STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Sarah Jones Phelps d/b/a Certified Mail: 7011 2970 0004 1615 9216 S & J Learning Academy Return Receipt Requested 1420 Oakhurst Street Jacksonville, FL 32208 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of Six Hundred Sixty Dollars ($660.00) and PROBATION. The Department's authority and grcunds to impose this sanction are explained below: 1. The Department of Children and Families is authorized by section 402.310, Florida Statutes, to sanction Sarah Jones Phelps d/b/a S & J Learning Academy for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. Sarah Jones Phelps is licensed under chapter 402, Florida Statutes, and chapter 65C- 22, Florida Administrative Code, to operate a child care facility known as S & J Learning Academy License #C04DU0827 located at 1420 Oakhurst Street, Jacksonville, FL 32208. The facility license is currently a REGULAR License. Violation 1: 3. During a Routine inspection conducted on January 14, 2613 DCF Licensing Counselor Rebekah Caldwell, determined that: An unscreened individual was left alone to supervise four (4) Children. On January 9, 2013, a parent was supervising two (2) children in addition to her two (2) children without Jevel two (2) background screening during the hours of operation. The parent must have background screening and training completed in order to be left alone to supervise children at the facility during the licensed hours of operation. 4. The foregoing facts violate Florida 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 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. Effective August 1, 2010, Section 435.06 (2) (a), Florida Statutes (F.S.) is amended to read: “An employer may not hire, select, or otherwise allow an employee to have contact with any vulnerable person that would place the employee in a role that requires background screening until the screening process is completed and demonstrates the absence of any grounds for the denial or termination of employment. 5. The violation described above is a Class f violation of child care licensing standards. It is the facility's second (2) Class ] violation of the Child Care Facility Standards Classifications Summary #5 Supervision within a two-year period. The same violation was previously cited on August 25, 2011 resulting in technical assistance. The fine imposed for this violation is Five Hundred Dollars ($500.00) and PROBATIONARY STATUS, as this is the second (2") Class | violation for an unscreened person supervising children The Respondent's License will be placed on PROBATIONARY STATUS for a period not to exceed six (6) months. The terms of the PROBATION (Supervision) are as follows: a) The facility shall incur no Class 1 violations during the probationary period. b) The facility shall incur no supervision violations during the probationary period. Failure to comply with these conditions may result in revocation of Respondent's license. Violation 2: 6. During a Routine inspection conducted on January 14, 2013 DCF Licensing Counselor Rebekah Caldwell, determined that: A resilient surface was not provided beneath and within the fall zone for jungle gym. 7. The foregoing facts violate Florida Administrative Code 65C-22.002 (9)(b) which states: All playground equipment shall be securely anchored, unless portable or stationary by design, in good repair, maintained in safe condition, and placed to ensure safe usage by the children. Maintenance shall include checks at least every other month, of all supports above and below the ground and all connectors, and moving parts. Permanent or stationary playground equipment must have a ground cover or other protective surface under the equipment thai provides resilience and is maintained to reduce the incidence of injuries to children in the event of falls. 8. The violation described above is a Class II violation of child care licensing standards. It is the facility's third (3") Class II violation of the Child Care Facility Standards Classifications Summary #40 Outdoor Equipment within a two-year period. The same violation was previously cited on January 26, 2014 which resulted in technical assistance and on April 29, 2011 with a $50.00 Administrative Fire. The fine imposed for this violation is Sixty Dollars ($60.00) per day for one (1) day. Violation 3: 9. During a Routine Inspection conducted on January 14, 2013 DCF Licensing Counselor Rebekah Caldwell, determined that: On January 9, 2013 the facility did not have at least one staff member with current and valid certificate of course completion for first aid training. 10. The foregoing facts violate Florida Administrative Code 65C-22.004 (2)(a-b) which states: Each child care facility must have at least one (1) staff member with current and valid certificate(s) of course completion for first aid training and infant and child cardiopulmonary resuscitation (CPR) procedures. One (1) staff member satisfying these training requirements shall be present at ail times that children are in the care of the facility, both on-site and on field trips. A field trip includes all activities away from the facility excluding regular transportation to and from the facility, ie., pick-up and drop-off. Certificate(s) of course completion are valid based on the time frames established by each first aid and CPR training program, not to exceed three (3) years. On-line CPR courses are not acceptable to meet this standard. CPR training must be done by classroom instruction. Documentation that identifies staff members who have met the first aid and infant and child cardiopulmonary resuscitation (CPR) training requirement shail be kept on file at the child care facility. 11. The violation described above is a Class Il violation of child care licensing standards. It is the facility's second (2") Class 1 violation of the Child Care Facility Standards Classifications Summary #45 First Aid Requirements within a two-year period. The same violation was previously cited on August 2, 2011 which resulted in technical assistance. The fine imposed for this violation is Fifty Dollars ($50.00). Violation 4: 12. During a Routine Inspection conducted on January 14, 2013 DCF Licensing Counselor Rebekah Caldwell, determined that: On January 9, 2013 the facility did not have at least one staff member with current and valid certificate of course completion for infant and child cardiopulmonary resuscitation (CPR). 4 eee 13. The foregoing facts violate Florida Administrative Code 65C-22.004 (2)(a) which states: Each child care facility must have at least one (1) staff member with current and valid certificate(s) of course completion for first aid training and infant and child cardiopulmonary resuscitation (CPR) procedures. One (1) staff member satisfying these training requirements shall be present at all times that children are in the care of the facility, both on-site and on field trips. A field trip includes all activities away from the facility excluding regular transportation to and from the facility, i.e., pick-up and drop-off. Certificate(s) of course completion are valid based on the time frames established by each first aid and CPR training program, not to exceed three (3) years. On-line CPR courses are not acceptable to meet this standard. CPR training must be done by classroom instruction. Documentation that identifies staff members who have met the first aid and infant and child cardiopulmonary resuscitation (CPR) training requirement shall be kept on file at the child care facility. 14. The violation described above is a Class 1! violation of child care licensing standards. It is the facility's second (2%) Class Il violation of the Child Care Facility Standards Classifications Summary #46 CPR Requirements within a two-year period. The same violation was previously cited on August 25, 2011 which resulted in technical assistance. The fine imposed for this violation is Fifty Dollars ($50.00). If you do not wish to contest the findings of this administrative complaint, please submit a cashier's check or money order made payable to the Florida Department of Children and Families, Child Care Regulation Office, 5920 Arlington Expressway, P.O. Box 2417, Jacksonville, FL 32231 lf you wish to contest the findings of this administrative complaint and/or the sanctions imposed 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 IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING TO CONTEST THE DECISION. YCUR 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 TOA 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 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. 7011 2970 0004 1615 9216 to Sarah Jones Phelps d/b/a J Learning Academy 1420 Oakhurst Street, Jacksonville, FL 32208 this é Fe) ned day of Janvary /2013. Oo Pamgla Buckham Safety Program Manager

Docket for Case No: 13-000470