By Bo ow ()-Wa | 20 apy aed DEDARTMENS OF CHILDREN AND FAMILIES” bly #03 - Hata | IN THE MATTER OF Mes WE A Civil Penalty Against God's Creation Childcare Center 8 2242 East Irlo Bronson Memorial Highway Kissimmee, Florida 34744 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of $275. 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 Statutes. 2. On April 8, 2008 the Department issued license #CO90S0026 to the respondent to operate God's Creation Childcare Center, located at 2242 East Irlo Bronson Memorial Highway, Kissimmee, Florida 34743, as a Child Care Facility in accordance with Chapter 402, Florida Statues, and Florida Administrative Code, Rule 65C-22. 3. Respondent committed violation of Rule 65C-22.002(1)(a)(c) Florida Administrative Code, with respect to facility environment requirements when on December 1, 2009 an area of the facility was observed to be a serious safety hazard to children. The TV cord in the sick room was in @asy reach of children and an electric outlet was uncovered. On June 3, 2010 an area of the facility was observed to be a serious Safety hazard to children in care. The kitchen gate was not closed as it should be to prevent children from entering the kitchen area where the cord of the rice cooker and a kitchen knife was accessible to children. Inspection report for December 1, 2009 is attached as “Exhibit A”. Inspection report for June 3, 2010 is attached as “Exhibit B’. For a violation of facility environment requirement the Department imposes an administrative fine of $100. This fine is imposed in accordance with Section 402.31 0(1}(a), Florida Statutes 4. Respondent committed violation of Rule 65C-22.006 402.3055(1)(b), 65C- ~ 22.003(4)(a), & 65C-22.006(4)(5) Florida Administrative Code, with respect to record keeping when on August 7, 2008 the facility did not have a complete record on file for the child care personnel. On March 18, 2010 the facility did not have a complete record on file for the childcare personnel. On June 3, 2010 the facility did not have a complete record on file for the childcare personnel. Inspection report for August 7, 2008 is attached as “Exhibit A”. Inspection report for March 18, 2010 is attached as “Exhibit B”. Inspection report for June 3, 2010 is attached as “Exhibit C. For a violation of record keeping requirement the Department imposes an administrative fine of $75. This fine is imposed in accordance with Section 402.310(1)(a), Florida Statutes. 5. Respondent committed violation of Rule 402.3054(3), 435.04(1), & 435.05(1)(a)(c) & 65C-22.006(4) Florida Administrative Code, with respect to facility background screening requirements when on August 7, 2008 a CF-FSP form 5131, background screening was not on file for an employee. On June 3, 2010 a CF-FSP form 5131, background screening was not on file an employee. Inspection report for August 7, 2008 is attached as “Exhibit A”. Inspection report for June 3, 2010 is attached as “Exhibit B’. For a violation of background screening requirement the Department imposes an administrative fine of $100. This fine is imposed in accordance with Section 402.310(1)(a), Florida Statutes. PAYMENT OF FINE, IF NOT CONTESTED Payment of this fine can be made by ror cashier's check directly to the Department of Children and Family Services. The mailing address is Department of Children and Families; Child Care Licensing Office; 1507 North John Young Parkway; Kissimmee, Florida 34741; Attention: 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: T. Shane DeBoard, Esquire Department of Children and Families C/O District Legal Office, S-1129 400 West Robinson Street Orlando, Florida 32801-9425 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 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, Florida Statutes, and rule 28-106.201(4), 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 Richard Forrester Regional Safety Operations Manager Child Care Services CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true copy hereof was sent to Ruben Tavares, Director of God's Creation Childcare Center, located at 2242 East Irlo Bronson Memorial Highway, Kissimmeg, Florida 34743, by U.S. Certified Mail, Return Receipt Requested, Certificate # and by U.S. Regular Mail, in accordance with s. 120.60(3), Florida Statutes, this day of , 2010. wy 1507 North Kissimmee, ¥ (407) 846-5148

Docket for Case No: 10-009421