STATE OF FLORIDA

DEPARTMENT OF CHILDREN AND FAMILIES

IN THE MATTER OF

A Civil Penalty Against

Certified Mail 7005 1820 0008 0152 9561

Return Receipt Requested

Deborah Johnson d/b/a Johnson's Little Dreamers 1483 West 2ih Street Jacksonville, Florida 32209

ADMINISTRATIVE COMPLAINT

YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of Five Hundred Dollars ($ 500.00) against Deborah Johnson d/b/a-Johnson's Little Dreamers . The Department is recommending Revocation of the license under which said Respondent operates its Family Day Care Home. As grounds for the imposition of this penalty, the Department states the following:

1. The Department of Children and Families (DCF) has jurisdiction over this matter by

   virtue of the provisions of Sections 402.301 - 402.319, Florida Statutes.

   i

2. The Respondent, Deborah Johnson, is licensed to operate Johnson's Little Dreamers

   -License# F04DU0896 located at 1483 West 27th Street, Jacksonville, Florida, as a Family Day Care Home in compliance with Chapter 402, Florida Statutes (F.S.), and Florida Administrative Code (F.A.C), Rule 65C-20.

   
   

   Violation

   
   

3. During an inspection on February 22, 2011, a DCF Licensing Counselor, Jackie King determined that:

   
   

   The Family Day Care Operator was found to have concealed the presence of an unscreened individual, R.F. as a household member. On February 8, 2011, RF. was background screened and found to be disqualified. RF. and the Family Day Care Operator have been married since December 12, 2009. The renewal packet submitted on July 23, 2010, did not have the required spouse signature on required Central Abuse Hotline Record Search Form or list the spouse as

   a household member nor was R.H. listed on the application as a- household member. The

   Filed June 13, 2011 11:14 AM Division of Administrative Hearings

   Family Day Care Operator did not disclose the marriage until February 16, 2011. Additionally,

   when originally questioned on February 7, 2011, the Family Day Care Operator denied that she was married.

   
   

4. 402.302 (3), and FAC Rule 65C-20.008 (3), states, childcare personnel in Family Day Care Homes shall be subject to the applicable screening provisions contained in ss. 402.305 (2) and 402.3055. For purpose of screening in Family Day Care Homes, the term includes any member over the age of 12 years of a Family Day Care Home Operator's family, or persons over the age of 12 years residing with the Operator in the Family Day Care Home. Members of the Operator's family, or persons residing with the Operator, who are between the ages of 12 years and 18 years shall not be required to be fingerprinted, but shall be screened for delinquency records 402.305 (2) {a). 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. RAC Rule 65C-20.008 (3), a submitted CF-FSP Form 5133, will not be considered complete until the Licensing Authority received proof of backgrounds screening clearance on the Operator of the Family Day Care Home, substitutes, and on all other household members who are subject to background screening pursuant to Section 402.313 (3), F.S.

   
   

   Pursuant to Administrative Code Rule 65C-20.008 (3) this is a Class 1 violation. Pursuant to the Family Daycare Home Standards Classification Summary, CF-FSP Form 5318, Item #3- Background screening, the fine for this first Class 1 violation is not less than $100.00 nor more than $500.00 and the Department may impose other Disciplinary Sanction in additio to the fine.

   
   

   The fine is being assessed in the amount of $500.00 due to the length of time the unscreened individual was concealed who has been disqualified.

5. The Family Day Care Home operated as a 24 hour program 7 days of the week from December 12, 2009 til October 2, 2010 and 24 hour Monday thru Friday, beginning October 10, 2010. It was not until February 17, 2011, when the hours of operation change to Monday thru Friday 6:00 a.m. til 6:00 p.m. in an effort to prevent the disqualified person from having contact with the children enrolled in the child care program.

   
   

   In addition to the fine the facility license shall be REVOKED.

   
   

6. 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.

   
   

7. 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.

   
   

8. 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

Chief Legal Counsel

Department of Chlldren & Families

P.O. Box 2417

Jacksonville, FL. 32231-0083

Gregory D. Venz, Agency Clerk Department of Children & Families Office of the General Counsel

1323 Winewood Blvd., Bldg. 1, Suite 407 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:

1. The name and address of each agency affected and each agency's file or identification number, if known;

2. 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;

3. A statement of when and how the petitioner received notice of the agency decision;

4. A statement of all disputed issues of material facts. If there are none, the petition must so indicate;

5. 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;

6. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agency's proposed action; and

7. 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.

'i_11E S

STATE O.i,RIDA,

DEPART71 OF CHIL EN AND

a,'-- 6Vv /

Pamela Buckham

Safety Program ranager

CERTIFICATION OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Certified Mail, 700 1820 0008 0152 9561 RetJ,!rn Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes (2005), this d.J!riay of April, 2011.

Pam la Buckham

Safety Program M nager

Docket for Case No: 11-002949