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DEPARTMENT OF CHILDREN AND FAMILIES vs FAITH WITHOUT WORKS, INC., D/B/A THE EARLY YEARS II, 20-000495 (2020)

Court: Division of Administrative Hearings, Florida Number: 20-000495 Visitors: 30
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: FAITH WITHOUT WORKS, INC., D/B/A THE EARLY YEARS II
Judges: HETAL DESAI
Agency: Department of Children and Family Services
Locations: Tallahassee, Florida
Filed: Jan. 29, 2020
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, July 16, 2020.

Latest Update: Dec. 26, 2024
x % SYS a /% State of Florida Ron DeSantis a Vala § Department of Children and Families charms Oe: cS Poppell MeFLEAMILIES.COM tery Sharron Washington Regional Managing STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Certified Mall No.: 7019 0700 0000 9492 2660 To: Falth Without Works dba The Early Years CDC #2 Attention: Elizabeth Jackson 2933 Duff Rd Lakeland Fl. 33810-2188 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department is proposing to imposa a total administrative fine of $178.00. The Departments authority and grounds to impose this sanction are explained below. 1. The Department of Chikdren and Families Is authorized by section 402.310, Florida Statutes, to sanction Falth Without Worke dba The Early Years CDC #2for violations of child care licensing standards in sectlons 402.301 — 402.316, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. Faith Without Works Inc is licensed under chapter 402, Florida Statutes, and chapter 650-22, Florida Administrative Code, to operate a child care facility known as Faith Without Works dba The Early Years CDC #2 located at 2933 Duff Rd, Lakeland FL 33810-2188. The child care facility license is currently an Annual Ilcense. 3. During a renewal inspection conducted on Saturday, October 5, 2019, the Chiid Care Regulation Counselor observed there was no menu posted for that day. 4, The foregoing facts violate the Child Care Facility Handbook Section 3.9.3.H, which requires that meal and snack menus must be planned, written, dated, and posted at tha beginning of each week In an easily sean place, accessible to the parents. : 5. The violation deseribed above is a Class iI violation of a child care licensing standard. This is your third occurrence of this licensing standard within e two- Circuit 10, Central Region: 200 N Kentucky Ave, Suite 404, Lakeland, FL 33804 Mission: Work In Parinership with Local Communities to Protect tha Vulnerable, Promote Strong end Economically Self-Sufficient Families, and Advance Personal and Family Recovery and Realllency year periad. You previously violated this ilcensing standard on October 15, 2018 and October 18, 2017. Technical support was provided for the viclations. The fine imposed for the current violation Is $25.00. 6. During a renewal inspection conducted on October 15, 2048, the Child Care Regulation Counselor reviewed all children’s filles and observed that K.S. wes enrolled at the facility on July 10, 2018 and had an immunization record that expired on September 18, 2018. 7. The foregoing facts violate Child Care Facllity Handbook, Section 7.1., states “[The] child care facility is responsible for obtaining for each child in care a current, complete and properly executed Florida Certification of Immunization form Part A-1, B, or C, DH 680, which is incorporated by reference In 86C-22.001(7Xe), F.A.C., or the Religious Exemption from Immunization form, DH 681, which Is incorporated by reference in 65C-22.001(7)(p), F.A.C., from the custodial parent or legal guardian. DH Form 680 and DH Form 681 may be obtained from the loca! county health depertment. 8. The violation described above is a Class Ill violation of a child care licensing standard. This Is your third occurrence of this licensing standard within a two- year period. You previously violated this licensing standard on June 21, 2018 and February 20, 2018. On June 21, 2048, during a routine inspection the Counselor reviewed children’s files and determined that M.B. was enrolled et the facility on April 1, 2017 and had sn immunization record that expired on April 36, 2018. On February 20, 2018, during & routine Inspection, the Counselor reviewed children’s files and deiarmined that K.C. was enrolled at the facility on February 6, 2017 and had an Immunization record that expired on February 1, 26018. Technical assistance was provided for the violations. The fine imposed for this violation Is $25.00. 9. On October 15, 2018, the Child Care Regulations Counselor observed several torn floor mats within the facility. 10. The foregoing facts violate Child Care Facility Handbook Section 3.6.1., D which states floor mats must be at least one Inch thick and covered with an impermeable surface that is cleaned and sanitized or disinfected after each use, 11. The violation described above is a Ciass Ill violation of a child care licensing standard. This Is your facility's third violation of this lleensing standard within a two-year period. Your facility previously violated this licensing standard on February 20, 2018 and February 16, 2017. Technical assistance was provided for the violations. The fins imposed for the current violation is $25.00. 12. Also, on Octeber 16, 2018, the Child Care Regulation Counselor observed that the last emergency preparedness drill was conducted on June 5, 2017. 13. The foregoing facts violate the Child Care Facility Handbook section - 3.8.5. B, which requires that lockdown and inclement weather drills shall be conducted a minimum of one time each per operating year when children are in care and the documentation of these drills must be maintained for two years. 14. The violation described above Is a Claas II violation of a child care flcensing standard. This is your second occurrence of a Class II violation within a two- year period. You previously violated this licensing standard on February 16, 2017, when the Child Care Counselor determined that the emergency preparedness drills were not conducted for the year. Technical support was provided for the violation. The fine imposed for the current violation fs $50.00. 15. Lastly, on October 15, 2018, the Child Care Regulation Counselor observed a riding car on the playground that missing a steering wheel and safety strap. Also, the large tower on the silde was missing a screw, which caused a support bar to be Improperly mounted. 16. The foregoing facts violate the Child Care Facility Handbook, Section 3.12, which requires that ail playground equipment must be In good repair, maintained In a safe and sanitary condition. 17. The violation described above !s a Clags II violation of a child care licensing standard. This Is your second occurrence of a Class II violation within a two- year period. You previously violated this ilcensing standard on February 16, 2017, when the Counselor observed the child’s chair, toddler table and bench set, and toddler's push toy had sun damage and had been broken. Technical aselstance was provided for the violations. The fine imposed for the current violation Is $50.09. ff you do not wish to contest the findings of thls administrative complaint, payment of the fine arnount may be made diractly to the Florida Department of Children and Families, Child Care Regulation Office, Attn: Nancy Ebrahimi, 200 N. Kentucky Avenue, Sulte 404, Lakeland, Florida 33801. f you wish to contest the findings of this administrative complaint or the sanctions Imposed, you may do so as provided in the notification of rights below. You may pay the fine by mailing a certified check or money order to the Florida Department of Children and Families: Florida Department of Children and Families Attention: Nancy Ebrahim, Child Care Regulation Supervisor 200 North Kentucky Avenue Sulte 404 Lakeland, Florida 33801 GHT INISTRATI IF YOU SELIEVE 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 mall return receipt to Ellzabeth Jackson, c/o Faith Without Works dba The Early Years CDC #2, 2933 Duff Rd, Lakeland FL 33810-2488 this 2Y day of _Odtpber 2019. 7 l Cheryl Disho"'g, Child Care Re ation ounselor F TER 120. 134) TES 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: Raquel Ramos, Regional Counsel 1055 US HWY 17 N BARTOW FL 33830 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 3 formal administrative hearing under section 120.57(1), Florida Statutes. At a formal hearing, you may present avidsnce 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 request a formal hearing or an Informal hearing, your request for an administrative hearing must mest the requiraments of Rule 28-106.201(2) or Rule 28- 108.301(2), Florida Administrative Code. In either event, your request for an administrative hearing must: 1. Include a copy of the decision recaived 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, emall 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; (9) A statement of ail 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 tha facts you believe Justify a change In the Department's decision; {g) A statement of the specific rules or statutes you belleve 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 ()) A statement of the relief you want, Including precissiy the action you want the Department to take. Section 120.569(2Xc), Florida Statutes, rsquires 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 informa! dispute resolution may be available after a timely request for an administrative hearing has been received, if agreed fo by all parties, and on such terms as agreed to by ail parties. The right to an administrative proceeding Is not affected when madiation or informal dispute resolution does not result in a settlement. APPLICANT NAME: To: Faith Without Works dba The Early Years CDC #2 Attention: Elizabeth Jackson 2833 Duff Rd Lakeland FL 33810-2188 TYPE: Ccc INSPECTOR: Heidl Dumont ACTION: _Administratlvs Action: Proposed Fine SIGNATURE ' APPROVED DISAPPROVED COMMENTS aT Class Ill: Immunization c (3 occur) $Aeeee 25° : : Class lil: Mais | cau yr OM j (3 occur) SBxe07¢° CCR Counselor _ — aah res fas.ce ; His | Nancy Ebrahigi Renargeney eo | CCR Supervisor o_o Plas) iveund 0.00 _ NA _ _T Shane DeBoard Regional Counsel Mailed on ofau/9 £w 1 pine eich an age Hn ee ae nen Nancy Ebrah'snl CCR Supervisor

Docket for Case No: 20-000495
Issue Date Proceedings
Oct. 21, 2020 Agency Final Order Closing File filed.
Jul. 16, 2020 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jul. 15, 2020 CASE STATUS: Pre-Hearing Conference Held.
Jul. 15, 2020 Joint Notice of Filing (Settlement Agreement) filed.
Jun. 25, 2020 Notice of Appearance (Javier Enriquez) filed.
Jun. 19, 2020 Amended Notice of Hearing by Zoom Conference (hearing set for July 22, 2020; 9:00 a.m.; Tallahassee; amended as to Exhibit Information).
May 13, 2020 Notice of Zoom Pre-hearing Conference (set for July 15, 2020; 4:00 p.m.).
May 13, 2020 Amended Notice of Hearing by Zoom Conference (hearing set for July 22, 2020; 9:00 a.m.; Tallahassee, FL; amended as to Date and Type of Hearing).
May 11, 2020 CASE STATUS: Pre-Hearing Conference Held.
May 07, 2020 Notice of Zoom Pre-hearing Conference (set for May 11, 2020; 3:00 p.m.).
May 05, 2020 Order Rescheduling Hearing by Video Teleconference (hearing set for August 11, 2020; 9:00 a.m.; Lakeland and Tallahassee, FL).
May 05, 2020 Respondent's Status Update to the Tribunal filed.
May 05, 2020 Status Update filed.
Apr. 02, 2020 Order Canceling Hearing (parties to advise status by May 4, 2020).
Feb. 28, 2020 Amended Notice of Hearing by Video Teleconference (hearing set for April 16, 2020; 9:00 a.m.; Lakeland and Tallahassee, FL; amended as to date).
Feb. 10, 2020 Order of Pre-hearing Instructions.
Feb. 10, 2020 Notice of Hearing by Video Teleconference (hearing set for April 15, 2020; 9:00 a.m.; Lakeland and Tallahassee, FL).
Feb. 05, 2020 Joint Response to Initial Order filed.
Jan. 29, 2020 Initial Order.
Jan. 29, 2020 Administrative Complaint filed.
Jan. 29, 2020 Petitioner's Request for Formal Administrative Hearing filed.
Jan. 29, 2020 Notice (of Agency referral) filed.
CASE STATUS: Pre-Hearing Conference Held.

Orders for Case No: 20-000495
Issue Date Document Summary
Oct. 21, 2020 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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