STATE OF FLORIDA P “| L E D DEPARTMENT OF CHILDREN AND res NOV 2 @ 297 IN THE MATTER OF: OL 208 A Civil Penalty Against AD : Helen Sooley and Joann Lambertson Forever Young Child Care’ ADMINISTRATIVE COMPLAINT sop ncte neem Nature of the Case i 1. This case arises from the Child Care Facility’s failure to comply with Section 402.305, e Florida Statutes, and Rule 65C-22, Florida Administrative Code. F 2. This is an administrative action for imposition of civil penalties per known incidents of " occurrence as authorized in Chapter 402.310, Florida Statutes. x 3. The State of Florida, Department of Children and Families is the administrative agency of the . E State of Florida charged with the duty to enforce and administer the provisions of Chapter 402, . Florida Statutes. ; F 4. Helen Sooley and Joann Lambertson, identifying themselves as the owners and operators, made application to the Department to operate a child care facility known as Forever Young E Child Care located at 865 95" Avenue North, Naples, Florida 34108. On March 31, 2001 an i annual license was issued, certificate # 086399, which is valid until March 31, 2002. i 5. On August 30, 2001, a licensing counselor conducted a routine inspection of Forever Young. It was noted during the inspection that several employees did not have verification on file that they had started or completed the required 40 hours of training. The employees lacking documentation of the training are Melodi Oliveri, date of hire December 15, 2000, Mercedes Ortiz, date of hire September 25, 2000, Jennifer Pekerosky, date of hire September 25, 2000, and Maria Parchment. There was not a date of hire documented in Ms. Parchment’s personnel file. The facility was given until September 9, 2001 to correct the deficiencies. 6. During the inspection on August 30, it was also noted that Maria Parchment’s fingerprint card ., was still in her personnel file, therefore it was never submitted to the Florida Department of Law Enforcement. Ms. Parchment’s date of hire was not documented in her personnel file. However, the fingerprint card was dated October 31, 2000. In addition, there was not a local law enforcement records check in Ms. Parchment’s personnel file. The facility was given until September 2, 2001 to submit the fingerprint card to FDLE and September 6, 2001 to have a completed local law check on file for Ms. Parchment. 7. On September 4, 2001, the Department issued a warning letter to Forever Young for the violations noted during the August 30th inspection. It was requested that Forever Young submit verification to the department that the before mentioned violations were corrected no later than September 10,2001. 8. On October 18, 2001, a licensing counselor conducted a recall inspection in order to verify previously cited deficiencies were corrected. On this date, there was no verification on file that Ms. Oliveri, Ms. Ortiz, Ms. Pekerosky or Ms. Parchment were enrolled in or had previously : k F ‘ F rer: se a completed the 40 hours of child care training. Ms. Parchment’s fingerprint card was submitted to FDLE on September 14, 2001 according to documentation in the personnel file. However, there still was not a completed local law check in Ms. Parchment’s file. 9. An administrative warning letter was previously issued to Forever Young on March 3, 2000, for violations with regards to background screening, training and TB testing. 10. The acts and practices described in paragraphs 5 and 8 are violations of Section 402.305 (2)(d), Florida Statutes, which states “Within 90 days of employment, child care personnel shall begin training to meet the training requirements and shall complete such training within 1 year of the date on which the training began. Exemption from all or a portion of the required training shall be granted to child care personnel based upon educational credentials or passage of competency examinations.” Furthermore, Chapter 65C-22.003(2)(c)2, regarding training requirements, states “The original certificate of completion is the property of the individual and a copy of the certificate must be included in the child care personnel record and maintained at each facility.” In this matter the Department hereby imposes a fine of $50.00 per employee per each day the deficiencies with regards to training were not corrected for a total of $5,600.00. 11. The acts and practices described in paragraphs 6 and 8 are violations of Section 435.04 (1), Florida Statutes, which states “All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of this subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies.” Furthermore, CF Pamphlet 175-2 states it is the responsibility of the owner/operator to ensure that a completed local criminal record check is on file within ten (10) days of employment. In this matter the Department hereby imposes a fine of $50.00 per day the violation, with regards to the local law check, was not corrected for a total of $1,500.00. : 12. The acts and practices described in paragraphs 6 and 8 are violations of Section 435.04 (1), Florida Statutes, which states “All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of this subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies.” Section 435.05 (1){a), Florida Statutes, states “Every person employed in a position for which employment screening is required must, within 5 working days after starting work, submit to the employer a complete set of information necessary to conduct a screening under this section.” Section 435.05 (1)(), Florida Statutes, states “For level 2 screening, the employer or licensing agency must submit the information necessary for screening to the Florida Department of Law Enforcement within 5 working days after receiving it” In this matter the Department hereby imposes a fine of $50.00 per day the violation, with regards to the fingerprint card, was not corrected for a total of $400.00. TOTAL ADMINISTRATIVE FINE: $7,500.00 ee Soper nRronr Pera SSR one ores NOTIFICATION OF RIGHTS Should you wish to appeal this action, you may request a hearing by making a wriften retidest thy pursuant to Chapter 120, Florida Statutes. This request must comply with Rulg 06.201 ot 0: O: 5 , Rule 28-106.301, Florida Administrative Code, or else it will be dismissed. "Bini. Th ie The request for an administrative hearing must be made in writing and received no A VE c twenty-one (21) days from the date you received 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. Request for an administrative hearing shall be submitted to: Department of Children and Families Consumer Protection and Licensing Post Office Box 60085 Fort Myers, Florida 33906 Attention: Nancy Starr STATE OF FLORIDA, . DEPARTMENT OF CHILDREN AND FAMILIES (V\ rv) 2 Mary Allyn Moore, Supervisor Consumer Protection and Licensing District Legal Counsel Post Office Box 60085 Fort Myers, Florida 33906 Certificate of Service I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Regular United States Mail and Certified Mail, Return Receipt Requested, Certificate # 7000 0520 0012 3059 2325 this day of , 2001 to Forever Young Child Care, 865 95" Avenue North, Naples, Florida 34108. STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES Willan - Trisha Williams, Child Care Licensing Consultant Consumer Protection and Licensing rr cere rete pee

Docket for Case No: 01-004579