3 STATE OF FLORIDA, 1) ree pata oo EPARTMENT OF CHILDREN AND FAMIL| gee oe pow aos: FILED IN THE MATTER OF: A Civil Penalty Against . Charlotte County Family YMCA at Liberty... Charlotte County YMCA, Applicant/Owner ~” CHARLOTTE COUNTY ADMINISTRATIVE COMPLAINT / _ Nature of the Case. 1. This case arises from the Child Care Facility's failure to comply with Chapter *°> 402, Florida Statutes and Rule 65C-22, Florida Administrative Code, as it relates to emergency procedures. : : : 2. This is an administrative action for imposition of civil penalties per known incidents of occurrence as authorized in Chapter 402.310 Florida Statutes. ; 3. The State of Florida, Department of Children and Families is the administrative agency of the State of Florida charged with the duty to enforce and administer the provisions of C apter 402 Florida Statutes and Rule 65C-22 Florida Administrative Code. ae . a : 4. A licensed child care facility, Charlotte County YMCA at Liberty, located at 370 Atwater Street, Port Charlotte, Florida 33952, has been owned and operated by Charlotte County Family YMCA. Cherry Aschenbrenner, is identified as the facility manager. An annual license was issued on 11/16/99. : ae : 5. A complaint was reported to the Department that employees, Kevin Purcell and Erin Borenski, failed to immediately contact the parents of a child injured at the facility and the child was later hospitalized. On February 3, 2000, an inspection was conducted by an agent of the Department with another state employee, Misty Wetherington. Mr. Purcell advised the agent from the Department that the parent of JR was not notified immediately after the child fell from the playground equipment. The Parent was finally notified when the child was picked up from the program on January © 24, 2000, the day of the incident. 6. The acts and practices described in Paragraph 5 is a violation of Rule 65C- 22.004 (3) (d) (2), Florida Administrative Code which requires, custodial parents or legal guardians shall be notified immediately in the event of any serious illness, accident, injury, or emergency to their child. The Department is imposing a fine of $100.00. TOTAL ADMINISTRATIVE FINE IS $1 00.00 ela oni il hl i i NOTIFICATION OF RIGHTS 7. You, as Petitioner, have a right to request an administrative hearing, to be represented by counsel or other qualified representative, give parties or their counsel an opportunity, at a convenient time and place, to present the agency or hearing officer written or oral evidence in opposition to the action of the agency or to its refusal to act, = | or written statement challen justify its acti inacti ging the grounds upon which the’ agency has chosento (a) Any hearing request or answer to this a stra be made in writing and the response should include the following: = (1) The name and address of each agency affected and each __ agency's file or identification number, if known. fotnes 1 othe (2) The name, address, and telephone number of the petitioner, the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposed during the course of the proceeding and an explanation of how the petitioner's substantial interest will be affected by the agency determination. 2 62 ee SPR nea (3) A statement of when and how the petitioner received notice of the agency decision. none, the petition must so indicate. oo (5) A concise statement of the ultimate facts alleged, as well as, the rules and statutes which entitle the petitioner to relief, and 7 : ; (6) A demand for relief. (b) Exceptforgood cause: ' Request for Hearing shall be presumed admitted, (2) Failure to raise a particular defense in the Request for Hearing will be considered a waiver of such defense. (c) Any new matter raised in the Request for Hearing shall be presumed to be denied by the Department. (d) Evidence shall not be taken on any issue not raised in the (4) A statement of all disputed issues of material fact. Ifthere are (1) Factual matters alleged in this complaint and not denied inthe . Sins lel a Fs administrative complaint and Request for He ring . (e) If the Petitioner desires to request a hearing, you must forward your request to: _ ; : . Department of Children and Familie: Cross Program Licensing Post Office Box 60085 * Fort Myers, Florid ~ Attn: Nancy Starr 8. This administrative complaint is issued pursuant to Section 120. 69 and. oes 120.57 Florida Statutes. Any proceeding concerning this complaint shall he conducted —~ pursuant to the Model Rules of Procedure, Florida Administrative Code, Chapter 28. 9. The Petitioners are given full notice of this agency action. Unless a request - for a hearing is received by the department within thirty (30) days after receipt of this complaint, the Petitioner has waived the right to contest this action and this administrative complaint becomes final order of the department. : STATE OF FLORIDA - DEPARTMENT OF CHILDREN AND FAMILIES Sarah Jarabek, Jena de Cross Program Licensing Eugertie Rehak Bar #255084 District Legal Counsel P.O. Box 60085 : Fort Myers, Florida 33906 : Certificate of Service | HEREBY CERTIFY that a true and correct copy of the foregoinghas been. =. furnished by Certified Mail, Return Receipt Requested, Certificate #Z 179 018363, this (o* day of FAeei\ , 2000: Cherry Aschenbrnner, Applicant/Owner: Charlotte County Family YMCA, at 22425 Edgewater Drive, Port Charlotte, FL 33980., STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES cc: Nancy Starr. Eugenie Reha Sarah Jarabek FH a nee nent ne ee isay eborah Motley Cross Program Licen: ing P.O. Box 60085 © : Fort Myers, Florida 33906

Docket for Case No: 00-002456