Ose wy mh STATE OF FLORIDA &e DEPARTMENT OF CHILDREN AND FAMILIES ; fo IN THE MATTER OF Certified Mail 7005 1820 Ga, 6462 a lb, A Civil Penalty Against Return Receipt Requested“ fhe ‘a Mes oP Parson's Little Scholars Creative Childcare, Inc. € 6505 Ft. Caroline Road Jacksonville, Florida 32277 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of One Hundred Fifty Dollars ($150.00). As grounds for the imposition of this penalty, the Department states the following: 1. The Department of Children and Families, State of Florida, has jurisdiction over Respondent by virtue of the provisions of Chapters 402.301 — 402.319, Florida Statutes. 2. The Respondent, Parson's Little Scholars Creative Childcare, Inc., is licensed to operate Parson's Little Scholars Creative Childcare, Inc., located at 6505 Ft. Caroline Road, Jacksonville, Florida 32277 as a Child Care Facility in compliance with Chapter 402, Florida Statutes (F.S.), and Florida Administrative Code (F.A.C), Rule 65C-22. 3. During a complaint investigation on January 22, 2008, it was determined that the Respondent committed the following violations: FAC Chapter 65C-22.002 (9) (b), in that: The ground/protective surface under and within the fall zone under the swings was not maintained. FAC Chapter 65C-22.002 (9) (b), states, in part, permanent or stationary playground equipment must have a ground cover or other protective surface under the equipment that provides resilience - and is maintained to reduce the incidence of injuries to children in the event of falls. The same violation was previously cited October 16, 2002, March 19, 2003, May 8, 2004, September 28, 2005, September 20, 2006, January 31, 2007 and May 18, 2007. The violation cited on January 31, 2007, resulted in an Intent to lmpose Administrative Action. FAC Chapter 65C-22.006 (2) (a)- (d) and 435.04, in that: A current DH Form 680, Florida Certification of Immunization was missing for two (2) children. FAC Chapter 65C-22.006 (2)-(d) and 435.04 states, in part, that within 30 days of enrollment, each child shal! have on file and keep current a completed DH Form 680, Florida Administrative Complaint- Parson’s Little Scholars Creative Childcare Page 2 4. Certification of Immunization Part A-1, B, or C (July 2001), or DH Form, Religious Exemption from immunization (May 1999) and a Student Health Examination Form DH 3040 (June 2002) or a signed statement by authorized professional that indicates the components of the student Health Examination Form are included in the health examination. Similar violations were previously cited on May 3, 2002, March 19, 2003, May 6, 2004, and January 31, 2007. The violation of January 31, 2007, resulted in an Intent to Impose administrative Action letter being issued. FAC Chapter 65C-22.006 (4) (d), in that: Staff members R.B., S.D., C.H. and M.M. had incomplete Forms 5131, staff members S.D. and G.P. were missing current Local Background Checks and staff member R.B., A.C., S.D., and J.M. were missing the FDLE clearance letters. FAC Chapter 65C-22.006 (4) (d) states in part records shall be maintained and kept current on all childcare personnel, as defined by Section 402.302 (3), F.S. 435.04, states, in part, that all employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as condition of employment and continued employment. For purposes of this subsection, security background investigations shall include, but not be limited to, Employment History Checks, fingerprinting for all purposes and ~ checks in this subsection, Statewide Criminal and Juvenile Records Checks through the Florida Department of Law Enforcement, and Federal Criminal Records Checks through the Federal Bureau of Investigation, and may include Loca! Criminal Records Checks through Local Law Enforcement agencies. Under penalty of perjury, all employees In such positions of trust or responsibility shall attest to meeting the requirements for qualifying for employment and agreeing to inform the employer immediately if convicted of any of the disqualifying offenses while employed by the employer. The above referenced violation constitutes grounds to levy this Civil Penalty pursuant fo ss.402,310(1)(a) and 402.310(4), Florida Statutes at the above referenced conduct of Respondent constitutes a violation of the minimum standards, rules and regulations for the operation of a Child Care Facility. Administrative Complaint- Parson’s Little Scholars Creative Childcare Page 3 5. Payment of this fine can be made directly to the Department of Children and Family Services. The mailing address is: P.O. Box 2417, Jacksonville, FL. 32231, Attention: Child Care Licensure. NOTICE OF RIGHTS Please be advised that you do have the right to contest this Civil Penalty through an administrative hearing pursuant to Section 120.57, Florida Statutes, but that you have no more than twenty one (21) days from the date the Administrative Complaint is received to initiate this formal review 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 aiso meet the requirements of Section 120.57, F.S., and either Rule 28-106.201 Florida Administrative Code or else it will be dismissed as required by Section 120.569(2)(c), Florida Statutes. The statute and 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; 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; An explanation of how the petitioner's substantial interests are or will be affected by the agency decision; A statement of when and how the petitioner received notice of the agency decision; . Astatement that the petitioner does not dispute the facts upon which the agency relied but that it wants to exercise the right io be 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; 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. A-statement of the specific rules or statutes that the petitioner believes requires the agency to reverse or modify its decision; and . Astatement specifying what action the petitioner wants the agency to take in the matter. Administrative Compiaint- Parson’s Little Scholars Creative Childcare - Page 4 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: Roger L.D. Williams Gregory D. Venz, Agency Clerk Assistant General Counsei Department of Children & Families Department of Children & Families Office of the General Counsel P.O. Box 2417 . 1323 Winewood Bivd., Bldg. 1, Suite 407 Jacksonville, FL. 32231-0083 Tallahassee, FL. 32301 STATE OF FLORIDA, Pamela Buckham Safety Program Manager CERTIFICATION OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Certified Mail, 7005 1820 0008 0152 6683,Return Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes (2005), this Peay of March, 2008. STATE OF FLORIDA, DEPARTMEN CHILDREN & FAMILIES Pamela Buckham Safety Program Manager

Docket for Case No: 08-001958