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DEPARTMENT OF CHILDREN AND FAMILIES vs HANNAH LEIGH ENTERPRISES CORPORATION, D/B/A FOOTPRINTS PRESCHOOL AND CHILD CARE CENTER, II, 14-005875 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-005875 Visitors: 20
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: Cnclss Oreo » 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
Source:  Florida - Division of Administrative Hearings

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