STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAVILY SERVICES IN THE MATTER OF: A Civil Penaity Against Cert. No.: 7004 1160 0001 8262 9689 Pamela Thompson, Director Blue Star Learning Center 6030 NW 21". Avenue Miami FL, 33142 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department of Children and Family Services (‘Department’) has imposed a Civil Penalty in the total amount of $240.00. As grounds for the imposition of this penalty, the Department states the following: 4. This is an administrative action for imposition of civil penalties per known incidents of occurrence as authorized in section 402.310, Florida Statutes and rules 65C-22.010 and 65C-20.012, Florida Administrative Code. * 2. Petitioner, the Department, is the administrative agency of the State of Florida, charged with the duty to enforce and administer the provisions of Chapter 402, Florida Statutes. 3. The Respondent, Blue Star Learning Center, is licensed to operate a child care facility at 6030 NW 21 Avenue Miami FL 33142 under the provisions of Chapter 402, Florida Statutes. The Department issued license : number C141MD0997 to Respondent effective November 5, 2010 through November 4, 2011. ’ 4, This case arises from Respondent's failure to comply with Sections 402.301-402.319, Florida Statutes with respect to licensure requirements. Violation 1: Children’s Records (Class III) 5. On November 3, 2008 during a Renewal Inspection, Respondent was cited for Standard #57 Missing Student Health Examination. The student health examination records were missing or incomplete for L.L., £.R., M.M. and M.M. 6. In addition, Respondent was cited for the same non-compliance during a Routine Inspection on June 3, 2009. The student health examination records had expired for D.L. : 7. Later on October 13, 2009 during a Renewal Inspection, Respondent was cited again for a violation of “, this standard, The student health examination records had expired for K.M., K.M., 0.S., J.W., KW., T.D., T.D. and D.G.; as well, the medical exemption had expired for M.S. This marked the facility's third, Class Ul violation of this standard within a 2-year period. 8. Pursuant to Florida Administrative Code 65C-22.006, facility's must obtain, for each child, a current, complete and properly executed Student Health Examination form DH 3040 (June 2002) from the parent or legal guardian or a signed statement by authorized professionals that indicates the results of the components of the Student Health Examination. 9. Florida Administrative Codes 65C-22.010 and 65C-20.012 entitled “Enforcement” mandates the imposition of a $25.00 fine for the third Class III violation. Therefore, the Department is imposing a fine of $25.00 for this violation. . Filed May 2, 2011 2:29 PM Division of Administrative Hearings . on 10. Further, on February 3, 2010 during a Routine Inspection, a fourth violation was noted. Student health examination records were missing for Z.C and J.L. 41. Florida Administrative Codes 65C-22.010 and 65C-20.012 entitled “Enforcement” mandates the + imposition of a fine of $30.00 for the fourth violation of this standard, Therefore, the Department is imposing a fine of $30.00 for this violation. Violation 2: Background Screening (Class II) 42. On November 3, 2008 during a Renewal Inspection, Respondent was cited for Standard #60 Background Screening Requirements. Taylonda Copeland, Constance Dixon and Charlene John were missing proof of their required background screening. 43. In addition, Respondent was cited for the same non-compliance during a Routine Inspection on February 17, 2009. Documentation of a local history check was not on file for Antoinette Dingle. This marked the facility's second, Class 1! violation of this standard within a 2-year period. 44. Pursuant to 65C-22.006(4), level 2 screening shall be maintained and kept current on ail child care _ personnel, as defined by section 402.302(3), Florida Statutes. 45, Florida Administrative Codes 65C-22.010 and 65C-20.012 entitled "Enforcement" mandates the imposition of a $50.00 fine for the second Class II violation within a 2-year period. Therefore, the Department is imposing a fine of $60.00 for this violation. 16. Further, during a Routine Inspection on February 3, 2010, Respondent was again found in noncompliance because Landrea Abner was missing background screening documentation. 47. Florida Administrative Codes 65C-22.010 and 65C-20.012 entitled “Enforcement” mandates the imposition of a fine of $60.00 per day for the third violation of this Class I! standard. Therefore, the Department is imposing a fine of $60.00 for this violation. 18. Lastly, on June 28, 2010 during a Routine Inspection, documentation of Daisy McKinney's background screening was missing; arising to the fourth violation of this standard within a 2-year period. 19. Florida Administrative Codes 65C-22.010 and 65C-20.012 entitled “Enforcement’ mandates the imposition of a fine of $75.00 per day for the fourth Class II violation and conversion of the license to probation. Therefore, the Department is imposing a fine of $75.00 for this violation. 20. As this was the first administrative complaint addressing this standard within the 2-year disciplinary year, the Department did not compute the “per day” requirements. However, the next violation of this standard shall result in a fine of $75 per day and the Department may move to convert the license to probation. 21. The Department has met with the Respondent, monitored the facility, and offered assistance in correcting these repeated violations, but the Respondent has failed to remedy and abate this systematic pattern of violations. 4, 22. Gold Seal designation. The violation described in paragraph eighteen (18) constitutes a fourth Class li violation within two years as defined in child care rules 65C-20.012(3)(b) and 65C-22.010(2)(b), Florida Administrative Code. Section 402.281, Florida Statutes, requires that the Department terminate your Gold Seal designation as a result of this Class I! violation. 23. Therefore, the Department shall move to terminate your Gold Seal designation. You will be ineligible for Gold Seal designation until you have operated for a period of one year without a Class I! violation. 24. Payment of this fine can be made directly to the Department of Children and Family Services, Child Gare Licensing Unit, 401 NW 2") ave, Suite N-1026, Miami, FI. 32428. 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:, Florida Department of Children and Family Services Regional Legal Counsel's Office ATTN: Kimberly D. Coward, Esq. 401 N.W. 2™ Avenue, Suite N-1014- Miami, Florida 33128 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 i 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. {f there are none, the petition must so indicate; (f) Aconcise 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 Lb t HEREBY CERTIFY that a copy of the foregoing administrative complaint has been provided by U. S. certified mail, return receipt no. 7004 1160 0001 8262 9689 to Blue Star Learning Center c/o Pamela Thompson, Director, 6030 NW 21" Avenue, Miami FL, 33142, this g" day of February, 2011. razier “¥ Regional Program Safety Manager

Docket for Case No: 11-002216