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DEPARTMENT OF CHILDREN AND FAMILIES vs PAMPERED PRODIGY EARLY LEARNING CENTER, INC., D/B/A PAMPERED PRODIGY EARLY LEARNING CENTER, 20-000890 (2020)

Court: Division of Administrative Hearings, Florida Number: 20-000890 Visitors: 7
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: PAMPERED PRODIGY EARLY LEARNING CENTER, INC., D/B/A PAMPERED PRODIGY EARLY LEARNING CENTER
Judges: YOLONDA Y. GREEN
Agency: Department of Children and Family Services
Locations: Jacksonville, Florida
Filed: Feb. 19, 2020
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, March 27, 2020.

Latest Update: Jun. 17, 2024
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Pampered Prodigy Early Learning Center Inc Certified Mail: 7019 0160 0000 8638 4061 d/b/a Pampered Prodigy Early Learning Center, Inc. Return Receipt Requested 521 W Ashley St Jacksonville, FL 32202 Case# 2020-C04DU1130-1 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of Fifty Dollars ($50.00). 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 Pampered Prodigy Early Learning Center Inc d/b/a Pampered Prodigy Early Learning Center, Inc. for violations of child care licensing standards in sections 402.301 ~ 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. Pampered Prodigy Early Learning Center Inc is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Pampered Prodigy Early Learning Center, Inc. License #C04DU1130 located at 521 W Ashley St, Jacksonville, FL 32202. The facility's license is currently a REGULAR License. 3. During a Complaint Investigation on October 21, 2019 DCF Licensing Counselor, Rosebud Hilliard, determined that: Supervision of children in the two (2) year old group was inadequate in that a child L.W. received a fracture to her left elbow which required medical attention and staff did not know how the injury occurred. L.W. was taken to the emergency room by her mother. Even though the medical professional stated the injury is common and could be caused by child falling on the limb the center is not able to provide an explanation as to how the child fractured her left elbow while at the school. 4. The foregoing facts violate CCF Handbook, Section 2.4.1 A-C which states: Personnel must position themselves in the outdoor play area so that all children can be observed and directly supervised. B. Child care personnel must be assigned to provide direct supervision to a specific group of children and be with that group of children at all times. Children must never be left inside or outside the facility, in a vehicle, or at a field trip location by themselves. C. Supervision standards apply at all times away from the child care facility, including during field trips, outdoor play, and when picking up or dropping off children at designated locations, such as bus stops, school, or a child's home. For school-age children, personnel must know where the children are and what they are doing at all times and capable of responding to emergencies including when children are separated from their group. 5. The violation described above is a Class II violation of child care licensing standards. It is the facility's second (2"4) Class fl violation of Child Care Facility Standards Classifications Summary #4.1 Supervision within a two-year period. The same violation was previously cited on March 27, 2018. The fine imposed for this violation is Fifty Dollars ($50.00). If you do not wish to contest the findings of this administrative complaint, please submit a cashier's check 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 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” 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 addresses: David Tucker Chief Legal Counsel Department of Children & Families 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. 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. 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 3 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. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail return receipt no, 7019 0160 0000 8638 4061 to Pampered Prodigy Early Learning Center Inc d/b/ Pampered Prodigy Early Learning Center, Inc., 521 W Ashley St, Jacksonville, FL 32202 this gik day of January 2020. Mala Ramoutar, CPM Safety Program Manager Birth to SA Child Care Facility Name: Pampered Prodigy Early Learning Center, Inc. = iD Number: C04DU1130 aH Address: 521 W Ashley St, Jacksonville FL 32202-4122 Phone Number: (904) 723-1464 Capacity: 81 EE Owner/Director/Staff Responsible: Antoinette Irby Inspection Information Type: Complaint Date: 10/21/2019 Arrival/Departure Time: 09:30 AM to 11:30 AM Staff Present: 4 Children Present: 32 Onsite Visit: Yes DGF Siandards DCF & SR Standards. SR Standerds [ INSPECTION CHECKLIST GENERAL REQUIREMENTS 01, License Displayed/Citation Posted/Advertising 5.402.3125(1)(a), F.S. 02. Minimum Age Requirements CCF Handbook, Section 2.2 03. Ratio Sufficlent CCF Handbook, Section 2.3 Compliance Coinments Infants - 2:1 One's - 6:1 Twos - 11:1 Three's/fours - 13:4 04, Supervision CCF Handbook, Sectlon 2.4 Non-Counllance Description 04-01 Supervision of children in the [2 year ojd} group was inadequate In thal (Child recelved a fracture to her lefl elbow which required medical attention and staff did not know how the Injury occurred, ]. CCF Handbook. Section 2.4 (Section 5, numbers 1 - 17) [SR] Somments. 2,14Supenision 21.1General Supervision Requirements A.Personnel must position themselves in the ouldoor play area so that all children can be observed and directly supervised. 8.Child care personnes must be assigned to provide direct supervision to a specific group of children and be with that group of children at all Gmes, Chidren must never be left Inside or outside the facility, in a Vehicle, or et a field trip location by themselves: C, Supervision standards apply at all tines away from the child care facility, Including during field tips, outdoor play, end when pleking up or dropping off children at designated focations, such as bus stops, school, or a childs home, For schootage chidren, personne! mus! know where the children are and what they are doing at all times and capable of responding to emergencies including when children are separaled from (heir group. ... Staff will be required to review the altached supervision videos and provide documentation thet all staff members have reviewed the videos. hitps:/Avww.youtube, comwatch?v=vOavkZwBRFA hitps:/Avww.youlube.com/watch?v=loTuGEcmobQ Due Date 01/04/2020 Miolation Lave} z 05. Transportation CCF Handbook, Section 2.6 06. Driver's License, Physician Certification & First Aid/CPR Training CCF Handbook, Section 2.5 and CCF Handbook, Section 7.4 07. Vehicle Insurance and Inspection CCF Handbook, Section 2.5.4 Pare 1of8 Not Monitored Not Monitored Compliance Noncompliance Not Monitored Not Monitored Not Monitored Cr Name: Pampered Prodigy Early Learning Center, nc. License #: CO4DU1130 oy + Address: 521 W Ashley St, Jacksonville FL 32202-4122 Type: Complaint Date: 10/21/2019 08. Seat Belts/Child Restraints CCF Handbook, Section 2.5.4 and CCF Handbook, Section 2.5.5 09, Planned Activities CCF Handbook, Section 2.6 10. Field Trip Permission CCF Handbook, Section 2.7 11. Child Discipline CCF Handbook, Section 2.8 PHYSICAL ENVIRONMENT 412, Facility Environment CCF Handbook, Section 3.1 13. Toxic Substances, Hazardous Materials and Weapons CCF Handbook, Section 3.2 14. Lighting, Temperature, and Ventilation CCF Handbook, Section 3.3 15, Licensed Capacity CCF Handbook , Section 3.4 46. Indoor Floor Space CCF Handbook, Section 3.4 17. Outdoor Play Area/Fencing CCF Handbook, Section 3.5 18. Bedding and Linens CCF Handbook, Section 3.6 18. Nap/Sleep Space Requirements CCF Handbook, Section 3.6.2 20. Crib Requirements CCF Handbook, Section 3.6 21. Restrooms and Bath Facilities CCF Handbook, Section 3.7 22. Operable Phone CCF Handbook, Section 3.8.1 23. Fire Drills & Emergency Preparedness CCF Handbook, Section 3.8 FOOD AND NUTRITION 24. Food Preparation Area CCF Handbook, Section 3.9 25. Meals and Snacks CCF Handbook, Section 3.9 26. Meal and Snack Menus CCF Handbook, Section 3.9.3 & Section 7 27. Catered Food and Food Provided by Outside Sources CCF Handbook, Section 7 & Section 3.9.3 28. Bottles, Breastmilk, Formula and Infant Food CCF Handbook, Section 3.9 Page 2 of 8 Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Nat Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored ao Name: Pampered Prodigy Early Learning Center, inc, Ucense #: CO4DU1130 4 Address: 521 W Ashley St, Jacksonville FL 32202-4122 Type: Complaint Date: 10/21/2019 SANITATION AND EQUIPMENT 29, Health and Sanitation CCF Handbook, Section 3.6, 3.9, and 3.10 30. Diapering CCF Handbook, Section 3.10 31. Indoor Equipment CCF Handbook, Saction 3,441 32, Outdoor Equipment CCF Handbook, Section 3.12 TRAINING 33. Training Requirements CCF Handbook, Section 4 34. Crédentialed Staff CCF Handbook, Section 4.6 & 4.7 HEALTH REQUIREMENTS 35, Communicable Disease Control CCF Handbook, Section 6.1 36. CPR Requirements CCF Handbook, Section 4.2.4 37. First Aid Requirements CCF Handbook, Section 4.2.4 and 6.2 38, Emergency Telephone Numbers CCF Handbook, Section 6.3 39. Accident Incident Notification and Documentation CCF Handbook, Section 6,3 & 6.4 40. Medication CCF Handbook, Section 6.5 RECORD KEEPING 41. Immunization Records CCF Handbook, Section 7.4 42, Student Health and Records CCF Handbook, Section 7.2 43, Enrofiment Information CCF Handbook, Section 7.3 & s. 402.3054(2), F.S, 44. Personnel Records CCF Handbook, Section 7.4 45. Background Scréening Documents CCF Handbook, Section 7.4.4 46. Daily Attendance CCF Handbook, Section 7,5 ENFORCEMENT 47. Access/Child Safety CCF Handbook, Section 8 Pare 3 of 8 Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored 22, Nama: Pampered Predigy Early Learning Center, Inc. Ucense #; CO4DU1130 ¥ Address: 524 W Ashley St, Jacksonville FL 32202-4122 ‘Type: Complaint Date: 10/21/2019 at tC 3 toinette Irby osebud Hillard Date: 10/21/2019 Date: 10/21/2019 Page 4 of B 2 ey Name: Pampered Prodigy Early Learning Center, Inc. Ucense #: C04DU1130 re Address: 521 W Ashley St, jacksonville FL 32202-4122 ‘Type: Complaint Date: 10/21/2019 SUPPLEMENTAL INSPECTION SHEET Comments: Antoiette Irby - Director Jadene King - Owner Glyennzella Williams - 2 Year old teacher Martha Pagan - Infant teacher Delores Johnson - Teacher Kathy Johnson - Parent Tachari Wheaton - Parent Mrs, Williams - Mom Logan Williams - Child Received by: Antoinette Date: 10/21/2019 Inspectéd ebud Hilliard : Ri Date: 10/31/2019 Page Sof8 a e Name: Pampered Prodigy Early Learning Center, inc. License #: CO4DU1130 ay Address: 521 W Ashley St, Jacksonville FL 32202-4122 ‘Type: Complaint Datet 10/21/2019 COMPLAINT FORM Complaint: Compleint received via emall on 10/16/19 at 11:26 am from Owner, JK alleging that yesterday while mom attempted to put her child in the car seat and child was screaming, The child’s left elbow was slightly swollen. Mom took the child to the hospital yesterday. The child is scheduled to have surgery today. The child has a fractured elbow. Page Gofé ’ 2s Name: Pampered Prodigy Early Learning Center, Inc. License #: CO4DU1130 yy Address: 522 W Ashley St, Jacksonville FL 32202-4122 Type: Complaint Date: 10/21/2019 Summary: The complaint was initiated on 10/17/19 @ 9:30 am. with an agent from another agency within the department. Owner, JK, stated she was told that yesterday while mom attempted to put her child in the car seat and child was screaming, The child's left elbow was slightly swollen. Mom took the child to the hospital yesterday. The child is scheduled to have surgery today. The child has @ fractured elbow. JK stated she is in touch with the parents regarding this incident. according to her written statement, "! spoke with the parents several times and It was discovered child fractured elbow some how during the day, unnoticed by anyone. ER doctor stated it's a very common childhoed injury that occurs if a child accidentally falls on their limb and the limb catches the weight of the body. It Is sometimes not noticed if limb is not disturbed, until the limb is touched. (her emailed statement is in the file). Spoke with Al, director. She stated, On Tuesday, Mom came in and picked child up, she asked what happened to L's arm. Sald L was whining . She stated she said “okay mom 1 don't know, just take her to the ER. She stated L didn't do anything out of the ordinary. She stated when it was time for GW to go on break, she stayed in the class with the children until the replacement teacher (DJ) arrived. She feft when DJ artived, She said during her time in the classroom, L just sat quietly watching TV. She sald there were 7 or 8 kids in the room that day. Stated L is a quiet child anyway. Sald child had on a Jacket, but took it off that morning. Spoke with GW, 2 year old teacher. She stated when she got child in her care, child was fine. Said nothing happened In her class. She satd child did not fall and théy did not go outside that day; it was raining, She said child was acting her normal self that day, She said later that day, child took off her jacket and she (GW) put the jacket back on the chiki, She said child was fine. She said DJ was here with children when she went on break. She said child participated In all activities that day. Spoke with MP, Infant teacher, she stated she watches child in the afternoon about 5:30 pm. Logan was in her room and later she took her back to her classroom. Child never cried when she was in the classroom. She stated she did not know what happened to child's arm. Spoke with DJ, She stated she watched child from 3:30 to 4:30 pm. She said when she walked into Child's classroom, child was sitling on the floor quiet. Child had taken her jacket off. Child was not crying. She was watching child because her teacher had gone to lunch. She stated she did not take the children outside for play time. She said no one touched the child and does not know what happened to child's arm, Parents: TW was interviewed via telephone call. She stated she has had a few incidents with center where she had to go to the center the next day and ask what happened. She sald the staff does not communicate well with parents. The parents have to put forth the effort to find out what happens to the children. She said if she asks they usually will be able to tell what happened. She her son is being potty trained and a few times when she has come to pick him up , he has been wearing an outfit that does not belong to him, She sald she provides a change of clothes daily and the center is not utilizing the things she provides for him. She stated she has seen unexplained scratches on her child with no explanation until she asked, The following interviews were completed by other agent. Parent of child, Mrs W. They stated when she took child to daycare there was nothing wrong with her arm. When she picked her up from daycare, her left arm was swollen and she was crying. asked her teacher and the director what happened to child's arm and they both stated they did not know. Mom stated she was advised by director to take child to ER, which she did, and it was determined the child had a fractured left elbow. Mom stated she was going to find another daycare for her daughter. In a later interview, mom stated she had medical records and child’s injury was an accident. Child continues to attend this daycare. Child was seen by other agent and this FSC. She was observed to be well cared for and had a cast on her left arm.. Spoke with ES, she stated that she has a daughter to attend the center. She said that the center takes good care of the kids who attend that center. She stated that the teachers are nice to the kids. She doesn't believe anyone would hurt any of these kids at this center. Spoke with KJ, parent, she stated that none of the kids who attend this center has ever been abused. She stated all the teachers take good care of the kids. Counselor observed each classroom as follows: Infants - 2:1; One's - 6:1; Twos - 11:1; three's/fours - 13:1, Child was observed to be well cared for with @ cast to the left arm. Conclusion: Based on joint investigation, interviews with staff, parents, and children, the center is compliant with ratio, and cited for supervision in that even though the medical professional stated the Injury is common and could be caused by child falling on the limb, the center Is not able to provide an explanation as to how the child fractured her left elbow while at the school, Complaint closed on 12/19/19. Page 7 of 8 te Name: Pampered Prodigy Early Learning Center, Inc. License fi: C04DU1130 ¥r Address: 521 W Ashley St, Jacksonville FL22202-4122 Type: Complaint Date: 10/21/2019 ived by: Antoinette Irby e Inspected by/ Rosabdd Hilliard Date: 10/21/2019 Date: 10/21/2019 Page Bof 8 [Z) |e) SN 222 S29 bt2 63 TL ie VN ALIWOIYd OB (fl eM 62 We nn ii re | tT ~~ SATII USPS.com® - USPS Tracking® Results Page | of 2 USPS Tracking’ FAQs > Track Another Package + Remove X Tracking Number: 70190160000086384061 Your item was delivered to the front desk, reception area, or mail room at 11:17 am on January 10, 2020 in JACKSONVILLE, FL 32202. Y Delivered January 10, 2020 at 11:17 am Delivered, Front Desk/Reception/Mail Room JACKSONVILLE, FL 32202 yoegpee4 Get Updates v Text & Email Updates Tracking History January 10, 2020, 11:17 am Delivered, Front Desk/Reception/Mail Room JACKSONVILLE, FL 32202 Your item was delivered to the front desk, reception area, or mail room at 11:17 am on January 10, 2020 in JACKSONVILLE, FL 32202. https://tools.usps.com/go/TrackConfirmAction 2/3/2020 USPS.com® - USPS Tracking® Results Page 2 of 2 January 9, 2020, 4:26 pm Departed USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER January 9, 2020 In Transit to Next Facility January 8, 2020, 9:37 pm Arrived at USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER Product Information Vv See Less A o . $ Can’t find what you’re looking for? Go to our FAQs section to find answers to your tracking questions. FAQs 2/3/2020 https://tools.usps.com/go/TrackConfirmAction

Docket for Case No: 20-000890
Source:  Florida - Division of Administrative Hearings

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