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: Dec. 23, 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
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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.
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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
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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.
|