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DEPARTMENT OF CHILDREN AND FAMILIES vs DANYELLE TURNER, D/B/A ALADDAN CHRISTIAN LEARNING CENTER, 12-000262 (2012)

Court: Division of Administrative Hearings, Florida Number: 12-000262 Visitors: 20
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: DANYELLE TURNER, D/B/A ALADDAN CHRISTIAN LEARNING CENTER
Judges: F. SCOTT BOYD
Agency: Department of Children and Family Services
Locations: Jacksonville, Florida
Filed: Jan. 18, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, April 10, 2012.

Latest Update: Dec. 24, 2024
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF Certified Mail 7009 3410 0001 6528 3403 A Civil Penalty Against Return Receipt Requested Aladdan Christian Learning Center, Inc. 3839 Division Street Jacksonville, Florida 32209 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of Six Hundred Thirty Dollars ($630.00),against Aladdan Christian Learning Center, Inc. . 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, Aladdan Christian Learning Center, Inc. , is licensed to operate Aladdan Christian Learning Center-License # CO04DU0661, located at 3839 Division Street, {os 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 on April 21, 2010 a DCF Licensing Counselor determined that: Staff member D.M. was observed supervising a mixed age group two (2) one year olds; one (1) two year old; and two (2) infants. Two (2) staff members were required for this group of children. 4. FAC Rule 65C-22.004 (4) (a), states, that 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 in care. In groups of mixed age ranges where children under one (1) 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), this is a Class 2 violation, This same Class 2 violation was previously cited on September 3, 2009. Pursuant to the Child Care Facility Standards Classification i. = reraecel iad ive Hearings ° Summary, CF-FSP Form 5316, Item #4-Ratio sufficient the fine for this second Class 2 violation is $50.00. Viotation-I! 4. During a complaint investigation on April 21, 2010 a DCF Licensing Counselor determined that: Licensing Counselor J.K. observed, staff member L.R. arrive in the facility's van. Ten (10) children, approximately age three years old to school age were observed exiting the vehicle. Upon immediate inspection of the van after it’s arrival, the 15 passenger van was observed with five (5) operable seat belts. 5. FAC Rule 65C-22.001 (6) (e), states, each child , when transported, must be in an individual factory installed seat belt or federally approved child safety restraints, unless the vehicle is excluded from this requirement by Florida Statute. Pursuant to the Florida Adininistrative Code Rule 65C-22.001 (6) (e), this is a Class 1 violation. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item #8-Seat belts, child restraints the fine for this first Class 1 violation is not less than $100.00 nor more than $500.00. The fine is being assessed in the amount of $500.00, for each child not properly restrained. Violation Ill On April 23, 2010; A.F., Facility Director at Kyra’s Child Development Center, License # C04DU0813, observed S.B. transporting a group of children enrolled at Aladdan Christian Leaming Center to Kyra’s Child Development Center. S.B.’s personnel record did not include a copy of the driver’s physician certification which grants medical approval to operate a vehicle. 6. FAC Rule 65C-22.001 (6) (a) (2) states, when any vehicle is regularly used by a childcare facility to provide transportation, the driver shall have a current Florida Driver's License, an annual physical examination which grants medical approval to drive, and a valid certificate (s) of course completion for first aid training and children cardiopulmonary resuscitation (CPR) procedures. Pursuant to the Florida Administrative Code Rule 65C-22.001 (6) (a), this is a Class 3 violation. This same Class 3 violation was previously January 15, 2009; February 9, 2009 and April 8, 2009. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item # 6-Driver’s license, physician certification, the fine for this fourth Class 3 violation is $30.00 per day. The fine is being assessed in the amount of $30.00, due to S.B, transported the children only on April 23, 2010. Violation IV On April 23, 2010, a review of staff member S.B.’s personnel record (no date of hire on file), included only a Local Criminal Check. There was no documentation in the file that the FDLE and FBI Criminal Checks had been submitted and /or clearance letter obtained. 7. FAG Rule 65C-22.006 (4), (1) & (2), Level 2 screening as defined in Section 435.04, F.S., which includes at a minimum Federal Bureau of Investigations (FBI), Florida Department of Law Enforcement (FDLE), and Local Law Enforcement Records Check. Level 2 screening includes an Employment History Check that includes the previous two (2) years. An Employment History Check conducted under this rule shall include the applicant’s position description, confirmation of employment dates from previous job (s) and level of job performance. Failed attempts to obtain the Employment History must be documented in the personne! file and include date, time and the reason the information was not obtained. Pursuant to the Florida Administrative Code Rule 65C-22.006 (4) (1) & (2), this is a Class 2 violation. This same Class 2 violation was previously cited on August 25, 2008. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item # 60- Background screening, the fine for this second Class 2 violation is $50.00. 8. 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. . 9. 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. 10. 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 420, 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, mene ty 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, 7005 1820 0008 0152 3403, Return Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes (2005), this i¢flday of September 2010. STATE OF FLORIDA, DEPAR’ NT OF CHILDREN & FAMILIES GANL Panjela Buckham Safety Program Mariager “ STATE OF FLORIDA : DEPARTMENT OF CHILDREN AND FAMILIES IN THE MATTER OF : Certified Mail 7009 3410 0001 6528 4745 A Civil Penalty Against ‘Return Receipt Requested Aladdan Christian Learning Center 3839 Division Street Jacksonville, Florida 32209 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of Fifty Dollars ($ 50.00), against Aladdan Christian Learning Center, Inc.. As grounds for the imposition of this penalty, the Department states the following: 1. The State of Florida, Department of Children and Families (OCF) has jurisdiction over this matter by virtue of the provisions of Sections 402.301 — 402.319, Florida Statutes. 2. The Respondent, Aladdan Christian Learning Center, Inc., is licensed to operate Aladdan Christian Learning Center-License # CO4DU0661, located at 3839 Division 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. Viotation 3. During an inspection on December 8, 2009, a DCF Licensing Counselor determined that: The rear gate to the outdoor play area was left open and children could exit the playground area, 4. FAC Rule 65C-22.002 (4) (e), states, the outdoor play area shall have and maintain safe and adequate fencing or walls a minimum of four (4) feet in height. Fencing, including gates, must be continuous and shall not have gaps that would allow children to exit the outdoor play area. The base of the fence must remain at ground level and be free from erosion or build-up to prevent inside or outside access by children or animals. Pursuant to the Florida Administrative Code Rule 65C-22.002 (4) (e), this is a Class 2 violation. This same Class 2 violation was previously cited on December 3, 2008. Pursuant to the Child Care Facility Standards Classification Summary, CF-FSP Form 5316, Item #22-Fencing wall gate with gaps, the fine for this second Class 2 violation is $50.00. 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 24 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, DEPARTMENY OF CHILDREN AND FAMILIES Pamefa Buckha f 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, 7009 3410 0001 6528 aie) ae Receipt Requested, in accordance with ss. 120.60(3), Florida Statutes (2005), this 4tMay of October, 2010. STATE OF FLORIDA, DEPARTMENT OF CHILDREN & FAMILIES | BWW Pamela‘Buckham Safety Program Manager

Docket for Case No: 12-000262
Issue Date Proceedings
Apr. 16, 2012 Undeliverable envelope returned from the Post Office.
Apr. 10, 2012 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Apr. 10, 2012 Notice of Settlement and Voluntary Dismissal filed.
Mar. 02, 2012 Order Granting Motion to Amend Administrative Complaint
Mar. 02, 2012 Order Granting Continuance and Re-scheduling Hearing (hearing set for April 11, 2012; 9:30 a.m.; Jacksonville, FL).
Feb. 29, 2012 Motion for Leave to Amend Complaint and to Continue Hearing filed.
Feb. 03, 2012 Order of Pre-hearing Instructions.
Feb. 03, 2012 Notice of Hearing (hearing set for March 6, 2012; 9:30 a.m.; Jacksonville, FL).
Jan. 26, 2012 Joint Response to Initial Order filed.
Jan. 24, 2012 (Corrected) Administrative Complaint filed.
Jan. 24, 2012 (Corrected) Request for Administrative Hearing filed.
Jan. 18, 2012 Initial Order.
Jan. 18, 2012 Notice (of Agency referral) filed.
Jan. 18, 2012 Request for Administrative Hearing filed.
Jan. 18, 2012 Administrative Complaint filed.
Source:  Florida - Division of Administrative Hearings

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