STATE OF FLORIDA

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Petitioner

1. ADMINISTRATIVE FINE and

   INTENT TO REVOKE A LICENSE LICENSE NO. C01SR0057

   
   

   SHARONDA MILLER

   
   

   owner of

   
   

   LITTLE CHAM:PIONS CHILD CARE

   
   

   Respondent

   
   

   ADMIN.ISTRATI. VE COMPLAINT

   Petitioner, Department of Children and Family Services, by and tlu·ough its undersigned counsel, files this Administrative Complaint against Respondent, Sharonda Miller, owner of Little Champions Child Care, License No. C01SR0057, to impose a fine in the amount of

   $720.00. Payment of this fine can be made directly to the Department of Children and Family Services, Child Care Licensing, 160 Governmental Center, Pensacola, Florida 32502, and must

   be paid within 21 days of receipt of this notice, unless you request a hearing.

   
   

   A uniform system of pr cedures to imposy disciplinary sanctions for violations of Sections 402:301-402.319, Florida Statutes, and Rule 65C-22,' Fl61ida Administrative Code, was created in 2008. In accordance with Section 402.310, Florida Statutes, and the Progressive Disciplinary Sanctions set forth by Rule and Statute, the Department must revoke the license in accordance with procedures prescribed in Chapter 120.

   
   

   Filed December 16, 2010 9:16 AM Division of Administrative Hearings

   
   

   The Department hereby notifies you of the intent to revoke the license of your child care center in 21 days from the service of this notification. The imposition of this process is based upon the facility receiving at least three (3) Class I violations. The Respondent, by and

   through specific actions, was cited on at least three (3) inspection reports for violations of the following: Failure to meet the basic needs of a child, inappropriate method of discipline used, label on the medication administered to a child not followed, and· for having an unscreened caregiver alone with the children . Warning notifications and fines were previously issued.

   As grounds for the imposition of these penalties;the Department states as follows:

   
   

   1. The State of Florida, Department of Children and Family Services, has jurisdiction over Respondent by virtue of the provisions of Sections 402.301-402.319, Florida Statutes.

   2. The Respondent is licensed to operate as a child care facility in compliance with Section 402.301, Florida Statutes, and Rule 65C-22, Florida Administrative Code.

   3. · Respondent committed a violation of Sections 435 and 402.3055, Florida Statutes, and Rule 65C-22.006, Florida Administrative Code, in regard to background screening of personnel. On the Child Care Inspection Checklists dated 10/7/10, 5/19/10, and 8/27/09, the facility was cited for missing background screening for child care personnel.

   4. Respondent committed a violation of Rule 65C-22.004, Florida Administrative Code, in regard to medication. On the Child Care Inspection Checklist dated 10/7/10, the facility was cited for administering an over-the-counter medication (Infant Tylenol) to a child less than two (2) years of age, which is contrary to the instructions on the label, and there was no physician's instruction to administer the medication.

      
      

   5. Respondent committed a violation of Rule 65C-22.002, Florida Administrative Code, in regard to diaper changing. On the Child Care Inspection Check.lists dated 10/7/10, 5/19/10, and '7/15/09, the facility was cited for having a·diaper changing surface which was impermeable.

   6. Respondent committed a violation of Rule 65C-22.004, Florida Administrative Code, in regard to first aid and/or cardiopulmonary resuscitation (CPR). On the Child Care Inspection Checklists dated 10/7/10, 2/5/10, 1/21/10, and 7/15/09, the facility was cited for not having·at least one staff member on site at all times with current and valid certificates of completion for first aid and/or for infant and child CPR.

   7. Respondent committed a violation of Section 402.305, Florida Statutes, and Rule 65C-22.001, Florida Administrative Code, in regard to ratios. On the Child Ca_re Inspection Checklists dated 9/16/10, 8/27/09, 7/15/09, and 10/20/08, the facility was cited for noncompliance with required staff-to-child ratios.

   8. A Notice of Administrative Action was issued 10/13/10.

      
      

   9. The above-referenced violations constitute grounds to levy this civil penalty pursuant to Sections 402.310, Florida Statutes, in that the conduct of Respondent constitutes a violation of the minimum standards, rules, and regulations for operation of a child care facility.

   10. . IF YOU BELIEVE THE DEPARTMENT'S DECISION1S IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARJNG 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 HEARJNG.

• You -may submit your request for an administrative hearing to the Department at the following address:

  Department of Children and Families Assistant Regional Counsel

  160 Governmental Center, Suite 601

  Pensacola, FL 32502

  
  

  Please note that a request for an administrative hearing must comply with Section 120.569(2)(c), Florida Statutes (2010), and Ruie 28-106.:i0I(i ), Flo: 1ida Administrative Code. Those provisions, when read together, require a petition for administrative hearing to include:

  
  

  1. The name and address of each agency affected and each agency's file or identification number, if known;

  2. 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 dete rmination,.;

  3. A statement of when and how the petitioner received notice of the agency decision;

  4. A statement of all disputed issues of material facts. If there are none, the petition must so indicate;

  5. A concise statement of the ultimate facts aiieged, including th·e

     specific facts the petitioner contends warrant reversal or modification of the agency's proposed action;

  6. A statement of the specific rnles or statutes the petitioner contends require reversal or modification of the agency's proposed action; and

  7. 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 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.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and accurate copy of the foreg ing has been furnished

6

by certified mail, return receipt requested, this 2rj-- day of

, 2010, to

Little Champions Child Care, Attention: Sharonda Miller, 8123 Navarre Parkway, Navane, Florida 32566.

KATIE GEORGE

Florida Bar No. 30066 Assistant Regional Counsel Department of Children

and Family Services

160 Governmental Center, Suite 601

Pensacola, Florida 32502

(850) 595-8057

Docket for Case No: 10-010662