ot aaa Jeb Bush FLORIDA DEPARTMENT OF Governor CHILDREN sem Reais & FAMILIES Secretary Revocation of Child Care Facility License STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF: : ~ A Givil Penalty Against F 4 i] me Dp) an i Sonia N. Santiago ee Open Arms Child Care Ministry Inc. 11896 N. US Highway 301 JUL 2 8 2004 Oxford, FL 34484 ' DCF Depatriert Glerk ADMINISTRATIVE COMPLAINT , 7 OY-9717 NATURE OF THE CASE 1. This case arises from the Respondent's failure to comply with Sections 402.301- 402.319 et seq., Florida Statutes with respect to licensure requirements. 2. This is an administrative action for imposition of civil penalties per known incident(s) of occurrence as authorized in section 402.310, Florida Statutes. 3. Petitioner, 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 January 2, 2004, the facility was notified by certified mail that Open Arms Child Care Ministry Inc. Child Care Facility was in violation of s.402.305 (2)(f), Florida Statutes and 65C-22.003 (7)(a), Florida Administrative Code in that documentation of your director credential had not been provided to the Department. The facility was given 10 business days from the date of the letter to provide documentation (a copy) of the director credential certificate or training transcript. The facility was advised that failure to comply with documentation requirements will result in the immediate issuance of a provisional license for a period not to exceed six months. 5. On January 16, 2004, the Department had not received documentation of the facility's director credential, therefore the facility was issued a provisional license for the 2eriod January 2, 2004 through July 2, 2004. As part of the corrective action, the Department requested monthly updates on the facility's progress towards earning a director credential or hiring a director with the appropriate credential, to be given to the licensing representative by mail or teleshonically. These updates were due by the 15" of each month. 6. On June 2, 2004, the facility was notified by certified mail advising the facility of the continued noncompliance and that documentation must be received by the Department or action to revoke the provisional license will be initiated. 1601 West Gulf Atlantic Hwy Wildwood, Florida 34785 The Department of Children and Families is committed to working in partnership with local communities to ensure safety, well-being and self-sufficiency for the people we serve. Therefore, you are hereby notified of the Department's intent to revoke your license to operate Open Arms Child Care Ministry inc. This decision is based on the facility's failure to comply with s.402.305 (2)(f) and 65C-22.003 (7)(a), Florida Administrative Code, which state in part, respectively: “By January 1, 2004, the (director) credential shall be a minimum standard for licensing”. “Pursuant to Section 402.305 (2)(f), Florida Statutes, every child care facility director must have a director credential by January 1, 2004, which consists of the foundational level or the advanced level. As of January 1,2004, every applicant for a license to operate a child care facility or a license for a change of ownership of a child care facility must document that the facility director has a director credential prior to issuance of the license to operate the facility”. NOTICE OF RIGHTS This decision constitutes final agency action unless a person who is substantially affected by it submits a written request for hearing that is received within twenty-one days from the date on which he or she first receives this notice. The request for hearing must also meet the requirements of Section 120.562, Florida Statutes (F.S.), and either Rule 28-106.201 or Rule 28- 106.301, Florida Administrative Code, or else it will be dismissed as required by Section 120.569(2)(c), F.S. That law and those rules require the written request for hearing to include the following information: 1. The name and address of each agency affected and each agency's file or identification number if known; 2, The name, address and telephone number of the person who is asking for the hearing (the petitioner); 3. The name, address, and telephone number of the petitioner's representative, if any; 4. An explanation of how the petitioner's substantia! interests are or will be affected by the agency decision; 5. A statement of when and how the petitioner received notice of the agency decision; 6. A statement that the petitioner does not dispute the facts upon which the agency relied but that it wants to exercise the right to be heard anyway OR a statement that the petitioner does dispute the facts upon which the agency relied and a fist of the facts in dispute; 7. Aconcise statement of the facts as the petitioner perceives them to be, including the specific facts set out by the agency that the petitioner wants the agency to reverse or change: 8. Astatement of the specific rules or statutes that the petitioner believes requires the agency to reverse or modify its decision; and 9. Astatement specifying what action the petitioner wants the agency to take 'n the matter. Failure to request a hearing in writing and within the time frames required in this notice or failure to provide the information required by the law and rules governing requests for Chapter 120 hearings constitutes a complete waiver of any right that a substantially affected person may have to challenge this decision. The request must be received by the following persons at the following addresses on or before twenty-one (21) days of the date on which this notice was first received by the person requesting the hearing: Shane DeBoard Paul Flounlacker, Agency Clerk Assistant General Counse! Department of Children & Families Department of Children & Families Office of the General Counsel ~ 1601 W. Gulf Atlantic Hwy 1323 Winewood Blvd., Bidg. 1 Suite 407 Wildwood, FL 34785 Tallahassee, FL. 32301 STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES CERTIFICATION OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Certified Mail #70993400000574734585, Return Receipt Requested, in accordance with.ss. 120.60(3), Florida Statutes, this 7 day o1 2004. ( STATE OF FLORIDA, DEPARTMENT OF CHILDREN & FAMILIES istrict Administrator or Designee Spr

Docket for Case No: 04-002777