STATE OF FLORIDA DEPARTMENE OF CH Cp REN AND FAMILIES IN THE MATTER OF A Civil Penatty Against rtified Mail 7009 3410 0001 6528 6763 2019 oct 2} Retum Receipt Requested Al §3 Gateway Nursery & Kindergarten, I 641 West 4" Street ns 1S} GE Jacksonville, Florida 32209 ADM INS TRAT Ve HEARINGS m8 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of Two Hundred Dollars ($ 200.00), against Gateway Nursery & Kindergarten inc.. As grounds for the imposition of this penalty, the Department states the following: 1. The State of Florida, Department of Children and Families (DCF) has jurisdiction over this matter by virtue of the provisions of Sections 402.301. — 402.319, Florida Statutes. 2. The Respondent, Gateway Nursery & Kindergarten, inc. is licensed to operate Gateway Nursery & Kindergarten-License # C04DU0159, located at 644 West 4" Street, Jacksonville, Florida, 32209 as a Child Care Facility in compliance with Chapter 402, Florida Statutes (F.S.), and Florida Administrative Code (F.A.C), Rule 65C-22. Violation+ 3. During an inspection on May 11, 2010, a DCF Licensing Counselor determined that: An unscreened individual J.W. was left alone to supervise children in care on May 10, 2010. 4. FAC Rule 65C-22.004 (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. Childcare personnel at a facility must be assigned to provide direct supervision to a specific group of children and be present with that group at all times. Pursuant to the Florida Administrative Code Rute 65C-22.001 (5) (a), this is a Class 1 violation. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item #5- Supervision the fine is not less than $100.00 nor more than $500.00 per day. The Department may.also impose other disciplinary sanction in addition to the fine. The fine is being assessed at $100.00, due to this is the first occurrence of this violation. Violation-t 5. During an inspection on May 11, 2010, a DCF Licensing Counselor determined that: A method of discipline was used at the facility that was severe to a child in that a 4 year old child (E.J.) reported that she was yanked by the arm, by unscreened volunteer J.W. 6. FAC Rule 65C-22.001 (8} (b), states, all childcare personnel must comply with the facility’s written disciplinary policy. Such policies shall include standards that prohibit children from being subjected to discipline which is severe, humiliating, frightening, or associated with food, rest, or toileting. Spanking or any other form of physical punishment is prohibited for all childcare personnel. Pursuant to the Florida Administrative Code Rule 65C-22.001 (8) (b), this is a Class 1 violation. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item # 12-Child discipline, the fine is not less than $100.00 nor more than $500.00 per day. The Department may also impose other disciplinary sanction in addition to the fine. The fine is being levied at $100.00,as the child was injured and that the person responsible for the injury was a volunteer that did not meet minimum requirements to be in charge of children. 7. The above referenced violation constitutes grounds to levy this Civil Penalty pursuant to ss.402.310(1)(a) and 402.310(4), Florida Statutes as the above referenced conduct of Respondent constitutes a violation of the minimum standards, rules and regulations for the operation of a Child Care Facility. 8. Payment of money order or cashier's check for this fine can be made directly to the Department of Children and Family Services. The mailing address is: 5920 Arlington Expressway, P.O. Box 2417, Jacksonville, FL. 32231, Attention: Child Care Licensure. 9. Failure to pay the fine imposed in this Administrative Complaint will resuit in an automatic non-renewal of the license referenced above. NOTICE OF RIGHTS NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES 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 24 CALENDAR 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: David Tucker Gregory D. Venz, Agency Clerk Chief Legal Counsel Department of Children & Families : Department of Children & Families Office of the General Counsel : P.O. Box 2417 4323 Winewood Blvd., Bldg. 1, Suite 407 i Jacksonville, FL. 32231-0083 Tallahassee, FL. 32301 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 i 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 : i 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. Pursuant to section 120.573, Florida Statutes, the Department advises that formal mediation is not available for this administrative complaint. However, the Department May consider ‘ . proposais to resolve the compiaint without a formal hearing. 9 m uv > Z im °o TT 2 = r 9 FE] m 2 > 2 5 “Tl > 3 c hil a Pamela Buckham Safety Program Manager CERTIFICATION OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Certified Mail, 7009 3410 0001 6528 6763 eur Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes (2005), this 1s lay of September, 2010. STATE OF FLORIDA, DEPARTM OF CHILDREN & FAMILIES Pamela Buckham Safety Program Manager

Docket for Case No: 10-009836