Petitioner: WELLINGTON ACADEMY, INC.
Respondent: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Judges: LAWRENCE P. STEVENSON
Agency: Department of Children and Family Services
Locations: Fort Myers, Florida
Filed: Aug. 29, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, September 20, 2002.
Latest Update: Dec. 25, 2024
14-3399
Soph oom
STATE OF FLORIDA wo.
DEPARTMENT OF CHILDREN AND FAMILIES Aug 2 tee Fe
pgkliys, MM:
IN THE MATTER OF: Wy ele,
A Civil Penalty Against
Wellington Academy, Inc. LEE COUNTY .
aya ge yy
‘i er
ADMINISTRATIVE COMPLAINT JUL 1.6 2002
Nature of the Case DCF Devarinient Clerk
1. This case arises from the Child Care Facility’s failure to comply with
Chapters 402 and 435, Florida Statutes, and Rule 65C-22, Child Care Standards
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 Chapter 402, Florida Statutes.
4. On May 9, 2001, Faye O. Jones, identifying herself as the owner of
Wellington Academy, Inc., made application to operate a child care facility known
as Wellington Academy, Inc., 4412 SE 15" Avenue, Cape Coral, Florida 33904.
5. On June 30, 2001, the department issued an annual license, #088503,
effective June 30, 2001 to June 30, 2002.
6. During a routine inspection on January 9, 2002, it was noted that two
employees, Margaret Boutiron and Marjorie Kendall, did not have their fingerprint
card submitted in a timely manner. Ms. Boutiron was hired on May 29, 2001 and
there was no hire date for Ms. Kendall.
7. On January 9, 2001, the facility was sent an administrative warning
letter advising any further violations with regards to background screening would
result in administrative action.
8. On May 29, 2002, an agent from the Department conducted a routine
inspection and found three (3) employees, Megan Lynch, Jennifer Santiago and
Kelly Wemple, had not been properly screened in a timely manner.
9. Megan Lynch was hired March 5, 2002, and the required screening
materials should have been submitted on or before March 19, 2002. Ms. Lynch’s
screening materials were not submitted to Florida Department of Law
Enforcement until May 7, 2002. Thereby, the facility was out of compliance for
34 working days.
10. Jennifer Santiago was hired March 4, 2002, and the required
screening materials should have been submitted on or before March 18, 2002.
Ms. Santiago's screening materials were not submitted to Florida Department of
Law Enforcement until May 15, 2002. Thereby, the facility was out of compliance
for 41 working days.
11. Kelly Wemple was hired March 11, 2002, and the screening materials
should have been submitted on or before March 22, 2002. Ms. Wemple’s
screening materials were not submitted to Florida Department of Law
Enforcement until April 22, 2002. Thereby, the facility was out of compliance for
21 working days.
42. The acts and practices described in paragraphs 9-through 11 are
violations of Sections 402.305(2)(a), 402.3055, Chapter 435.04, 435.05 and Rule
65C-22.006(5), Florida Administrative Code, which requires that all child care
personne! meet the background screening requirements and that child care
personnel fingerprints be submitted to the Florida Department of Law
Enforcement within 10 working days from the date of hire for any employee hired.
The Department is also imposing a $50.00 fine per day per employee for a total
of 96 days of non-compliance with screening requirements for a total fine of
$4,800.00.
TOTAL ADMINISTRATIVE FINE IS $4,800.00
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 28-106.201 or Rule 28-160.301, 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. ;
To request a hearing, please forward requests to:
Department of Children and Families
Consumer Protection and Licensing
Post Office Box 60085
Fort Myers, Florida 33906
Attn: Nancy Starr
STATE OF FLORIDA,
DEPARTMENT OF CHILDREN AND FAMILIES
(\— oSy JV)
Mary Allyn Madore, Supervisor
Consumer Protection and Licensing
ugenie Rehak Bar #25 BH # OFOSESEF
District Legal Counsel
P. O. Box 60085
Fort Myers, Florida 33906
Certificate of Service
! HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by Regular Mail and Certified Mail, Return Receipt Requested,
Certificate # 7000153000! 273fb218 this _1§* day of rts
2002 to Faye O. Jones, Registered Agent for Wellington Agademy, Inc., 5244
Ramsey Way, Fort Myers, Florida 33907.
STATE OF FLORIDA,
DEPARTMENT OF CHILDREN AND FAMILIES
Michelle Molloy "
Consumer Protection and Licensing
P, O. Box 60085 _
Fort Myers, Florida 33906
(941) 338-1341
fy
Mey Fp
/
jg Pm
WELLINGTON ACADEMY yy, =
12734 KENWOOD LN #39 aol SF Ahi 9,
FORT MYERS, FL. 33907 Hesigee
239-274-0555 ANgs.
August 14, 2002
Agency Clerk DCF |
Department of Children and Families ws
1317 Winewood Blvd., Bldg. 2, Room 204
Tallahassee, FL. 32399-0700
I am in receipt of your letter dated July17 and received July 25, 2002 in reference to the
proper information required for submitting a request for an administrative hearing. Enclosed
is the information required to set up an appointment for a hearing date.
1. The name and address of each agency affected and each agency’s file or
identification number if known:
Department of Children and Families
District Eight
P.O. Box 60085
Fort Myers, Fl. 33906-0085
Michelle Molloy, Licensing Counselor
2. The name, address and telephone number of the person who is asking for the
hearing (the petitioner):
Faye O. Jones, President
Wellington Academy, Inc.
12734 Kenwood Lane, #39
Fort Myers, Fl. 33907
239-274-0555
3. The name, address and telephone number of the petitioner’s representative, if
any:
No Petitioner Representative
Wellington Academy’s legal advisor is:
Fowler, White, Boggs, Banker
Garey F. Butler
Fort Myers, FL.
239-334-7892
4. A explanation of how the petitioner’s substantial interests are or will be affected
by the agency decision:
The agency’s decision could affect the petitioner’s enrollment status since childcare
records are public information and perspective clients are encouraged to review these
records. Wellington Academy, Inc. has been in operation for seventeen years in Lee
and Brevard counties and has never experienced an administrative warning let alone
an action of such magnitude. Wellington Academy is also in the process of being
nationally accredited and this would greatly affect this process. The Academy is a
quality childcare center that takes pride in providing benefits and competitive wages
to its employees. The suggested fine of $4,800 would greatly hinder the company in
continuing with these benefits. The fine quoted is more than the annual tuition of one
child.
. A statement of when and how the petitioner received notice of the agency
decision.
The first time the petitioner received any notice of a violation was June 20, 2002.
The petitioner never received a warning or any communication on any deficiencies
with regards to background screening.
e Warning notice was sent to 4412 SE 15" Ave. Cape Coral, FI.
¢ Violation certified letter was sent to 5244 Ramsey Way, Fort Myers, FI.
33907
e Florida Statutes and hearing notification procedures were sent to 12734
Kenwood Ln. #39, Fort Myers, Fl. 33907
When the warning letter was sent to the school location the Director did not
interpret it to be a warning because she had submitted to Ms. Molloy, Licensing
Counselor via mail her corrections relating to non-compliance concerns prior to
receiving the letter. During the on sight inspection the Director had stated to Ms.
Molloy that one of the teachers in question was a transfer from another childcare
center so Ms. Molloy said she would obtain the required papers for our files. The
Director and employee were not having any luck obtaining the employment
papers from the previous childcare employer. The letter sent to the school was
addressed to Ms. McGuire and stated that if the non-compliance concerns were
not corrected it could not would lead to a violations fine. May I point out that
Ms. McGuire is not the registered agent of Wellington Academy nor is the school
address the address of the owner or registered agent. I don’t feel you can warn
one person and fine another. I also believe to mail a warning to one address and
the violation to another proves the failure of DCF to provide proper notice to the
petitioner. Consistency is always a trait we long for in the inspection of our
childcare centers.
A statement either that the petitioner does not dispute the facts upon which the
district relied in making its decision OR a statement that the petitioner does
dispute those facts along with a list of the facts in dispute:
ADMINISTRATIVE COMPLAINT
NATURE OF THE CASE
This case arises from the Child Care Facility’s failure to comply with Chapters 402
and 435, Florida Statutes, and Rule 65C-22, Child Care Standards. Petitioner agrees.
This is an administrative action for imposition of civil penalties per known incidents
of occurrence as authorized in Chaper 402-310, Florida Statutes. Petitioner agrees.
On May 9, 2001, Faye O. Jones, identifying herself as the owner of Wellington
Academy, Inc., made application to operate a childcare facility known as Wellington
Academy, Inc. 4412 SE 15" Avenue, Cape Coral, Florida 33904. Petitioner agrees.
On June 30, 2001, the department issued an annual license, #088503, effective June
30, 2001 to June 30, 2002. Petitioner agrees.
During a routine inspection on January 9, 2002, it was noted that two employees,
Margaret Boutiron and Marjorie Kendall, did not have their fingerprint card
submitted in a timely manner. Ms. Boutiron was hired on May 29, 2001 and there
was no hire date for Ms. Kendall. Petitioner statement is: District 8 counselor, Michelle
Molloy inspected the school on September 4, 2001 and per her records no documentation was
written up that Margaret Boutiron was in violation of any screening regulations. Petitioner does
agree that Margaret Boutiron was hired on May 29, 2001 and since the Academy has not
experienced any screening violations in the history of its operation (over 10 years) and the inspector
did not note any failure of compliance on this employee, I do not feel violation fines should be
enforced. Ms. Boutiorn was terminated on February 22, 2002. Marjorie Kendall was hired on
December 10, 2001 and terminated on January 7, 2002. This time period of employment was during
the holidays in which Wellington was closed on the major holidays plus partial opening on
Christmas Eve and New Year Eve. Please note that Cape Coral Police Department no longer will
do fingerprints. Cape Coral is where the Academy is located.
On January 9, 2001, the facility was sent an administrative warning letter advising
any further violations with regards to background screening would result in
administrative action. Petitioner strongly disagrees with this statement. It is not factual. Check
your dates. The Administrative Complaint states the year is 2001.
On May 29, 2002, an agent from the Department conducted a routine inspection and
found three (3) employees, Megan Lynch, Jennifer Santiago and Kelly Wemple, had
not been properly screened in a timely manner. Petitioner agrees that the dates documented
were not submitted in a timely manner, however the Director statement was that she had submitted
them earlier. The Director stated to me and to the counselor that she had experienced problems with
the mail service. Ms. Molloy must have also experienced delay in mail services because 21 days
after the expiration of our childcare license we had not received the renewal license (this was
another Wellington location). DCF failed to provide the register agent of Wellington Academy a
license to operate a childcare center in a timely manner. This caused the corporation to be out of
compliance. When Ms. Molloy was notified by a Wellington representative that we had not received
our license, it still took her over 10 days to provide us with the document.
The acts and practices described in paragraphs 9 through 11 are violations of Sections
402.305(2)(a), 402.3055, Chapter 435.04, 435.05 and Rule 65C-22.006(5), Florida
Administrative Code, which requires that all child care personnel meet the
background screening requirements and that child care personnel fingerprints be
submitted to the Florida Department of Law Enforcement with 10 working days from
the date of hire for any employee hired. The Department is also imposing a $50.00
fine per employee for a total of 96 days of non-compliance with screening
requirements for a total fine of $4,800. Petitioner’s statement: It would be a tremendous
burden to pay a $4,800 fine. This amount is more than an annual tuition for a child enrolled at the
Academy. Teachers and Administrators would not receive their annual increases. To prevent this
kind of non-compliance from ever occurring again, I have personally initiated new policies and
actions outlining the compliance of all Florida Statues. The Corporate Officers of Wellington
Academy are now taking responsibility for the reviewing and submitting of employee’s records
weekly. The Director of the Academy has been given an employment probation warning. The
Director of the Academy has been a valued employee of Wellington since 1993 and is very
remorseful concerning this situation. She fully understands that this type of management is not
acceptable and if Florida Statutes are not adhered to, her professional relationship with Wellington
Academy will no longer be a mutual rewarding situation.
If facts are in dispute, a statement of the facts as the petitioner perceives them to
be: Refer to petitioner’s comments in section number 6.
8. A statement of the specific rules or statutes that the petitioner believes require
the agency to reverse or modify its decision:
T am not a legal expert and not familiar with all the statutes so I will state my issues
instead of the rules.
Discrimination - There are other childcare centers that have openly admitted
to me their failure to submit fingerprints in a timely manner. As the owner of
four childcare centers in the state of Florida I have personally witnessed the
inconsistency of inspections. Example: employees have applied for teaching
positions at Wellington and have worked at other local childcare centers for
many months. When we tell them that they have to get their fingerprint
papers from their previous employer or be reprinted, they have no idea what
we are talking about.
Intent To Impose An Administrative Action. The letter of January 9, 2002
was not submitted on the DCF form, which states it is an INTENT TO
IMPOSE AN ADMINISTRATIVE ACTION. This form also explains in
detail the definitions of the different class actions, gives examples, and fine
ranges. As the owner of Wellington Academy I have never received any
detailed information about Class Actions. To support my case the DCF
administration in Tallahassee had to send me detailed information on how to
appeal this case. When I called the local DCF office they gave me the wrong
information. My point is, if you are going to govern the operations of child
care centers you have to provide accurate information to the caregivers and
use correct forms.
Fine - If the concern of the violations were of the magnitude to fine a school
$4,800, then why did DCF not question the non-compliance issues before
renewal of the license.
DCF - Why can Wellington be fined when the counselor took 21 days to
provide Wellington Academy, at another location their renewed childcare
license? Timely manner should apply to all parties. Operating with an
outdated license is more serious than screening violations. DCF can’t be the
maker of rules, the judge, the enforcer and the Jury unless everyone abides by
the same rules.
Record Keeping - Per the computer generated reports given to the childcare
centers by the counselors, personnel records is under the heading RECORD
KEEPING (65C-22.006). Record keeping is a Class III violation and is the
least serious in nature.
A statement saying what action the petitioner wants the agency to take in the
matter
I am requesting the agency to dismiss the charges against Wellington Academy, Inc.
because it would be devastating to the standards the childcare center has established
and lived by for seventeen years. It would affect the future growth of Wellington in the
Lee county area because childcare records are public information and this fine would
not look good to investors or bankers. The Director of the Academy managing the
school that received these infractions is a long term Administrator and professionally
has paid the price for her failures as a representative of Wellington Academy. She is
very dishearten that she has caused the company to receive this kind of negative mark
New corporate procedures have been implemented to assure this does not happen again.
I believe in this Administrator and will stand beside and behind her. Since Wellington
Academy, Inc. is a corporation of many childcare centers the violations of one centers
affects all the Academies. All I am asking is that Wellington Academy be evaluated the
same as all other childcare centers in Lee County and if other centers have failed to
submit screening forms they too should be fined. May I also add that approximately
one year ago Ms. Molloy brought the local news paper reporters to Wellington
unannounced to do a walk through with her because the newspaper was doing an article
on what childcare inspectors do when they inspect a center. When I met with the
representatives at DCF about this visit, because it really put us on the spot, I was told
by Ms. Molloy that Wellington was chosen because we have fewer deficiencies than
any school in the area. Wellington Academy is a childcare center that has an excellent
reputation and received the “Blue Chip” award for being one of the most outstanding
businesses in Lee County and the State Of Florida.
Thank you in advance for your consideration on this matter. If I can assist you with
any additional information please feel free to contact me at 239-274-0555.
Docket for Case No: 02-003399
Issue Date |
Proceedings |
Sep. 20, 2002 |
Order Closing File issued. CASE CLOSED.
|
Sep. 19, 2002 |
Motion to Relinquish Jurisdiction (filed by Respondent via facsimile).
|
Sep. 05, 2002 |
Order of Pre-hearing Instructions issued.
|
Sep. 05, 2002 |
Notice of Hearing issued (hearing set for October 24, 2002; 9:00 a.m.; Fort Myers, FL).
|
Sep. 04, 2002 |
Joint Response to Initial Order (filed via facsimile).
|
Aug. 29, 2002 |
Administrative Complaint filed.
|
Aug. 29, 2002 |
Request for Hearing filed.
|
Aug. 29, 2002 |
Notice (of Agency referral) filed.
|
Aug. 29, 2002 |
Initial Order issued.
|