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DEPARTMENT OF CHILDREN AND FAMILIES vs ST. STEPHEN DEVELOPMENTAL CORP., D/B/A STEPHEN CHILD CARE AND LEARNING CENTER, 11-004976 (2011)

Court: Division of Administrative Hearings, Florida Number: 11-004976 Visitors: 3
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: ST. STEPHEN DEVELOPMENTAL CORP., D/B/A STEPHEN CHILD CARE AND LEARNING CENTER
Judges: LAWRENCE P. STEVENSON
Agency: Department of Children and Family Services
Locations: Jacksonville, Florida
Filed: Sep. 27, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, October 24, 2011.

Latest Update: Dec. 24, 2024
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF Certified Mail 7011 0470 0002 3594 3035 A Civil Penalty Against Return Receipt Requested St. Stephen Development Corporation 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 Five Hundred Dollars ($500.00), against St. Stephen Development Corporation, d/b/a St. Stephen Child Care & Learning Center, The Department is recommending Revocation of the license under which said Respondent operates its Child Care Facility. 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, St. Stephen Development Corporation, is licensed to operate St. Stephen Child Care & Learning Center - License #C04DU0359, 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 a complaint investigation conducted on April 8, 2011, a DCF Licensing Counselor, Lindzay Davies, determined that: Direct supervision of children in the two (2) year-old group was inadequate, in that a child lost a tooth, due to an unknown facial trauma, and no staff member could determine or explain how this happened. . 4. FAC Rule 65C-22.001(5)(a), states, Direct supervision means watching and directing children’s activities within the same room or designated outdoor play area, and responding to the needs of each child. Child care personnel at a facility must be assigned to provide direct supervision to a specific group of children, and be present with that group of children at all times. When caring for school-age children, child care personnel shall remain'responsible for the supervision of the children in care, shall be capable of responding to emergencies, and are accountable for children at all times, including when children are separated from their groups. Pursuant to the Florida Administrative Code Rule 65C-22.001(5)(a), this is a Class 2 violation. However, due to the injury to the child which occurred, it has been escalated to a Class 1 violation. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item #5-Supervision, the fine for this first Class 1 violation is not less than $100.00, nor more than $500.00. Due to the serious nature of the violation, this fine is being assessed at $500.00. In addition to the fine levied, the Department shall seek to REVOKE the Respondent’s license, as this was the fourth Class 1 violation incurred by the facility in a two (2) year period. 5. 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. 6. 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. 7. 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 Blvd., 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) 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; (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, DEPARTMENT HILDREN AND FAMILIES Pamela Buckham Safety Program Manager CERTIFICATION OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Certified Mail, 7011 0470 0002 3594 3035 Return Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes (2005), this o4 'y of August, 2011. STATE OF FLORIDA, DEPARTME F CHILDREN & FAMILIES Pamelaf(Buckham Safety Program Manager

Docket for Case No: 11-004976
Source:  Florida - Division of Administrative Hearings

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