STATE OF FLORIDA Lod deli Jeted. DEPARTMENT OF CHILDREN AND FAMILIES To: WAYMAN COMMUNITY DEVELOPMENT CORPORATION BY HAND DELIVERY Hl be } 4 d/b/a Highlands Elementary After School Learning Program 1176 Labelle St Jacksonville, FL 32205 Case# 2019-C04DU1277-7 ’ ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of One Thousand Four Hundred Forty Dollars ($1,440.00) and REVOCATION OF CHILD CARE LICENSE. The Department's authority and grounds to Impose this sanction are explained below: 1s The Department of Children and Families is authorized by section 402.310, Florida Statutes, to sanction WAYMAN COMMUNITY DEVELOPMENT CORPORATION d/b/a Highlands Elementary After School Learning Program for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. WAYMAN COMMUNITY DEVELOPMENT CORPORATION is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Highlands Elementary After School Learning Program License #C04DU1277 located at 1000 Depaul Dr, Jacksonville, FL 32218. The facility's license is currently a PROBATIONARY License. Violation #1 3. During a Re-Inspection on November 4, 2019 DCF Licensing Counselor, Brittany Thomas, determined that: The facility did not have documentation of one (1) staff member completion of the required training on the training transcript in that no transcript was on file. Counselor observed one (1) staff member A.W. personne! record that stated previous child care industry experience on the § year employment history, however there was no transcript on file for counselor to observe whether or not the staff member had proper training requirements completed. The provider was cited for standard 33-02 on 1 October 23, 2019 during a routine Inspection. The provider was given a corrective action due of October 30, 2019. The provider did not submit the corrective action by the due date. The corrective action should have been submitted to the Counselor on or before October 30, 2019 but was not submitted until November 4, 2019. Therefore, they did not come into compliance with this standard until November 4, 2019. 4, The foregoing facts violate CCF Handbook, Section 4.5 A-B which states: The department's training transcript is the only acceptable verification of successful completion of the department's training. A. Acopy of the department's Training Transcript may be obtained from the department's website at www.myfifamilies.com/chiidcare. B. A copy of the training transcript must be included in each staff member's personnel record maintained at the child care facility. Any course completion certificate not documented on the training transcript will be considered invalid, requiring that the course(s) be retaken. Until the coursework is retaken and completed, child care facilities will be out of compliance for the mandatory training standard. 5. The violation described above is a Class Ill violation of child care licensing standards. It is the facility's fifth (5') Class Ill violation of Child Care Facility Standards Classifications Summary #33-02 Training Requirements within a two-year period. The same violation was previously cited on January 17, 2018, February 12, 2018 and again on February 22, 2018 at which time they were fined $25.00 and they were cited again on October 23,2019 at which time they were fined $630.00 at $30.00 per day for 21 days from September 24, 2019 until October 23, 2019 (excluding holiday, weekends and closed days) and Revocation of Chiki Care License. The fine imposed for this violation is Three Hundred Twenty Dollars ($320.00) at $40.00 per day for 8 days from October 24, 2019 until November 4, 2019. (excluding holiday, weekends and closed days) and REVOCATION OF CHILD CARE LICENSE. (Provider is currently on Probation of which one of the terms was not to incur any training violations (d) during the probationary period). Provider has failed to comply with the terms of the Probation therefore their license is being Revoked. Violation #2 6. During a Re-Inspection on November 4, 2019 DCF Licensing Counselor, Brittany Thomas, determined that: Documentation of Level 2 Clearinghouse screening clearance was missing for staff. Counselor observed one staff member A.W. with employment date September 24, 2019 that had a background screening clearance eligibility letter dated September 24, 2018. The staff member A.W. had a 90-day break in service according to the employment history. Therefore A.W. should have compieted a resubmission for background screening to receive a current clearance letter. Counselor also observed another staff member M.B. with employment date of September 27, 2019 according to the employment application start date. The background screening clearance letter for M.B. was not cleared until October 14, 2019. The provider was cited for standard 45-02 on October 23, 2019 during a routine inspection. The provider was given a corrective action due of October 30, 2019. The provider did not + submit the corrective action by the due date. The corrective action should have been submitted to the Counselor on or before October 30, 2019 but was not submitted until November 4, 2019. Therefore, they did not come into compliance with this standard until November 4, 2019. Te The foregoing facts violate CCF Handbook, Section 7.4.1 C which states: Background screening documentation must be maintained for all child care personne! as defined by Section 402.302(3), : F.S., which includes household members if the facility is located in or adjacent to the home of the operator. C. A copy of the eligible results, for the Level 2 screening, generated from the Clearinghouse must be on record for each personnel. 8. The violation described above is a Class Il violation of child care licensing standards. It is the facility's seventh (7%) Class II violation of Child Care Facility Standards Classifications Summary #45-02 Background Screening Documents within a two-year period. The same violation was previously cited on January 17, 2018 and again on February 12, 2018 at which time they were fined $50.00. They were cited again on May 1, 2018 at which time they were fined $60.00 per day for one day. They were also cited again on April 25, 2019 at which time they were fined $11,475.00 at $75.00 per day for 153 days from August 15, 2018 until April 25, 2019 and Probation and they were cited again on September 18, 2019 at which time they were fined One Thousand Seven Hundred Dollars ($1,700.00) at $100.00 per day for 17 days from August 19, 2019 until September 16, 2019. (excluding holiday, weekends and closed days) and REVOCATION OF CHILD CARE LICENSE. They were cited again on October 23, 2019 at which time they were fined $2,100.00 at $100.00 per day for 21 days from September 24, 2019 until October 23, 2019. (excluding holiday, weekends and closed days). The fine imposed for this violation is Eight Hundred Dollars ($800.00) at $100.00 per day for 8 days from October 23, 2019 until November 4, 2019 and REVOCATION OF CHILD CARE LICENSE. (excluding holiday, weekends and closed days). (Provider Is currently on Probation for Background Screening of which one of the terms was not to Incur any background screening violations (c) and no class Il violations (b) during the probationary period). The Provider has failed to comply with the terms of the Probation from an Administrative Complaint dated May 10, 2019 and they have also received an Administrative Complaint dated September 25, 2019 and October 23, 2019 for Revocation of Child Care License for the same Standard. This seventh (7") violation of Standard 45-02 Background Screening Documents also requires Revocation action by the Department. Violation #3 9. During a Re-Inspection on November 4, 2019 DCF Licensing Counselor, Brittany Thomas, determined that: The Child Care Attestation of Good Moral Character was not completed at the time of Initial screening or upon change In employers. Counselor observed two (2) staff members A.W. and M.B. Attestation of Good Moral Character during Inspection. One (1) staff member M.B. did not have a date that the form was signed and the other staff member A.W. with employment date of September 24, 2019 did not sign the form until October 8, 2019. The provider was given a corrective action due of October 30, 2019. The provider did not submit the corrective action by the due date. The corrective action should have been submitted to the Counselor on or before October 30, 2019 but was not submitted until November 4, 2019. Therefore, they did not come into compliance with this standard until] November 4, 2019. 10. The foregoing facts violate CCF Handbook, Section 7.4.1 B which states: Background screening documentation must be maintained for ail child care personnel as defined by Section 402.302(3), F.S., which includes household members if the facility is located in or adjacent to the home of the operator. CF Form 1649A, Child Care Attestation of Good Moral Character, which is incorporated by reference in 65C- 22.001(7)(a), F.A.C., must be completed for all child care personnel at the time of initial screening or upon change In employers. CF Form 1649A may be obtained from the department’s website at www. myflfamilies.com/childcare. 11. The violation described above is a Class Ill violation of child care licensing standards. It is the facility's fifth (5) Class Ill violation of Child Care Facility Standards Classifications Summary #45-06 Background Screening Documents within a two-year period. The same violation was previously cited on January 17, 2018 and again on April 25, 2019. They were cited again on September 18, 2019 at which time they were fined $25.00 they were cited again on October 23, 2019 at which time they were fined $630.00 at $30.00 per day for 21 days from September 24, 2019 until October 23, 2019. (Provider is currently on Probation for Background Screening of which one of the terms was not to incur any background screening violations (c) during the probationary period). Provider has failed to comply with the terms of the Probation. The fine imposed for this violation is Three Hundred Twenty Dollars ($320.00) at $40.00 per day for 8 days from October 24, 2019 until November 4, 2019 and REVOCATION OF CHILD CARE LICENSE. (Provider is currently on Probation for Background Screening of which one of the terms was not to incur any background screening violations (c) during the probationary period). Provider has falled to comply with the terms of the Probation therefore their license is being revoked. . If you do not wish to contest the findings of this administrative complaint, please submit a cashier's chack or money order made payable to the Florida Department of Children and Families, Child Care Regulation Office, P.O. Box 2417, Jacksonville, FL 32231. RIGHT TO ADMINISTRATIVE PROCEEDING IF YOU BELIEVE THE PROPOSED ACTION DESCRIBED INTHIS _ ADMINISTRATIVE COMPLAINT IS IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING IN ACCORDANCE WITH THE ENCLOSED “NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES" TIFICA li ER CH. FLOR! ATUT! 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 addresses: David Tucker Chief Legal Counsel Department of Children & Famllies P.O. Box 2417 Jacksonville, FL. 32231-0083 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. (f 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. If 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 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 of 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 7 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. CERTIF F. E WAYMAN COMMUNITY DEVELOPMENT CORPORATION d/b/a ighjands Elementary After School Learning Program, 1176 Labelle St, Jacksonville, FL 32205 thi + day of November 2019. 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Docket for Case No: 19-006673