ea omaneats O) JO >| q % a) ~~ Charlie Crist State of Florida &- A BE Governor Department of Chil fetand Families George H. Sheldon 200 UDB psyy seneiy . ANVISION OF Jacqui B. Colyer AUNTS TRATI¥E Regional Director April 29, 2010 HEARINGS Certified Mail No.:7004 1160 0001 8262 8507 Mrs. Nardine Rene & . Rene Family Day Care Home 665 NW 151 Street Miami, FL 33169 v RE: NOTICE OF FINE FOR VIOLATION OF CHILD CARE STANDARDS > Dear Mrs. Nardine Rene: You are hereby notified that the Department of Children and Families, pursuant to section 402.310 of the Florida Statutes and Florida Administrative Code 65C-20.012, has imposed sanctions on Rene Family Day Care Home. The sanctions include a fine in the total amount of $260.00. The grounds for this decision are as follows: VIOLATION 1 Background Screening FINE: $50.00 Florida Administrative Code 65C-20.008(3) & 402.305, 402.3055, 402.302(13) Basis for Violation 4; On April 6, 2009, your family day care home was cited for missing documentation of Level 2 screening for staff members. In particular, Blossom Glass-Reyes and Nardine Rene were missing their Local Criminal Background Check. This is a Class Il violation of Florida Administrative Code Rule 65C-20.008(3), which mandates Level 2 screening for all child care personnel pursuant to Statute 402.313(3). In fact, an application for licensure shail not be deemed complete until the licensing authority receives proof of background screening clearance on the operator of the family day care home, substitutes, and on all other household members who are subject to screening. More recently, however, on March 20, 2009 during a Routine Inspection, your home was cited for continued noncompliance of this same standard, in that, Maritzda Beaugris and Francois Casseus (Joseph) were missing their Local Criminal Background Check. As this was the day care home’s second violation of this Class II standard within the 2- year disciplinary progressive year (as commenced on July 1, 2008), the Department is imposing an administrative fine of $50.00. VIOLATION 2: Background Screening FINE: $110.00 Florida Administrative Code:65C-20.008(3) & 402.305, 402.3055, 402.302(13) 401 NW 2™ Avenue, Suite N-1014, Miami, Florida 33428 Mission: Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery and Resillency Basis for Violation 2: On October 23, 2008, your day care home was cited for missing documentation of Level 2 screening for staff members. Specifically, Angela Dennis & Rickevia Beck did not have proof of their FBI/FDLE clearance. This is a Class Il violation of Florida Administrative Code Rule 65C-20.008(3), which mandates Level 2 screening for all child care personnel pursuant to Statute 402.313(3). Subsequently, the home was cited for the same noncompliance during a Renewal - Inspection on April 6, 2009. Blossom Glass-Reyes was missing proof of her FBI/FOLE clearance. More recently, however, on October 20, 2009 during a Routine Inspection, your day, care home was cited for continued noncompliance of the same standard. Maritzda Beaugris and Francoise Casseus (Joseph) did not have their FBI/FDLE clearance letter on file. Therefore, as these noncompliances constitute the second and third violation of this Class II standard, the Department is imposing an administrative fine of $50.00 and $60.00, respectively; totaling $110.00. VIOLATION 3:: Overcapacity FINE: $100.00 Florida Statues 402.302(7) Basis for Violation 3: On October 20, 2009, your family day care home was cited for being over the licensed capacity by more than 2 children. The day care home is licensed for ten (10) children, but fourteen (14) were observed in your care. This is a Class | violation. Florida Administrative Code 65C-20.012 notes that for the first and second violation of a Class | standard, the department shall issue an administrative compiaint imposing a fine not less that $100 nor more than $500 per day for each violation. Therefore, the Department is imposing an administrative fine of $100.00. IF YOU BELIEVE THE DEPARTMENT'S DECISION {S 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: : : Florida Department of Children and Families : Child Care Licensing Attomey ATTN: Kimberly Coward, Esq. 401 N.W. 2" Avenue, Suite N-1014 Miami, Florida 33128 Please note that a request for an administrative hearing must comply with section 120,569(2)(c), Florida Statutes (2008), and Rules 28-106.201(2), Florida Administrative rn oN vd Code. Those provisions, when read 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 name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and 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; (f) A statement 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(2)(c), requires a petition to be dismissed if it is not in substantial compliance with the requirements above or if it is not timely filed. Mediation as described in section 120.573, Florida Statutes, may be available if agreed to by all parties, and on such terms as agreed to by all parties. The right to an administrative proceeding is not affected when mediation does not result in a settlement. : If you have any questions, please contact lan Fleary, Family Services Counselor Supervisor, at (305) 377-5494. Sincerely, Sigh Ong. Suzette Frazier Regional Program Safety Manager

Docket for Case No: 10-003193