. 3) 648-3336 Pp. 2 2 Nov 13 03 08:33a D1i4 DCF (86 Cf Ar 7 Yok 3 (ATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Florida Department of Children and Families, Petitioner, v. Child Care License No. 000000380 Special Treasures Preschool Anita Jones, Owner 120 Avenue E. S. W. Winter Haven, FL 33880 Respondent. ADMINISTRATIVE COMPLAINT ee eS The State of Florida, Department of Children and Families (DCF or the Department) files this administrative complaint against the special Treasures Preschool {the facility), Anita Jones, Owner, 120 Avenue E, S. W., Winter Haven, FL 33880. The Department proposes to revoke the facility's child care license for violations of Florida Statutes and the Florida Administrative Code. The Department alleges that: 1. The Department enfc.rces provisions of Chapter 402, Florida Statutes, and Chapter 65C-22, Florida Administrative Code (F.A.C.), pertaining to the operation of child care facilities licensed by the Department. in this complaint, the Department uses information from the Florida Abuse Hotline Information System (FAHIS) by authority of section 39.201(6), Florida Statutes. 2. Special Treasures Preschool (the facility) is owned and operated by Anita Jones, 120 Avenue E, S. W., Winter Haven, Florida 33880, pursuant to child care facility Nov 13 G3 08:34a D114 ner i363) 648-3336 license number 000000380, fast ic~ued by the Department +n January 1, 2003. Anita Jones is also the director of the facility. COUNT ONE 3. On March 10, 2003, the Florida Abuse Hotline Information System (FAHIS) received report number 2003-034398 alleging lack of child supervision at the facility. A child, D. D., age four, was locked in a closet for fifteen to twenty minutes before he was discovered by staff. The report was closed with some indicators of inadequate supervision, caretakers present 4. On March 10, 2003, a Department child care licensing inspector visited the facility and found that staff were not within sight and nearing of all the children during nap time. During another inspection on March 26, 2003, a Department inspector found that four year old children were allowed to wander throughout the facility without supervision. 5. The above conditions violate Rule 65C-22.001 (5)(a) and (b), F.A.C., requiring that facility staff watch and direct children’s activities within the same room and remain present with the children a. ail times to respond to the children’s needs. COUNT TWO 6. During a routine inspection on March 10, 2003, a Department inspector found facility areas not clean or in good repair, including an unflushed toilet, a clogged air conditioner filter, and black grease on a stove hood. The inspector also found that children had access to dirty clothes .and bed linens. 7. At a re-inspection or May 5 2003, the Department's inspector again cited the facility for similar violations, namely, paper towels and tinen on the floor of the : 53) 648-3336 Nov 13 O03 08:34a D14 DCF (863 facility. An inspection on July 3, 2003, revealed the facility had frayed carpet which presented a tripping hazard to children. 8. The conditions violate Rute 95C-22.9G2c ic), FA.C., requiring that a child care facility must be clean and in good repair, free from hazards and vermin infestation. COUNT THREE 9. On March 10, 2003, a Department inspector found that children in the facility had access to Drano and other cleaning supplies including Lysol, bleach and spray disinfectant. 10. During a re-inspection on May 5, 2003, the Department's inspector found that children had access to MiracleGro fertilizer, and found an air sanitizer being used in a room where the children were sleeping 11. These conditions violate Rule 65C-22.002(1)(d), F.A.C., requiring that all areas and surfaces accessible to children shall be free of toxic substances and hazardous materials. COUNT FOUR 12. On March 10, 2003, the Department's inspector observed a facility fence that was not safe because of broken and missing pieces causing a gap sufficient for children to exit from facility premises. Routine re-inspections on May 5, July 3, and July 22, 2003 revealed similar violations including a fence less than four feet in height. 13. These conditions violate Rule 65C-22.002(4)(e), F.A.C., requiring a child care facility to maintain safe and adequate fencing, a minimum of four feet in height without gaps. 7 [ 8-3336 Nov 13 03 08:34a Di4 DCF (863) 64 COUNT FIVE 14. On March 10. Ma: 7 and July 3, 2002, < 3-9... anent inspector observed facility floor mats not covered with an impermeable surface. 15. This condition violates Rule 65C-22.002(5)(b), F.A.C., requiring that floor mats must have an impermeatile surface. COUNT SIX 16. On March 10, and May 5, 2003, a Department inspector observed facility children napping in spaces less than eighteen inches apart, and also saw a facility exit blocked with bedding. 17. These conditions violate Rule 65C-22.002(5)(e), F.A.C., requiring that a minimum distance of eighteen inches be maintained around individual napping and sleeping spaces and that all exits rernain clear in accordance with fire safety regulations. COUNT SEVEN 18. On March 10, May 5, and Juty 3, 2003, a Department inspector observed facility staff not washing their hands after changing childrens’ diapers and assisting children with toileting. 19. This violates Rule 65°-22.002(8)(b)1., F.A C. requi‘ing that facility staff must wash and dry their hands thoroughly after diapering children or assisting them with toileting procedures. COUNT EIGHT 20 On March 10 and July 3. 2003, a Department inspector did not find a resilient surface in the fall zones beneath the facility's climbing equipment for children. Pp. 1863) 648-3336 Nov 13 03 08:34a D14 DCF 21. ‘This violates Rule 65C-22.002(9)(b)3, F.A.C. requiring that a facility’s permanent playground equipr -"t must have grourc: cor: ~ ~» other resilient protective Surfaces under the equiprrerit ic reduce injuries to children if they should fall. COUNT NINE 22, On March 10, 2003 during a routine inspection, and also March 26, 2003 while investigating a complaint, the Department's inspector learned that facility staff did not share accident and incident reports with childrens’ parents the day they occurred. 23. This situation violates Rule 65C-22.004(2)(d)3., F.A.C., requiring a facility to document ai facility accidents and incidents, and share this information with the involved child’s custodial parent or legal guardian on the day of occurrence. COUNT TEN 24. On March 10, and again on July 3, 2003. a Department inspector cited the facility for failure to administer medication as directed, for retaining expired medication and for falsely documenting dispensed medication. The inspector found that facility staff persons were logging medications as having been given to children before the children actually received the medication. 25. These conditions violate Ruts 65C-22.004(3)(a) and (c), F.A.C., requiring facility staff to dispense all Presciption and non-prescription medication according to the written directions on the label and to return any expired medications to a child's custodial parent or legal guardian. ADMINISTRATIVE ACTION PROPOSED 26. For these violations, the Department proposes to revoke the facility's child Care license. ~ 636 48-3336 p.7 Nov 13 03 08:35a D14 DCF °363) & NE IFICATION OF RIGHTS 27. — Special Treasures Preschool, Anita Jones, Owner, has a right to request an administrative hearing within twenty-one (21) days of receiving this complaint; to be represented by an attorney or other qualified representative; to present testimonial and documentary evidence; to have subpoenas issued: to present argument; and other rights. Sections 120.569 and 120.57, Florida Statutes. 28. Any hearing cancerning this complaint shall be conducted pursuant to Chapter 120, Florida Statutes and Chapter 28-106, Florida Adininistrative Code. Any request for hearing must be made in writing and sent to the Department's attorney whose name and address appears below. A request shall include: a. The name and address of the Department and the case number above. b. The name. address and telephone number uf the person representing the respondent, which shall be the address for service Purposes during the course of any proceedings or hearing; and, an explanation of how the respondent's Substartial interests will be affected by the Department's action. c. A statement as to when and how the respondent received notice of the Department’s complaint. d. A statement of all disputed issues of materiat fact. If there are none, the request for hearing must indicate this e. A concise staten.cnt of the ultimate facts aileged, as well as, the rules or statutes, whicr: entitle tha respondent to relief. f. A statement of the relief sought by the respondent. 29. All factual allegations in this complaint which are not denied or disputed in the request for hearing or answer to this complaint shali be presumed admitted, and any defense not raised shall be considered waived, 30. THE RESPONDENT IS FURTHER NOTIFIED THAT FAILURE TO REQUEST AN ADMINISTRATIVE HEARING WITHIN TWENTY-ONE (21) DAYS OF c i383) 648-3336 Nov 13 03 08:35a D1i4 Der 4 RECEIPT OF THIS COMPLAINT WILL RESULT IN AN ADMISSION OF THE FACTS ALLEGED IN THE COMPLAINT AND THE ENTRY OF A FINAL ORDER BY THE DEPARTMENT. 31. This compiaint is made on October < , 2003. FLORIDA DEPARTMENT OF oH ynthia A. Schuler District 14 A\ ministrator \ fx , hy _A~./ rr Pat Hamilton, Supervisor ! Child Care Licensing 4720 Old Highway 37 Lakeland, FL 33813 EG SE Be State of Florida County of Polk Subscribed and swom to before me on October 3, 2003, by Pat Hamilton, an employee of the Department of Children and Families, who is personally known to me, ZL Marita L Ledford Vuk. bt COMMISSION # D0055153 ExpiREs Notary Public, State of Florida October 9, 2005 BONDED THRY TROY FAIN INBURANGE, ING F 863) 648-3336 Nov 13 03 08:35a Di4 DCF ( CERTIFICATE OF SERVICE The Department's counsel certifies that copy hereof has been sent by certified mail, return receipt requested, to {peciai Treasures Prescnool, Anita Jones,, Owner, and to Pat Hamilton, Child Care Licensing Supervisor, at the addresses shown below on October S , 2003. Copies to: Anita Jones, Owner Pat Hamilton, Supervisor Special Treasures PreSchool DCF Child Care Licensing 120 Avenue E, S. W. 4720 Old Highway 37 Winter Haven, FL 33880 Lakeland, FL 33813 Phone 813 293-2113 Phone 863 619-4138 Fax 863 648-3349

Docket for Case No: 03-004287