STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Certified Mail Return Receipt No, 71 149 ATW 7038 1264 5448 April 30, 2021 Thumbelina Learning Center V 16301 NW 2" Avenue Suite 2 Miami, Florida 33169 C11MD2085 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department is imposing a Civil Penalty in the total amount of $100. The Department's authority and grounds tc impose this sanction are explained below. INTRODUCTION 1. This is an administrative action for imposition of a civil penalty for known incidents of occurrence as authorized in section 402.310, Florida Statutes and rules 65C-22.010 and 65C-20.012, Florida Administrative Code. 2. Petitioner, The Department, is an administrative agency of the State of Florida, charged with the duty to enforce and administer the provisions of Chapter 402, Florida Statutes and rules 65C-22,010 and 65C-20.012, Florida Administrative Code. 3: Respondent, Thumbelina Learning Center V, (“Provider”), License No. C11M2085 is licensed pursuant to Section 402.305, Florida Statutes, and Rule 65C-22 and 65C-20, Florida Administrative Code, to operate a Child Care Facility located at 8380 NW 22" Avenue Miami, Florida 33147. The child care facility license is currently an Annual License. VIOLATION 1 IMPOSITION OF A FINE Standard #47-02: Child Abuse/Neglect Committed: Access/Child Safety Class 1 Violation 4, During an inspection on January 9, 2020, the Provider was cited for violating Standard # 47-02: Child Abuse/Neglect Committed: Access/Child Safety, a Class 1 violation. The owner, operator, employee or substitute, while caring for children, committed an act or omission that meets the definition of child abuse or neglect provided in Chapter 39, Florida Statutes or Chapter 827, Florida Statutes, On January 9, 2020 a classroom teacher repeatedly shook and/or hit a baby enrolled in the facility. Child Care Licensing Standard #47-02 of the Child Care Facility Standards Classifications Summary, incorporated by teference at Rule 65C-22.010(1)(e)1, F.A.C., is a violation of CCF Handbook, Section 8.2, B, incorporated by reference at Rule 65C-22.001(6), F.A.C. &. On January 9, 2020, at approximately 10:00 a.m., the Child Care Regulation Office received a complaint alleging that an employee shook and slapped a child because he Page 1 of 6 10. hy 12. 13. 14, would not stop crying. The alleged perpetrator, Marta Jimenez, was changing the child's diaper roughly which caused him to cry. She then began shaking the child and yelling at the child to be quiet. Upon receiving the complaint, Family Services Counselor Alexis Stevens commenced a complaint investigation and went to the facility at approximately 11:15 a.m. on January 9. At the facility, Ms. Stevens interviewed the Director, Mrs. Lopez. Ms. Lopez stated that she was not present at the facility when the incident occurred that day. Ms. Lopez admitted that she had knowledge of an incident where a teacher hit a child at the facility, She stated she received a phone call that morning from an employee, Ms. Antwanette McKoy, who informed Ms. Lopez that a parent, Angela Alexander, witnessed a teacher hitting a child. Ms. Lopez then spoke to Ms. Alexander on Ms. McKoy's telephone who reiterated the allegations. The witness further told Ms. Lopez that she was going to call the police. Law enforcement arrived on the scene later that morning and arrested Ms. Jimenez. Ms Jimenez was charged with Child Abuse/No Great Bodily Harm, and her criminal case remains open (Case No. F20-0428). Ms. Stevens interviewed the witness parent, Ms. Alexander, by telephone approximately three days after the incident of January 9. Ms. Alexander stated that she arrived at the school around 9:00 a.m. that morning to drop off her daughter to Ms. Plascencia's classroom. At this time Ms. Plascencia was taking the children to the playground. She witnessed her daughter's teacher Ms. Plascencia ask Ms. Marta to watch her class briefly while she went to the bathroom. Ms. Plascencia then left the room. At this point Ms. Alexander observed Ms. Marta changing the diaper of a baby in a crib very roughly. She states that as Ms. Marta was leaned over in the crib changing the baby, the baby started crying. Ms Marta told the baby to be quiet, and then picked up the baby above her head and shook the baby. Ms. Marta then hit the baby. According to Ms. Alexander, at no time did Ms. Marta notice her as she had her back to Ms. Alexander. Ms. Alexander then went to the 3-4 year-old classroom and notified Ms. McKoy of what she observed. Ms. McKoy then called Ms. Lopez to explain the situation and then gave her telephone to Ms. Alexander. Ms. Alexander then informed Ms. Lopez what she observed as weil. Once a violation has been determined to have occurred, the Department is authorized to administer disciplinary sanctions against the licensed provider, s. 402.310(1)(a), Fla. Stat. Disciplinary sanctions include imposition of an administrative fine, conversion of a license to probation status, and denial, suspension, or revocation of a license, s. 402.310(1)(a), Fla. Stat. The Department's determination of appropriate disciplinary sanctions for a violation of any provision of ss. 402.301-402.319, or the rules adopted thereunder, requires the Department to consider the factors listed in section 402.310(b), Florida Statutes. The factors are: Page 2 of 6 15, 16. Iie 18. 19, 20. 2%. 22. 23. i. The severity of the violation, including the probability that death or serious harm to the health or safety of any person will result or has resuited, the severity of the actual or potential harm, and the extent to which the provisions of ss. 402.301- 402.319 have been violated. ii. Actions taken by the licensee or registrant to correct the violation or to remedy complaints. iii. Any previous violations of the licensee or registrant. The Department is also directed to “Establish a uniform system of procedures to impose disciplinary sanctions for violations of ss. 402.301-402.319. The uniform system of procedures must provide for the consistent application of disciplinary actions across districts and a progressively increasing level of penalties’, s. 402.310(1)(c)2, Fla. Stat. This is commonly referred to as the classification system. Adoption of the classification system contained within the Child Care Facility Standards Classification Summary, which is incorporated in the rule by reference at Rule 65C- 22.010(1)(e)1, is a rule adopted in accordance with the statutes listed in paragraphs 14 and 15. Whether a licensing standard violation is classified in the Child Care Facility Standards Classification Summary as a Class 1, Class 2, or Class 3, is based upon “The severity of the violation, including the probability that death or serious harm to the health or safety of any person will result or has resulted, the severity of the actual or potential harm, and the extent to which the provisions of ss. 402.301-402.319 have been violated”, s. 402.310(1}{b)1, Fla. Stat. The violation was severe in that a 2-year-old child was violently shaken and hit by a teacher. This constitutes child abuse pursuant to s. 39.01(2), Fla. Stat. in that Ms. Jimenez's actions were willful and likely to cause the child’s physical health to be significantly impaired. The licensee failed to correct the violation or remedy complaints in that the licensee at no point contacted law enforcement or the Department hotline, but rather relied on Ms. Alexander, a parent, to take action. Ms. Alexander even stated to Ms. Lopez on the telephone in the presense of Ms. McKoy that “they are taking this very lightly.” This is the licensee's first Class | violation. The Department is therefore imposing a fine in the amount of $100.00 in accordance with Section 402.310, Fla. Stat. and Ch. 65C-20 and 65C-22, Fla. Admin. Code. VIOLATION 4 TERMINATION OF GOLD SEAL The commission of a Class | violation shall be grounds for termination of the designation of a Gold Seal Quality Care Provider. Section 402.281(4)(a), Florida Statutes. The Department is therefore terminating the Provider's Gold Seal Quality Care designation until the Provider has no Class | violations for a period of two years as set forth in Section 402.281(4)(a), Florida Statutes. Page 3 of 6 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, Child Care Regulation Office, 401 NW 2™ Ave, Suite N-314, Miami, FL 33128. Page 4 of 6 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 “NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES” PROVIDED BELOW 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., CALENDAR DAYS AFTER YOU RECEIVED THE DEPARTMENT'S ADMINISTRATIVE COMPLAINT. You must submit your request for an administrative hearing to the Department at the following address: Florida Department of Children and Families Office of the General Counsel Southern Region ATTN: Aaron Feuer, Esq. 401 N.W. 2nd Avenue, Suite N-1014 Miami, Florida 33128 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. ANY DENIAL, SUSPENSION, REVOCATION OR OTHER ACTION CONCERNING YOUR LICENSE OR REGISTRATION WILL BE EFFECTIVE ON THAT DATE OR ON ANY LATER EFFECTIVE DATE STATED IN THE ADMINISTRATIVE COMPLAINT, AND ANY PENALTY OR FINE IMPOSED MUST BE PAID WITHIN 30 DAYS THEREAFTER OR ANY EARLIER TIME PROVIDED IN THE ADMINISTRATIVE COMPLAINT. If you disagree with the facts stated in the Department's administrative compiaint, 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. You have the right to be represented by counsel or other qualified representative. If you do not disagree with the facts stated in the Department's administrative complaint, 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. You have the right to be represented by counsel or other qualified representative. Your request for an administrative hearing must meet the requirements of Rule 28-106.2015(5), Florida Administrative Code, must be prepared legibly on 8% by 11 inch white paper, and include all of the following items: Page 5 of 6 (a) Your name, address, email address (if any) and telephone number. (b) The name, address, email address (if any) and telephone number of your attorney or qualified representative, if any. (c) A statement requesting an administrative hearing. (d) A statement of all facts in the administrative complaint with which you disagree. If you do not disagree with any of the facts stated in the administrative complaint, you must say so. (e) A statement of when and how you received the administrative complaint. (f) A statement identifying the file number of the administrative complaint, if shown on the administrative complaint. Section 120.569, Florida Statutes, and rule 28-106.201(4), Florida Administrative Code, require 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 copy of the foregoing administrative complaint has been provided by U. S. certified mail, return receipt no. to, Thumbelina Learning Center V, located at 8380 NW 22"¢ Avenue Miami Florida 33147, this 30th of April 2024. Regional Program Safety Manager Florida Department of Children and Families Page 6 of 6

Docket for Case No: 21-001692