Administrative Code. In either event, your request for an administrative hearing must: 1. Include a copy of the decision received from the Department; 2. Be prepared legibly on 8% by 11-inch white paper, and 3. Include all the following items: (a) The Department's file or identification number, if known; (b) Your name, address, email address (if any) and telephone number and the name, address, email address (if any) and telephone number of your representative, if any; (c) An explanation of how your rights or interests will be affected by the action described in the notice of the Department's decision; (d) A statement of when and how you received notice of the Department's decision; (e)A statement of all facts in the notice of the Department's decision with which you disagree. If you do not disagree with any of the facts stated in the notice, you must say so; (f) A statement of the facts you believe justify a change in the Department's decision; (g)A statement of the specific rules or statutes you believe require reversal or modification of the Department's proposed action; {h) A statement explaining how the facts you have alleged above relate to the specific rules or statutes you have identified above; and (i) A statement of the relief you want, including precisely the action you want the Department to take. Section 120.569(2)(c), Florida Statutes, requires 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.

Docket for Case No: 19-006311