. Charlie Crist State of Florida Governor Department of Children and Famijies. n George H. Sheldon Florida Department of Secreta Children B Families cratary * ' Qwitiam S. D’Aiuto Circuit 5 Administrator June 3, 2010 IO _ aUy'T CERTIFIED MAIL / RETURN RECEIPT REQUESTED IN THE MATTER OF A Civil Penalty Against: ABC Children’s Country Club AUS Pm oan 13160 SE Highway 484 eZ Belleview, FL 34420 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of Five Hundred Dollars ($500.00). 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 Statutes (F.S.). 2. The Respondent, ABC Children’s Country Club, is licensed to operate a Child Care Facility at 13160 SE Highway 484, Belleview, Florida 34420, License No. C05MA0025, in compliance with Chapter 402, Florida Statutes and Florida Administrative Code (F.A.C.) Rule 65C-22. 3. The Respondent committed a Class | violation on May 17, 2010; F.A.C. 65C-22.001(5)(a), in that: a. The Circuit 5 Child Care Licensing office received a compiaint stating, “An 11 month old child had been burned by hot water while in the care of a licensed Child Care Facility.” On May 20, 2010, Michaeline Cone, Child Care Licensing Counselor, went to the facility to investigate the complaint. The compiaint was validated. ‘ b. On the day of the incident, facility employees Placida Garcia and Esperanza Alcaron were responsible for the infants and children up to one year old. The correct ratio for this age group is one staff member to four children. There were 1601 West Gulf Atlantic Highway, Wildwood, Florida 34785-8158 Mission: Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery eight children in this age group attending the facility that morning. Despite the fact that two employees were scheduled to work with this age group, Ms. Alcaron was assigned numerous other activities from 6:00 a.m. to 7:30 a.m. which took her away from the infant and one year old room leaving Ms. Garcia alone with the children. The facility was cited for noncompliance with ratio sufficiency. c. One of Ms. Alcaron’s tasks is to boil water and use the water once cooled in the infants’ bottles. This is an accepted procedure by the USDA Food Program for providing sterilized water for infants. On the day of the incident, Ms. Alcaron took the pitcher of hot water to the infant-toddler room and placed it on the high shelf (five foot tall) in the creative expressions alcove. Ms. Garcia took a Styrofoam cup, filled it with hot water from the pitcher and placed the cup on a low movable shelf (one to two foot high) between the infant and one year old room. As the cup of hot water was within the teach of the children and there was a lack of supervision, an 11 month old child, S.M., grabbed the cup spilling the hot water on her chest and stomach area causing 1 and 2™ degree burns. Due to the injuries, the child had to be hospitalized from May 17, 2010 to May 21, 2010. d. F.A.C. 65C-22.001(5)(a) states, “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, capable of responding to emergencies and are accountable for children at all times, including when children are separated from their groups.” e. As the above incident has led to serious trauma to the child involved, Department will impose the maximum fine allowed for a Class | violation. Fine Imposed $500.00 4. The above referenced violation constitutes grounds to levy this Civil Penalty pursuant to section 402.310(1)(a), Florida Statutes in that the above referenced conduct of Respondent constitutes a violation of the minimum standards, rules and regulations for the operation of a Child Care Facility. TOTAL DUE: $500.00 5. Due to the above Class 1 violation and pursuant to F.S. 402.281(3)(a), the child care facility's designation as a Gold Seal Quality Care provider is terminated until the facility has no new Class 1 violations for a 2 year period. a. F.S. 402.281(3)(a) states, "The child care provider must not have had any Class 1 violations, as defined by rule, within the 2 years preceding its application for designation as a Gold Seal Quality Care provider. Commission of a Class 1 violation Shall be grounds for termination of the designation as a Gold Seal Quality Care provider until the provider has no Class 1 violations for a period of 2 years." 6. NOTIFICATION OF RIGHTS UNDER CHAPTER 120, F. S. 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 addresses: Joyce Miller, Circuit Legal Counsel Department of Children and Families 1601 West Gulf Atlantic Highway Wildwood, FL 34785 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; (c) An explanation of how the petitioner's substantial interests will be affected by the agency determination; (d) A statement of when and how the petitioner received notice of the agency decision; (e) A statement of all disputed issues of material facts. If there are none, the petition must so indicate; (f) 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; (g) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (h) 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. 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. FAILURE TO DISPUTE MATERIAL ISSUES OF FACT IN YOUR REQUEST FORA HEARING MAY BE TREATED BY THE DEPARTMENT OF CHILDREN AND FAMILIES AS AN ELECTION BY YOU FOR THE INFORMAL PROCEEDINGS UNDER S. 120.57(2) FLORIDA STATUTES. STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES VAa Circuit Administrator or Designee 1601 West Gulf Atlantic Highway Wildwood, FL 34785 CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the forgoing has been furnished/py Certified MajRejurn Receipt Requested, Certificate # this day of , 2010, to: ABC Children’s Country’ 13160 SE Highway 484 Belleview, FL 34420 STATE OF FLORIDA ILDREN AND FAMILIES Marsha Carpenter Family Services Counsélor Supervisor Child Care Licensing 1601 West Gulf Atlantic Highway Wildwood, FL 34785 Telephone: (352) 330-5631

Docket for Case No: 10-009467