Of-bY 40 DEPARTMENT OF {te AND FAMILIES IN THE MATTER OF Certified Mail 7005 1820 0008 0152 2135 A Civil Penalty Against Return Receipt Requested Fundamentals Child Care or Of Palm Coast, Inc. Z 4892 Palm Coast Parkway, “b C Suite C, Palm Coast, Fl 32137 <4 BG : O25 A> Pay Bitin, SG OEE, Se ADMINISTRATIVE COMPLAINT YOZ ae) a beget PG Sp YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount “<* : of Nine Thousand Nine Hundred Fifty Dollars ($9,950.00). As grounds for the imposition of this penalty, the Department states the following: 1. The State of Florida, Department of Children and Families (DCF) has jurisdiction over Respondent by virtue of the provisions of Sections 402.301 — 402.319, Florida Statutes. 2. The Respondent, Fundamentals Child Care of Palm Coast, Ine., is licensed to operate Fundamentals Child Care of Palm Coast, Inc. License #CO7FLO0006, located at 4892 Palm Coast Parkway, Suite C, Palm Coast, Fi 32137 as a Child Care Facility in compliance with Chapter 402, Florida Statutes (F.S.), and Florida Administrative Code (F.A.C), Rule 65C- 22. Violation-1 3. During an inspection on May 21, 2009, a DCF Licensing Counselor determined that: On or about February 17, 2009 a 2 year old child left the premises of the day-care facility, and walked alone next door to Sears. Approximately thirty (30) minutes later an employee from Sears walked the child back to the facility. The child care staff had not noticed the child was missing. 4. FAC Rule 65C-22.001 (5)(a)-(d), 65-22.001(6)(f), & 65C-22.007(2) states: A child was not adequately supervised and left the facility premises without the knowledge or awareness of staff. Pursuant to Florida Administrative Code rule 65C-22.001 (5){a)-(d), 65-22.001(8)f), & 65C-22.007(2), this is a Class 1 violation. Pursuant to Progressive Disciplinary Sanction Summary #5, the fine for a Class 1 violation is not less than $100.00 nor more than $500.00. 5. FAC Rule 65C-22.001(5)(a) Direct supervision means watching and directing children’s activities within the same room or designated outdoor play area and responding to the needs of each child. 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. Pursuant to the Florida Administrative Code 6. Rule 65C-22.001 (5){a), this is a Class 1 violation. Pursuant to the Progressive Disciplinary Sanctions Summary item #5, Supervision, the fine for this Class 1 violation is not less than $100.00 nor more than $500.00. The facility shall be fined $500.00 for this Class 1 violation, due to child’s young age and the risk of serious harm. Violation-H! 7. During an inspection on May 21, 2009, a DCF Licensing Counselor determined that: 8. On or about February 17, 2009 Fundamentals Child Care of Palm Coast Inc. committed an act of child neglect when a 2 year old child left the premises of the day-care facility, and walked alone next door to Sears. An employee from Sears walked the child back to the facility thirty approximately (30) minutes later. 9. FAC Rule Child Abuse or Neglect 65C-22.001 (11)(a). The owner, operator, employee or substitute, while caring for children, committed an act or omission that meets the definition of child abuse or neglect provided in Chapter 39, Florida Statutes. Pursuant to Florida Administrative Code rule 65C-22.001 (11)(a) this is a Class 1 violation. Pursuant to Progressive Disciplinary Sanction Summary #63, the fine for a Class 1 violation is not less than $100.00 nor more than $500.00. The facility shall be fined $500.00 for this Class 1 violation due to the seriousness and risk to the child. Violation-lH 10. During an inspection on May 21, 2009, a DCF Licensing Counselor determined that: On February 17, 2009 a child left the premises of the day-care facility, and walked alone next door to Sears. An employee from Sears walked the child back to the facility. The staff members of the facility did not report the incident to the abuse hotline nor authorities. The incident occurred on February 17, 2009 and the incident was not reported to the hotline until May 16, 2009. 11. FAC Rule Child Abuse or Neglect 65C-22.001 (11)(b). As a mandated reporter, the owner, operator, employee or substitute failed to report suspected child abuse or neglect as tequired in section 39.201, Florida Statutes. This is a Class 1 violation. Pursuant to the Florida Administrative Code Rule 65C-22.001(11)(b), this is a Class 1 violation. Pursuant to the Progressive Disciplinary Sanction Summary #63, the fine for a Class 1 violation is not less than $100.00 nor more than $500 per day for each day not reported. The incident was not reported for a total of 89 days, therefore the fine for this Class 1 violation is $8,900.00. Violation-IV 12. During and inspection on July 7, 2009 a DCF Licensing Counselor determined that: The facility did not have Background screening documents 65C22.006 (4), 435.04 and 435.05(1), Documentation of Level 2 Screening was missing for employee C.P on March 3, 2009 and law enforcement checks were not complete for employees G.K., K.R and M.V. and were not on file on July 7, 2009. 13. FAC Rule 65C-22.006 (4) (d), Level 2 screening information documented which is incorporated by reference. Pursuant to Florida Administrative Code Rule 65C-22.006(4\(d) these are Class 2 violations. Pursuant to Progressive Disciplinary Sanction Summary Item #60, Background screening documents, the fine for a second Class 2 violation is not less than $50.00. 14. The above referenced violation constitutes grounds to levy this Civil Penalty pursuant to 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. 15. Payment of this fine can be made directly to the Department of Children and Family Services. Payment may be made only via a money order or cashier's check. The mailing address is: 5920 Arlington Expressway, 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 also 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; 2. 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; 4. An explanation of how the petitioner's substantial interests are or will be affected by the agency decision; 5. A statement of when and how the petitioner received notice of the agency decision; 6. A statement that the petitioner does not dispute the facts upon which the agency relied but that it wants to exercise the right to 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. Astatement of the specific rules or statutes that the petitioner believes requires the agency to reverse or modify its decision; and 9. A statement specifying what action the petitioner wants the agency fo take in the matter. 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: David Tucker Gregory D. Venz, Agency Clerk Chief Legal Counsel Department of Children & Families Department of Children & Families Office of the General Counsel! P.O. Box 2417 1323 Winewood Blvd., Bidg. 1, Suite 407 Jacksonville, FL. 32231-0083 Tallahassee, FL. 32301 STATE OF FLORIDA, DEPARTME OF CHILDREN AND FAMILIES ; AL 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 2135 Return Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes (2005), this 19T bby of Ociober , 2009. STATE OF FLORIDA, DEPARTMENT OF CHILDREN & FAMILIES Paniela Buckham Safety Program Manager

Docket for Case No: 09-006490