STATE OF FLORIDA 0 DEPARTMENT OF CHILDREN AND FAMILIES 22. rp > Adpa/ IN THE MATTER OF: 7 il A Civil Penalty Against Rose’s Kids, Inc. pin 9.9 uve Carousel Preschool and Child Care LEE COUNTY By tad aT ADMINISTRATIVE COMPLAINT Nature of the Case 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 April 30, 2002, Rose Pomeroy, identifying herself as the owner of Rose’s Kids, Inc., made application to operate a child care facility known as Carousel Preschool & Child Care , 3596 Evans Avenue, Fort Myers, Florida 33901. 5. On April 30, 2002, the department issued a provisional license, #086573, effective April 30, 2002 to October 31, 2002. 6. On July 10, 2002, an agent from the Department conducted a routine inspection. During this inspection, it was noted that the personnel files were incomplete and background Screening had not been timely submitted to the Florida Department of Law Enforcement for several employees. 7. Habecca Peoples was hired June 12, 2002, and the required screening materials should have been submitted on or before June 26, 2002. Ms. Peoples’ fingerprint card was found in her personnel file during the inspection. Thereby, the facility was out of compliance for in excess of 9 working days. 8. Uneka Brady was hired June 14, 2002, and the required screening materials should have been submitted on or before June 28, 2002. There was no documentation that Ms. Brady’s fingerprint card had been submitted to Florida Department of Law Enforcement. Thereby, the facility was out of compliance for in excess of 7 working days. On July 10, 2002, there was no documentation on file that Ms. Heyward had been screened accordingly. Thereby, the facility was out of compliance for in 150 days of non-compliance with Screening requirements for a total of seven thousand five hundred ($7,500.00) dollars. 12. There were three employees, Habecca Peoples (date of hire June 12, 2002), Rockelle Mitchell (date of hire April 18, 2002), and Tamara Heyward (date of hire January 14, 2002) who did not have an affidavit of good moral character Signed and notarized in their personnel files. The affidavit of good moral is required on or before the employee's first day of employment. 13. There were three employees, Rockelle Mitchell (date of hire April 18, 2002), Tamara Heyward (date of hire January 14, 2002) and Chantel Tivis (date of hire March 1 2, 2002) who did not have an employment affidavit signed and 15. There were three employees, Felicia Royal (date of hire January 7, 2002), Dana Royal (date of hire March 1, 1999) and Vinnette Escayg (date of hire October 26, 2001) who did not have a Florida Department of Law Enforcement rap sheet on file at the facility. These employees were transfers from another child care facility and did have the FBI clearance information on site. 16. The acts and practices described in Paragraphs 12 through 15 are violations of Chapter 65C-22.006(5), Florida Administrative Code which requires In this matter, the department is imposing a $50 fine per item missing in the employees’ files. There were a total of 15 missing items for a fine of seven hundred and fifty ($ 750.00) dollars. 17, On July 10, 2002, an agent from the Department conducted a routine inspection. Upon arrival, a child was observed unattended in a classroom. Staff responsible for the child were in another location of the facility tending to other children. 18. The acts and practices described in paragraph 17 is a violation of Rule 6 C-22.001(5), Florida Administrative Code which requires staff to watch hundred ($100) dollars. 19. During the July 10 inspection, the agent observed one Caregiver with thirty (30) children, ages 5 years and above. The required staff to child ratio is 4 to 25 children. Therefore, an additional adult was needed to be in compliance. 20. The acts and practices described in Paragraph 19 are a violation of Section 402.305(4)(a), Florida Statutes, which requires specific staff to child ratios. in this matter, the Department hereby imposes a fine for fifty ($50) dollars. 21. The facility received administrative warnings concerning these areas of deficiencies on November 16, 2001, March 26, 2002 and June 18, 2002. Furthermore, an administrative fine was Previously imposed on October 19, 2001 for violations of supervision. TOTAL ADMINISTRATIVE FINE IS $8,400.00 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 28-106.204 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 Mary Allyn M re, Supervisor Consumer Protection and Licensing ) | Eugenie Rehak Bar #255084 District Legal Counsel P. O. Box 60085 Fort Myers, Florida 33906 Certificate of Service furnished by Regular Mail and Certified Mail, Retugn Receipt Requested, Certificate # 1000 /53.0000127396379 this_A3“day ot uly : 2002 to Jean Lamb, Registered Agent for Rose’s Kids, iIn@, 5484 Ann Arbor Drive, Bokeelia, Florida 33922, 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

Docket for Case No: 02-003785