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
Issue Date |
Proceedings |
Oct. 24, 2011 |
Order Closing File. CASE CLOSED.
|
Oct. 19, 2011 |
Notice of Settlement and Voluntary Dismissal filed.
|
Oct. 10, 2011 |
Order of Pre-hearing Instructions.
|
Oct. 10, 2011 |
Notice of Hearing (hearing set for November 22, 2011; 9:00 a.m.; Jacksonville, FL).
|
Sep. 27, 2011 |
Initial Order.
|
Sep. 27, 2011 |
Administrative Complaint filed.
|
Sep. 26, 2011 |
Notice (of Agency referral) filed.
|
Sep. 26, 2011 |
Request for Administrative Hearing filed.
|