Elawyers Elawyers
Washington| Change

DEPARTMENT OF CHILDREN AND FAMILIES vs JOANNE PARKS D/B/A PARKS PLACE DAYCARE AND LEARNING CENTER, LLC, 14-001474 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-001474 Visitors: 4
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: JOANNE PARKS D/B/A PARKS PLACE DAYCARE AND LEARNING CENTER, LLC
Judges: BARBARA J. STAROS
Agency: Department of Children and Family Services
Locations: Jacksonville, Florida
Filed: Apr. 01, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 17, 2014.

Latest Update: Jul. 05, 2024
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Joanne Parks d/b/a Certified Mail: 7012 3050 0002 0680 8318 Parks Place Daycare and Learning Center LLC Return Receipt Requested 5500 Shindler Drive Jacksonville, FL 32222 ADMINISTRATIVE COMPLAINT ; YOU ARE HEREBY NOTIFIED the Department has imposed a Civit Penalty in the amount of Fifty Dollars ($50.00). 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 Joanne Parks d/b/a Parks Place Daycare and Learning Center LLC for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2: Joanne Parks is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Parks Place Daycare and Learning Center LLC License #C04DU0571 located at 5500 Shindler Drive, Jacksonville, FL 32222. The facility license is currently a REGULAR License. 3. During a Complaint Investigation on January 27, 2014 DCF Licensing Counselor Tiffany Davis, determined that: Direct supervision of children in the three (3) year old age group was inadequate in that a child was severely hurt, but the parent was not told to pick the child up until two (2) hours after the incident. Staff members did not appropriately care for the injury of the child. The child was seriously injured, with a large gash under his chin that needed stitches. The staff changed band- aids on the gash, three times and changed his shirt due to saturated blood, but told the mother not to come to the center stating the injury was not serious. 4 4. The foregoing facts violate Florida Administrative Code 65C-22.001(5)(a) which states: Direct supervision means actively 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. When caring for school-age children, child care personnel shall remain responsible for the supervision of the children in care, shall be capable of responding to emergencies, and are accountable for children at all times, including when children are separated from their groups. 5. The violation described above is a Class Il violation of child care licensing standards. It is the facility’s second (2"°) Class Ill violation of Child Care Facility Standards Classifications Summary #5 Supervision within a two-year period. The same violation was previously cited on November 8, 2013 at which time they received technical support. The fine imposed for this violation is Fifty Dotlars ($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 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 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: 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 Bivd., 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 (b) (c) (d) (e ~ (f) (g) agency's file or identification number, if known; 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; An explanation of how the petitioner's substantial interests will be affected by the agency determination; A statement of when and how the petitioner received notice of the agency decision; A statement of all disputed issues of material facts. If there are none, the petition must so indicate; 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; 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 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. 7012 3050 0002 0680 8318 to Joanne Parks d/b/a Parks Place Daycare and Learning Center LLC, 5500 Shindler Drive, Jacksonville, FL 32222 this thaay of February 2014. / j / ~ Parfela Buckhdm Saféty Program Manager

Docket for Case No: 14-001474
Issue Date Proceedings
Jun. 18, 2014 Transmittal letter from Claudia Llado forwarding Petitioner's Proposed Exhibits to the agency.
Jun. 17, 2014 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jun. 16, 2014 (Petitioner's) Notice of Settlement and Voluntary Dismissal filed.
Jun. 13, 2014 Notice of Transfer.
Jun. 12, 2014 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Jun. 11, 2014 Petitioner's Notice of Filing Witness List and Proposed Exhibits filed.
May 12, 2014 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for June 18, 2014; 9:30 a.m.; Jacksonville, FL).
May 12, 2014 Petitioner's Motion to Continue Hearing filed.
Apr. 11, 2014 Order of Pre-hearing Instructions.
Apr. 11, 2014 Notice of Hearing by Video Teleconference (hearing set for May 16, 2014; 9:30 a.m.; Jacksonville and Tallahassee, FL).
Apr. 09, 2014 Joint Response to Initial Order filed.
Apr. 08, 2014 Order Granting Extension of Time.
Apr. 07, 2014 Petitioner's Response to Initial Order and Request for Extension of Time filed.
Apr. 01, 2014 Initial Order.
Apr. 01, 2014 Request for Administrative Hearing filed.
Apr. 01, 2014 Administrative Complaint filed.
Apr. 01, 2014 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer