ar he ff STATE OF FLORIDA 826 ry DEPARTMENT OF CHILDREN AND FAMILIES EP > eo Department of Children and Families DCCO Docket No, 03-34 “25g : SunCoast Region .*. Mo DeSoto County ; Petitioner vs DeSoto Kiddie Kountry Klub Carolyn Shaver, Owner Respondent ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that after twenty-one (21) days from receipt of this complaint, the Department intends to revoke the license of DeSoto Kiddie Kountry Klub. As grounds for imposition of this penalty, the Department alleges as follows: (1) The Department of Children and Families, State of Florida, has jurisdiction over Respondent by virtue of the provisions of Chapter 402, Florida Statutes. (2) Respondent, DeSoto Kiddie Kountry Klub, 726 East Magnolia Street, Arcadia, Florida 34266 is licensed to operate child care facilities in compliance with Chapter 402, Florida Statutes, and Chapter 65C-22, F.A.C. (3) The Respondent has violated the provisions of Chapter 402, Florida Statutes and Chapter 65C-22, Florida Administrative Code, in that several deficiencies were cited at DeSoto Kiddie Kountry Klub, 726 East Magnolia Street, Arcadia, Florida 34266 as follows: a. On August 22, 2003, a child, L.H., was left sleeping on the facility bus. The driver, T.S., admitted to leaving the child on the bus while she talked to a mechanic. Asecond staff member, A.C., conducted a sweep of the bus and also left the child on the bus. The mother of the child L.H. arrived at approximately 3:30 p.m. to pick up her two children and the facility staff could not BT 7ACHNENT I locate the child L.H. After fifteen to twenty minutes of looking, another child called out that L.H. was still on the bus at which time L.H. was located. The child was asleep on the bus anywhere from fifteen minutes to forty-five minutes in the mid-afternoon (3:00 p.m. to 3:45 p.m.), the hottest time of the day in the month of August. This is in violation of Rule 65C-22.001(5), Florida Administrative Code, which states that direct supervision means watching and directing children’s activities within the same room or designated outdoor play area and responding to each child’s needs. The transportation log for August 22, 2003 did not have L.H.'s name checked off, however both T.S. and A.C. signed the transportation log verifying that all children had left the bus. This is in violation of Rule 65C-22.001(6)(f)(1)(2)(3), Florida Administrative Code. Rule 65C- 22.001(6)(f)(1), Florida Administrative Code, states that a log shall be maintained for all children being transported in the vehicle. The log shall include each child's name, date, time of departure and time of arrival, signature of driver and signature of second staff member to verify the driver's log and the fact that all children have left the vehicle. Rule 65C-22.001(f)(2), Florida Administrative Code, states that upon arrival at the destination the driver of the vehicle shall: (a) mark each child off the log as the child departs the vehicle, (b) conduct a physical inspection and visual sweep of the vehicle to ensure that no child is left in the vehicle, and (c) sign the fog verifying that all children were all accounted for and that the visual sweep was conducted. Rule 65C-22.001(f)(3), Florida Administrative Code, states that upon arrival at the destination a second staff member shall: (a) conduct a physical inspection and visual sweep of the vehicle to ensure that no child is left in the vehicle, and (b) sign the log verifying that all children were accounted for and the driver’s log is complete. Results of a drug screening conducted on T.S. on August 28, 2003, the driver of the bus, indicate positive for cocaine; a drug screening conducted for A.C. on August 28, 2003, a driver of the facility’s bus and who allegedly checked the bus on August 22, 2003, also indicated positive for cannabinoid, both prohibited substances. On July 11, 2003, a routine inspection was conducted at the facility. The facility was cited for being in noncompliance with Rule 65C-22.001 (5)(a), Florida Administrative Code, - Supervision Direct which states that direct supervision means watching and directing children’s activities within the same room or designated outdoor play area and responding to each child’s need. One child was seen by the licensing counselor going into the facility from the playground and walking around the facility unsupervised. Another child was seen wandering around the facility unsupervised. On a third occasion three children were observed leaving the playground and returning to the facility. The facility was warned by the licensing counselor that staff must ensure that children leaving the play area and returning to the facility are properly supervised at all times. The licensing counselor notified the facility that corrective action was being pursued. During a re-inspection conducted on July 25, 2003, the violation had been corrected. On February 13, 2003, a child, D.E., wandered out of the center and towards a busy highway. The front door had been left open and the teacher, L.C. was unaware that the door was open or that the child had left the center. A passing motorist had to stop and take the child back to the daycare center. The center is located adjacent to a very busy highway. This is in violation of Rule 65C- 22.001(5), Florida Administrative Code, which states that direct supervision means watching and directing children’s activities within the same room or designated outdoor play area and responding to each child’s need. A civil penalty of Five Hundred Dollars ($500.00) was imposed pursuant to an administrative complaint number 03-06 issues on April 11, 2003. The fine was paid. On March 20, 2003, this facility was issued a Provisional License effective until September 19, 2003. The goal was to continue technical assistance involving monthly visits to guide this facility to maintain a higher quality of minimum standards concerning the rules and statutes that regulate child care facilities and continue to assist with continued severe and not as severe non-compliance items. The facility was placed back on an annual license on June 24, 2003, due to being in compliance with licensing regulations. During a re-inspection conducted on December 2, 2002, the facility was cited for violation of Rule 65C-22.001(6)(f)(1)(2)(3), Florida Administrative Code by not properly keeping a transportation log. Rule 65C-22.001(6)(f}(1), Florida Administrative Code, states that a log shall be maintained for all children being transported in the vehicle. The log shail include each child’s name, date, time of departure and time of arrival, signature of driver and signature of second staff member to verify the driver's log and the fact that all children have left the vehicle. Rule 65C-22.001(f)(2), Florida Administrative Code, states that upon arrival at the destination the driver of the vehicle shall: (a) mark each child off the log as the child departs the vehicle, (b) conduct a physical inspection and visual sweep of the vehicle to ensure that no child is left in the vehicle, and (c) sign the log verifying that all children were all accounted for and that the visual sweep was conducted. Rule 65C-22.001(f)(3), Florida Administrative Code, States that upon arrival at the destination a second staff member shall: (a) conduct a physical inspection and visual sweep of the vehicle to ensure that no child is left in the vehicle, and (b) sign the log verifying that all children were accounted for and the driver's log is complete. Only one signature appeared on the log for that morning’s route. T.S. stated she was the second staff member conducting the visual sweep. She signed the transportation log and the violation was corrected at the time of the reinspection. The facility was warned that transportation logs must contain the signature of the driver and a second staff member verifying that all children have exited the bus and that the log was to be signed at the time the bus is checked. During a routine inspection conducted on July 23, 2002, the facility was cited for violation of Rule 65C-22.001(6)(f)(1)(2)(3), Florida Administrative Code for improper completion of the transportation log. Rule 65C-22.001(6)(f)(1), Florida Administrative Code, states that a log shall be maintained for all children being transported in the vehicle. The log shall include each child's name, date, time of departure and time of arrival, signature of driver and signature of second staff member to verify the driver's log and the fact that all children have left the vehicle. Rule 65C-22.001(f)(2), Florida Administrative Code, states that upon arrival at the destination the driver of the vehicle shall: (a) mark each child off the log as the child departs the vehicle, (b) conduct a physical inspection and visual sweep of the vehicle to ensure that no child is left in the vehicle, and (c) sign the log verifying that all children were all accounted for and that the visual sweep was conducted. Rule 65C-22.001(f)(3), Florida Administrative Code, states that upon arrival at the destination a second staff member shall: (a) conduct a physical inspection and visual sweep of the vehicle to ensure that no child is left in the vehicle, and (b) sign the log verifying that ail children were accounted for and the driver’s log is complete. The transportation log was not being marked properly. The facility was warned that the children must be checked in and out at each destination and upon returning to the center and two signatures were needed on the log as.required by Rule 65C-22.001 (6)(f)(1)(2)(3), Florida Administrative Code. The violation had been corrected at the time of the re-inspection, which was conducted on August 15, 2002. On October 16, 2001, during a renewal inspection, the facility was cited for violation of Rule 65C-22.001(6)(f)(1)(2)(3), Florida Administrative Code for improper completion of the transportation log. Rule 65C-22.001(6)(f)(1), Florida Administrative Code, states that a log shall be maintained for all children being transported in the vehicle. The log shall include each child's name, date, time of departure and time of arrival, signature of driver and signature of second staff . member to verify the driver's log and the fact that all children have left the vehicle. Rule 65C-22.001(f)(2), Florida Administrative Code, states that upon arrival at the destination the driver of the vehicle shall: (a) mark each child off the log as the child departs the vehicle, (b) conduct a physical inspection and visual sweep of the vehicle to ensure that no child is left in the vehicle, and (c) sign the log verifying that all children were all accounted for and that the visual Sweep was conducted, Rule 65C-22.001(f)(3), Florida Administrative Code, States that upon arrival at the destination a second staff member shall: (a) conduct a physical inspection and visual sweep of the vehicle to ensure that no child is left in the vehicle, and (b) sign the log verifying that all children were accounted for and the driver's log is complete. The facility was not logging in departure and arrival times and not having a second staff person conduct a visual sweep and sign the log. During re-inspections conducted on October 30, 2001 and November 13, 2001, the facility was found to be still out of compliance for the transportation log. Signatures on the transportation log were still needed. By the reinspection conducted on November 28, 2001 the transportation log violation had been corrected. Corrective action was taken on March 29, 2002. On September 21, 2001, a complaint was received alleging inadequate supervision at the facility. During an onsite visit facility was found to be in violation of Rule 65C-22.001(5), Florida Administrative Code, which states that direct supervision means watching and directing children’s activities within the same room or designated outdoor play area and responding to each child’s need. Children were observed going in and out of the facility to use the interior bathroom as the outdoor accessible bathroom was not working. No adult supervision was being provided by the facility. Corrective action was taken on March 29, 2002. j. On July 23, 2001, the facility was cited by District 8 for direct supervision and issued an administrative warning letter. k. On May 18, 2000, two children, A.B. and J.R., were left in the bathroom at a Hardee's Restaurant, unsupervised, in violation of Rule 65C-22.001(5), Florida Administrative Code, which states that direct supervision means watching and directing children’s activities within the same room or designated outdoor play area and responding to each child’s need. The driver, T.S., had not counted the children before leaving the restaurant or noticed them missing. A civil penalty of Five Hundred Dollars ($500.00) was originally imposed by District 8 but as a result of a joint stipulation, the fine was reduced to Two Hundred Fifty Dollars ($250.00). I, On March 4, 1999, the facility was cited by District 8 for inadequate supervision and ratio violations as a result of a complaint received and was fined Fifty Dollars ($50.00). (4) Notice was provided in writing to Respondent of the above violations. (5) Respondent is notified of the right to an administrative formal or informal hearing pursuant to Section 120.57, Florida Statutes; to be represented by counsel (at their expense); to take testimony, to call or cross examine witnesses or to have subpoena duces tecum issued, and to present written evidence or argument if she requests a hearing. Chapter 28-206, Part Hl, Florida Administrative Code constitutes the Department's procedural rules for administrative proceedings under Section 120.57 (1), Florida Statutes. Any request for an administrative hearing must conform to the requirements in Rule 28-106.201, Florida Administrative Code (copy enclosed) and must state which issues of material fact you dispute. Failure to dispute material issues of fact in your request for a hearing may be treated by the Department as an election by you of an informal proceeding under Section 120.57 (2). Florida Statutes. in a formal hearing, the ’ hearing officer is from the Division of Administrative Hearings. In an informal hearing, the hearing officer is one of the Department's employees, usually an attorney within the Department. All requests for hearings shall be made to the Department of Children and Families, Suncoast Region Legal Counsel, (Attention: Raymond R. Deckert), 9393 North Florida Avenue, Room 905, Tampa, Florida 33612 (Telephone (813) 558-5513). (6) RESPONDENT IS FURTHER NOTIFIED THAT FAILURE TO REQUEST A HEARING WITHIN TWENTY-ONE (21) DAYS OF RECEIPT OF THIS COMPLAINT WILL RESULT IN AN ADMISSION OF FACTS ALLEGED IN THE COMPLAINT; WAIVER OF YOUR RIGHT TO A HEARING, AND THE ENTRY OF A FINAL ORDER BY THE DEPARTMENT. A REQUEST FORA HEARING MUST BE RECEIVED BY THE DEPARTMENT WITHIN 21 DAYS FROM RECEIPT, NOT COUNTING THE DAY OF RECEIPT. | hereby certify that a true copy hereof was sent United States Certified Mail, Return Receipt Requested, to DeSoto Kiddie Kountry Klub, 726 East Magnolia Street, Arcadia, Florida 34266. on the 5 of. Seple mle , 2003. STATE OF FLORIDA COUNTY OF _H ilfs ough 4h The foregging instrument was acknowle before me this day of Sepnte , 2003 by. GVQQr2 2 2 who is personally Signature Rebecca L. Randolph Notary Public : L Rondobh cs cc: SunCoast Region Legal Offi¢é MY COMMESION Seen

Docket for Case No: 03-003534