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DEPARTMENT OF CHILDREN AND FAMILIES vs KIDCO IV CHILD CARE, 14-005867 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-005867 Visitors: 31
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: KIDCO IV CHILD CARE
Judges: DAVID M. MALONEY
Agency: Department of Children and Family Services
Locations: Miami, Florida
Filed: Dec. 12, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, March 24, 2015.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Kidco IV Child Care E-Certified Mail No.: C11MD1327-ACCU 6911 NW 3% Avenue Miami, FL 33150 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department is imposing a Civil Penalty in the total amount of $50.00 The Department's authority and grounds to impose this sanction are explained below. 1. This is an administrative action for imposition of a civil penalty for known incidents as authorized in section 402.310, Florida Statutes and rules 65C-22.010 and 65C-20.012, Florida Administrative Code. 2. Petitioner, The Department, is an administrative agency of the State of Florida, charged with the duty to enforce and administer the provisions of Chapter 402, Florida Statutes and rules 65C-22.010 and 65C-20.012, Florida Administrative Code. 3. The Respondent, Kidco IV Child Care, License No., C11MD1327, is licensed under Chapter 402, Florida Statutes, and Chapter 65C-22 and 65C-20, Florida Administrative Code, to operate a child care facility known as, Kidco IV Child Care, located at, 6911 NW 3” Avenue, Miami, FL 33150. The child care facility license is currently an Annual License. Violation 1: Standard #60, Background Screening Requirements, Class tI 4. During a routine inspection on 4/7/2013, the child care facility was cited for a Class II violation of Standard #60, Background Screening Requirements, as the child care facility had an unscreened individual, E.B. employed at the child care facility. Technical assistance was provided. 5. During a routine inspection on 11/5/2014, the child care facility was cited a second time for a Class II violation of Standard #60, Background Screening Requirements, as the child care facility had an unscreened individual, M.J. employed at the child care facility. The fine imposed for this second Class || violation of Standard #60 is $50.00. 6. The aforementioned standard violates rule 65C-22.006(4)(d)1 of the Florida Administrative Code’ and section 402.305(2)(a) of the Florida Statutes. The violation described above is a Class || violation of the child care licensing standards. It is the child care facility's second Class |! violation of Standard #60 within a two year period. 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, 401 NW 2" Ave, Suite S-424, Miami, FL 33128. If you wish to contest the findings of this administrative complaint and 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 GONTEST THE DECISION. YOUR REQUEST FOR AN ADMINISTRATIVE HEARING 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. Page 1 of 2 CO PY You must submit your request for an administrative hearing to the Department at the following address: Florida Department of Children and Families Regional Legal Counsel's Office ATTN: Karen A. Milia, Esq. 401 N.W. 2" Avenue, Suite N-1014 Miami, Florida 33128 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, when read together, 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} Aconcise 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 that 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 copy of the foregoing administrative complaint has been provided by U. S. certified mail C11MD1327-ACCU, to, Kidco IV Child Care, located at, 6911 NW 3™ Avenue, Miami, FL 33150, this 10" day of November, 2014. ff Suzette Frazjér Regional Program Safety Manager Florida Department of Children and Families Page 2 of 2

Docket for Case No: 14-005867
Issue Date Proceedings
Mar. 24, 2015 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Mar. 23, 2015 Joint Motion for Voluntary Dismissal filed.
Mar. 09, 2015 (Petitioner's) Motion for Permission of Petitioner's Witness to Appear Telephonically for Final Hearing on March 27, 2015 at 9:00 a.m. filed.
Mar. 05, 2015 Amended Notice of Hearing (hearing set for March 27, 2015; 9:00 a.m.; Miami, FL; amended as to the Cancellation of Video Teleconference and Tallahassee Location only).
Mar. 04, 2015 Notice of Transfer.
Jan. 22, 2015 Petitioner's Notice of Filing Interrorgatories filed.
Dec. 30, 2014 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for March 27, 2015; 9:00 a.m.; Miami, FL).
Dec. 30, 2014 (Petitioner's) Motion for Extension of Time filed.
Dec. 17, 2014 Notice of Hearing by Video Teleconference (hearing set for January 27, 2015; 9:00 a.m.; Miami and Tallahassee, FL).
Dec. 17, 2014 Order of Pre-hearing Instructions.
Dec. 17, 2014 Joint Response to Initial Order filed.
Dec. 12, 2014 Initial Order.
Dec. 12, 2014 Request for Administrative Hearing filed.
Dec. 12, 2014 Administrative Complaint filed.
Dec. 12, 2014 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

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