XN THE MATTER OF: ; Pires BG STATE OF FLORIDA Br DEPARTMENT OF CHILDREN AND FAMILIES joy, , 7 Oy A Civil Penalty Against Windmil! Creek Academy, Inc D/B/A Windmill Creek Academy COLLIER COUNTY ADMINISTRATIVE COMPLAINT Nature of the Case _ ‘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. _ This is an administrative action for imposition of civil penalties per known incidents of occurrence as authorized in Chapter 402.310, Florida Statutes. _ 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 Chapter 402, and 435, Florida Statutes and Rule 65C-22, Florida administrative code. . . On April 27, 2009, Janine Connell, identifying herself as the director, made application to the Department to operate a child care facility known as Windmill Creek Academy located at 2682 South Horseshoe Court, Naples, FL 34104. An annual license was issued, Certificate # C20CO0025 which was valid ftom July 1, 2009 to June 30, 2010. This facility renewed their license on June 14, 2010. The current license, certificate # C20C00025, is valid from July 1, 2010 to June 30, 2011. . Progressive Enforcement for repeated violations of child care licensing standards became effective 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 During a routine inspection on February 1, 2010, the facility was cited for non- compliance due to missing level 2 Jocal law background screening for staff S.K. S.K. began working at the facility on November 23, 2009 and as: of the routine inspection date of February 1, 2010 a local law background check had not been conducted. An Administrative Warning was issued at that time. Filed May 11, 2011 10:16 AM Division of Administrative Hearings iif 2011 Aral Fy a 7. During a routine inspection conducted on September 29, 2010, the facility was cited for non-compliance regarding missing level 2 screening for staff member T.R. who began employment on February 26, 2010 and did not have a level 2 background screening for local law. Staff member J.V., start date January 29, 2010, also did not have a level 2 local law background check completed. 8. The acts and practices described in paragraphs 6 and 7 above are violations of Chapter 65C-22.006(4), Florida Administrative Code, which states in part, “(4) Personnel Records. Records shall be maintained and kept current on all child care personnel, as defined by s. 402.302(3), F.S., and household members if the facility is located in a private residence. These shall include: ... (d) Initial Screening. Screening information must be documented on CI-FSP Form 5131, March 2009 Background Screening and Personnel File Requirements, which is incorporated by veference. Screening includes the following: 1. Level 2 screening as defined in Section 435.04, F.S., which includes at a minimum Federal Bureau of Investigations (FBD, Florida Department of Law Enforcement (FDLE), and local law enforcement records checks. For the purpose of issuing a license, any out-of-state criminal offense, which if committed in Florida, would constitute a disqualifying felony offense, shall be treated as a disqualifying felony offense for screening purposes under this rule. 2, An employment history check must include the previous two years, which shall include the applicant’s job title and a description of their regular duties, confirmation of employment dates, and level of job performance. Failed attempts to obtain employment history must be documented in the personnel file, and include date, time, and the reason the information was not obtained.” Chapter 65.22.006(1) Florida Administrative Code requires that records to document compliance shail be maintained at the facility and shall be available during the hours of operation for review by the licensing authority.” Subsection 402.302(3), Florida Statutes, states in part, “’Child care personnel’ means all owners, operators, employees, and volunteers working in a child care facility...” : Subsection 402.302 (14), Florida Statutes, states, “’Screening’ means the act of assessing the background of child care personnel and volunteers and includes, 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 federal criminal records checks through the Federal Bureau of Investigation.” Subsection 402.305(2), Florida Statutes, states in part, “Personnel—Minimum standards for child care personnel shall include minimum requirements as to: (a) Good moral character based upon screening. This screening shall be conducted as Ne provided in chapter 435, using the level 2 standards for screening set forth in that chapter.” In this matter, the Department hereby imposes a fine of $50.00 for the second occurrence of a Class 2 Background Screening violation. TOTAL ADMINISTRATIVE FINE: $50.00. 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 Bivd Building 2, Room 204 Tallahassee, FL 32399 Please note that a request for an administrative haring must comply with section 420.569(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; : (gy 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 I hereby certify that a true copy hereof was sent United States Certified Mail, Return Receipt Requested, Certificate # 7008 2810 0000 1695 3370, this 6th day of April, 2011 to Janine Connell, Designated Representative for Windinill Creek Academy, Inc. 2682 South Horseshoe Court, Naples, FL 34104. STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES RQ» WDM pad Mary Beth Wehnes Regional Safety Program Manager State of Florida County of Hillsborough Th foregoing. instrument. was arlenawlerlaad hefare mao thin lath. - Sh and f : ‘ ON DELIVERY, personally kncayaN pists eecte] (ahaa een Ne | COMPLETE THIS SECTION ON RY, «| Complete items 1, 2, and 3. Also complete A. Signature 1 Agent * item 4 If Restricted Delivery Is desired. X Xx 0 ©. Tx ressee © Ay ii Print your name and address on the reverse a , so that we can return the card to you. B. Recelved by (Printed Name} . Date $f Delivery ignatur e Attach this card to the back of the mailpiece, Notary Public or on the front if space permits. 1. Article Addressed to: CC: Eugenie F \Nindmill Creek Academy Alice Parr 2L-B2- Sp. Horcesine C Naples, FL DAI04 APR 08 2011 JOBNSING Mait (1 Express Mail Di Registered $8 Retum Recelpt for Merchandise O Insured Mail == 1 6.0... 4, Restricted Delivery? (Extra Fee) - O Yes 2. Article Number 7008 2610 0000 1695 3370 (Transfer from service label} ————— eee PS Form 3811, February 2004 Domestic Return Receipt

Docket for Case No: 11-002322