STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES DCCO Docket No. 08- 13 SunCoast Region 0 i 1) 57 Vv Manatee County Department of Children and Families Petitioner vs Tracey Lysobey, Director C.O.R.E. Early Education & Learning Center Respondent ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that after twenty-one (21) days from receipt of this complaint, the Department proposes to revoke the license at C.O.R.E. Early Education & Learning Center. 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 of the provisions of Chapter 402, Florida Statutes. (2) Respondent, C.O.R.E. Early Education & Learning Center, 605 13" Avenue West Palmetto, FL 34220 is licensed to operate a child care facility in compliance with Chapter 402. Florida Statutes and Chapter 65C-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 C.O.R.E. Early Education & Learning Center, 605 13” Avenue West Palmetto, Florida as follows: a. During a complaint investigation on July 17, 2008, T.L., owner/operator took the six year old child, M.M. and other children on a field trip to her home to swim without the permission of the parent(s). M.M. went down a slide and collided with another child. In doing so, he hit his left eye on top of the other child’s head. T.L., owner/operator did not call M.M.’s mother at work and instead called her cell phone because that was the only a number she had with her. T.L., owner/operator knew the mother couldn’t answer her cell phone at work. M.M. ended up being referred by his pediatrician to an ophthalmologist because there was concern that the bone behind M.M.’s eye was broken and therefore was affecting M.M.’s vision. This resulted in a child abuse report 2008-439705 which verified inadequate supervision and threatened harm as well as some indicators of medical neglect. b. At the time of the incident on July 17, 2008, T.L. owner/operator left two staff, both of whom were under 16 years of age, in charge of the children when she went into the home to get an ice pack for the victim. This is a violation of Section 402.305(2)(c), Florida EneceserEL Statutes, as she the left the children in care of two individuals who can not be left unsupervised, which is classified as a Class 2 violation. At the time of the incident on July 17, 2008, T.L. owner/operator took the children to her home to use her swimming pool! and did not have a person with a certified lifeguard certification or equivalent present. This is a violation of Rule 65C-22.001(5)(d)2., Florida Administrative Code, which is classified as a Class 1 violation. At the time of the incident on July 17, 2008, T.L. owner/operator did not maintain the required staff-to-child ratios as an additional adult was not present during a field trip. The owner/operator was the only adult on the field trip and there should been two adults. This is a violation of Rule 65C-22.001(5)(d)1., Florida Administrative Code, which is classified as a Class 2 violation, which requires an additional adult on a field trip. At the time of the incident on July 17, 2008, T.L. owner/operator transported the children and did not follow the requirements for transportation in that she did not utilize a transportation log which should include each child’s name, date, time of departure and time of arrival, signature of driver and signature of second staff member to verify driver's log and the fact that all children have left the vehicle. This is a violation of Rule 65C- 22.001(6)(f), Florida Administrative Code which is classified as a Class 2 violation. Based on statements from the staff, including conflicting information from the owner T.L., they were overcapacity for the number of children that were in the van. The van had a capacity of 15 passengers. The owner and the two staff members were in the van, therefore only 12 children could be passengers in the van. Staff member L.P. stated that they had 14-15 children with them. A. H. stated that they had 17 children with them. Owner, T.L. stated that they had 12-14 children with them. In the documentation that was received by the Owner, T. L., the incomplete transportation log had 12 children listed on it, however, the sign in and out sheet had 23 children signed in on it. Therefore, it is concluded that the van had more than 12 children and was over capacity. This is a violation of Rule 65C-22.001(6)(d), Florida Administrative Code. This is also classified as a class 1 violation. At the time of the incident on July 17, 2008, T.L. owner/operator failed to post ina conspicuous location, the date, time and location of a planned field trip at least two working days prior to the trip. The parents of the children were told that on this specific date they were going to the movies. This is a violation of Rule 65C-22.001(7)(b), Florida Administrative Code, which is classified as a Class 3 violation. At the time of the incident on July 17, 2008, T.L. owner/operator failed to immediately notify the child, M.M.’s custodial parents or legal guardians of a serious illness, accident, injury or emergency to their child. T.L., owner/operator did not call M.M.’s mother at work and instead called her cell phone because that was the only number she had with her. T.L., owner/operator knew the mother couldn’t answer her cell phone at work. There were no further attempts to try and reach the mother or any other individuals listed as emergency contacts. This is a violation of Rule 65C-22.004(2)(d) 2-3, Florida Administrative Code, which is classified as a Class 2 violation. i. At the time of the incident on July 17, 2008, T.L. owner/operator failed to accurately complete the accident/incident report. T.L. gave the parent an accident report, however, it did not include all the information required, in that, there was no description of the nature of the injury. Additionally, the form indicates that the mother was notified by phone at 12:57 p.m. In fact, only one phone message was left for the mother. When the mother did not return the call, there were no further attempts to try and reach the mother or any other individual listed as emergency contacts. This is a violation of Rule 65C-22.004(2)(d) 2-3, Florida Administrative Code, which is classified as a Class 3 violation. (4) There has also been a previous violation relating to the minimum age at this facility. On May 25, 2007, the facility was cited for having a person under the age of 16 years employed and not directly supervised. (5) There have also been previous violations relating to appropriate supervision at this facility. On May 23, 2008, the facility was cited for violation of appropriate supervision in three separate instances. First: | Upon entrance to the facility the counselor observed a child sitting alone at a table in the facility without supervision. The staff member told the counselor that the child was supposed to be getting crayons but had decided to sit at the table and color. Second: Another child was observed leaving the room to the left of the entrance, walked across the kitchen/dining area, into the room to the right of the entrance. No staff was observing this child, as the child walked from room to room. Third: The counselor observed another child come into the room, retrieve her backpack and proceeded to open the exit door to leave without staff supervision. The counselor called out to the child and asked what room she was supposed to be in and the child claimed that her parent was there. On May 25, 2007 the facility was cited for violation of appropriate supervision in that five school age children were left in the preschool room alone without direct supervision. On January 16, 2007, the facility was cited for ratio violation in that one staff member had 19 three-year-olds. A ratio of 2 staff for 19 three-year-olds is required. The staff-to-child ratio is based on primary responsibility for the direct supervision of children. On September 26, 2006, the facility was found to be in violation of supervision in three separate instances. First: Direct supervision of children in the one year old group was inadequate in that the staff left the room and went across the hall and into the office and left the children unsupervised. Second: Direct supervision of the children in the school age group was inadequate in that a school age child left the playground and entered the building. The child used the restroom and walked about the facility for a little while unsupervised and then went outside. Third: The licensing counselor went outside and yet another child entered the building alone unsupervised. He walked into the kitchen and looked around. (6) There has also been a previous violation relating to transportation requirements at this facility. On January 15, 2008, the facility was cited for their transportation log not containing all of the required information. The log was missing a second signature in the afternoon verifying that a visual sweep of the vehicle was conducted. (7) There have also been previous violations relating to accident/incident reporting and documentation at this facility. On January 16, 2007 the facility failed to provide the parent or legal guardian for child, J.T. and G.C., written documentation of an accident/incident on the day it occurred. Two children, J.T. and G.C. were missing parent signatures on the accident/incident reports. On September 26, 2006 the facility was cited for failing to provide the parent or legal guardian written documentation of an accident/incident on the day it occurred, in that, an accident report dated February 17, 2006 for child G.C., was not signed by the parent or legal guardian. (8) Notice was provided in writing to Respondent of the above violations. (9) 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. Chapter 28-106, Florida Administrative Code constitutes the Department's procedural rules for administrative proceedings under Section 120.57 (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 120.57 (2), Florida Statutes. In an informal 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 shall be made to the Department of Children and Families, SunCoast Region Legal Counsel, (Attention: Raymond R. Deckert), 9393 North Florida Avenue, Room 902, Tampa, Florida 33612 (Telephone (813) 558-5513). (10) 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 Re be rae C.O.R.E. Early Education & Learning Center, 605 13" Avenue West Palmetto, FL 34220 onthe ABU | 2008. ms Kris Emden Regional Licensing & Background Screening Manager STATE OF FL { COUNTY OF tH} YOUCH The foregoing instrument was acknowledged before. me this23 Gay of Lp ref new , 2008 by Knstmden who is personally known to me. Signature ; Mary Beth Wehnes Notary Public MARY WEHNES , NOTARY PUBLIC - STATE OF FLORIDA COMMISSION # DD369366 EXPIRES 11/4/2008 BONDED THRU 1-888-NOTARY1 cc: SunCoast Region Legal Office

Docket for Case No: 08-005578