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DEPARTMENT OF CHILDREN AND FAMILIES vs PARTNERS IN EDUCATION LEARNING CENTERS, INC., 15-002325 (2015)

Court: Division of Administrative Hearings, Florida Number: 15-002325 Visitors: 3
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: PARTNERS IN EDUCATION LEARNING CENTERS, INC.
Judges: SUZANNE VAN WYK
Agency: Department of Children and Family Services
Locations: Jacksonville, Florida
Filed: Apr. 23, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, August 4, 2015.

Latest Update: Jul. 03, 2024
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Partners {n Education Certified Mail: 7012 3460 0002 3963 6639 Learning Center Incorporated Return Receipt Requested 5152 Vernon Road Jacksonville, FL 32209 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of Seventy-Five Dollars ($75.00) and PROBATION. 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 Partners In Education Learning Center Incorporated for violations of child care licensing standards in sections 402.301 - 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. Partners In Education Learning Center Incorporated is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Partners In Education Learning Center Incorporated License #C04DU0946 located at 5152 Vernon Road, Jacksonville, FL 32209. The facility license is currently a REGULAR license. 3. During a Complaint Investigation conducted on October 21, 2014 DCF Licensing Counselor Marquencia Fulton determined: When the Counselor and another agent arrived at the facility, K.W. opened the facility front door leaving staff person L.S. alone to supervise a mixed age group of eight (8) children ages ranging from eleven (11) months through two (2) years old. This was a ratio violation as one (1) staff is required for every four (4) children when an infant is in the group. The staff member K.W. went to the classroom, however, she repeatedly left the room out of ratio to answer the door during the premteresereeetciesitnci area counselor’s visit. She was not able to supervise the children from the door. Ratio was not maintained until another staff member Q.W. returned from lunch. 4. The foregoing facts violate Florida Administrative Code 65C-22.001(4)(a)(b)(1) which states: 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. 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. 5. The violation described above is a Class II violation of child care licensing standards. It is the facility's fourth (4") Class tl violation of Child Care Facility Standards Classifications Summary #4 Ratio Sufficient within a two-year period. The same violation was previously cited on November 8, 2012 which has now dropped off because it’s more than 2 years old, on March 18, 2014 they were fined $50.00. There was another violation on April 23, 2014 which would have been the 3” violation at the time, however that fine was not written and on June 9, 2014 they were fined 75.00 per day for 1 day and Probation (a settlement agreement was reached and the fine was reduced to $50.00 and no Probation). The fine imposed for this violation is Seventy-Five Dollars ($75.00) per day for 1 day and PROBATION. PROBATIONARY STATUS The Respondent's license will be placed on PROBATIONARY STATUS for a period not to exceed six (6) months. The terms of Probation for Ratio are as follows: a. The facility shall incur no Class | violations during the probationary period. b. The facility shall incur no ratio violation during the probationary period. c. Ratio requirements have to be posted in each class room. d. The director has to hold a staff meeting (with DCF assistance) for all staff to review ratio guidelines and submit an agenda along with staff signatures showing their attendance. Failure to comply with these conditions may result in revocation of Respondent's license. if you do not wish to contest the findings of this administrative complaint, please submit a cashier’s check or money order made payable to the Florida Department of Children and Families, Child Care Regulation Office, 5920 Arlington Expressway, P.O. Box 2417, Jacksonville, FL 32231 If you wish to contest the findings of this administrative complaint and/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 INERROR, 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: David Tucker Chief Legal Counse! Department of Children & Families P. O, Box 2417 Jacksonville, FL. 32231-0083 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 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 eee niammensontgemas aici 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) Astatement of all disputed issues of material facts. If there are none, the petition must so indicate; (f) Avconcise 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 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. cr ate tat oiiccirtk sakeeia LEE CERTIFICATE OF SERVICE { HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail return receipt no. 7012 3460 0002 3963 6639 to Partners In Education |.earning Center Incorporated, §152 Vernon Road, Jacksonville, FL 32209 this 1i7¥aay of meng afety Program Manager , bad “Ea OA M2 Rashes rE ucedee NAAILLE oe ee MMMM: “Fits i, aF 70OL4 2120 OO00 4122 0756 “Dawid Tucker / pre woou ile 6pig s8q0H Pro, ex D4 oz ¥” Nvr Sactswnuile, © 3223) MAN Peaieoey B2Z0S20 1747 Haale yl gy.

Docket for Case No: 15-002325
Issue Date Proceedings
Aug. 04, 2015 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jul. 22, 2015 Notice of Voluntary Dismissal (filed in Case No. 15-002536).
Jun. 23, 2015 Order Granting Continuance (parties to advise status by July 23, 2015).
Jun. 22, 2015 (Petitioner's) Agreed Upon Motion to Continue Final Hearing Pending Change of Ownership (filed in Case No. 15-002536).
May 11, 2015 Order of Consolidation (DOAH Case Nos. 15-2325, and 15-2536).
May 04, 2015 Order of Pre-hearing Instructions.
May 04, 2015 Notice of Hearing by Video Teleconference (hearing set for July 2, 2015; 9:00 a.m.; Jacksonville and Tallahassee, FL).
Apr. 27, 2015 Joint Response to Initial Order filed.
Apr. 23, 2015 Initial Order.
Apr. 23, 2015 Administrative Complaint filed.
Apr. 23, 2015 Request for Administrative Hearing filed.
Apr. 23, 2015 Notice of Dispute of Material Fact filed.
Apr. 23, 2015 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

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