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DEPARTMENT OF CHILDREN AND FAMILIES vs SOUTHSIDE CHURCH OF GOD IN CHRIST, D/B/A LITTLE SAINTS CHILD CARE CENTER, 14-001914 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-001914 Visitors: 14
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: SOUTHSIDE CHURCH OF GOD IN CHRIST, D/B/A LITTLE SAINTS CHILD CARE CENTER
Judges: F. SCOTT BOYD
Agency: Department of Children and Family Services
Locations: Jacksonville, Florida
Filed: Apr. 23, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 20, 2014.

Latest Update: Jul. 03, 2024
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Dep. To: Southside Church of God in Christ d/b/a Certified Mail: 7012 3050 0002 068 ‘8646. ; Little Saints Child Care Center Return Receipt Requested On 2179 Emerson Street The Jacksonville, FL 32207 ADMINISTRATIVE COMPLAINT. YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of Three Hundred Forty-Five Dollars ($345.00). 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 Southside Church of God in Christ d/b/a Little Saints Child Care Center for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. Southside Church of God in Christ is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Little Saints Child Care Center License #CO4DU0640 located at 2179 Emerson Street, Jacksonville, Fl. 32207. The facility license is currently a PROBATIONARY license. Violation #1: 3. During a Complaint Investigation on February 26, 2014 DCF Licensing Counselor Josephine Walker, determined that: Records or copies of records are not being maintained at the facility for review by the licensing authority. Upon Counselor’s arrival she observed director bringing the facility’s records in from the trunk of her vehicle. 4. The foregoing facts violate Florida Administrative Code 65C-22.006(1)(a) which states: Records required to document compliance with Section 402.305, F.S., and rules adopted thereunder, shall be maintained at the facility, and shall be available during the hours of operation for review by the licensing authority. 5. The violation described above is a Class Ill violation of child care licensing standards. It is the facility's fourth (4") Class Ill violation of Child Care Facility Standards Classifications Summary #56 Records within a two-year period. The same violation was previously cited on April 5, 2012 at which time they received technical support, on December 4, 2013 they received an administrative warning and on January 27, 2014 they were fined $25.00. The fine imposed for this violation is Thirty Dollars ($30.00) per day for 1 day. Violation #2: 6. During a Complaint Investigation on February 26, 2014 DCF Licensing Counselor Josephine Walker, determined that: The personnel record did not include a signed CF-FSP 5337 Child Abuse and Neglect Reporting Requirements form for one (1) staff member. 7. The foregoing facts violate Florida Administrative Code 65C-22.006(4)(c) which states: CF-FSP Form 5337, March 2009, Child Abuse & Neglect Reporting Requirements, which is incorporated by reference, must be signed annually by all child care personnel. 8. The violation described above is a Class III violation of child care licensing standards. It is the facility’s fourth (4") Class Ill violation of Child Care Facility Standards Classifications Summary #59 Personnel Records within a two-year period. In the pass two (2) years they were previously cited for the same violation, on August 9, 2013 they received a fine for $25.00, on January 27, 2 2014 they receive an administrative warning and on February 7, 2014 they received a fine for $25.00. The fine imposed for this violation is Two Hundred Dollars ($240.00) at $30.00 per day for eight (8) days from February 26, 2014 until March 7, 2014. Violation #3: 9. During a Complaint Investigation on February 26, 2014 DCF Licensing Counselor Josephine Walker, determined that: Documentation of Level 2 screening was missing for one (1) staff member. 10. The foregoing facts violate Florida Administrative Code 65C-22.006(4)(d)(1) which states: Level 2 screening as defined in Section 435.04, F.S. For the purpose of issuing a license, any out-of-state criminal offense, which if committed in Florida, would constitute a disqualifying felony offense, shall be treated as a disqualifying felony offense for screening purposes under this rule. 11. The violation described above is a Class Il violation of child care licensing standards. It is the facility's second (2) Class It violation of Child Care Facility Standards Classifications Summary #60 Background Screening Documents within a two-year period. The same violation was previously cited on April 25, 2013 at which time they received a fine for $50.00. The fine imposed for this violation is Fifty Dollars ($50.00). Violation #4: 12, During a Complaint Investigation on February 26, 2014 DCF Licensing Counselor Josephine Walker, determined that: The facility's written plan of scheduled activities was not posted in the VPK classroom. 13. The foregoing facts violate Florida Administrative Code 65C-22.001(7)(a) which states: Each age group or class must have a written and followed plan of scheduled daily activities posted in a conspicuous location accessible to parents. 14. The violation described above is a Class III violation of child care licensing standards. It is the facility’s third (3%) Class Il violation of Child Care Facility Standards Classifications Summary #10 Planned Activities within a two-year period. The same violation was previously cited on December 6, 2013 at which time they received technical support and on January 27, 2014 they received an administrative warning. The fine imposed for this violation is Twenty-Five Dollars ($25.00). tf 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. 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 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 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 relate to the specific rules or statutes; and (h) Astatement 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 8646 to Southside Church of God in Christ d/b/a Little Saints Child Care Center, 2179 Emerson Street, Jacksonville, FL. 32207 this UW May of March 2014. , ‘ Pamela BuckHamh Safety Program (Manager | |

Docket for Case No: 14-001914
Source:  Florida - Division of Administrative Hearings

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