STATE OF FLORIDA i DEPARTMENT OF CHILDREN AND FAMILIES f JAR ; : “ot To: Little Sunshine Preschool, Inc. Pasco County . 9316 Little Road Certified MaitReturn °**ic4y;,, New Port Richey, Florida 34654 Receipt No. “nt 7012 3460 0001 0116 6431 ps P isi ADMINISTRATIVE COMPLAINT f “y YOU ARE HEREBY NOTIFIED the Department hereby impos One Hundred Dollars ($100.00). The Department's authority and~grout ds; to/ impose this sanction are explained below. Say 1. The Department of Children and Families is authorized by section 402.310,Florida Statutes, to sanction Little Sunshine Preschool, Inc., for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statues, and Chapter 65C-22, Florida Administrative Code. 2. The Little Sunshine Preschool, Inc. is licensed. under section 402, Florida Statues, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Little Sunshine Preschool, Inc., located at 9316 Little Road, New Port Richey, Florida 34654. The facility license is currently a “Regular License”. 3. On November 18, 2013 and the licensing counselor conducted a Renewal Inspection, which carried over to November t9, 2013 at the Little Sunshine Preschool and Learning Center. During the inspection, the facility was found, to be in violation of Licensing Standard #49, Medication. In comparing the medication dispensing log(s) to the written instructions for dispensing the medication the licensing counselor found that for infant, A.J., the written instructions for dispensing her medication, Nystatint00,000 USP units per gram, were not followed. The prescription Nystatint00,000 USP units per gram, dispensed on October 24, 2013, instructed to apply a thin layer to the affected area topically four times a day for fourteen days. The Child Care Authorization for Prescription Medication form, dated October 28, 2013, did not have any written record that Nystatin had been dispensed in accordance with the written dispensing instructions, nor did the child care facility have any other record that the medication had been dispensed during the time the child was in care from October 28, 2013 through November 6, 2013, according to the doctor's instructions. (Enclosvres) On November 18, 2012, the licensing counselor spoke with the lead infant room teacher, A. W., who provided several different accounts with regard to the dispensing of the Nystatin to A.J. The lead teacher, also stated that A.J.'s parent bought the Nystatin in and out of the facility and gave her different verbal directives, such as to dispense the medication one day, to discontinue dispensing on another day, and on another occasions to only use when needed. However, there were no written instructions or a.doctor’s order to change how the medication was to be administered. The lead teacher could not recall when and how she dispensed the medication and could not provide any written documentation that the medication had been. administered in accordance with the doctor's written instructions. The lead teacher, also, stated that the infant, A.J., did not attend preschool every day, from October 28, 2013 through November 6, 2013. The licensing counselor reviewed the infant's attendance/sign in sheets which reflect that the infant was in attendance everyday business day, from October 28, 2013 through November 16, 2013, and the infant should have been treated with the Nystatin, according to the prescription. 4, The acts and practices described above in paragraph 3 violate Rule 65C-22.004(3)(c), Florida Administrative Code, Child Safety, which states in part: (3) Medication. Child care facilities are not required to give medication; however, if a facility chooses to do so, the following shall apply: (c) Prescription and non-prescription medication brought to the child care facility by the custodial parent or legal guardian must be in the original container. Prescription medication must have a label stating the name of the physician, child’s name, name of the medication, and medication directions. All prescription and non- prescription medication shall be dispensed according to written directions on the prescription label or printed manufacturer's label. 5. The violation described above is a Class | violation of the child care licensing standards. It is the facility's first Class | violation of #49, Medication, within a two-year period. The fine imposed for this violation is $100. 6. 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. (Attention: Mary Beth Wehnes), 9393 N. Florida Ave., Suite 500, Tampa, FL 33612 {lf you wish to contest the findings of this administrative complaint 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. 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: Department of Children and Families Legal Counsel (Attention: Rebecca Kapusta) 9393 N. Florida Ave. Suite 900 Tampa, FL 33612 Department of Children and Families Agency Clerk (Attention: Greg Venz) Office of General Counsel 1317 Winewood Blvd Building 2, Room 204 Tallahassee, FL 32399 Please note 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) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal of 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 relate to the specific tules 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 120.589, 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 retum receipt to, Stephanie Ledouaron, registered agent and director of Little Sunshine Preschool, Inc., 9316 Little Road, New Port Richey, Florida 34654, this {\tb day of Tbecomber _, 2013. Mary a Wehnes, CPM Regional Safety Program Manager CC: Rebecca Kapusta, DCF Legal Counsel Anna Walker, Family Services. Counselor. December 19, 2013 To Whom It May Concern: 1 am writing this letter on behalf of Little Sunshine Preschool and Learning Center, but mostly on behalf of my daughter, Ava Julian. Ava has been attending Little Sunshine since March 2013, when she was about 8 weeks old. After much investigation and deliberation, Little Sunshine was the only place we would allow our child to spend her days away from us. Stephanie, Jean-Marc and Miss Amy (Ava’s teacher), along with all other members of the staff are nothing but professional, loving, competent and experienced. At no point has ANYONE ever neglected or put my child in harms way and | am forever grateful and confident for this. [ have never been so pleased and comforted with the experienceffy daughter gets on a daily basis. | appreciate and love every aspect of her schooling. Yes, schooling not daycare. These are not paid and professional babysitters. This institution hires and fosters professionals that take care of children as a whole: mind, body and spirit as well as educational needs. At just a few months old, and with my continuous consent, Ava participated in hands on, tactile learning to stimulate senses that | would never imagine to do. As an educator myself, I was floored. Amazed at the overall experience wouldn't begin to express the awe I hold for Little Sunshine. It is with complete and utter disbelief that I hear Littte Sunshine has possibly put my child in imminent danger. I reiterate that at no point has ANYONE associated with Little Sunshine EVER put my child in a harmful situation. ‘If. anything, this institution has kept my child away from any and all dangers. Their thorough attention to all details keeps my mind at ease on a daily basis. Little Sunshine was given and will continue to be given any and all permission to care for my child as they see fit. Whether they choose to administer cream or not, it is and has been my consent to give them that discretion. In my opinion, no doctor or prescription can override a mother’s permission. | verbally have consented that all personnel of Little Sunshine are not only fitto make this decision, but also are capable to do so, l appreciate your time reading this letter and concern for my daughter, but { have seen other daycares and it is my opinion that your concern is desperately needed elsewhere. { would love the opportunity to discuss any experience my daughter and family has had with this institution. Please contact me at (518) 727-6597 at any time. Sincer if é ML raid BARBARA THOMPSON 4 NOTARY PUBLIC Clare Ennis STATE OF FLORIDA 5036 Herring Court Z* Commit FF024616 New Port Richey, Florida 34652 Expires 6/5/2017 Lone engin

Docket for Case No: 14-000805