04 Wsa4 amg &p STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAME Soy a. (fy "83 IN THE MATTER OF: Docket # 0 ‘a8 oh A Civil Penalty Against c Footprints Preschool License Number CO6PA0109 AD 3715 US Highway 19 South en New Port Richey, FL 34652 ADMINISTRATIVE COMPLAINT NOTICE OF LICENSE REVOCATION NATURE OF THE CASE 1. This case arises from the Respondent’s failure to comply with Sections 402.301-402.319 et seq. Florida Statutes and Rule 65C-22 Florida Administrative Code (F.A.C.) with respect to child care facility requirements. 2. This is an administrative action for imposition of civil penalties per known incidents of occurrence as authorized in Sections 402.301-402.319 et seq. Florida Statutes and Rule 65C-22 Florida Administrative Code (F.A.C.). 3. Petitioner, State of Florida, Department of Children and Families, is the Administrative agency of the State of Florida, charged with the duty to enforce and administer provisions of Chapter 402, Florida Statutes 65C-22 Florida Administrative Code. 4. On March 17, 2009, having submitted to the Department a complete application for operation of a child care facility, Footprints Preschool was issued a license to operate a child care center, effective March 22, 2009 through March 21, 2010. 5. On August 20, 2009, it came to our attention that the Department received an abuse complaint 2009-135628 on Footprints Preschool with allegations that a ‘child was found hanging unconscious with her head inside a tether ball loop. On August 20, 2009, the child care licensing unit partnered with the Child Protective Investigator to investigate this complaint. The following non- compliances were discovered during this visit. On August 20, 2009, at approximately 10:00 am, it was discovered that there were two teachers on the playground with 26 children ranging in age from two years old to five years old. At one point a child told AK (teacher) that a child had “boogies.” At this time AK (teacher) went into the building leaving PH (teacher) alone on the playground with these 26 children. Once AK (teacher) Euelosure 4 went into the building appropriate supervision could not be maintained. It was also learned that the Director, JS had conducted a walk through of the playground the night prior. Once JS discovered that the tether ball was damaged, she removed the ball, tied the rope up and put it up around the pole. This created a hazardous situation for the playground as well as having broken equipment on the playground. Finally, it was discovered that the child (CB, age 3) who was injured was not signed in on the daily attendance for that day. If the parent does not sign in, it is the responsibility of the center staff to sign the child in ensuring that the daily attendance is accurate at all times. a) The acts and practices described in paragraph 5 above are Class II violations of Florida Administrative Code 65C-22.001(4)(a)(b) Ratios, which states in part that, “The staff to children ratio, as established in s.402.305 (4)F.S., is primarily based on primary responsibility for the direct supervision of children and applies at all times while children are in care. in groups of mixed age ranges, where children under 1 year of age are included, one staff member shall be responsible for no more than 4 children of any age group. In groups of mixed age ranges, where children 1 year of age but under 2 years of age are included, one staff member shall be responsible for no more than 6 children of any age group.” Due to the severity of the child’s injury, this Class II violation will be elevated to a Class I. b) The acts and practices described in paragraph 5 above are Class II violations of 402.305(4), F.S., which states, “Minimum standards for the care of children in a licensed child care facility as established by rule of the department must include: For children from birth through 1 year of age, there must be one child care personnel for every four children. For children 1 year of age.or older, but under 2 years of age, there must be one child care personnel for every six children. For children 2 years of age or older, but under 3 years of age, there must be one child care personnel for every 11 children. For children 3 years of age or older, but under 4 years of age, there must be one child care personnel for every fifteen children. For children 4 years of age or older, but under 5 years of age, there must be one child care personnel for every twenty children. For children 5 years of age or older, there must be one child care personnel for every twenty-five children. When children 2 years of age and older are in care, the staff-to-child ratio shall be based on the age group with the largest number of children within the group.” Due to the severity of the child’s injury, this Class || violation will be elevated to a Class I. c) qd) e) The acts and practices described in paragraph 5 above are Class I! violations of Florida Administrative Code 65C-22.001(5) Supervision, which states in part, “(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. 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, including when children are separated from their groups.” Due to the severity of the child’s injury, this Class II violation will be elevated to a Class |. The acts and practices described in paragraph 5 above are Class II violations of Florida Administrative Code 65C-22.002(4)(c)(g) Outdoor Play Area, which states in part, “(b) The outdoor play area shall be clean, free from litter, nails, glass and other hazards.” They are also violations of Florida Administrative Code 65C-22.002(9)(b)2 Equipment and Furnishings which states in part, “(b)2 All playground equipment shall be securely anchored, unless portable or stationary by design, in good repair, maintained in safe condition and placed to ensure safe usage by the children.” Due to the severity of the child’s injury, this Class II violation will be elevated to a Class |. The acts and practices described in paragraph 5 above are Class Ill violations of Florida Administrative Code 65C-22.001(10) Attendance, which states in part that, “daily attendance of children shall be taken and recorded by the child care facility personnel, documenting the time when each child enters and departs a child care facility or program. The custodial parent guardian may document the time when their child (ren) enter and depart the child care facility or program. However, child care facility personnel are responsible for ensuring that attendance records are complete and accurate.” . It is also important to note that during a complaint investigation conducted on December 18, 2008, the center was cited for lack of supervision on the playground in that a two-year-old child had sustained at least two bites from another child within a one week time period and none of the staff knew about this occurring. When questioned by the Child Care Licensing Counselor Supervisor, the center staff stated that “they believed that these bites were occurring on the playground where two large pieces of equipment can obscure visibility sometimes if children are playing behind them.” 7. Additionally, Section 39.201(6), Florida Statutes (2009) states that © “Information in the central hotline and the department's automated abuse information system may be used by the department, its authorized agents or contract providers, the department of Health, or county agencies as part of the licensing or registration process pursuant to ss. 402.301-402.319 and ss. 409.175-409.176”. In accordance with this statute, our department reviews any such reports involving child care facility owner/operators. a) The final findings according to the investigative report 2009-135628 will be verified for inadequate supervision, hazardous conditions and neglect. Based on the above listed violations of both Florida Statutes and Florida Administrative Code, the Footprints Preschool annual license (CO6PA0109) is herby revoked. Notification of Rights Should you wish to appeal this action, you may request a hearing by making a written request pursuant to Chapter 120, Florida Statutes. This request must comply with Rule 28-106.201 or Rule 28-106.301, Florida Administrative Code, or else it will be dismissed. A copy of the rules is attached. The request for an administrative hearing must be made in writing and received no later than twenty-one (21) days from the date you receive this notice. Failure to request an Administrative hearing shall constitute a complete waiver of any right you may have to challenge the Department's decision. Request for an administrative hearing shall be submitted to: Department of Children and Families Legal Counsel, (Attention: Jennifer. Lima-Smith) . 9393 North Florida Avenue, Room 902 Tampa, Florida 33612 Telephone (813) 558-5510 Certificate of Service | hereby certify that a true copy hereof was hand delivered on this 42m day of October, 2009 to Jill Scharrer, the Owner/Director for Footprints Preschool, 3715 US Highway 19 South New Port Richey, FL 34652. STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES Regional Safety Program Manager State of Florida County of Hillsborough The foregoing instrument was acknowledged before me this Qik day of , 2009 by : who is personally known to me. ; iii, SAMANTHAB. CLARK - £ Ns , _ NOTARY PUBLIC - STATE OF FLORIDA Signature i -; COMMISSION# Doese85e Samantha Clark Boho EXPIRES 2/8/2013 Notary Public BONDED THRU 1-868-NOTARY1 Received by: Date: Time: Witness: Date: Time: CC: Jennifer Lima-Smith, DCF Region Legal Counsel Judy Doyle, Child Care Licensing Supervisor Cautrese Alexander, Child Care Licensing Counselor

Docket for Case No: 09-006524