STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Proven Investments, Inc. Certified Mail: 7019 0160 0000 8638 4528 d/b/a Tiny Tots Preschool and Daycare, Too Receipt Requested 14271 N 121 State Road Maccienny, FL 32063 Gase# 2019-CO8BA0023-2 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penaity in the amount of One- Hundred Fifty Dollars ($150.00), 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 Proven Investments, Inc. d/b/a Tiny Tots Preschool and Daycare, Too for violations of child care licensing standards in sections 402,301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. Proven Investments, Inc is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to Operate a child care facility known as Tiny Tots Preschool and Daycare, Too License # C08BA0023 located at 14271 N 121 State Road, Maccienny, FL 32063. The facility's license is currently a Regular License, 3. During a Complaint Investigation on August 30, 2019, Licensing Counselor Ramona Phillips determined that: Violation#1: Supervision of children in the mixed age group included three (3) two-year-olds, eight (8) three- year-olds, and four (4), four- year- olds was inadequate because the teacher, C.C. walked out of the classroom leaving the children, B.Q, G.M, C.M, H.A, and Z. H. unsupervised for several minutes more than once; a child was also placed in a closet alone, with the door closed. The teacher, C.C. eventually returned to the classroom. The child was let out of the closet after a few minutes and returned to his classroom. The teacher, C.C. at this facility was terminated. 4. The foregoing facts violate CCF Handbook Section; 2.4.1 (B) which states: 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. 5. The violation described above is a Class Ill violation:of child care licensing standards. It is the facility's second (2"*) Class Il violation of a Child Care Standards Classification Summary #04-01 Supervision within a two-year period. The same violation was previously cited on November 14, 2017 at which time they received technical support. The fine imposed for this violation is Fifty Dollars (50.00). 6. During a Complaint Investigation on August 30, 2019, Licensing Counselor Ramona Phillips determined that: Violation#2: A form of discipline used by staff, C.C. included the use of spanking or other form of physical punishment. A teacher, C.C. hit/spanked several children, C.M, H.G, Z.H, and B.Q. with her hand and a ruler. The teacher, C.C. at this facility was terminated. All staff in the facility will be required to complete Basic Guidance and Discipline and the 5 hours introductory Trauma Informed Care on-line training. 7. The foregoing facts violate CCF Handbook Section 2.8 (A & B) which states: The child care facility shall adopt a discipline policy consistent with Section 402.305(12), F.S., including standards that prohibit children from being subjected to discipline which is severe, humiliating, frightening, or associated with food, rest, or toileting. Spanking or any other form of physical punishment is prohibited. B. The child care facility operators, employees, substitutes, and volunteers must comply with written disciplinary and expulsion policies. 8. The violation described above is a Class | violation of child care licensing standards. It is the facility's first (1) Class { violation of a Child Care Standards Classification Summary #11-06 Child Discipline within a two-year period. The fine imposed for this violation is One-Hundred Dollars (100.00). If you do not wish to contest the findings of this administrative complaint, please subinit 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: Joann M. Humburg Assistant Regional Counsel Department of Children & Families 1000 NE 16 Avenue, Bldg. J #3 Gainesville, FL. 32601 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. Ata 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. tn 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 ail 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 4 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 fo 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 4528 to Proven Investments, inc. d/b/a Tiny Tots Preschool and Daycare, Too, 14271 N 121 State Road, Maccienny, FL. 32063 this day of October 2019. Mala Ramoutar, CPM NER Safety Program Manager

Docket for Case No: 20-002144