which was valid from March 13, 2010 through April 30, 2010 (which is when the regular annual license was due for renewal).

On April 12, 2010, Michelle Brady, identifying herself as the· on-site director, made application to the Department to operate a child care facility known as Englewood YMCA - Vineland Elementary, located at 467 Boundary Boulevard, Rotunda West, Florida 33947. As Ms. Brady was the newly appointed director and had not yet obtained her Florida Director's Credential, a second provisional license was issued for the remainder of the 6-month period allowed, certificate #C20CH6590, which was valid from

• May 1, 2010 through September 12, 2010. Per Tallahassee directive, the facility was remeasured during·a renewal inspection that occurred on April 20, 201O (all child care

  facilities had to be remeasured). As a result, a new provisional license was issued on August 6, 2010, certificate #C20CH6590, which was valid from July 29, 2010 through

  September 12, 2010 (which lowered the capacity from 150 to 120). The Department initiated the revocation process on the morning of September 13, 2010. However, Ms. Brady's Florida Director's Credential application was approved that same day, and the required credential was placed on her training transcript, as evidenced by going on-lin·e to the Department's website. Therefore, an annual license was issued at that tiine, certificate #C20CH6590, which is valid from May 1, 2010 through April 30, 2011.

  
  

  1. Progressive enforcement for repeated violations of child care licensing standards.

     ·became effective on July 1, 2008. All licensed providers had access to a copy of the new standards in 65C-22, Florida Administrative Code, and Chapters 402 and 435, Florida Statutes, governing child care on the Department's website. All providers were invited to attend provider meetings for detailed explanations of how the changes would affect them, and how progressive enforcement would be handled by child care licensing throughout the State of Florida.

     
     

     a-

  2. The licensing counselor conducted a routine inspection on December 9, 2008. During that inspection, the facility was found to be in violation of licensing standard #59, Personnel Records. There was 1.!5t ff_r:r1e '2 !,_ M._13_. (g§lt _Qf_t,ire_ Oe mb_er _1, 2008), _

- - - - · 1h-aTdlcf'nof have' compiefed 'employment application in her file on site. This was the

first occurrence of this Class 3 violation.

The licensing counselor conducted a routine inspection on August 20, 2009. During that inspection, the facility was found to be in violation of licensing standard #59, Personnel Records. There was 1 staff member, K.R. (date of hire August 10, 2009), that did not have a completed employment application in his file on site. This was the second occurrence of this Class 3 violation. At that time, an Administrative Warning was issued notifying the facility that the next violation of this same standard within a two year period would result in the imposition of an administrative fine.

The licensing counselor conducted a routine inspection on December 8, 2009. During that inspection, the facility was found to be in violation of licensing standard #59, Personnel Records. There was 1 staff member, M.L. (date of hire August 10, 2009), that did not have a completed employment application in her file on site. This was the third occurrence of this Class 3 violation. Therefore, further administrative action was warranted. An administrative fine in the amount of $25.00 was issued on December 21, 2009. No appeal was filed, and the fine was paid in full on February 5, 2010.

2

Enforcement (FDLE), and local law enforcement records checks. For the purpose of issuing a license, any out-of-state criminal offense, which if com_mitted in Florida, would constitute a disqualifying felony offense, shall be treated as a disqualifying felony offense for screening purposes under this rule. 2. An employment history check must include the previous two years, which shall include the applicant's job title and a description of their regular duties, confirmation of employmenf dates, and level of job performance. Failed attempts to obtain employment history must be documented in the personnel file, and include date, time, and the reason the information was not obtained." Chapter 65.22.006(1)Florida Administrative Code requires that records to document compliance shall be maintained at the facility and shall be available during the hours of operation for review by the licensing authority.

The acts and practices described in paragraph 8 above are violations of Section 435.04(1), Florida Statutes, which states, "(1) Allemployees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of this subsection, security background investigations shall include, but not be limited to, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records · checks through the Florida Department of Law Enforcement, and federal criminal records checks through the . Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies."

The acts and practices described in paragraph 8 above are violations of Section 435.05(1)(a) and (c), Florida Statutes, which state, "(1)(a) Every person employed in a position for which employment screening is required must, within 5 working days after starting to work, submit to the employer a complete set of information necessary to conduct a screening under this section. (c) For level 2 screening, the employer or licensing agency must submit the information necessary for screening to the Florida

Department of Law Enforcement within 5 working days after receiving it. The Florida Department of Law Enforcement wm _ conduct_ a _search  of  its _crimLQ.c!I _ a_n9_ ju v_er:iil e

· records and will request that the Federal Bureau of Investigation conduct a search of its records for each employee for whom the request is made. The Florida Department of Law Enforcement will respond to the employer or licensing agency, and the employer or licensing agency will inform the employee whether screening has revealed disqualifying information ."

1. The licensing counselor conducted a routine inspection on August 20, 2009. During that inspection, the facility was found to be in violation of licensing standard #60, Background Screening Documents . There were 2 staff, C.G. (date of hire 8/13/09) and

   K.R. (date of hire 8/10/09) that were missing employment history checks from their files on site. This was the first occurrence of this Class 2 violation. At that time, an Administrative Warning was issued notifying the facility that the next violation of this same standard within a two year period would result in the imposition of an administrative fine.

   
   

   The licensing counselor conducted a routine inspection on August 23, 2010. During that inspection, the facility was found to be in violation of licensing standard #60, Background Screening Documents . There was 1 staff member, B.W. (date of hire 6/1/10) that was missing an employment history check from her file on site. This is the

   
   

   4

   
   

   _ _ _

   second occurrence of this Class 2 violation. Therefore, further administrative action is warranted at this time.

   
   

2. The acts and practices described in paragraph 10 above are violations of Chapter 65C-22.006(4), Florida Administrative Code, which states in part, "Personnel Records. Records shall be maintained and kept current _and on file at the child care personnel, as defined by Section 402.302(3), F.S., and household members if the facility is located in a private residence. These shall include: ... (d) Initial Screening. Screening information must be documented on CF-FSP Form 5131, March 2009 Background Screening and Personnel File Requirements, which is incorporated by reference. Screening includes the following: 1. Level 2 screening as defined in Section 435.04,

   F.S., which includes at a minimum Federal Bureau of Investigations (FBI), Florida Department of Law Enforcement (FDLE), and local law enforcement records checks. For the purpose of issuing a license, any out-of-state criminal offense, which if committed in Florida, would constitute a disqualifying felony offense, shall be treated as a disqualifying felony offense for screening purposes under this rule. 2. An employment history check must include the previous two years, which shall include the applicant's job of job performance. Failed attempts to obtain employment history must be documented in the personnel file, and include date, time, and the reason the information was not obtained." ·

   
   

   The acts and practices described in paragraph 10 above are violations of Section 435.04(1), Florida Statutes, which states, "(1) All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of this subsection, security background investigations shall include, but not be limited to, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investiga tion, and may include local criminal records checks through, local law

   _ 11!orc::em nt c1gencl -§ 1

   
   

   _ _ _

   _ • . _ •. _ _ .. _

   
   

   _ _ _ . ...

   
   

   The acts and practices described in paragraph 10 above are violations of Section 435.05(1)(a) and (c), Florida Statutes, which state, "(1){a) Every person employed in a position for which employment screening is required must, within 5 working days after starting to work, submit to the employer a complete set of information necessary to conduct a screening under this section. (c) for level 2 screening, the employer or licensing agency must submit the information ·necessary for screening to the Florida Department of Law Enfor_cement within 5 working days after receiving it. The Florida Department of Law Enforcement will conduct a search of its criminal and juvenile records and will request that the Federal Bureau of Investigation conduct a search of its records for each employee for whom the request is made. The Florida Department of Law Enforcement will respond to the employer or licensing agency, and the employer or licensing agency will inform the employee whether screening has revealed disqualifying information."

   
   

3. The licensing counselor conducted a routine inspection on August 20, 2009. During that inspection, the facility was found to be in violation of licensing standard #60, Background Screening Documents. There were 2 staff, C.G. (date of hire 8/13/09) arid

   K.R. (date of hire 8/10/09) that were missing CF-FSP Form 5131, Background Screening

   and Personnel File Requirements, from their files on site. This wa.s

   the first

   
   

   5

   occurrence of this Class 2 violation. At that time, an Administrative Warning was issued notifying the facility tha. t the next violation of this same standard within a two year period would result in the imposition of an administrative fine.

   
   

   The licensing counselor conducted a routine inspection on August 23, 2010.

   During that inspection, the facility was found to be in violation of licensing standard #60, Background Screening Documents. There was 1 staff member, B.W. (date of hire 6/1/10) that was missing CF-FSP Form 5131, Background Screening and Personnel File Requirements, from her file on site. This is the second occurrence. of this Class 2 violation. Therefore, further administrative action is warranted at this time.

   
   

4. The acts and practices described if) paragraph 12 above are violations of Chapter 65C-22.006(4), Florida Administrative Code, which states in part, "Personnel Records. Records shall be maintained and kept current and on file at the child care personnel, as defined by Section 402.302(3), F.S., and household members if the facility

is located in a private residence. These shall include: ... (d) Initial Screening. Screening . information· must be documented on CF-FSP Form 5131, March 2009 Background Screening and Personnel File Requirements , which is incorporated by reference. Screening includes the following: 1. Level 2 screening as defined in Section 435.04, F.S., which includes at a minimum Federal Bureau of Investigations (FBI), Florida Department of Law Enforcement (FDLE), and local law enforcement records checks. For the purpose of issuing a license, • any out-of-state criminal offense, which if committed in Florida, would constitute a disqualifying felony offense, shall be treated as a disqualifying felony offense for screening purposes under this rule. 2. An employment history check must include the previous two years, which shall include the applicant's job title and a description of their regular duties, confirmation of employment dates, and level of job performance. Failed attempts to obtain employment history must be documented in the personnel file, and include date, time, and the reason the information was not obtained."

· The acts and practices described in paragraph 12 above are violati ns of Section .

-· 43_5· 04(1), FlorTaa Statutes wfiic-h sfat-es,-""(i-) All emp fo-ye-e,s- n poshion-sdesignatecn;-y·"· - - . .. - . - - --- -

law as positions of trust or responsibility .shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of this subsection, security background investigations shall include, but not be limited to, fingerprinting for all purposes and checks in this subsection, statewide · criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies."

The acts and practices described in paragraph 12 above are violations of Section 435.05(1)(a) and (c), Florida Statutes, which state, "(1)(a) Every person employed in a position for which employment screening is required must, within 5 working days after starting to work, submit to the_ employer a complete set bf information necessary to conduct a screening under this section. (c) For level 2 screening, the employer or licensing agency must submit the information necessary for screening to th·e Florida Department of Law Enforcement within 5 working days after receiving it. The Florida Department of Law Enforcement will conduct a search of its criminal and juvenile records and will request that the Federal Bureau of Investigat ion conduct a search of its records for each employee for whom the request is made. The Florida Department of

6

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 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: ·

Department of Children and Families Legal Counsel (Attention: Eugenie Rehak) Post Office Box 60085

Fort Myers, FL 33906

Department of Children and Families Agency Clerk (Attention: Greg Venz) Office of General Counsel

1317 Winewood Blvd Building 2, Room 204·

Tallahassee;FL 32399

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.

• -- Th-os-e provision·s,.. when reaa- w getM r-, require a petitio- n for adiii inistf ative- ffe-,riing 1-6

  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;

  3. An explanation of how the petitioner's substantial interests wili be affected by the agency determination;

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

  5. A statement of all disputed issues of material facts. If there are none, the petition

     must so indicate;

  6. 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;

  7. 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

     
     

     8

  8. 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 abov .

  
  

  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 copy hereof was sent United States Certified Mail, Return Receipt Requested, Certificate # 7008 2810 0000 1751 7236, this 8th day of November, 201O to Michelle Brady, Director and Applicant for South County Family YMCA, 701 Medical Boulevard, Englewood, Florida 34223 and Patrick Ryan, Vice President of South County Family YMCA, 701 Center Road, Venice, Florida 34292.

  
  

  =blyv

  STATE OF FLORIDA,

  DEPARTMENT OF CHiLDREN AND FAMILIES

  
  

  · MaryBeh Wehnes

  Regional Safety Program Manager

  
  

  
  

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Docket for Case No: 10-010832