STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF Certified Mail 7011 0470 0002 3594 3769 A Civil Penalty Against Return Receipt Requested King’s Kids Learning Center, Inc. d/b/a King’s Kids Learning Center 9077 Lem Turner Road Jacksonville, Florida 32208 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of One Hundred and Fifty Dollars ($150.00), against King’s Kids Learning Center, Inc., d/b/a King’s Kids 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, King’s Kids Learning Center, Inc., is licensed to operate King’s Kids Learning Center - License #C04DU0708, located at 9077 Lem Turner Road, Jacksonville, Florida 32208, 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-l 3. During a complaint investigation conducted on September 22, 2011, a DCF Licensing Counselor, Rebekah Caldwell, determined that: In the infant room, a group of five (5) infants was observed to be supervised by only one (1) staff member. Ratio standards require one staff member for every four (4) infants in the group. Additionally, a mixed group of eight (8) children, consisting of one and two year old children was observed to be supervised by only one (1) staff member. When one year olds are included in the group, one staff member shall be responsible for no more than six (6) children at any one time. Filed January 12, 2012 4:47 PM Division of Administrative Hearings 4. FAC Rule 65C-22.001(4)(a)(b)(1), states, the staff to child ratio as established in s. 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; in mixed age ranges, where children under one (t) year of age are included, one (1) staff member shall be responsible for no more than four (4) children of any age group at all times. Pursuant to the Florida Administrative Code Rule 65C-22.001(4)(a)(b){1), this is a Class 2 violation. This same Class 2 violation was previously cited on March 10, 2010, August 3, 2010, January 18, 2011, and again on September 19, 2011. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item #4-Ratio Sufficient, the fine for this fifth Class 2 violation, assessed at the amount of $100.00 a day, for the one (1) day period in which the standard was out of compliance, is $100.00. The department shall also seek Revocation of the facility's license for violating the terms of probation. In addition to the fine levied above the Respondent’s License will be REVOKED, as this is their fifth Class 2 violation for ratio. The Department shall Suspend the license. The Department has to REVOKE the license, due to the history of Class 2 violations of the same standard within a two (2) year period. Violation-Il 5. During a complaint investigation conducted on September 22, 2011, a DCF Licensing Counselor, Rebekah Caldwell, determined that: Personnel was insufficient to meet ratio requirements during naptime. The one (1) year old classroom contained nine (9) sleeping children, with only one staff member present to supervise. There should have been at least two (2) staff members present for compliance. 6. FAC Rule 65C-22.001(5){a-b), 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. During nap time, supervision means sufficient staff in close proximity, within sight and hearing of ail the children. Children who are up to 24 months of age, must be directly supervised at ail times. Pursuant to the Florida Administrative Code Rule 65C-22.001(5)(a-b), this is a Class 2 violation. This same Class 2 violation was previously cited on March 10, 2010. Pursuant to the Child Care Facility Standards Classification Summary, CF- FSP Form 5316, Item #5-Supervision, the fine for this second Class violation is $50.00. 7. The above referenced violations constitute 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. 8. 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. 9. Failure to pay the fines 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., Bidg. 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 QF CHILDREN 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 3769 Return Receipt Requested, in accordance with ss. 120,60(3), Florida Statutes (2005), this fe ay of December, 2011. STATE OF FLORIDA, CHILDREN & FAMILIES ickham / le Safety Program Manager COMPLETE THIS SECTION ON DELIVERY: Pay 8 [ \ L y onde, I D. Is delivery address different from tem 12] Yes if YES, enter delivery address below; C1 No | SENDER: COMPLETE THIS SECTION. —- - | Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ,¢ ' @ Print your name and address on the reverse so that we can return the card to you. 9 Attach this card to the back of the mailplece, ° or on the front if space permits. 1. Article Addressed to: King’s Kids Learning Center 9077 lem Turner Road Jacksonville, Florida 32208 3. Service Type Cl Cortifled Mell 1 Express Mall ; | } 1 Registered CO Return Recelpt for Merchandise | O insured Mall = 1.0.0. 4. Restricted Delivery? (Extra Fee) 1 Yes 2, Arlclo Number ‘202% 0470 oOOR 3594 37E9 || (Transfer trom service labe) ’ Leeeneeeenere meee eee » PS Form 3811, February 2004 Domestic Return Recelpt 102595-02-M-1840|

Docket for Case No: 12-000170