ECR ee seman ors STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES ore e 21 2010 Twi IN THE MATTER OF: A Civil Penalty Against Lehigh Acres Church of God — Harvest Ministries, Inc. d/b/a Harvest Learning Center LEE COUNTY ADMINISTRATIVE COMPLAINT Nature of the Case 1. This case arises from the Child Care Facility’s failure to comply with Chapters 402 and 435, Florida Statutes, and Rule 65C-22, Florida Administrative Code. 2. This is an administrative action for imposition of civil penalties per known incidents of occurrence as authorized in Chapter 402.310, Florida Statutes. 3. The State of Florida, Department of Children and Families, is the administrative agency of the State of Florida charged with the duty to enforce and administer the provisions of Chapters 402 and 435, Florida Statutes, and Rule 65C-22, Florida Administrative Code. 4. On June 24, 2009, Marlenis Herrera, identifying herself as the on-site director of Harvest Learning Center, and Osborne Ramkisson as the designated corporate representative of Lehigh Acres Church of God — Harvest Ministries, Inc., made application to operate a child care facility known as Harvest Learning Center at 200 Lee Boulevard, Lehigh Acres, FL 33936. On July 2, 2009, the Department issued an annual license, certificate #C20LE0050, which was effective from July 40, 2009 through July 9, 2010. 5. On May 28, 2010, Barbara Daring, identifying herself as the on-site director of Harvest Learning Center, and Marianne Jefferson as the designated corporate representative of Lehigh Acres Church of God — Harvest Ministries, Inc., made application to operate a child care facility known as Harvest Learning Center at 200 Lee Boulevard, Lehigh Acres, FL 33936. On July 9, 2010, the Department issued an annual license, certificate #C20LE0050, which is effective from July 10, 2010 through July 9, 2011. 6. Progressive Enforcement for repeated violations of child care licensing standards became effective on July 1, 2008. All licensed providers received a copy of the new standards in 65C-22 Administrative Code and 402 Florida Statutes, governing child care. 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. 7. During a routine inspection on October 21, 2009, the facility was cited for non- compliance in regard to Ratio Sufficient. There was one staff person present with 22 three and four year oid children. In addition, in the toddler room, there Filed March 1, 2011 8:31 AM Division of Administrative Hearings were 2 staff present with 13 one and two year old children. This was the first occurrence of this Class II violation and an Administrative Warning was issued at that time. A complaint alleging a violation of Ratio Sufficient was received in the child care licensing unit on December 17, 2008. On December 23" the licensing counselor conducted a follow up visit to the facility and observed 33 children, including one year olds, present in the cafeteria with 2 staff. This was the second occurrence of this Class If violation and a $50 fine was imposed. During a complaint investigation on June 25, 2010, the facility was cited for non- compliance in regard to Ratio Sufficient. There were 4 staff observed with 25 children of various ages including one year olds. The Director also admitted to having been off ratio the day before. This was the third occurrence of this Class II violation and a $60 fine was imposed. During a complaint inspection conducted on November 8, 2010, the facility was cited for non-compliance in regard to Ratio Sufficient. While in the infant room, one teacher left the room to prepare a bottle in another room leaving one teacher to supervise 8 infants. This was the fourth occurrence of this Class I] violation. The acts and practices described in paragraph 7 are violations of Florida Administrative Code, Chapter 65C-22.001(4) which states: “(4) Ratios (a)The staff-to-child ratio, as established in Section 402.305(4), F.S., is based on primary responsibility for the direct supervision of children and applies at all times while children are in care. (b) Mixed Age Groups : 4. In groups of mixed age ranges, where children under one (1) year of age are included, one (1) staff member shall be responsible for no more than four (4) children of any age group, at all times. 2. In groups of mixed age ranges, where children one (1) year of age but under (2) years of age are included, one (1) staff member shail be responsible for no more than six (6) children of any age group, at all times. The acts and practices described in paragraph 7 above are a violation of Section 402.305 (4)(a), Florida Statutes, which states: “Minimum standards for the care of children in a licensed child care facility as established by rule of the department must include: 4. For children from birth through 1 year of age, there must be one child care personnel for every four children. 2. For children 4 year of age or older, but under 2 years of age, there must be one child care personnel for every six children. 3. For children 2 years of age or older, but under 3 years of age, there must be one child care personnel for every 11 children. 4. For children 3 years of age or older, but under 4 years of age, there must be one child care personnel for every 15 children. 5. For children 4 years of age or older, but under 5 years of age, there must be one child care personnel for every 20 children. : 10. 6. For children 5 years of age or older, there must be one child care personnel for every 25 children. 7. When children 2 years of age and older are in care, the staff-to-children ratio . shall be based on the age group with the largest number of children within the group.” During a routine inspection on October 21, 2009, the facility was cited for non- compliance with regard to Supervision. Direct supervision of children in the 3 and 4 year old group was inadequate in that 1 staff person was present with 22 three and four children. This was the first occurrence of this Class Il violation and an Administrative Warning was issued at that time. During a complaint inspection on November 8, 2010, the facility was cited for non-compliance with regard to Supervision. An assessor from another agency documented that on October 21, 2010 two children were observed holding another child upside down by his feet from the upper part of one of the slides. This went unnoticed by staff. During the inspection on November 8, 2010, while walking up to the outdoor play area, the licensing counselor observed children wrestling on the ground. This was not addressed by staff and continued until the counselor entered the playground and reached the children. These two events resulted in the second citation for this Class II violation. The acts and practices described in paragraph 9 are violations of Florida Administrative Code, Chapter 65C-22.001(5)(a) which states, in part, “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. Child care personnel at a facility must be assigned to provide direct supervision to a specific group of children, and be present with that group of children at all times.” The Department is imposing a $75.00 fine for the fourth occurrence of the Class Il violation regarding failing to maintain adequate staff to child ratios. A fine of $50.00 is being imposed for the second occurrence of the Class II violation regarding failing to maintain adequate supervision. Additionally, pursuant to Rule 65C-22.010(2)(e)2d, Florida Administrative Code and based on the violations of the Florida Administrative Code with regard to Ratio, the Lehigh Acres Church of God-Harvest Ministries, Inc., DBA Harvest Learning Center, annual license, certificate #C20LE0050, is hereby converted to a PROBATIONARY STATUS LICENSE for a period of six (6) months. TOTAL ADMINISTRATIVE FINE: $125.00 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 haring 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; (c) An explanation of how the petitioner’s substantial interests will be affected by the agency determination; (d) A statement of when and how the petitioner received notice of the agency decision; (e) A statement of all disputed issues of material facts. If there are none, the petition must so indicate; . (f) 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; (g) 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 (h) 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. 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 | hereby certify that a true copy hereof was sent United States Certified Mail, Return Receipt Requested, Certificate #7008 2810 0000 1751 7199, this 17" day of December, 2010 to Barbara Daring, Harvest Learning Center, 200 Lee Boulevard, Lehigh Acres, FL 33936 and Marianne Jefferson, Lehigh Acres Church of God — New Harvest Ministries, Inc., 200 Lee Boulevard, Lehigh Acres, FL 33936. . STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES Mary hae Wehnes Regional Safety Program Manager State of Florida County of Hillsborough The foregoing instrument was acknowledged before me this |-4th day of , 2010 by who is personally known to me. 1 | SALINA SMITH VAL Commission # DD 964580 -f Signature Expires February 23, 2014 & Notary Public Bonded Thu Troy Fain insurance 800-385-7019 z CC: Eugenie Rehak, DCF Legal Counsel Alice Parrish, Child Care Licensing Supervisor tum Recelpt Fee Rel (Endorsement Required) Restricted Delivery Fee (Endorsement Required) 7004 2810 OOOO Lesh 7144

Docket for Case No: 11-001081