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DEPARTMENT OF CHILDREN AND FAMILIES vs CHILD'S WORLD OF LEARNING, 11-000917 (2011)

Court: Division of Administrative Hearings, Florida Number: 11-000917 Visitors: 3
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
Source:  Florida - Division of Administrative Hearings

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