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DEPARTMENT OF CHILDREN AND FAMILY SERVICES vs BELL FAMILY DAYCARE HOME, 08-003777 (2008)

Court: Division of Administrative Hearings, Florida Number: 08-003777 Visitors: 4
Petitioner: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Respondent: BELL FAMILY DAYCARE HOME
Judges: DANIEL M. KILBRIDE
Agency: Department of Children and Family Services
Locations: Lakeland, Florida
Filed: Jul. 31, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, November 12, 2008.

Latest Update: Oct. 01, 2024
a Received: Jul 15 2008 04:18pm State of Florida : i Department of Children and Families CERTIFIED MAIL: 7002 0610 00020206 9712. TIED maul. -houk Aomny Retum Raceipt Requested : uf wes2008 AKL DTT or COp, , Bell Family Day Care ahs, 928 Beech Avenue rr Lakeland, Florida 33815 mE . Subject: Proposed Fine of Family Day Care Home, Licanse No. Fi0P00241 Dear Ms. Bell: The Department proposes to fine your Family Day Cara Home for violations of the Florida ; . Administrative Code (F. A, C.) by authority of section 402.310, Florida Statutes. This letter... is considered an administrative complaint for the purposes of section 120.60(5), Florida Statutes. You operate a family day care home at the address above, pursuant ta childcare license... |, . number F10P00241 last issued by the Department on July 1, 2007. ~. a Se An inspection on May 29, 2008, revealed thet child care children were left in the care of a.» s: substitute who did not have the required training or background screening to actas a substitute for a family day care home. This is a violation of Rule 65C-20.009 (a)(3) {a), «, F.A.C., which requires that substitutes have certificate(s) of course completion for infan and child cardiopulmonary resuscitation (CPR) procedures which.-must be current ands, valid at all times. This also violates 65C-~20,008(30(a) and. 402.31.3(3) which requires - complete background screening of all substitutes prior fo. caring for, children and that af} - persons ovér 12 years old residing with the operator in the family. day care home.; FRIsg wi also violates 65C-20,009 (2)(b) which requires there shall, ba.a, written plan to provide aff ich re: least one (1) other competent adult, who must be at jeast:18, years of age, to ba available wy iyc: .- as substitute for the operator on a tamporary or emergency basis..This plan shall jincluderayyac the name, addrass, telephone number and date of birth of tha,designated substitutes ruimber.ar-: Please see Exhibit A. 7 sase sad Ext. bie AG For this violation, the Department proposes to fine your facility the.sum of $250.00 which», cpus: includes $100 for the background screening violation, $50 for.substitute plan violationyandres $100 for CPR and First Ald violation. You may pay the fine by, mailing a certified.check ofr,’ money order to the Florida Department of Children and Families;.and mailing it to Sheila mai 4720 Old Highway 37, Lakeland, Florida, 33813-2030 OD ld Mig Personal and Family Recovery sf Received: Jul 15 2008 04:18pm Supervisor, Child Gare Licensing, Depart High ay 37, Lakeland, Fst Received: Jul 15 2008 04:19pm “ly. _solag You have a right to request an administrative hearing, be represented by:co qualified representative, to call witnesses, to present evidence, and: otherat if you desire to request a hearing or-answer this artministrative ¢ comp) in writing and must include the following: § 4. The name and address of each agency affected and each agency’s fi itt ated Identification number, if known, vbyae if 2. The name, address, and telephone number of the petitioner (person requesting the hearing}, and the Name, address and telephone number of the patitioner's:.. of representative, if any, which shal] be the address for servicas purposes during the vr ale. course of the proceeding and explanation of how the patitioners substantial interest will woop be affected by the Department's action. os 3. A statement of when and how you received natica af the Department's. decision. php 4. Astatement of all disputed issues of material fact. If there are none, your request for oat § 6. hearing must so indicate. . Aconelse statement of the ultimate facts you allege, as well as, any rules and statutes Shy chs which you think entitla you to relief. . : . A demand for relief, that is, what you think the Department should do. ; i Except for good cause shown, factual matters alleged in this administrative complaint that you fail to deny in your request for hearing (or answer} shell be presumed fo be admitted. - Your failure to raise a particular defense will be considered a waiver of any such defense. Any new matter you raise in your request for hearing (or answer) shail be presumed as denied by tha Department. Evidence shall not be taken on any. issue not raised in. this administrative complaint or your request for hearing (on answer): eric ge. ‘ Received: Jul 15 2008 04:199m Sheila Nobles, Supervisor Child Care Licensing Unit Department of Children and camiioh © Epa 4720 Oid Highway 37, South ff ¥ oo Lakeland, FL 33813 This administrative complaint is issued pursuant to sections 120.569 and 120.57, Florida Statutes. Any hearing or proceeding of any kind concerning this complaint shall be oad conducted pursuant fo Department Rules of Practice and Procedure, Florida. a dhoe Administrative Gode, Chapter 10-2, and the Model Rules of Procedure, Florida .. a Administrative Code, Chapter 28. Unitess the Department receives a request for @ heating within fifteen (15) days after you receive this letter, you will have given up your right to request a hearing or contest this. . : action. If you fail to request a hearing, this denial letter becomes the finalorderofthe hogs Department. . Sincerely, Sheila Nobles 5 Child Care Licensing Supervisor 1 tr Department of Chitdren and Families ong 4720 Old Hwy 37 ok, Lakeland, F| 33813 tes County of Polk Cee 1 State of Florida Qi, , ! Subscribed and sworn te before me an by Sheila Nobles; an employee of the;Department. .. of Children and Families, who is lar me. 2 wail sows Notary Public, State of Florida CHARLES M. WILSON Commision DD 786781 Expres March 10, 2012 : TruTioy hin animes 96-06-7010 | . . Received: Jul 18 2008 04:19pm Department's counsel ¢ rtifies that a capy I haves has beemmaiteds en tbat 8 Beech Avenue, Lakeland, Florida 33815. ch Interim Chief Legal Counsel, Circuit 10 A720 Old Highway 37 Lakeland, FL 33813 Phone: 863 619-4143 Fax: 862 648-3338

Docket for Case No: 08-003777
Source:  Florida - Division of Administrative Hearings

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