Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: HANNAH LEIGH ENTERPRISES CORPORATION, D/B/A FOOTPRINTS PRESCHOOL AND CHILD CARE CENTER, II
Judges: ELIZABETH W. MCARTHUR
Agency: Department of Children and Family Services
Locations: New Port Richey, Florida
Filed: Dec. 15, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, February 13, 2015.
Latest Update: Feb. 25, 2025
To:
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
Hannah Leigh Enterprises Corporation
i,
dib/a Footprints Preschool & Certified Mai! Return "US ~.
Child Care Center I Receipt No. / Pp
12226 US 19 N., 7013 2250 0002 28194567 “~ >» ;
Hudson, Florida 34667 Ree 6 Ly
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED the Department is imposing a One
Hundred Dollars ($100.00) Administrative Fine. 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, Hannah Leigh Enterprise Corporation,
d/b/a Footprints Preschool & Child Care Center Il, for violations of child care
licensing standards in sections 402.301 - 402.319, Florida Statutes, and chapter
65C-22, Florida Administrative Code.
2. Hannah Leigh Enterprise Corporation, is licensed under section
402, Florida Statues, and Chapter 65C-22, Florida Administrative Code, to
operate a child care facility known as Footprints Preschool & Child Care Center
Il, located at 12226 US 19 N., Hudson, Florida 34667. The facility license is
currently a “Regular License’.
3. During a routine inspection on October 14, 2014, the facility was
found to be in violation of Child Care Licensing Standard #4, Ratio Sufficient.
Upon arrival at the facility, the licensing counselor observed 4 one year olds in
the ones room without a staff member in the room. The staff member that should
have been in the ones room was in the twos room. The correct ratio should have
been one child care employee to six children (one year olds).
This facility was previously found to be violation of this Class 2 licensing
standard on September 24, 2012, and February 13, 2014. An Administrative
Complaint that assessed a $50.00 fine for said violations was issued March 21,
2014. The fine was paid by the facility.
4. The acts and practices described in paragraph 3 above are
violations of Section 402.305(4)(a)2, Florida Statutes, which states in part:
(a) Minimum standards for the care of children in a licensed child
care facility as established by rule of the department must include:
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2. For children 1 year of age or older, but under 2 years of age,
there must be one child care personnel for every six children.
In addition, Rule 65C-22.001(4), Florida Administrative Code, states as follows:
(4) Ratios.
(a) The staff-to-child ratio, as established in Section 402.305(4),
F.S., is based on primary responsibility for the direct supervision of
children, and applies at all times while children are in care.
(b) Mixed Age Groups.
1, In groups of mixed age ranges, where children under one year of
age are included, one staff member shall be responsible for no
more than four children of any age group, at all times.
2. In groups of mixed age ranges, where children one year of age
but under two years of age are included, one staff member shall be
responsible for no more than six children of any age group, at all
times.
5. The violations described above in paragraph 3 are a Class 2
violation of the child care licensing standards. It is the facility's second Class 2
violation of Child Care Licensing Standard #4, Ratio Sufficient, within a two year
period. On October 14, 2014, a Notice of Administrative Action was issued. A
Fifty Dollars ($50.00) fine is hereby imposed for this Class 2 violation.
6. During a complaint inspection on March 26, 2013, the facility was
found to be in violation of Child Care Licensing Standard # 23, Individual Bedding
(Mats-Surface Not Impermeable). The licensing counselor observed that five
napping mats had tears in them. Therefore, the mats available for the children in
care were not covered with an impermeable surface as is required.
During a routine inspection on September 30, 2013, the facility was
found to be in violation of Child Care Licensing Standard # 23, Individual Bedding
(Mats-Surface Not {mpermeable). The licensing counselor observed several
napping mats that had rips and tears in them. Therefore, the mats available for
the children in care were not covered with an impermeable surface as is
required.
During a routine inspection on October 14, 2014, the facility was
found to be in violation of Child Care Licensing Standard # 23, Individual Bedding
(Mats-Surface Not Impermeable). The licensing counselor observed that several
napping mats in the twos and VPK rooms had rips and tears in them. Therefore,
the mats available for the children in care were not covered with an impermeable
surface as is required.
7. The acts and practices described in paragraph 6 above are
violations of Rule 65C-22.002(10)(c)1, Florida Administrative Code, which states
in part:
(c) Bedding and Linens.
1. Each child in care must be provided safe and sanitary bedding to
be used when napping or sleeping. Sleep bedding includes beds,
cribs, or mattresses (excluding an air mattress or a foam mattress).
Nap bedding includes sleep bedding, cots, playpens, or floor mats.
Floor mats must be at least one inch thick, and covered with an
impermeable surface cleaned and sanitized or disinfected after
each use.
8. The violations described above in paragraph 6 are Class 3 violations
of the child care licensing standards. It is the facility’s third Class 3 violation of
Child Care Licensing Standard #23, Individual Bedding (Mats — Surface Not
Impermeable), within a two year period. Technical Assistance was provided for
this type of violation on March 26, 2013. A Notice of Administrative Warning
was issued for this violation on September 30, 2013. On October 14, 2014, a
Notice of Administrative Action was issued. A Twenty-five Dollars ($25.00) fine is
hereby imposed for this Class 3 violation.
9. During a renewal inspection on May 22, 2013, the facility was found
to be in violation of Child Care Licensing Standard #53, Bottles Sanitary and
Labeled (Bottles/Sippy Cups Not Labeled). The licensing counselor observed
several baby bottles and sippy cups that had not been labeled with the children's
first and last name as required.
During a routine inspection on September 30, 2013, the facility was
found to be in violation of Child Care Licensing Standard #53, Bottles Sanitary
and Labeled (Bottles/Sippy Cups Not Labeled). The licensing counselor found 3
baby bottles in the ones room that were not labeled with the children's first and
last names.
During a routine inspection on February 13, 2104, the facility was
found to be in violation of Child Care Licensing Standard #53, Bottles Sanitary
and Labeled (Bottles/Sippy Cups Not Labeled). The licensing counselor found
one sippy cup in the twos room refrigerator that was not labeled with the child's
first and last name, and one baby bottle in the infant room that was not labeled
with the child’s first and last name.
During a routine inspection on October 14, 2014, the facility was
found to be in violation of Child Care Licensing Standard #53, Bottles Sanitary
and Labeled (Bottles/Sippy Cups Not Labeled). The licensing counselor found
one sippy cup that was not labeled with the child's first and last name.
10. The acts and practices described in paragraph 9 above are
violations of Rule 65C-22.005(2)(a), Florida Administrative Code, which states in
part:
(a) Breastmilk and formula must be handled in a sanitary manner at
all times and according to manufacturers instructions and
instructions by parent. The provider must ensure all formulas and
food brought from home are labeled with the child’s first and last
name. The provider is responsible for the label; therefore if the label
is not completed by the parent, the facility staff must complete the
label upon receipt of the formula and food. ...
11. The violations described above in paragraph 9 are Class 3
violations of the child care licensing standards. It is the facility's fourth Class 3
violation of Child Care Licensing Standard #53, Bottles Sanitary and Labeled
(Bottles/Sippy Cups Not Labeled), within a two year period. Technical
Assistance was provided for this violation on May 22, 2013. A Notice of
Administrative Warning was issued for this violation on September 30, 2013. A
Notice of Administrative Warning was issued for this violation on February 13,
2014. On October 14, 2014, a Notice of Administrative Action was issued. A
Twenty-five Dollars ($25.00) fine is hereby imposed for this Class 3 violation.
12. 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 (Attention: Mary
Beth Wehnes), 9393 N. Florida Ave., Suite 500, Tampa, FL 33612.
If 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.
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:
Department of Children and Families
Legal Counsel (Attention: Shane DeBoard)
9393 N. Florida Ave. Suite 900
Tampa, FL 33612
Department of Children and Families
Agency Clerk (Attention: Paul Sexton)
Office of General Counsel
1317 Winewood Blvd
Building 2, Room 204
Tallahassee, FL 32399
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 of 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 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 to Lee W. Scharrer as president
and registered agent of Hannah Leigh Enterprise Corporation, 70 Deerpath
Drive, Oldsmar, Florida 34677, this _—s day of 014.
Mary Beth Wehnes, CPM
Regional! Safety Program Manager
CC: Alicia Gonzalez, DCF Legal Counsel
Anna Walker, Family Services Counselor
Docket for Case No: 14-005875
Issue Date |
Proceedings |
Feb. 13, 2015 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Feb. 13, 2015 |
Notice of Voluntary Dismissal by Respondent filed.
|
Jan. 07, 2015 |
Order of Pre-hearing Instructions.
|
Jan. 07, 2015 |
Notice of Hearing (hearing set for March 4, 2015; 9:30 a.m.; New Port Richey, FL).
|
Dec. 19, 2014 |
Petitioner's Response to Initial Order filed.
|
Dec. 15, 2014 |
Initial Order.
|
Dec. 15, 2014 |
Administrative Complaint filed.
|
Dec. 15, 2014 |
Formal Request for Administrative Hearing to Contest Decision filed.
|
Dec. 15, 2014 |
Notice (of Agency referral) filed.
|