Z ‘ " aS : DEPARTMENT OF CHILDREN AND Fag iis 4 FILED ‘ Aogliis.. Mo. gQANA 2 2001 >, DCF Department Clerk IN THE MATTER OF: A Civil Penalty Against Carolyn Shaver, Registered Agent DeSoto Kiddie Kountry Klub, Inc. DESOTO COUNTY O1-OaL00 ADMINISTRATIVE COMPLAINT Nature of the Case 1. This case arises from the child care facility’s failure to comply with Section 402.305, Florida Statutes and Florida Administrative Code 65C-22 with respect to direct supervision of children. 2. This is an administrative action for imposition of civil penalties per known incidents of occurrence as authorized in Section 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 Section 402, Florida Statutes and Florida Administrative Code 65C-22. 4. On or about November 15, 1999, Carolyn Shaver, identifying herself as the owner, made application to the Department to operate a child care facility known as Kiddie Kountry Klub, Inc., located at 726 East Magnolia Street, Arcadia, Florida 34266. An annual license was issued on December 31, 1999, certificate # 087459 5. On May 30, 2000 the licensing unit received a consumer complaint stating that two children, AB and JR, were left behind at Hardees after eating lunch as part of a field trip. AB and JR were aged three and four years. Several agents of the Department were involved in the investigation of this complaint. 6. During this investigation, agents of the department learned there had been twenty-four (24) children ages three years and up on a field trip held on May 18, 2000. Three (3) staff were on the field trip with the children. Tina Shaver was the bus driver and a caregiver. Jennifer Otero was the teacher and Joan Williams was her aid. 7. All the children and teachers went into Hardees to eat lunch. After lunch, everyone returned to the bus preparatory to going to a park. Prior to leaving either Tina Shaver or Joan Williams took a roll call by name. Joan Williams later stated she believed she heard a answer to every child’s name. A head count of children by number was not taken at ardees. Kiddie Kountry Klub, Inc. Page 2 8. When the bus arrived at the park a head count was taken and staff discovered that two (2) children were missing. The center director was contacted. She cancelled the rest of the field trip. As she was leaving to look for the children at Hardees, Hardees staff returned the children to Kiddie Kountry Klub, Inc. The girls had been in the rest room and had come out to find the bus was gone. According to the center’s own incident report, there was a lapse in time of about thirty (30) minutes that the children were separated from their caregivers and the other children. 9. Kiddie Kountry Klub, Inc. disciplined the three (3)staff. Ms. Tina Shaver received a loss of two (2) days earned leave with pay. Ms. Jennifer Ortero received a loss of one (1) day earned leave with pay. Ms. Joan Williams received a reprimand. 10. The acts and practices described in paragraphs seven (7) and eight (8) are violations of Florida Administrative Code 65C-22.001(5) regarding supervision of children. The code requires direct supervision of children which means watching and directing children’s activities within the same room or designated outdoor play area and responding to each child’s need. Child care personnel must be assigned to provide direct supervision to a specific group of children and be present with that group of children at all times. This incident was an extremely serious violation of direct supervision requirements. The licensing unit acknowledges that Kiddie Kountry Klub, Inc. did take disciplinary action against the employees involved. However, supervision has been an issue at this facility in the past. The facility was fined in 1997, 1998 and 1999 for lack of direct supervision. In addition, on May 31, 2000 during an inspection connected with this complaint, the licensing counselors observed two other instances of lack of direct supervision. In this matter, the Department hereby imposes a fine of $500.00. TOTAL ADMINISTRATIVE FINE IS $500.00. NOTIFICATION OF RIGHTS Should you wish to appeal this action, you may request a hearing by making a written request pursuant to Chapter 120, Florida Statutes. This request must comply with Rule 28-106.21 or Rule 28-106.301, Florida Administrative Code, or else it will be dismissed. The request for an administrative hearing must be made in writing and received no later than 21 days from the date you receive this notice. Failure to timely request an administrative hearing shall constitute a complete waiver of any right you may have to challenge the department’s decision. You must forward your request to: Department of Children and Families Cross Program Licensing Post Office Box 60085 Fort Myers, Florida 33906 Attention: Nancy Starr Kiddie Kountry Klub, Inc. Page 3 STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES Sarah Jarabek, Supervisor Cross Program Licensing el f AS im Eugenie Rehak Bar # 255084 District Legal Counsel P.O. Box 60085 Fort Myers, Florida 33906 Certifi € Servi I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Regular and Certjfied Mail, Return Receipt Requested, Certificate #7000 0520 0012 3021 4197 this JX Liay of "Do te nnedaor2000 to: Carolyn Shaver, Registered Agent, DeSoto Kiddie Kounty Klub, Inc. 726 E. Magnolia Street, Arcadia, Florida 34266 STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES Sarah Jarabek : Cross Program Licensing P.O. Box 60085 Fort Myers, Florida 33906

Docket for Case No: 01-000260