STATE OF FLORIDA . 5 DEPARTMENT OF CHILDREN AND FAMILIES [= iL. FF ‘. Department of Children and Families DCCO Docket No,,05-9 SunCoast Region Zith Hoy Ib P ]: 55 _ Manatee County Div Petitioner O C . Uf He) —- AOHINIS TE At VE Vs = [ L E D RINGS Debra Mortonson, Director OCT 2 3 2006 Manatee Family YMCA Before & After School Program Respondent DCF Department Clerk ADMINISTRATIVE GOMPLAINT YOU ARE HEREBY NOTIFIED that after twenty-one (21) days from receipt of this complaint, The Department intends to impose a civil penalty in the amount of Five Hundred Dollars ($500.00) upon Manatee Family YMCA Before & After School Program, 3805 59" Street West, Bradenton, Florida 34209. 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 ofthe provisions of Chapter 402, Florida Statutes.. (2) Respondent, Manatee Family YMCA Before & After School Program, 3805 59" Street West, Bradenton, Florida 34209, is licensed to Operate child care facilities in compfiance with th Chapter. 402, Florida Statutes and Chapter B5C 22, Florida Administrative Code. (3) The Respondent, has violated the provisions of Chapter 402, Florida Statutes and Chapter 65C-22, Florida Administrative Code in that deficiencies were cited at Manatee Family YMCA Before & After School Program, 3805 59" Street West, Bradenton, Florida 34209 as follows: a. Rule 65C-22.001(5)(a), Florida Administrative Code, 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. 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 and capable of responding to emergencies, and are accountable for children at all times, which includes when children are separated from thelr groups. The Manatee YMCA is located adjacent to Moody Elementary. Approximately 52 children from Moody Elementary are enrolled in the YMCA’s after schoo! program. Each afternoon YMCA staff walk from the YMCA building to Moody Elementary to pick up the children. A pavilion located outside the schoo! is the designated AT IAMVIENT JI. ‘a ( ‘ pickup location for the children. YMCA staff are to be present at the pavilion when school lets out at 2:45 p.m. On August 8, 2006, a child enrolled in the program, A.A., was noticed to be missing from the group when roll was taken. It is unknown as to whether A.A. ever made it to the designated YMCA pickup location. As a result, a massive search began and the child was located 10 hours later. During interviews with YMCA staff on August 10, 2006, staff admitted that on August 8, 2006 they were between five to fifteen minutes late in leaving the YMCA building to pick up the children. An estimated ten to thirty YMCA children were already at the pavilion awaiting ; pickup. No adult was present to supervise the children. A civil penalty of Five Hundred Dollars is being imposed for violation of the above rule. (2) Notice was provided in writing to Respondent of the above violations. (3) The fine may be paid to the Department of Children and Families, SunCoast Regional Lega! Counsel, (Attention, Raymond R. Deckert), 9393 North Florida Avenue, Suite 905, Tampa, Florida 33612 (Telephone (813) 558-5513). Checks or money orders should be make payable to "The Department of Children and Families, SunCoast Region”. (4) 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. Too. fee teste we aes p wage Chapter 28-106, Florida Administrative Code constitutes the Department’s procedural rules for administrative proceedings under Section 420.57 (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 1 20.57 (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 shail 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). aa ( C (5) 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 FOR A 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, Manatee Family YMCA Before & After School Program, 3805 59"" Street West, Bradenton, Florida 34209, on the__i7Hh _ of Aug ust ,2008. Meiers ae Cotte _ Maureen Coble Family Safety Regional Program Administrator STATE OF FLORIDA COUNTY OF N uu! The foregoing instrument was acknowledged before me this. | l day of. Re nfouale , 2006 by iv Oingern, Coble ____who is personally known to me. Signature ‘ ste, Danielle C. Kirts Danielle Kirts MY COMMISSION # DD245733 EXPIRES Notary Public December 14, 2007 BONDED THRU TROY FAIN INSURANCE, INC. cc: SunCoast Region Legal Office

Docket for Case No: 06-004655