STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: A Child’s Choice, Inc. d/b/a Certified Mail: 7011 2970 0004 1615 9759 A Child’s Choice Development Center Return Receipt Requested 7044 Beach Boulevard Jacksonville, FL 32216 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of One Thousand Dollars ($1,000.00) 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 Child’s Choice, Inc. d/b/a A Child’s Choice Development Center 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 Choice, 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 Choice Development Center License #C04DU0043 located at 7044 Beach Boulevard, Jacksonville, FL 32216. The facility license is currently a REGULAR License. Violation 1: 3. During a Complaint Inspection on December 10, 2012, DCF Licensing Counselor Rosebud Hilliard, determined that: One (1) child was not adequately supervised in that an 11 month old child received second degree burns to her left cheek and left upper arm as a result of a staff member unplugging a bottle warmer and the hot scalding hot water inside of the bottle warmer spilled onto the aforementioned areas of the child’s body. 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. 5. The violation described above is a Class | violation of child care licensing standards. It is the facility's first (1°) Class | violation of Child Care Facility Standards Classification Summary #5 Supervision, within a two-year period. The fine imposed for this violation is Five Hundred Dollars ($500.00) because the child suffered a serious injury. Violation 2: 6. During a Complaint Inspection on December 10, 2012, DCF Licensing Counselor Rosebud Hilliard determined that: As a mandated reporter, the owner, operator, employee or substitute failed to report suspected child abuse or neglect as required in section 39.201, Florida Statutes. 7. The foregoing facts violate Florida Administrative Code 65C-22.001 (11) (b) which states: Failure to perform the duties of a mandatory reporter pursuant to Section 39.201, F.S., constitutes a violation of the standards in Sections 402.301-.319, F.S. 8. The violation described above is a Class | violation of child care licensing standards. It is the facility’s first (1°) Class I violation of Child Care Facility Standards Classification Summary #63 Access/Child Abuse or Neglecti Misrepresentation, within a two-year period. The fine imposed for 2 this violation is Five Hundred Dollars ($500.00) because the facility’s staff failed to report the incident to the proper Authorities. The incident was reported to the authorities by another source on the day following the actual incident. 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. If 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 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: 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 28-106.261(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 3 affected by the agency determination; (d) Astatement 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} Avconcise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency's proposed action; (g) A statement 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 telate 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 9759 to A Child’s Choice, Inc. d/b/q A Child’s Choice Development Center, 7044 Beach Boulevard, Jacksonville, FL 32216/thié Q2 “day ofMarch 2013 Safety Program Manager

Docket for Case No: 13-001479