Petitioner: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Respondent: THE DUNBAR CENTER, INC., AND PAUL KELLY
Judges: CLAUDE B. ARRINGTON
Agency: Department of Children and Family Services
Locations: Port St. Lucie, Florida
Filed: Mar. 29, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, April 28, 2010.
Latest Update: Dec. 23, 2024
[3 Slatica Department of
3 Chitdten zFamilies
State of Florida Charlie Crist
Governor
Department of Children and Families
George H. Sheldon
Secretary
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
IN THE MATTER OF IO- {64 O
A Civil Penalty Against
Dunbar Center Inc Bran
Dunbar Center, Inc . WES Sm
12100 S. E, Lantana Avenue
Hobe Sound, F1 33455
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount
$250.00 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 sections 402.301 — 402.319, Florida Statues.
2. On January 4, 2010, the Respondent committed a Class 1 violation of Florida
Administrative Code Rule 65C- 22.001(5)(a)-(d), and 65C-22.001(6)(f). A complaint
inspection of the facility on January 6, 2010 confirmed the center violated Florida
Administrative Code Rules as stated above in that direct supervision of a child in the
four year old group was inadequate a child was left in the classroom unattended, while
the remainder of the class left for a field trip.
3. January 4, 2010, the Respondent committed a Class 1 violation of the Florida
Administrative Code Rule 65C-22.001(11) Child Abuse or Neglect. A complaint
inspection of the facility on January 6, 2010 confirmed the employees, while caring for
children, committed an act or omission that meets the definition of child abuse or
neglect provided in Chapter 39, Florida Statue. A child was left in the classroom
unattended, while the remainder of the class left for a field trip.
4. The above referenced violations constitute grounds to levy this Civil Penalty pursuant
to ss. 402.310(1) (a), Florida Statutes, in that the above referenced conduct of
Respondent constitutes a violation of the minimum standard, rules and regulations for
the operation of a Child Care Facility.
1317 Winewood Boutevard, Tallahassee, Florida 32399-0700
Mission: Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and
Advance Personal and Family Recovery and Resiliency
Sea neeeeee
PAYMENT OF FINE, IF NOT CONTESTED
Payment of this fine can be made directly to the Department of Children and Family Services. The
mailing address is 337 N US Hwy 1, Fort Pierce, Florida 34950, Attn: Child Care Licensure.
IF YOU BELIEVE THE DEPARTMENT’S DECISION IS IN ERROR, YOU MAY REQUEST
AN ADMINISTRATIVE HEARING TO CONTEST THE DECISION. YOUR REQUEST FOR
AN ADMINISTRATIVE HEARING MUST BE RECEIVED BY THE DEPARTMENT WITHIN
21 DAYS OF YOUR RECEIPT OF THIS NOTICE. FAILURE TO REQUEST AN
ADMINISTRATIVE HEARING WITHIN THE 21 DAYS PROVIDED SHALL CONSTITUTE A
WAIVER OF THE RIGHT TO A HEARING,
You may submit your request for an administrative hearing to the Department at the following
address
Laurel Hopper
Assistant Regional Counsel
Department of Children and Families
337 N. US Highway 1
Fort Pierce, Florida, 34950
Please note that a request for an administrative hearing must comply with section 120.569(2)(c),
Florida Statutes and Rules 28-106.201(2), Florida Administrative Code. Those provisions, when
tead together, require a petition for administrative hearing to include:
(a) The name and address of each agency affected and each agency’s file or
identification number, if known;
(b) The name, address, and telephone number of the petitioner; the
representative, if any, which shall be the address for service purposes during
the course of the proceeding; an explanation of how the petitioner’s
substantial interests will be affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency
decision;
(d) A statement of all disputed issues of material facts. If there are none, the
petition must so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts
the petitioner contends warrant reversal or modification of the agency’s
proposed action;
() Astatement of the specific rules or statutes the petitioner contends require
reversal or modification of the agency’s proposed action; and
(g) A statement of the relief sought by the petitioner, stating precisely the action
petitioner wishes the agency to take with respect to the agency’s proposed
action. :
Section 120.569, Florida Statutes, and rule 28-106.201, Florida Administrative Code, require that a
petition to be dismissed if it is not in substantial compliance with the requirements above.
STATE OF FLORIDA,
DEPARTMENT OF CHILDREN AND FAMILIES
Tom Peer, Child Care Licensing Supervisor
Docket for Case No: 10-001690
Issue Date |
Proceedings |
Apr. 29, 2010 |
Transmittal letter from Claudia Llado forwarding Petitioner's Exhibits numbered 1-6, to the agency.
|
Apr. 28, 2010 |
Order Closing File. CASE CLOSED.
|
Apr. 26, 2010 |
Letter to DOAH from P.Kelly withdrawing and agreeing to informal hearing filed.
|
Apr. 23, 2010 |
Department's Motion to Amend Complaint filed.
|
Apr. 20, 2010 |
Petitioner's Witness List filed.
|
Apr. 20, 2010 |
Petitioner's Exhibit List (exhibits not available for viewing) filed.
|
Apr. 20, 2010 |
Department Motion to Relinquish Jurisdiction filed.
|
Apr. 14, 2010 |
Amended Administrative Complaint filed.
|
Apr. 05, 2010 |
Order Directing Filing of Exhibits
|
Apr. 05, 2010 |
Order of Pre-hearing Instructions.
|
Apr. 05, 2010 |
Notice of Hearing by Video Teleconference (hearing set for May 5, 2010; 9:00 a.m.; Port St. Lucie and Tallahassee, FL).
|
Mar. 31, 2010 |
Joint Response to Initial Order Prepared by the Department of Children and Families filed.
|
Mar. 29, 2010 |
Request for Administrative Hearing filed.
|
Mar. 29, 2010 |
Administrative Complaint filed.
|
Mar. 29, 2010 |
Notice (of Agency referral) filed.
|
Mar. 29, 2010 |
Initial Order.
|