STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF Certified Mail 7009 3410 0001 6527 9987 A Civil Penalty Against - Return Receipt Requested Saint Stephen Development Center d/b/a St. Stephen Child Care & Learning Center 1525 North Davis Street Jacksonville, Florida 32209 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of Seven Thousand Five Hundred Forty Dollars ($7,540.00), against Saint Stephen Development Center d/b/a-St. Stephen Child Care & Learning Center. 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, Saint Stephen Development Center, is licensed to operate St. Stephen Child Care & Learning Center-License # CO4DU0359, located at 1525 North Davis Street, Jacksonville, Florida, 32209,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 February 22, 2011, a DCF Licensing Counselor determined that: Staff members A.S., hired January 3, 2011 and T.W., hired January 31, 2011 did not have the CF-FSP Form 5131 Background Screening and Personnel File Requirement in their files. 4. FAC Rule 65C-22.006 (4), records shall be maintained and kept current on all childcare 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 Level 2 screening information documented on CF-FSP Form 5131, February 2004, Background Screening and Personnel File Requirements, which is incorporated by reference. Pursuant to the Florida Administrative Code Rule 65C-22.006 (4), this is a Class 2 violation. This same Class 2 violation was previously Filed April 25, 2011 2:03 PM Division of Administrative Hearings cited on July 10, 2009. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item #60-Background screening, the fine for this second Class 2 violation is $50.00 for each violation. Violation-!l 5. During an inspection on February 22, 2011, a DCF Licensing Counselor determined that: Staff members T.W., hired January 31, 2011, and A.S., hired January 3, 2011, did not have a updated Attestation of Good Moral Character in their files. 6. FAC Rule 65C-22.006 (4), states, a CF 1649A, January 2007, A Child Care Attestation of Good Moral Character, which is incorporated by reference, must be completed annually for all childcare personnel. CF-1649A, may be obtained from the licensing authority or on the Department of Children and Family Services website at www.myflorida.com/childcare. Pursuant to the Florida Administrative Code Rule 65C-22.006 (4), this is a Class 3 violation. This same Class 3 violation was previously cited on July 10, 2009 and July 7, 2010, Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item #60-Background screening, the fine for this third Class 3 violation is $25.00 for each violation. Violation-Ill 7. During an inspection on February 22, 2011, a DCF Licensing Counselor determined that: Staff members T.W., hired January 31, 2011, and A.S., hired January 3, 2011, did not have updated CF-FSP Child Abuse Neglect Report Requirement Forms in their files. 8. FAC Rule 65C-22.006 (4), records shall be maintained and kept current on all childcare personnel, as defined by Section 402.302 (3), F.S., and household members if the facility is located in a private residence. Pursuant to the Florida Administrative Code Rule 65C- 22.006 (4), this is a Class 3 violation. This same Class 3 violation was previously cited on July 10, 2009 and November 9, 2010. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item #60-Background screening, the fine for this third Class 3 violation is $25.00 for each violation. Violation-IV 7. During an inspection on February 22, 2011, a DCF Licensing Counselor determined that: Staff member S.J., hired August 23, 2010 did not have a Background Screening (Local Sheriff's Office Check) on file. 8. FAC Rule 65C-22.006 (4), states, personnel records shall include: Level 2 screening; Background Screening and Personnel File Requirements, which is incorporated by reference. A screening conducted under this rule is valid for five (5) years, at which time a statewide re-screening must be conducted. And Florida Statutes, ss 402.302 (13) states, “Screening”, means the act of assessing the background of childcare personnel, but is not limited to Employment History Checks, Local Criminal Records Checks through local law enforcement agencies, fingerprinting for all purposes and checks in this subsection, Statewide Criminal Records Checks through the Department of Law Enforcement and the Federal Criminal Records Checks through the Federal Bureau of Investigation. Pursuant to the Florida Administrative Code Rule 65C-22.006 (4), this is a Class 2 violation. This same Class 2 violation was previously cited on July 10, 2009 and November 18, 2009. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item #60-Background screening, the fine for this third Class 2 violation is $60.00 per day for each violation, therefore the fine is being assessed at $60.00 per day for a total of one hundred twenty four days (124) totaling amount of $7,440.00, as S.T. was hired August 23, 2010 and Local Sheriff's Office was not completed until February 24, 2011. 9. 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. 10. 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: §920 Arlington Expressway, P.O. Box 2417, Jacksonville, FL. 32231, Attention: Child Care Licensure. 11. 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) Aconcise 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, ILDREN AND/FAMILIES 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 6527 9987, , Return Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes (2005), this au y of March, 2011. Safety Program (Manager © SENDER: COMPLETE THIS’SECTION COMPLETE THIS SECTION ON DELIVERY A. Signature. pio & B. Eooived by (BARGE aol 6. faskee D. Is detivery address different from item 1? D Yes je e& Pre D below: [INo & Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. @ Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of ailplece, or on the front if space permits. { TD Agent i. f-2-Tl- Addressee | C. Date of Delivery 4. Article Addressed to: Saint Stephen Development Center B d/b/a St. Stephen Childcare & Lrng 4525 North Davis Street Jacksonville, Florida 32209 TOOAyDAICEN : O Certified Malt Kress Mall ' 1 Registered CO Return Receipt for Merchandise | ° Ci insured Mail £1 6.0.D. } 4, Restricted Delivery? (Extra Fee) 1 Yes 2, Article Number a = = - (Transfer trom service lab} 7005 3410 OO02 b527 4487 . PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1640 ° Saint Stephen Child Care & Learning Center 1525 North Davis Street + Jacksonville, Florida 32209 (904)358-2799 phone (904)359-0055 fax —— April 6, 2013 REQUEST FOR ADMINISTRATIVE HEARING This is a request for an Administrative Hearing to contest the decision that has been made relative to an Administrative Complaint resulting in an imposed Civil Penalty in the amount of Seven Thousand Five Hundred Forty Dollars ($7,540.00) against the Saint Stephen Development Center d/b/a — St. Stephen Child Care & Learning Center. Of particular interest is Violation-IV-Background Screening. Responses have been provided below to comply with section 120,569(2), Florida Statutes, and Rules 28--106.201(2), Florida Administrative code and are as follows: (a) David Tucker, Chief Legal Counsel Department of Children & Families P. O. Box 2417 Jacksonville, Florida 32231-0083 (a) Gregory D. Venz, Agency Clerk : () Department of Children & Families PS. Office of the General Counsel : 1323 Winewood Boulevard, Bldg. 1, Suite 407 Tallahassee, Florida 32301 (b) Cheryl G. Parker, Ditector Saint Stephen Development Center d/b/a Saint Stephen Child Care & Learning Center 1525 North Davis Street, Jacksonville Florida 32209 Be it known by all persons that the substantial interests of the Saint Stephen Child Care and Learning Center will be severely compromised if this fine is levied against the school. (c) Initially, Cheryl Parker received a call from Josephine Walker informing her that the penalties involved in the Background Screening citation would be very high. She requested the fax number but was informed that the fax machine was not working. The written report was received via certified mail and signed for by Cheryl Parker. Page 2: Request for Administrative Hearing Saint Stephen Child Care & Learning Center 1525 North Davis Street, Jax. Fla. 32209 (d) Violation-IV-Background Screening as indicated in the Administrative Complaint is being disputed as this individual completed a local background screening on August 19, 2010. Furthermore, this information was a patt of the employee files when the records were checked on November 9, 2010 by Josephine Walker. (e ~ g) It is alleged that during an inspection of February 22, 2011, a DCF Licensing Counselor (Josephine Walker) determined that staff member S. J., hired August 23, 2010 did not have a Background Screening(Local Sheriff's Office Check) on file. As a result of this, the department is attempting to levy a fine of $60 per day from the date of employment to the date of February 22, 2011, for a total of $7,440.00, In view of the above, we are requesting that we be heard to defend ourselves against such a claim as we feel that to be improper representation of our understanding of the rules and our efforts to operate a business by the established guidelines, Additionally, the imposition of this penalty would cause a financial hardship on our business, Your review of the material contained within would be greatly appreciated, , "$595 North Davis | — | 7 iyi ; 20. Bov aunt hale Uprida. $AI51-DOBS nc et cn cen me a ot a ; _ Oe AohiedsaaAn ORIGIN (POSTAL! SERVICE USE ONEY) © *ADAYAS TWLSOd SALVLS GILINA PRESS HARD, YOU ARE MAKING 9 COPIES. mm: FOR PICKUP OR TRACKING AM ALEL ol-Mereter] ERIN ELMIUASO EE AAC RSOENTIN When used internationally affix customs declarations . {PS Form 2976, or 976A}, _™ & ee = \ ‘, i, EXPRESS Addressee Copy JN Label 148, March 2004 . ONITED STATES POSTAL SERvicEo PostOffice Tc DELIVERY: (POSTAL USE'ONLY) sient 4 tO “ ; an i ok fe ge 2: Bimota GG HC TT 2 2 CdS NAL DESTINATIONS, WRITS COUNTRY NAME BELOW. A

Docket for Case No: 11-002085