DEPART, | Rick Scott S faa” Governor @/o State of Florida 2% 3 y | Y 2 Department of Children and Families Esther Jacobo a Wiltlam S. D’Aluto Regional Managing Director STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Certified Mall No. 7013 0600 0001 8073 6655 To: Cypress Oaks School, LLC Attention: Carolyn Elmore ( 3079 Cypress Gardens Bivd : 4: Winter Haven, Florida 33884 , ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department is proposing to revoke your child care license number C10P00105 and impose a total administrative fine of $2520.00. The Department's authority and grounds to impose this sanction are explained below. 4. Tha Department of Children and Families is authorized by section 402.310, Florida Statutes, to sanction Cypress Oaks School for violations of child care licansing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. Cypress Oaks School, LLC, is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Cypress Oaks School (hereinafter “facility’) located at 3079 Cypress Gardens Blvd, Winter Haven, Florida 33884. The facillty license is currently an ANNUAL LICENSE. 3. On December 5, 2013, the Department learned that beginning August 2013, the facility Director, Carolyn Elmore, refused to assist and/or allow other personnel to assist a child, L.M., use the restroom. L.M. suffers with a disability which affects his legs and his mobility and which requires him fo have minor assistance in using the restroom, As a result of the Director's prohibition on the provision of this necessary assistance, the father of L.M. would send him to school with pultups which would need to be changed throughout the day. Then, beginning sometime around November 2013, the Director prohibited staff from even changing L.M.’s pull-ups, although certain staff would sneak around to change the pull-up despite the prohibition. When they were unable to change the pull-up without the Director's knowledge, the child was forced to remain in a soiled pull-up for the entire day. As a result, L.M. had diaper rash on multiple occasions. This occurred up until L.M.’s father removed him from the facility In December 2013. In Central Region @ 1055 U.S. Highway 17 North @ Bartow, Fierida 33830 Misston: Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery and Resiliency a addition to this, the Director, at times following the child's enrollment at the facility in July 2013, refused to allow this same child to go oui to the playground with the other children and go on all of the field trips due to his disability. 4. The foregoing facts violate Rule 65C-22.001(11\a), Florida Administrative Code (F.A.C.), which prohibits acts or omissions that meet the definition of child abuse or neglect provided in Chapter 39, Florida Statutes. 5. The violation described above is a CLASS I violation of child care licensing standards. The fine imposed for this violation Is $500.00. 6. Also on December 5, 20143, the Department learned that at least two of the children in care, L.M. and’M.T., would sometimes not get any food to eat at lunchtime. According to staff, the Director, Carolyn Elmore, required the children to get only their fruit or vegetable before getting any other food. If the children did not like the fruit or vegetable and therefore did not eat it, they would get no other food or drink. This rule was In effect until December 5, 2013, at which time the Director was advised that the children are required to be provided with all of the food posted on the menu, imespective of whether or not they ate a particular item. 7. The foregoing facts violate s, 402.305(12), F.S., and Rule 65C-22.001(8), F.A.C. which prohibits the use of a form of discipline that is associated with food, rest or toileting. 8. The violation described above is a CLASS | violation of child care licensing standards. The fine imposed for this violation is $500.00. 9. In addition to the violations outlined in Paragraphs 3 and 6, on December 5, 2013 the facility would not allow the child, M.T., to attend a field trip. M.T. was four (4) years old at the time of the field trip, which was to the post office for the purpose of allowing the children to mail letters to Santa Claus containing their wish lists for Christmas. Prior to his enrollment at the facility, M.T.'s family had relocated to Polk County. M.T. was having some problems with the adjustment to the change and, although fully potty- trained, would have occasional accidents. The Director refused to allow M.T. to go to the post office based upon the possiblity that he might have an accident in the facility's van. The Director advised the Department that putting M.T. in a pull-up for the duration of the field trip was not a possibility due to the requirement that children in the Voluntary Pre-Kindergarten (VPK) program are required to be potty trained and not have accidents. M.T. was the only child in the VPK program who was not permitted to participate in the field trip and remained in the one year old room while the other children were gone. 40. The foregoing facts violate s, 402.305(12), F.S., and Rule 65C-22.001(8), F.A.C. which prohibits the use of a form of discipline that is associated with food, rest or tolleting. 11. The violation described above is a CLASS | violation of child care licansing standards. The fine imposed for this violation is $500.00. ; 42. On December 13, 2013, the Department learned that the facility utilized a method of discipline that is severe, ‘frightening or humiliating. Specifically, the Department learned that at least two (2) children were yelled at and either threatened or received a derogatory comment by the Director at various times, The Director was observed on at least one occasion telling children that they would be locked in with rats which would nibble on them if they failed to behave. A staff member indicated that one child, H.W., is so frightened of the Director that she has wet her pants as a result of the Director yelling at her. Other staff members have confirmed that the Director has made H.W. cry on multiple occasions and at least one staff member indicated that the Director brags about being able to make the children cry. The Director was also surprised to learn that this same staff member has never made a child cry. 13. The foregoing facts violate s, 402.305(12), F.S., and Rule 65C-22.001(8), F.A.C., which prohibits the use of a method of discipline thai is severe, humiliating or frightening. 14, The violation described above is a CLASS 1 violation of child care licensing standards. The fine imposed for this violation is $300.00. 45. On December 13, the Department also learned that children are placed in time- out/made to stand in the comer for excessive amounts of time. A staff member reported that one child was made to stand in the comer for over one hour on at least one occasion. On January 10, 2014, two Department employees observed two children standing with their face to the wall during nap time because they would not Ile still on their nap mats. The staff member in the room was not able to indicate how long the children had been in time out as she was not the one who placed the children in time- out. The Director and other staff members ware reminded that children could not be punished for not sleeping during nap time. 46. The foregoing facts violate s. 402.305(12), F.S., and Rule 65C-22.001(8), F.A.C., which prohibits the use of a method of discipline that is severe, humiliating or frightening. 47. The violation described above is a CLASS | violation of child care licensing standards. The fine imposed for this violation is $300.00. 18. On December 19, 2013, the Director's ex-husband, Mr. Elmore, was permitted to be in some of the classrooms in order to meet the ratio requirements. On December 20, 2013, it was determined that the facility did not have any documentation that a Level 2 background screening had been completed for Mr. Elmore. 49. The foregoing facts violate s, 402.3054, F.S. and Rule 65C-22.006(4), F.A.C. which requires the facility to maintain documentation of a completed Lavel 2 screening for all child care personnel. 20. The violation described above is a Class Il violation of a chi i standard. It is the facility’s third violation of the same licensing sandaras with ah wo year period. The facility previously violated this standard on July 17, 2012 for which you received technica! support and an administrative warning. The facility also violated this standard on December 17, 2013 when it was determined that there was no documentation of a Level 2 background screening for an employee who began working on December 6, 2013. The fine imposed for the December 17, 2013 violation is $50.00 and the fine imposed for the December 20, 2013 violation Is $60.00, ° 24, On February 20, 2014, the Department received a complaint ret instances of children biting other children without appropriate iMervontion. on thie same date, the Department learned that there has been a pattern of specific children, T.B. and P.S., biting other children at the facility on a regular basis and often multiple times in one day. Bite injuries were observed on multiple children. Staff acknowledged that T.B. has been an on-going problem and P.S. started biting other children In either December or January. 22. The foregoing facts violate Rule 65C-22.001(5Xa), F.A.C. rel: of children in care. Xa) relating to supervision 23. The violation described above is a Class Il violation of a child i standard. This is the facllity's fourth violation of this same licensing stander’ within’. two year period. The facility previously violated this standard on March 7, 2013 (no feacher present in two year old classroom) for which technical support and an administrative warning was provided. The facility also violated this standard on August 26, 2013 when a Department employee obsarved eleven (11) two year old children alone in a classroom. The facility's third violation of this standard occurred on January 40, 2014 when the children in the one year old room were observed wandering around wth fo teacher in phe room. Hi fine imposed for the August 26, 2013 violation is: $50.00; $60. r the January 10, 2014 violation and $75.00 for iolati the February 20, 2014 complaint. the viiation leading fo 23, Also on February 20, 2014, the Department learmed that your facility failed to provide a copy of incident or accident reports on the dates of the incident. This happened on several occasions between September 1, 2013 and February 20, 2014 related primarily to children biting other children or being bitten, but also Including other incidents Involving children in care. 24. The foregoing facts violate Rule 65C-22.004(2)(d)3, F.A.C., which requires a facility to document accidents or incidents that occur to a child in care on the actual date of the occurrence and provide a copy of same {o the parent or other individual authorized to pick up the child, also on the same date as the occurrence. 25. ‘The violation described in Paragraph 23 above is a Claes Il violation of a child care licensing standard. This |s the facility's second violation of this same licensing standard within a two year period. The facility previously violated this standard on April You may submit your request for an administrative hearing to the Department at the foliowing address: Chery! D. Westmoreland, Esquire Assistant Regional Counsel, Circuit 10 1055 U.S. Highway 17 North Bartow, Florida 33830 Please note a request for an administrative hearing must comply with section 420.569(2Xc), 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 seach 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)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 Coda, 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. FICATE OF SERVICE } HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mall to Carolyn Elmore, c/o Cypress } Oaks School, LLC, 3079 Cypress Gardens Blvd, Winter Haven, FL 33884, this _/5 ~ _iS day of April, 2014. Nancy rn Child Care Regulations Supervisor

Docket for Case No: 14-002312