2 -~ iy Ri Sy Oo State of Florida Gonna 2’. [” g Department of Childrén and,Familles % \ 2 Mike Carroll * Interim Secretary MYFLFAMILIES.COM William 8S. D'Aiuto Regional Managing Director STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Certified Mail Return Receipt No. 7013 0600 6001 8073 7205 To: Special Treasures Preschool, LLC. Attention: Estrella Douglas 712 N. Scenic Hwy Lake Wales, Florida 33853 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department is proposing to impose administrative fines totaling $500.00. 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 Special Treasures Preschool, LLC. for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. Special Treasures Preschool, LLC is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Special Treasures Preschool, Inc. located at 712 N Scenic Hwy, Lake Wales, Florida 33853, The facility licanse is currently an Annual License. 3. On June 18, 2014, the child Z.M was physically injured when a facility staff member, Betty Sucar, intentionally pushed a table towards the child with her foot. The child was struck in the head by the table and sustained a /aceration over one of his eyebrows. 4. The Department received a complaint against the facility as a result of this incident. While investigating the complaint on June 20, 2014, the Child Care Regulations Counselor learned that the actions taken by Ms. Sucar on June 18, 2014 were in direct response to the child misbehaving. The child had been acting out and Ms. Sucar removed him from the classroom and was making attempts to calm the child down. Instead, the child broke free from Ms. Sucar and ran under the table. Ms. Sucar 200 N Kentucky Avenue, Sulte 322, Lakeland, Florida 33801 Mission: Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery and Resiliency ne then removed her cell phone from her pocket and told the child she was going to send a picture of him misbehaving to his parents. The child then pushed the table towards Ms. Sucar. She stopped the table with her foot but then pushed the table back towards Z.M. 5. The foregoing facts violate Ruie 65C-22.001(11), F.A.C. which prohibits an owner, operator, employee or substitute from committing an act that meets the definition of child abuse or neglect provided in Chapter 39, F.S. This is a Class | violation of licensing standards. The fine for this violation is $300.00. 6. During this investigation, the Department had the opportunity to review a video recording of the incident described in Paragraphs 3 and 4, above. In this video, Ms. Sucar was observed utilizing a form of a “hold” on the child, whereby she crossed the child’s arms over his shoulders and held on to each one and pulling. The child has complained about pain In his arms on multiple occasions. When questioned, Ms. Sucar advised that this method was taught to her roughly two years ago by Estrella Douglas. Ms. Sucar indicated that it was known at the facility as the “hug.” This technique involves a child crossing his/her arms across the chest and a staff member wrapping their arms around the child, elther from the front or the back. This technique is utilized at the facility for discipline when a child becomes ungovernable. When interviewed, Ms. Douglas confirmed that they have been utilizing the “hug” technique for unruly children, however, she indicated that the technique used by Ms. Sucar on June 18, 2014 was not how she had demonstrated for it to be used. 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 any discipline that Is severe, humiliating, or frightening, and is a Class i violation of child care licensing standards. The fine for this violation is $200.00. 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 Office, 200 N Kentucky Ave, Suite 322, Lakeland, FL 33801. You may also enclose your original Certificate of License. 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. MOTIFICATION 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. 200 N Kentucky Avenue, Suite 328, Lakeland, Florida 33801 Mission: Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery and Resiliency ee You may submit your request for an administrative hearing to the Department at the following addresses: Cheryl D. Westmoreland, Esquire Assistant Regional Counsel, Circult 10 1055 Highway 17, North Bartow, Florida 33830 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 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 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 partles, and on such tems as agreed to by all parties, The right to an administrative proceeding is not affected when mediation does not result in a sattlement. 200 N Kentucky Avenue, Sulte 328, Lakeland, Florida 33801 Mission: Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery and Resiliency CERTIFICATE OF SERVICE ) HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail return receipt to Estrella Douglas c/o Special Treasures Preschool, 712 N Scenic Hwy, Lake Wales, Florida 33853 this (‘Co day of ‘ Soeper , 2014. ulations Counselor 200 1] Kentucky Avenue, Suite 328, Lakeland, Florida 33801 CN Mission: Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery and Resiliency ae

Docket for Case No: 14-004989