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DEPARTMENT OF CHILDREN AND FAMILIES vs A CHILD'S PLACE INC., D/B/A A CHILD'S PLACE, INC., 12-003626 (2012)

Court: Division of Administrative Hearings, Florida Number: 12-003626 Visitors: 154
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: A CHILD'S PLACE INC., D/B/A A CHILD'S PLACE, INC.
Judges: E. GARY EARLY
Agency: Department of Children and Family Services
Locations: Gainesville, Florida
Filed: Nov. 07, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, January 11, 2013.

Latest Update: Nov. 16, 2024
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: A GChild’s Place Inc. Certified Mail: 70110470000235946111 d/b/a A Child’s Place Inc. Return Receipt Requested 6200 Southwest Archer Road Gainesville, Fl. 32608 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of One Hundred Dollars ($100.00) and Revocation of the Gold Seal Quality Care designation. The Department’s authority and grounds to impose this sanction are explained below: 1. The Department of Children and Families is authorized by section 402,310, Florida Statutes, to sanction A Ghild’s Place Inc., d/b/a A Child’s Place Inc. for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. A Child’s Place Inc. is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as A Child’s Place Inc. located at 6200 Southwest Archer Road, Gainesville, Fl. 32608. The facility license is currently a REGULAR license. 3. During a complaint investigation on 4/30/12, DCF licensing counselor Agaither Durr, determined that: On 4/27/12, two two-year-old children exited the facility's play area unnoticed. They passed through the front parking lot and were found by an unknown woman on the sidewalk parallel to Archer Road, a busy 6-lane highway, where cars travel in excess of 45 miles per hour.” 4. The foregoing facts violate Administrative Code 65C-22..001(5) (a) which 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 personne! at a facility rust be assigned to provide direct supervision to a specific group of children, and be present with that group of children at all times. 5. The violation described above is a Class | violation of child care licensing standards. It is the facility's first Class | violation of Supervision or of any standard within a two-year period. There are no prior supervision violations. The fine imposed for this violation is One Hundred Dollars ($100.00). 6. You are further advised the violation described above requires the Department to revoke your Gold Seal Quality Care designation as provided in section 402.281, Florida Statutes, because itis a Class | violation. If you do not wish to contest the findings of this administrative complaint, payment of the fine amount may be made directly to the Florida Department of Children and Families, Child Care Regulation Office, 5920 Arlington Expressway, P.O. Box 2417, Jacksonville, FL 32231, If you wish to contest the findings of this administrative complaint, the sanctions imposed, or the revocation of your Gold Seal Quality Gare designation, you may do so as provided in the notification of rights below. NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES IF YOU BELIEVE THE DEPARTMENT'S DECISION IS INERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING TO CONTEST THE DECISION, YOUR REQUEST FOR AN ADMINISTRATIVE HEARING MUST BE IN WRITING AND MUST BE RECEIVED BY THE DEPARTMENT WITHIN 21 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: Lucy Goddard-Teel Gregory D. Venz, Agency Clerk Assistant Regional Counsel Department of Children & Families Department of Children & Families Office of the Genera! Counsel 1000 NE 16 Avenue, Bldg. J#3 1323 Winewood Blvd., Bldg. 1, Suite 407 Gainesville, FL. 32601 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 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; (c) An explanation of how the petitioner’s substantial interests will be affected by the agency determination; (d) A statement of when and how the petitioner received notice of the agency decision; : (e) A statement of all disputed issues of material facts. If there are none, the petition must so indicate; (f) Aconcise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency’s proposed action; (g) Astatement of the specific rules or statutes the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (h) 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 a petition to be dismissed if it is not in substantial compliance with the requirements above. Mediation as described in section 120.573, Florida Statutes, may be available if agreed to by all parties, and on such terms as agreed to by all parties. The right to an administrative proceeding is not affected when mediation does not result in a settlement. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail return receipt no. 70110470000235946111 to A Child’s Place Inc. , 6200 Southwest Arch oad Gainesville, Fl. 32608, this S7day of October, 2012. Safety Program Manager

Docket for Case No: 12-003626
Source:  Florida - Division of Administrative Hearings

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