Elawyers Elawyers
Ohio| Change

DEPARTMENT OF CHILDREN AND FAMILIES vs LEAPIN LIZARDS ACADEMY, LLC, 20-003810 (2020)

Court: Division of Administrative Hearings, Florida Number: 20-003810 Visitors: 50
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: LEAPIN LIZARDS ACADEMY, LLC
Judges: JOHN D. C. NEWTON, II
Agency: Department of Children and Family Services
Locations: Tallahassee, Florida
Filed: Aug. 21, 2020
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, October 29, 2020.

Latest Update: Jul. 02, 2024
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Leapin Lizards Academy LLC. Charlotte County 1968 Royalview Drive Certified Mail Return Receipt Port Charlotte, FL 33948 # 7008 140 $003 §95/ AZO#F- Case# 2020-C20CH0063-01 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department hereby imposes a fine of je 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 Leapin Lizanis LLC. for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Cade. 2 Leapin Lizards LLC. is licensed under section 402, Florida Statutes, and chapter 85C-22, Florida Administrative Code, fo operate a child care facility known as Leapin Lizards LLC., located at 1968 Royalview Drive. Port Charlotte, FL 33848. The facility is currently operating on a regular, annual license, #C20CH0083. |. Glass 2: Licensing Standard 4-1 inadequate Supervision 3 On June 17, 2019, CCRC completed a complaint inspection. During the inspection, the facility was found to be in violation of Section 2.4 of the Child Care facility handbook, regarding supervision. Supervision of children in the [4 year old] group was inadequate in that [the teacher in the classroom was observed sleeping]. The community pariner observed two school age children alone in a classroom. This standard was marked back inte compliance based on technical assisiance provided by the CCRC. This is the facility's first occurrence of this Class il licensing standard within the two-year progressive enforcement period. Technical assistance was provided. 4 On July 1, 2019 CCRC completed a complaint inspection. During the inspection, the facility was found to be in violation of Section 2.4 of the Child Care facility handbook, regarding supervision. Supervision of children in the [2 and 3 year old] group was inadequate in that [A child from the group was alone and unsupervised in the science room while the teacher took the children to the restroom in the art room.} The Child Care Reguiation Counselor observed a child alone and unsupervised in the science classroom. The door between the classrooms was closed and the child was upset. The child was trying to open the door but could not. The Child Care Regulation Counselor looked in the classroom and noticed that he was alone in the classroom. The Child Care Regulation Counselor brought this to a staff member's attention and the staff member got the child. The staff member was taking children to the restroom. The chiid's teacher was in the restroom with the other children from the group. The restroom used by the group is located in the art classroom. This standard was back in compliance. This is the facility's second occurrence of this Class II licensing standard within the two-year progressive enforcement period. Technical assistance was provided. Further administrative action is required. The acts and practices described in paragraphs 3 and 4 are violations of Section 2.4 of the Child Care Facility Handbook which states in part: 2.4. Supervision 2.4.4 General Supervision Requirements A. B. 7 Personnel must position themselves in the outdoor piay area so that all children can be observed and directly supervised. 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 vehicie, or at a field trip location by themselves. . 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... The Department shall impose an administrative fine of fifty dollars ($50.00) for the second Class || violation of the same licensing standard within a two-year peried as mandated by Rule 65C-22.010(2)(d)2, Florida Administrative Code (effective October 25, 2017). Therefore, an administrative fine of fifty dollars ($50.00) is hereby imposed on the facility for the second-Ciass II violation described in paragraph 4. The total administrative fine is Fifty Doliars ($50.00) 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, anes Care Regulation (Attention: James Paimer), PO Box 60085, Fort Myers, FL 33906- 5. 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 i HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail return receipt to Mary Kittredge on-site director of Leapin Lizards LLC., located at 1969 a a Pee Port Charlotte, FL 33948. on this day of Aad, , 2020. — Pe nn a N\bewhe SER. FHA ~~ Chantal Porte Program Safety Manager cc: George Gardner, OCF Legal Counsel James Paimer, Family Services Counselor Supervisor Chemenda Sawyer, Family Services Counselor 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” Enclosure NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES You must submit your request for an administrative hearing to the Department at the following addresses: Department of Children and Families Legal Counsel (Attention: George Gardner), Sulte 256 PO Box 60085 Fort Myers, FL 33906-6085 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 calied 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 are requesting a formal hearing or an informal hearing, your request for an administrative hearing musi meet the requirements of Rule 28-106.201(2) or Rule 28- 406.301({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: (2) 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 facis stated in the notice, you must say $0; {f) A statement of the facts you believe justify a change in the Department's decision; (g) Astatement of the specific niles or statutes you believe require reversal or modification of the Depariment's proposed action; (h) A statement explaining how the facts you have alleged above relate to the specific rules or statutes yau have identified above; and () A statement of the relief you want, including precisely the action you want the Department to take. Section 120.569(2)(c), Florida Statutes, requires the Department to dismiss your request for hearing if it is not in substantial compliance with the requirements above. Mediation as described in section 120.573, Florida Statutes, is not available. However, other forms of mediation or informal dispute resolution may be available after a timely request for an administrative hearing has been received, if agreed fo by all parties, and on such terms as agreed to by all parties. The right to an administrative proceeding is not affected when mediation or informal dispute resotution does not result in a settlement. —— Florida Department of Health 5/29/2020 Child Care Food Program _ Child Care Center Claim 1:01PM 1-5509_ = Region: S$ = RPS: _8. Fiscal Year. _2020 Termination Date: Add't Doc Required... ADR Reason: Meal Disattowanee: Legal Name: LEAPIN LIZARDS ACADEMY LLC FEIN: 822973100001 D/B/A: LEAPIN LIZARDS ACADEMY LLC Mailing Address; 1969 ROYALVIEW DR. PORT CHARLOTTE FL33948 Program Manager: FLEMING. SUSAN Phone: (241) 764-3434 Ext: Email: MSLLACADEMY9@GMAIL.COM Claim Information Status: Pending Entered By: 550Sflemsu Claim Month/Year: 4/2020 Date Received: 05/29/2020 13:01:13 PM Revision #: oO Center Type: FOR-PROFIT - CCC Operating Days: 4 Average Daily Participation: 24 Children Enrolled by Category: Free 14 Reduced 4 Non-needy 3 Total 21 Licensed Capacity: 60.00_ Eligibility: (Enter Option 1 - SSBG if Option 2 - FR is less than 25%) Option 1 - SSBG (Title XX) Eligibility: OR Option 2 - Free/Reduced Eligibility: SSBG: Percentage: 0,00, 9.00. 88.20. _ Center Name: LEAPIN LIZARDS ACADEMY LLC ceenees eer MOREE PTY OL. CST CLULMUUGS see 1969 Royabview Drive, Port Charlotte Fi, 33948 Type: Complaint Date: 06/27/2019 Ntdrow BY a Received by: Sent for signature tmspected by: Chemenda Sawyer Date: 06/17/2019 Date: 06/17/2019 Response from center: The events in this report do not clearly show the true events as written. | would like it to include that no children were ever left in a position where they were in any danger or not under the care of a staff member. If the Coalition person did not prompt my staff member to find me, she would have not stepped through the threshold of the classroom door into the adjoining roam that is less than three feet away to » connect with the staff member in charge. The accusation of a sleeping staff member is denied by the staff and staff in connecting rooms heard the staff member speaking with children during the visit. We were unable to dispute these items due to the signing of the visit report that stated these things occurred, this was signed at a time prior to having no other information other than the perspective of the coalition employee, time was not allowed to speak to all other parties Involved. We are a center that always welcomes DCF and Coalition employees with an open-door policy as we do not have anything to hide and always do things with the safety of our children as first priority. USPS.com® - USPS Tracking® Results Page | of 2 ALERT: DUE TO LIMITED TRANSPORTATION AVAILABILITY AS A RESULT OF NATIO... USPS Tracking’ FAQs > Track Another Package + Tracking Number: 70081 140000389512304 Remove X Your item was delivered to an individual at the address at 12:15 pm on May 15, 2020 in PORT CHARLOTTE, FL 33948. yoeqpas4 GY Delivered May 15, 2020 at 12:15 pm Delivered, Left with Individual PORT CHARLOTTE, FL 33948 Get Updates v Text & Email Updates v Tracking History Product Information Vv See Less ~ https://tools.usps.com/go/TrackConfirmAction?tReffullpage&tLc=3 &text28... 6/9/2020 USPS.com® - USPS Tracking® Results Page 2 of 2 Can’t find what you’re looking for? Go to our FAQs section to find answers to your tracking questions. FAQs ypeqpess, https://tools.usps.com/go/TrackConfirmAction?tReffullpage&tLc=3 &text28... 6/9/2020 PRESS FIRMLY TO SEAL dq, UNITED S TATES me) 26.3 18 POSTAL SERVICE. *>RIORITY® MAIL PRIORITY =XPRESS | Baer EXPRESS MR Leapin Lard “Dt - 194% eoyalview olde, CL e394e Pld feat Le ———— ree ae all al = —_ is a 1 al OE sae, Sur aSte USPS.COM/PICKUP 8 ee Cane Men George MMM, 22 ee wor 2 lilll & * _— J ie

Docket for Case No: 20-003810
Issue Date Proceedings
Nov. 19, 2020 Agency Final Order filed.
Nov. 02, 2020 Transmittal letter from Loretta Sloan forwarding Petitioner's Proposed Exhibits to Petitioner.
Oct. 29, 2020 Order Closing File. CASE CLOSED.
Oct. 26, 2020 Motion to Take Official Recognition filed.
Oct. 21, 2020 Order to Respond to Motion to Relinquish.
Oct. 21, 2020 Motion to Relinquish Jurisdiction filed.
Oct. 21, 2020 Attachment to Motion to Relinquish Jurisdiction filed.
Oct. 20, 2020 Motion to Take Official Recognition filed.
Oct. 15, 2020 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Oct. 14, 2020 Order Denying Request for Official Recognition.
Oct. 14, 2020 (Petitioner's) Request for Official Recognition/Judicial Notice filed.
Oct. 14, 2020 Petitioner's Witness List and Exhibit List filed.
Sep. 08, 2020 Order Allowing Amendment of Administrative Complaint.
Aug. 27, 2020 Notice of Hearing by Zoom Conference (hearing set for October 30, 2020; 9:00 a.m.; Tallahassee).
Aug. 27, 2020 Order of Pre-hearing Instructions.
Aug. 25, 2020 Joint Response to Initial Order filed.
Aug. 25, 2020 Motion to Amend filed.
Aug. 21, 2020 Initial Order.
Aug. 21, 2020 Administrative Complaint filed.
Aug. 21, 2020 Formal Administrative Hearing Request filed.
Aug. 21, 2020 Notice (of Agency referral) filed.

Orders for Case No: 20-003810
Issue Date Document Summary
Nov. 18, 2020 Agency Final Order
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer