STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF A Civil Penalty Against Certified Mail #7001 1940 0001 7454 5608 Bradford Preschool and Learning Center, Inc. Return Receipt Requested C/o John S. Cooper, Registered Agent — L | wD 100 West Call Street ) Starke, FL 32091 ADMINISTRATIVE COMPLAINT gerilMy nt AOR SO amount of $1,075.00, As grounds for the imposition of this penalty, the Department states the following: lL. The Department of Children and Families, State of F lorida, has jurisdiction over Respondent by virtue of the Provisions of §§402.301-402.31 9, Florida Statutes, 2. Section 402.3 10(1)(a), Florida Statues, states: 3. The Respondent, Bradford Preschool and Learning Center, Inc., is licensed to Operate a Child Care Facility located at 407 West Washington Street, Starke, Florida, in compliance with Chapter 402, Florida Statutes and Florida Administrative Code (F.A.C.) Rule 65C-22. 4. The Department classifi es violations of statute and rule by severity. Class I violations are defined as that which are serious in nature but do not pose an immediate threat to the health, safety and well-being of a child, but could reasonably be expected to cause harm, and are penalized by a fine not less than $50 nor more than $100 per day for each violation. 5. 6. Section 402.305(6), Florida Statutes, states: (6) (a) (b) SQUARE FOOTAGE PER CHILD.—Minimum standards shall be established by the department by rule, A child care facility that holds a valid license on October 1, 1992, must The Respondent is fined $100.00 for violations of Section 402.305(6), Florida Statutes. Based upon square footage per child, the Respondent facility’s licensed capacity is 75 children. During an inspection on June 29, 2005, Department staff counted 78 children being cared for at the facility. The Respondent was Previously cited by the Department of Health, Bradford County Health Department, during its inspection on May 15, 2005, for an over-capacity violation, counting 82 children at the facility. 7. Section 402.305(4)(a) states: (4) STAFF-TO-CHILDREN RATIO,-- (a) Minimum standards for the care of children in a licensed child care facility as established by rule of the department must include: 1. For children from birth through 1 year of age, there must be one child care personnel for every four children. 2. For children 1 year of age or older, but under 2 years of age, there must be one child care personnel for every six children. 3. For children 2 years of age or older, but under 3 years of age, there must be one child care personnel for every 11 children. 4. For children 3 years of age or older, but under 4 years of age, there must be one child care personnel for every 15 children. 5. For children 4 years of age or older, but under 5 years of age, there must be one child care personnel for every 20 children. 6. For children 5 years of age or older, there must be one child care personnel for every 25 children. 7. When children 2 years of age and older are in care, the staff-to-children ratio shall be based on the age group with the largest number of children within the group. Florida Administrative Code Rule 65C-22.001(4)(a) and (b) state: (4) Ratios. (a) The staff-to-children ratio, as established in Section 402.305(4), F .S., is based on primary responsibility for the direct supervision of children and applies at all times while children are in care. {b) Mixed Age Groups, 1. In groups of mixed age ranges, where children under | year of age are included, one staff member shall be responsible for no more than 4 children of any age group. 2. In groups of mixed age ranges, where children 1 year of age but under 2 years of age are included, one staff member shall be responsible for no more than 6 children of any age group. Florida Administrative Code Rule 65C-22.001(5)(a) states: (5) Supervision. (a) 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. Child care personnel at a facility must be assigned to provide direct supervision to a specific group of children and be present with that group of children at all times. When caring for school age children, child care personnel shall remain responsible for the supervision of the children in care, be capable of responding to emergencies, and be accountable for children at all times, which includes when children are separated from their groups. 8. The Respondent is fined $200.00 for repeated violations of Section 402.305(4) and Florida Administrative Codes 65C-22.001(4)(a) and (b) and 65C-22.001(5). During an inspection on June 29, 2005, Department staff observed only one staff member present for 15 two-year old children, of which four of those children were not within sight of the staff member, The Respondent was previously fined $50.00 on March 3, 2003, for ratio violations and more recently was cited on April 2¥, 2005, for ratio violations. F urthermore, the Respondent was previously fi ned $100.00 on June 4, 2004, for inadequate supervision and lately was cited on June 14, 2005, for inadequate supervision. 9. Section 402.305(2)(d), Florida Statutes, states: (d) Minimum training requirements for child care personnel, 1. Such minimum standards for training shall ensure that all child care personnel take an approved 40-clock-hour introductory course in child care, which course covers at least the following topic areas: a. State and local rules and regulations, which govern child, care. b. Health, safety, and nutrition. Cc. Identifying and reporting child abuse and neglect. d. Child development, including typical and atypical language, cognitive, motor, social, and self-help skills development, e. Observation of developmental behaviors, including using a checklist or other similar observation tools and techniques to determine the child's developmental age level, f Specialized areas, including computer technology for professional and classroom use and early literacy and language development of children from birth to 5 years of age, as determined by the department, for Owner-operators and child care personnel of a child care facility, State-approved child development associate credential, or a child development associate waiver certificate shall be automatically exempted from the training requirements in sub-subparagraphs b., d., and e. 2. The introductory course in child care shall Stress, to the extent possible, an interdisciplinary approach to the study of children. 3. The introductory course shall cover recognition and prevention of shaken baby syndrome, prevention of sudden infant death syndrome, and early childhood brain development within the topic areas identified in this paragraph. 4. On an annual basis in order to further their child care skills and, if appropriate, administrative skills, child care personnel who have fulfilled the requirements for the child care training shall be required to take an additional | continuing unit of approved training or 5 clock hours of equivalent training, as determined by the department, in early literacy and language development of children from birth 7. Training requirements shall not apply to certain occasional or part-time support staff, including, but not limited to, swimming instructors, piano teachers, dance availability, quality, Scope, and sources of current staff training; determining the need for specialty training; and determining ways to increase inservice training and ways to increase the accessibility, quality, and cost-effectiveness of current and proposed staff training. The evaluation methodology shall include a reliable and valid survey of child care personnel. 9. The child care operator shail be required to take basic training in serving children with disabilities within 5 years after employment, either as a part of the introductory training or the annual 8 hours of inservice training, Florida Administrative Code Rule 65C-22.003(2) states: (2) Training Requirements, (a) The 40 hour Introductory Child Care Training requirement is divided into two parts. Part I is comprised of 30 hours of training, consisting of the Department of Children and Family Services’ training modules, identified below: 1. State & Local Rules and Regulations; 2. Health, Safety, and Nutrition; 3. Identifying and Reporting Child Abuse & Neglect; 4. Child Growth & Development; and 5. Behavioral Observation and Screening. (b) Part II is comprised of 10 hours of training, consisting of a selection from the Department of Children and Family Services’ specialized training modules, identified below: 1. Infant and Toddler Appropriate Practices (10 hours); 2. Preschool Appropriate Practices (10 hours); 3. School-Age Appropriate Practices (10 hours); 4. Special Needs Appropriate Practices (10 hours); 5. Basic Guidance and Discipline (5 hours web based); 6. Computer Technology for Child Care Professionals (5 hours web based); and 7. Early Literacy for Children Age Birth to Three (5 hours web based). (c) Child care personnel hired on or after October 1, 1992, must successfully complete Part I and Part II of the Department of Children and Family Services’ 40 hour Introductory Child Care Training requirement. Successful completion of the 40 hour training requirement is evidenced by passage of competency examinations with a score of seventy (70) or better. Child care personnel who have completed the mandatory 40 hour Introductory Child Care Training prior to the availability of the competency examinations will not be required to complete the competency based testing, (d) Pursuant to Section 402.305(2)(d)5., F -S., all child care personnel must complete 5-clock-hours or .5 continuing education units (CEU's) of training in early literacy and language development of children birth to 5 years of age. Literacy training must be a single class or course that is no less than 5 hours in duration and focuses on early literacy and language development of children from birth to 5 years of age. 1. All child care personnel employed on or before December 31, 2004, shall complete 5-clock-hours or .5 documented continuing education units (CEU) of training in early literacy and language development of children from birth to 5 years of age, as documented on the certificate of course completion, classroom transcript, or diploma; by June 30, 2005, 2, All child care personnel hired on or after January 1, 2005, shall complete early literacy training within 12 months of the date of employment. 3, In order to meet this requirement, child care personnel must complete one of the following: a. The department's online literacy course available at www.myflorida.com/childcare/training. b. A training course from the Department of Children and Family Services’ list of approved literacy training programs, which can be accessed by contacting the licensing authority or by going to www.myflorida.com/childcare/training. The Department of Children and Family Services will continue to approve literacy courses through May 31, 2005. After this date, no additional courses will be added to the list; or 10. c. One college level early literacy course if taken (for credit or non-credit) within the last 5 years. 4, Literacy training that was taken between July 1, 1999 and July 1, 2004 will be accepted by the licensing authority, if it meets all the required components stated above. (e) Training transcripts are updated upon the successful completion of training, as evidenced by the passage of a competency examination. Competency examinations will be offered by the Department of Children and Family Services or its designated representative. 1, The successful completion of Part I and Part II modules will be documented on either CF-FSP Form 5267, May 2003, or the Department of Children and Family Services’ child care training transcript. 2. A copy of the certificate or training transcript must be included in the child care personnel record and maintained at each facility. 3. A copy of the certificate or training transcript for the director and owner must be included in the department’s official licensing file. The Respondent is fined $400.00 for violating several provisions of the training requirements of Section 402,305(2)(d) and Florida Administrative Code 65C-22.003(5). During an inspection on June 14 and reinspection on June 29, 2005, Department staff found that the files of four (4) employees (Cynthia Merritt, Jackie Davis Angela Newman and Charlotte Wood) did not have documentation that they had enrolled in the introductory course in child care within 90 days of employment; and that the file of one (1) employee (Charlotte Wood) employed since May 8, 2001, still did not have documentation to show that she had completed the training within one year of employment. Furthermore, the facility did not have documentation to show completion of the required 5-hour literacy course for three employees (Charlotte Wood, Lauren Clements and Jackie Davis). The Respondent was previously cited for violations of training requirements on April 27, 2005, January 14, 2005, and August 30, 2004. Il. Section 435.04(1), Florida Statutes, states: Level 2 screening standards.-- (1) All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of this subsection, security background investigations shall include, but not be limited to, and juvenile records checks through the Florida Department of Law Enforcement, Florida Administrative Code Rule 65C-22.006(5)(a)(b)(c) and (d) state: (5) Personnel Records. Records shall be maintained and kept current on all child care personnel, as defined by Section 402.302(3), F.S., and household members if the facility is located in a private residence, These shall include: (a) An employment application with the required statement pursuant to Section 402.3055(1)(b), F.S. (c) Signed statement that the employee understands the Statutory requirements for professionals’ teporting of child abuse and neglect. under this rule is valid for five (5) years, at which time a statewide re-screening must be conducted. The 5 year re-screening must include, at a minimum, history check conducted under this rule, shall include not only confirmation of employment dates from previous job(s), but may also include position held and job performance. Additionally, an Affidavit of Good Moral Character, CF-FSP 1649, Aug. 04, must be completed annually for all child care personnel. CF-FSP 1649 may be obtained from the licensing authority or by going to the Department of Children and Family Services’ website at www.myflorida.com/childcare/information, 12. The Respondent is fined $1 50.00 for violations of Section 435.04(1), Florida Statutes, and Florida Administrative Code 65C-22.006(5). During an inspection on June 29, 2005, Department staff found no employment history check for the past 2 years for at least the last three positions on file for employees Dale Redding and Anita Barr and no documentation of Level 2 screening on file for employee Deanna Williams. The Respondent was previously cited for personnel record violations on June 14, 2005, May 27, 2005, and January 14, 2005. 13. 14. Florida Administrative Code Rule 65C-22.002(3) states: (3) Indoor Floor Space, (a) A child care facility that held a valid license on October 1, 1992, must havea minimum of 20 square feet of usable indoor floor space for each child. A child care facility that did not hold a valid license on October I, 1992, and seeks (b) Usable indoor floor space refers to that space available for indoor play, classroom, work area, or nap space. Usable indoor floor space is calculated by measuring at floor level from interior walls and by deleting space for stairways, toilets and bath facilities, permanent fixtures and non-movable furniture. Kitchens, offices, laundry rooms, storage areas, and other areas not used in normal day-to-day operations are not included when calculating usable indoor floor space, (c) Shelves or storage for toys and other materials shall be considered as usable indoor floor space if accessible to children. (d) Where infants are in care, they shall have open indoor floor space outside of cribs and playpens. The space used for play may be interchangeable with space used for cribs and play pens. The Respondent is fined $50.00 for a violation of Florida Administrative Code Rule 65C-22.002(3). During an inspection on July 19, 2005, Department staff observed 18 children in the two-year old room. Based on 20 square feet per child, the room had a capacity of 7 children. 15, Class IIT violationé are the least serious in nature and are penalized by a fine not less than $25 nor more than $50 per day for each violation, 16, Florida Administrative Code Rule 65C-22.006(6)(a) states: (6) Other Records, (a) Daily attendance of children shall be taken and recorded by the child care facility personnel, documenting when each child enters and departs a child care facility or program. Such records shall be maintained for a minimum of four months. 17, The Respondent is fined $25.00 for a violation of Florida Administrative Code Rule 65C-22.006(a). During an inspection on June 29, 2005, Department staff found incomplete attendance records, which did not include the times of children’s arrivals and departures. 18. 19, Rule 65C- Florida Administrative Code Rule 65C-22.005(1)(a) and (b) state: (1) Nutrition. (b) Ifa facility chooses not to Provide meals and snacks, arrangements must be made with the custodial parent or legal guardian to provide nutritional food for the child, The Respondent is fined $25.00 for violations of F lorida Administrative Code 22.005(1)(a) and (b), During an inspection on July 19, 2005, Department staff observed that the children’s lunch did not include milk, but instead children were given Kool- Aid soft drink. Cups containing leftover Kool-Aid from the morning snack were passed back to the children at lunch. 20. Florida Administrative Code Rule 65C-22.002(6) states: (6) Toilet and Bath Facilities, (a) Each child care facility shall provide and maintain toilet and bath facilities, which are easily accessible and at a height usable by the children. Platforms are acceptable when safely constructed and easily cleaned and sanitized. (b) For facilities having from one to fifteen children, there shall be one toilet and one wash basin. There shall be one additional toilet and basin for every thirty children thereafter. For design and construction of a new child care facility or 10 modification to an existing facility, paragraph 65C-22.002(1)(j), F.A.C., shall apply. 21, The Respondent is fined $25.00 for violations of Florida Administrative Code Rule 65C22.002(6)(a)(b)and (c). During an inspection on June 29, 2005, department staff found that children were not being Permitted to use the third bathroom, which resulted in the facility not having the number of toilets and basins required for the licensed facility. The Respondent was previously cited on June 14, 2005, for failure to have the number of toilets/basins available to children as required for the licensed Capacity. 22, Florida Administrative Code Rule 65C-22.002(8)(b) states: (8) (b) Diapering Requirements, 2. When children in diapers are in care, there shall be a diaper changing area with an impermeable surface, which is cleaned with a sanitizing solution after each use. Children must be attended at all times when being diapered or when changing clothes. 23, The Respondent is fined $25.00 for violating Florida Administrative Code Rule 22.002(8)(b). During an inspection on April 27, 2005, the Department staff observed that facility staff did not clean and disinfect the diaper changing surface after each use. 24, Florida Administrative Code Rule 65C-22.002(8)(a)(2.) states: (8) Health and Sanitation. (a) General Requirements. 2. Following personal hygiene procedures for themselves or when assisting others, and immediately after outdoor play, employees, volunteers, and children shall wash their hands with soap and running water, drying thoroughly. 25. The Respondent is fined $25.00 for violations of Florida Administrative Code Rule 65C-22.002(8)(a)(2.) During an inspection on July 19, 2005, Department staff observed that children did not wash their hands with Soap and water prior to eating lunch, but instead used antibacterial gel to clean their hands. 11 26, Florida Administrative Code Rule 65C-22.002(1)(a) states: 65C-22.002 Physical Environment. (1) General Requirements. (a) All child care facilities must be in good repair, free from health and safety hazards, clean, and free from vermin infestation. During the hours that the facility is in operation, no portion of the building shall be used for any activity which endangers the health and safety of the children. (b) All areas and surfaces accessible to children shall be free of toxic substances and hazardous materials. 27, The Respondent is fined $25.00 for violations of Florida Administrative Code Rule 65C-22.002. During an inspection on April 27, 2005, Department staff observed in the kitchen a moldy dish drainer tray with holes from wear, dirty, tagged dish cloths, a sticky, dripping bottle of honey in the pantry, and the kitchen floor needed mopping with a detergent. 28. Florida Administrative Code Rule 65C-22.002(9)(a) states: (9)(a) Indoor Equipment. 1. A child care facility shall make available toys, equipment and furnishings suitable to each child’s age and development and of a quantity for each child to be involved in activities, 2. Toys, equipment and furnishings must be safe and maintained in a sanitary condition. 29. The Respondent is fined $25.00 for violating Administrative Code Rule 65C- 22.002(9)(a). During an inspection on April 27, 2005, Department staff observed that plastic toys, including a “play kitchen” located in the 2-year-old room, had not been periodically cleaned and sanitized. 30. Payment of this fine should be made payable to the Department of Children and Families and delivered to 1389 U.S. Highway 90 West, Lake City, FL 32055, Attn: Child Care Licensure. 31. The above referenced violations constitute grounds by the Department to levy this Civil Penalty pursuant to §402.310(1)(a), Florida Statutes, in that the above referenced conduct 12 of Respondent constitutes a violation of the minimum standards, rules and regulations for the operation of a Child Care Facility, 32. You have the right to contest this Civil Penalty through an administrative hearing pursuant to Chapter 120, Florida Statutes. To Tequest an appeal hearing you must submit a written request within 21 days of receipt of this Administrative Complaint. To initiate this formal review process, a petition for formal hearing must be received by the following individual within the twenty-one (21) day time frame: Lucy Goddard-Teel, District Legal Counsel Post Office Box 390, Mail Sort 3 Gainesville, FL 32602-0390 IF YOU DO NOT REQUEST A HEARING, YOUR RIGHT TO APPEAL THIS CIVIL PENALTY WILL BE COMPLETELY BARRED. Your request for an administrative hearing must conform to the requirements of F.A.C. Rules 28-106.101 and 28-106.301 and must state what issues and material facts you dispute, According to those rules, the written request for hearing must contain the following information: a. The name and address of each agency affected and each agency’s file or identification number if known; b. The name, address and telephone number of the person who is asking for the hearing (the petitioner); c. The name, address and telephone number of the petitioner’s representative, if any; d. An explanation of how the petitioner’s substantial interests are or will be affected by the agency decision; e. A statement of when and how the petitioner received notice of the agency decision; A statement that the petitioner does not dispute the facts upon which the agency relied but that s/he wants to exercise the right to he heard anyway OR a statement that the petitioner does dispute the facts upon which the agency relied and a list of the facts in dispute; A concise 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; A statement of the specific rules or statutes that the petitioner believes requires the agency to reverse or modify its decision; and A statement specifying what action the petitioner wants the agency to take in the matter. Finally, in accordance with Chapter 120, Florida Statutes, all parties to this cause have the opportunity to respond, to present evidence and argument of all issues of involved, to conduct cross-examination and submit evidence, to submit proposed findings of facts and order, to file exceptions to any order of a hearing officer’s recommended order, and to be represented by counsel (at your expense). In addition, you have the right to have subpoenas and subpoenas duces tecum issued. pate ffeh Ester S. eae LM District 3 Administrator CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy hereof was sent by U.S. Certified Mail, Return Receipt Requested, to the Respondent at the above address this gt dayof_ eber _, 2005. ana, decay,

Docket for Case No: 05-004132