Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: WONDER YEARS CHILD CARE AND LEARNING CENTER, INC., D/B/A SUNSHINE KIDS ACADEMY
Judges: ELIZABETH W. MCARTHUR
Agency: Department of Children and Family Services
Locations: Holiday, Florida
Filed: Jan. 28, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 4, 2015.
Latest Update: Dec. 22, 2024
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
To: Wonder Years Child Care and
Leaming Center, Inc., d/b/a
Sunshine Kids Academy
2908 Grand Boulevard Certified Mail Return
Holiday, FL 34690_—y;. Receipt No. 7013 2250 0001 4080 5554
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED the Department is imposing a $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 Wonder Years Child Care and Leaming Center,
Inc., d/o/a Sunshine Kids Academy for violations of child care licensing standards in
sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida
Administrative Code.
2. Wonder Years Child Care and Learning Center is licensed under section
402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a
3. The licensing counselor conducted a complaint inspection on August 14,
2014. The facility was found to be in violation of licensing standard #5, Supervision. On
August 13, 2014, the Department received a complaint that alleged that several Staff
On August 13, 2014, a child abuse investigation was initiated by the Pasco County
Sherriffs Department. The investigation, Report #2014-212747-01, was closed on
September 8, 2014 with findings of Substance Misuse Not Substantiated.
4. The foregoing facts violate Rule 65C-22.001(5)(d), Florida Administrative
Code, which states in part, “(d) No person shall be an operator, owner, or employee of a
child care facility while using or under the influence of narcotics, alcohol, or other drugs
LEnclos. ure. | \
imminent threat to children in care, including the possibility of death or serious harm to
the health, safety, or well-being of the children this staff was responsible for.
5. The violation described above is a Class 1 violation of child care licensing
standards. It is the facility's first Class 1 violation within a two-year period. The fine
imposed for this violation is $100.00.
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 (Attention: Mary Beth Wehnes), 9393 N. Florida Ave.,
Suite 500, Tampa, FL 33612.
If you wish to contest the findings of this administrative complaint, 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: Rebecca Kapusta)
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 Bivd
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 Marlene MacDonald, owner and designated corporate
representative of Wonder Years Child Care and Learning Center d/b/a Sunshine Kids
Academy, 2908 Grand Boulevard, Holiday, FL 34690, this via day of
, 2014.
Mary oT Wehnes, CPM
Regional Safety Program Manager
CC: Alicia Gonzalez, DCF Legal Counsel
Yves McClain, Family Services Counselor
Docket for Case No: 15-000485