STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: La Petite Academy, Inc., 12024 Cobblestone Drive Certified Mail Return Hudson, Florida 34667 Receipt No. 7013 2250 0002 2819 4437 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department is imposing a Five Hundred Dollars ($500.00) 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, La Petite Academy, Inc., for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. La Petite Academy, Inc, is licensed under section 402, Florida Statues, and Chapter 65C-22, Florida Administrative Code, to operate a child care facility known as La Petite Academy, located at 12024 Cobblestone Drive, Hudson, Florida 34667. The facility license is currently a “Regular License” Certificate of License Number CO6PA0089. 3. A complaint inspection was conducted on February 6, 2015. During this inspection the facility was found to be in violation of Licensing Standard # 63, Access/Child Abuse or Neglect/Misrepresentation (Child Abuse/Neglect Not Reported). On February 6, 2015, the Department received a complaint alleging that a 15 month old child, J.S., sustained multiple bruises on all parts of his body and that this had been on-going for about a week. The child had been at the daycare for three months. On Friday, January 30, 2015, the child fell off the slide and hit his forehead. An incident report was provided to J.S.'s mother. V.S., the one's teacher, stated that the child had a red mark on his forehead on the day of the incident and that she did not see the other bruises on his forehead until Monday, February 2, 2015. V.S. further stated that on February 2, 2015, she noticed bruises on J.S.'s arms, legs and that his bottom was red. On February 2, 2015, the director, V.C., stated that staff documented a head to toe check on the. child due to the number of bruises on his legs, right back, both elbows and each side of his forehead, arms and wrist. Photos were taken by the facility. E.H., another one’s room teacher, and K.W., who helps out in the one's room, are the other staff who noticed the bruising on J.S. The director also stated that they were concerned about all the bruises and advised the mother to take the child to his pediatrician. On February 5, 2015, staff at the facility noticed three other bruises on the child's left arm/wrist. Although, the staff 1 (Exclsure) and the director of the facility observed the multiple bruises and documented the bruises no one from the facility call the abuse hotline. As a mandated reporter, the owner, operator, employee or substitute failed to report suspected child abuse or neglect as required by Section 39.201, Florida Statutes. This incident of failing to report suspected child abuse or neglect posed an imminent threat to the child in care, including the possibility of death or serious harm to the health, safety, or well-being of the child. 4. The acts and practices described above in paragraph 3 are violations of Rule 65C-22.001(11}(b), Florida Administrative Code, Child Safety, which states in part: (b) Failure to perform the duties of a mandatory reporter pursuant to Section 39.201, F.S., constitutes a violation of the standards in Sections 402.301-.319, F.S. Sections 39.201(1)(a), (b) and (d)5, Florida Statutes, which state in part: (a) Any person who knows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child’s welfare, as defined in this chapter, or that a child is in need of supervision and care and has no parent, legal custodian, or responsible adult relative immediately known and available to provide supervision and care shall report such knowledge or suspicion to the department in the manner prescribed in subsection (2). (b) Any person who knows, or who has reasonable cause to suspect, that a child is abused by an adult other than a parent, legal custodian, caregiver, or other person responsible for the child’s welfare, as defined in this chapter, shall report such knowledge or suspicion to the department in the manner prescribed in subsection (2). (d) Reporters in the following occupation categories are required to provide their names to the hotline staff: ... 5. Social worker, day care center worker, or other professional child care, foster care, residential, or institutional worker; ... The names of reporters shall be entered into the record of the report, but shall be held confidential and exempt as provided in s. 39.202. 5. The violations described above in paragraph 3 are Class 1 violations of the child care licensing standards. The February 6, 2015, violation is the facility's first Class | violation of Licensing Standard # 63, Access/Child Abuse or Neglect/Misrepresentation (Child Abuse/Neglect Not Reported). A Notice of Administrative Action was issued to the facility. The facility was advised of the Department's intent to impose an administrative fine as a result of this violation. A Five Hundred Dollars ($500.00) fine is hereby imposed for this Class 1 violation. 6. 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 petitioners 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 Mark R. Bierley as president of La Petite Academy, Inc., 21333 Haggarty Road, Suite 300, Novi, Ml 48375 and to Virginia Cannova as the designated corporate representative of La Petite Academy, Inc., 12024 Cobblestone Drive, Hudson, Florida 34667, this [#oday of Abn | , 2015. Mary ae Wehnes, CPM Regional Safety Program Manager CC: Alicia Gonzalez, DCF Legal Counsel Anna Walker, Family Services Counselor

Docket for Case No: 15-002803