PAGE 4& a4/19/26@d 13:36 9413381233 DCF a — Uef-/5¢ 7 State of Florida Department of Children and Families «TOF HEALTA & REHAB In the matter of: : penne DISTRICT LITATIVE A Civil Penalty Against | i APR 1 § 2004 Kelly Hunter i Here We Grow Child Development Center "me TRICT COUNSELS OFFICE ‘ ~~ au. , c * Collier County S | ADMINISTRATIVE COMPLAINT Nature of the Case 1. This case arises from the Child Care Facility's failure to comply with Secti cf 402.305, Florida Statutes, and Rule 65C-22, Child Care Standards. 2, This is an administrative action of imposition of civil penalties per known incidents of occurrence as authorized by Chapter 402.310, Florida Statute. 3. The State of Florida, Department of Children and Farnilies is the administrative agency ofthe State of Florida charged with the duty to enforce and administer the provisions of Chapter 402, Florida Statutes. 4. On August 13, 2003, Kelly Hunter, identifying herself as the owner of Here We Grow Child Development Center made application to operate a child care facility known as Here We Grow Child Development Center at 5269 Golden Gate Parkway, Naples, Florida 34116. 5. On August 18/2003. the depariment issued a Provisional license certificate, #087444, effective August 31, 2003 until February 29, 2004. 6. During a complaint/provisional inspection of the facility on September 4, 2003,the licensing couns¢lor observed Jasmine Troutman's (date of hire 8/19/2003) personnel file was missing the local law check, a notarized affidavit of good moral character, an employment history check, the child abuse and neglect statement and the notarized employment affidavit, Also, during the inspection, the licensing counselor observed Lori Bendict’s personnel file was missing the dacumentation of the date of hire and the file was missing the affidavit of good moral character, proof the fingerprints were submitted within the required time frame, an employment application, an employment history check and a notarized affidavit of good moral character. The facility received an administrative warning letter on September 26, 2003. 7. During a complaint/provisional inspection of the facility on October 2, 2003, 28 35%d 200 POPEEPSTPE QEIFZ banz/RT/bo 64/19/2804 13:30 9413381233 DCF ea PAGE “~ ~ | the licensing counselor observed Tykeisha Thomas’ (date of hire September 11,2003) personnel file was missing FDLE restlts(transfer from another day care facility), the second page of the FDLE! report was not in the file, and an employment history check. In this matter the facility received an administrative fine of $50.00. 8. During a complaint/provisional inspection on October 2, 2003, Lori Benedict's, (date of hire August 19, 2003) personnel file was missing a notarized affidavit of good moral character, an employment application and a notarized employment affidavit. Inithis matter the facility received an administrative fine of $50.00 9. During a provisional inspection on December 30, 2003, Jennifer Corley’s (date of hire 12/8/2003), Tytoya Rowles” (date of hire 12/8/2003) and Mackenzie Graham’s (12/12/2003) personnel files did not have proof of fingerprint submission within the required 10 day time frame, local law results and completed employment history checks, In this matter the department is imposing a fine of $100.00 per violation per employee. There wiere three violations for three employees therefore, the total fine for these Violations is $900.00. 10, During a provisional inspection on January 28, 2004, Loretta Thomas’ (date of hire 1/7/2004) personnel file was missing an employment history check from the last two years or last three employers. There was one violation for one employee, therefore, the total find for the violation is $100.00 11. The acts and practices described in paragraph 9 and 10 are violations Sections 402,305(2)(a), 402.3053, Chapter 435.04, 435.05 and Rule Code 65C-22,006(5) Florida Administrative Code, which requires that all child care personnel meet the background requirements and that child care personnel fingerprints be submitted to the Florida Department of Law Enforcement within 10 days for the date of hire for any employee hired. And, personnel records shall be maintained and kept current on all child care personnel as defined by!Scction 402 302(3) F.S., and household members if the facility is located in a private residence. These shall include: an employment application with the required statement pursuant to 402.3055(1)(b), F.S. position and date of employment, signed statement thal the employee understands the statutory requirements for professional reporting of child abuse and neglect and level 2 screening information documented on CP-FSP, 5131, April 03, Background Screening and Personnel File Requirements. An employment history check for previous two years of last three jobs is required as part of the background screening. Statute 435.05(c) which 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 is imposing a fine of $100.00 per violation per employee which totals $1000.00. Total Administrative Fine Is $ 1,000.00 64 aavd = eles PRPBEPITbE SE‘EZ pABZ/BT/b9 Gl 5 64/19/2084 12:38 9413381233 DCF PAGE 65 - on | oD 04 APR 27 AM 10: 49 ADMINS: UMINISTR A: HEARINGS Notification of Rights Should you wish to appeal this action, you may request a hearing by making a written request pursuant to Chapter 129, Florida Stanntes. This request must comply wit Rule 28- 106.201 or Rule 28-160.301, Florida Administrative Code, or else it will be dismissed, These rules are attached,: 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 Familics Consumer Protection and Licensing Post Office Box 60085 Fort Myers, Florida 33906: Att: Nancy Starz State of Florida Department of Children and Families Michelle Molloy, Supervisor ( Consumer Protection and Licensing Eugeriie Rehak, Bar # 255084 | District Legal Counsel Post Office Box 60085 Fort Myers, Florida 33906 PB 394d | sod POPEEPSTPR «= -SEEZ paBZ/AT/pA PAGE 66 44/19/2604 12:36 9413381233 DCF an \ Certificate of Service THEREBY CERTIFY that a true and receipt copy of the foregoing has been furnished by Regular Mail and Certified Mail, Return Requested, Certified # 790 A_ {000 0095 34C9 FH, this i day of Me , 2004 to Kelly Hunter, owner Here We Grow Child Development Center, 5269 Golden Gate Parkway, Naples, Florida 34116. State of Florida, Department of ; Children and Families Os aa ass de CZzege —~ Consumer Protection and Licensing Post Office Box 60085 Fort Myers, Florida 33906 aoe Se avd Jd PEPSEDOTPE SESE bPeaZ/Bt/ra

Docket for Case No: 04-001567