STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES

IN THE MATTER OF

A Civil Penalty Against

A Child's Place, Inc.

6200 Southwest Archer Road Gainesville, FL 32608

Certified Mail: 7009 3410 0001 6527 8294

Return Receipt Requested

ADMINISTRATIVE COMPLAINT

YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of Two Hundred Fifty Dollars ($ 250.00) and is revoking your certification as a Gold Seal Quality Care provider. As grounds for the imposition of this penalty, the Depart­ ment states the following:

1. The Department of Children and Families, State of Florida, has jurisdiction over Respondent by virtue of the provisions of§§ 402.301 - 402.319, Florida Statutes.

2. The Respondent, A Child's Place, Inc., is licensed to operate a child care facility located at 6200 Southwest Archer Road, Gainesville, Florida 32608 in compliance with Chapter 402, Florida Statutes (Fla. Stat.), and Florida Administrative Code (F.A.C) Chapter 65C-22.

   3. Sec. 402.305(12)(a), Fla. Stat., states:

   
   

   1. CHILD DISCIPLINE.

      1. Minimum standards for child discipline practices shall ensure that age­ appropriate, constructive disciplinary practices are used for children in care. Such standards shall include at least the following requirements:

         1. Children shall not be subjected to discipline which is severe, humiliating, or frightening.

         2. Discipline shall not be associated with food, rest, or toileting.

         3. Spanking or any other form of physical punishment is prohibited.

            
            

            4. Rule 65C-22.001(8)(b), F.A.C. states:

            
            

            1. Child Discipline.

               
               

               Filed July 19, 2011 10:00 AM Division of Administrative Hearings

      2. All child care personnel must comply with the facility's written disciplinary policy. Such policies shall include standards that prohibit children from being subjected to

discipline which is severe, humiliating, frightening, or associated with food, rest, or toileting. Spanking or any other form of physical punishment is prohibited for all child care personnel.

1. The Respondent is fined $ 200.00 for a Class I violation of§ 402.305(12)(a), Fla.

   
   

   Stat., and Rule 65C-22.001(8)(b), F.A.C. On February 25, 2011, the Department's licensing counselor determined that a method of discipline was used at the facility that was severe, humiliating or frightening to children in that a teacher grabbed a 2 year old child by the legs and proceeded to hang the child upside down until he cried. She also demonstrated to another teacher that this was a method of disciplining this child.

2. Section 402.305(4)(a), Fla. Stat., states in relevant part:

1. STAFF-TO-CHILDREN RATIO.

   1. Minimum standards for the care of children in a licensed child care facility as established by rule of the department must include:

      1. For children from birth through 1 year of age, there must be one child care personnel for every four children.

      2. For children 1 year of age or older, but under 2 years of age, there must be one child care personnel for every six children.

7. Rule 65C-22.002(4), F.A.C. states,

1. Ratios.

   1. 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.

   2. Mixed Age Groups.

      1. In groups of mixed age ranges, where children under one year of age are included, one staff member shall be responsible for no more than four children of any age group, at all times.

      2. In groups of mixed age ranges, where children one year of age but under two years of age are included, one staff member shall be responsible for no more than six children of any age group, at all times.

1. The Respondent is fined $50.00 for a second Class II violation within a two year period of§ 402.305(4)(a), Fla. Stat., and Rule 65C-22.001(4), F.A.C. On February 25, 2011, the Department's licensing counselor determined that one employee has at times been supervising fifteen two year old children when a ratio of one to eleven is required for that age

   
   

   group. The Respondent was previously cited and provided technical assistance for this same type of violation on January 2, 201O (one employee supervising twelve children; ratio of one to six required).

2. Sec. 402.281(4), Fla. Stat., states in relevant part:

   
   

   1. In order to obtain and maintain a designation as a Gold Seal Quality Care provider, a child care facility, large family child care home, or family day care home must meet the following additional criteria:

      1. The child care provider must not have had any class I violations, as defined by rule, within the 2 years preceding its application for designation as a Gold Seal Quality Care provider. Commission of a class I violation shall be grounds for termination of the designation as a Gold Seal Quality Care provider until the provider has no class I violations for a period of 2 years.

   
   

3. The Respondent's certification as a Gold Seal Quality Care provider is revoked because of the Class I violation described above in paragraph 5.

4. The above referenced violations constitute grounds to levy this Civil Penalty and revoke your certification as a Gold Seal Quality Care provider pursuant to ss.402.310(1)(a) and 402.310(4), Fla. Stat., at the above referenced conduct of Respondent constitutes a violation of the minimum standards, rules and regulations for the operation of a Child Care Facility.

5. Payment of this fine should be made by cashier's check or money order made payable to the Department of Children and Families and delivered to Department of Children and Families/Child Care Licensing, 5920 Arlington Expressway, P.O. Box 2417, Jacksonville, FL 32231-0083 within thirty (30) days of receipt of this administrative complaint.

6. You have the right to contest this Civil Penalty through an administrative hearing pursuant to Chapter 120, Florida Statutes. To request an appeal hearing you must submit a written request within 21 calendar days of receipt of this Administrative Complaint. To initiate this formal review process, a petition for formal hearing must be received by the following individual within the twenty-one (21) day time frame:

   Lucy Goddard-Teel Assistant Regional Counsel

   Department of Children & Families 1000 NE 16 Avenue, Bldg. J # 3

   Gainesville, FL. 32601

   
   

   IF YOU DO NOT REQUEST A HEARING, YOUR RIGHT TO APPEAL THIS CIVIL PENALTY WILL BE COMPLETELY BARRED.

   
   

7. Your request for an administrative hearing must conform to the requirements of

F.A.C. Rules 28-106.101 and 28-106.301 and must state what issues and material facts you dispute. According to those rules, the written request for hearing must contain the following information:

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 person who is asking for the hearing (the petitioner);

3. The name, address and telephone number of the petitioner's representative, if any;

4. An explanation of how the petitioner's substantial interests are or will be affected by the agency decision;

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

6. A statement that the petitioner does not dispute the facts upon which the agency relied but that s/he wants to exercise the right to he heard anyway OR a statement that the petitioner does dispute the facts upon which the agency relied and a list of the facts in dispute;

7. A concise statement of the facts as the petitioner perceives them to be, including the specific facts set out by the agency that the petitioner wants the agency to reverse or change;

8. A statement of the specific rules or statutes that the petitioner believes requires the agency to reverse or modify its decision; and

9. A statement specifying what action the petitioner wants the agency to take in the matter.

Finally, in accordance with Chapter 120, Florida Statutes, all parties to this cause have the opportunity to respond, to present evidence and argument of all issues of involved, to conduct cross-examination and submit evidence, to submit proposed findings of facts and order, to file exceptions to any order of a hearing officer's recommended order, and to be represented by counsel (at your expense). In addition, you have the right to have subpoenas and subpoenas duces tecum issued.

Pam a Buckham /

Family Safety Program Manager/ Northeast Region Child Care Licensure

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct cop of the foregoing has been furnished to the licensee by U.S. Certified Mail# 7009 3410 0901 6527 83/!_29R4eturn Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes (20 1), this ay of March, 2011.

I c---;/  ---- --  

Pamel'a Buckharrf

Safe Program Manager

Docket for Case No: 11-003486