Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: CHILD'S WORLD OF LEARNING
Judges: BARBARA J. STAROS
Agency: Department of Children and Family Services
Locations: Daytona Beach, Florida
Filed: Feb. 21, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, March 14, 2011.
Latest Update: Jul. 05, 2024
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
IN THE MATTER OF Certified Mail 7009 3410 0001 6528 1959
A Civil Penalty Against Return Receipt Requested
Child’s World of Learning, Inc.
2700 Enterprise Road
Orange City, Florida 32763
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount
of One Hundred Dollars ($100.00), against Child’s World of Learning, 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, Child’s World of Learning, is licensed to operate Child’s World of
Learning -License # CO7VO005, located at 2700 Enterprise Road Orange City, Florida, 32763
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 a complaint investigation on September 24, 2010, a DCF Licensing Counselor
determined that:
A staff member caused a seven year old afterschool child (M.G.) to bite his tongue and split his
lip when she placed child (M.G.) on a mat with too much force.
4. FAC Rule 65C-22.001 (11), states, the Owner, Operator, employee or substitute, while
caring for children committed an act or omission that meets the definition of child abuse or
neglect provided in Chapter 39, Florida Statutes. Pursuant to the Florida Administrative Code
Rule 65C-22.001 (9), this is a Class 1 violation. Pursuant to the Child Care Facility Standards
Classification Summary, CF-FSP Form 5316, Item #63-Child Abuse /Neglect, the fine for this
Class 1 violation is not less than $100.00 nor more than $500.00. The fine is being assessed in
the amount of $100.00, due to this being the first Class 1 violation for this facility.
Filed February 21, 2011 8:49 AM Division of Administrative Hearings
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 1959, Return Receipt Requested, in accordance
with ss. 120.60(3), Florida Statutes (2005), this Z Tay of January, 2011.
STATE OF FLORIDA,
DEPARTMENT OF CHILDREN & FAMILIES
Pamela Buckham
Safety Program Manager
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
IN THE MATTER OF Certified Mail 7009 3410 0001 6528 2253
A Civil Penalty Against Return Receipt Requested
Child’s World of Learning, Inc.
2700 Enterprise Road
Orange City, Florida 32763
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount
of Twenty-Five Dollars ($25.00), against Child’s World of Learning, 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, Child’s World of Learning, is licensed to operate Child’s World of
Learning -License # CO7VO005, located at 2700 Enterprise Road Orange City, Florida, 32763
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 December 2, 2010, a DCF Licensing Counselor
determined that:
Bottles and sippy cups were not labeled with the child’s first and last name.
4. FAC Rule 65C-22.008 (3), states, alt bottles and sippy cups prepared and used
throughout the day or brought from home shall be individually labeled with the child’s first and
last name. Sippy cups and bottles brought from home shall be returned to the custodia! parent
or legal guardian daily. Pursuant to the Florida Administrative Code Rule 65C-22.005 (3), this
is a Class 3 violation. This same Class 3 violation was previously cited on March 3, 2009 and
July 27, 2009. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP
Form 5316, Item # 53-Bottles not labeled, the fine for this third Class 3 violation is $25.00.
5. 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.
6. 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.
7. Failure to pay the fine imposed in this Administrative Complaint will result 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 21
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 1323 Winewood Bivd., Bldg. 1, Suite 407
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
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.
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
proposals to resolve the complaint without a formal hearing.
STATE OF FLORIDA,
DEPARTMENT.OF CHILDREN AND FAMILIES
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, 7008 3410 0001 6528 2253, Return Receipt Requested, in accordance
with ss. 120.60(3), Florida Statutes (2005), this 3” “Gay of January, 2011.
STATE OF FLORIDA,
DEPARTMENT OF CHILDREN & FAMILIES
Pameia Byckham
Docket for Case No: 11-000917
Issue Date |
Proceedings |
Mar. 14, 2011 |
Order Closing File. CASE CLOSED.
|
Mar. 10, 2011 |
Letter to DOAH from J. Morales requesting to cancel hearing filed.
|
Mar. 07, 2011 |
Notice of Hearing by Video Teleconference (hearing set for May 11, 2011; 9:30 a.m.; Daytona Beach and Tallahassee, FL).
|
Mar. 07, 2011 |
Order of Pre-hearing Instructions.
|
Feb. 21, 2011 |
Initial Order.
|
Feb. 21, 2011 |
Notice (of Agency referral) filed.
|
Feb. 21, 2011 |
Request for Administrative Hearing filed.
|
Feb. 21, 2011 |
Administrative Complaint filed.
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