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DEPARTMENT OF CHILDREN AND FAMILIES vs CARING HANDS CHILD DEVELOPMENT, LLC, 15-004320 (2015)

Court: Division of Administrative Hearings, Florida Number: 15-004320 Visitors: 49
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: CARING HANDS CHILD DEVELOPMENT, LLC
Judges: W. DAVID WATKINS
Agency: Department of Children and Family Services
Locations: Jacksonville, Florida
Filed: Jul. 28, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, October 1, 2015.

Latest Update: Nov. 14, 2024
is STATE OF FLORIDA " DEPARTMENT OF CHILDREN AND FAMILIES ly | { To: Caring Hands Child Development LLC Certified Mail: 7012 3050 0002 0677 3067 is d/bia Caring Hands Child Development LLC Return Receipt Requested 3206 Dillon Street Jacksonville, FL 32254 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of Two Hundred Dollars ($200.00). The Department's authority and grounds to impose this sanction are explained below. 1. The Department of Children and Familiés is authorized by section 402.310, Florida Statutes, to sanction Caring Hands Child Development LLC d/b/a Caring Hands Child Development LLC for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-20, Florida Administrative Code. 2. Caring Hands Child Development LLC is licensed under chapter 402, Florida Statutes, and chapter 65C-20, Florida Administrative Code, to operate a large family day care home known as Caring Hands Child Development LLC License #L04DU003¢ located at 3206 Dillion Street, Jacksonville, FL 32254, The home’s license is currently a REGULAR License. Violation #1 3. During a Complaint Investigation on March 27, 2015 DCF Licensing Counselor Rosebud Hilliard, determined that: On March 26, 2015, Children were not adequately supervised in that a thirteen (13) month old child M.J. received fourteen (14) bite marks, nine (9) on her face, four (4) on her back and one (1) on her wrist from another thirteen (13) month old child D.F. while in a bedroom during naptime. D.F. also bit another child K.A. after M.J. was discovered bitten. Due to the mulitiple injuries sustained by M.J., the violation has been escalated to a Class I. 1 4. The foregoing facts violate Florida Administrative Code 65C-20.009(5)(a) which states: At all times, which includes when the children are napping or sleeping, the operator shall remain responsible for the supervision of the children in care and capable of responding to emergencies and the needs of the children. While children are napping or sleeping in bedrooms, the bedroom doors must remain open. During the daytime hours of operation, children shall have adult supervision, which means watching and directing children’s activities, both indoors and outdoors, and responding to each child's needs. 6. The violation described above is a Class | violation of child care licensing standards. Itis the home’s first (1°) Class I violation of the Large Family Day Care Home Standards Classification Summary #5 Indoors and Outdoors Supervision within a two-year period. The fine imposed for this violation is Two Hundred Dollars ($200.00). The home was aiso cited with a Class 1 violation for #51 Child Abuse or Neglect/Misrepresentation the owner, operator, employee or substitute, while caring for children, committed an act or omission that meets the definition of child abuse or neglect provided in Chapter 39, Florida Statutes. if you do not wish to contest the findings of this administrative complaint, please submit a. cashior'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, RIGHT TO ADMINISTRATIVE PROCEEDING IF YOU BELIEVE THE PROPOSED ACTION DESCRIBED IN THIS ADMINISTRATIVE COMPLAINT IS IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING IN ACCORDANCE WITH THE ENCLOSED “NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES” NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES IF YOU BELIEVE THE DEPARTMENT'S DECISION IS IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING UNDER SECTIONS 120.569 AND 120.57, FLORIDA STATUTES, TO CONTEST THE DECISION. YOUR REQUEST FOR AN ADMINISTRATIVE HEARING MUST BE RECEIVED BY THE DEPARTMENT BY 5:00, P.M., NO LATER THAN 21 CALENDAR DAYS AFTER YOU RECEIVED THE DEPARTMENT’S ADMINISTRATIVE COMPLAINT. You must submit your request for an administrative hearing to the Department at the following address: David Tucker Chief Legal Counsel Department of Children & Families P. O. Box 2417 Jacksonville, FL. 32231-0083 IF YOUR REQUEST FOR AN ADMINISTRATIVE HEARING IS NOT RECEIVED BY THE DEPARTMENT BY THE ABOVE DEADLINE, YOU WILL HAVE WAIVED YOUR RIGHTS TO A HEARING AND THE DEPARTMENT'S PROPOSED ACTION WILL BE FINAL. ANY DENIAL, SUSPENSION, REVOCATION OR OTHER ACTION CONCERNING YOUR LICENSE OR REGISTRATION WILL BE EFFECTIVE ON THAT DATE OR ON ANY LATER EFFECTIVE DATE STATED IN THE ADMINISTRATIVE COMPLAINT, AND ANY PENALTY OR FINE IMPOSED MUST BE PAID WITHIN 30 DAYS THEREAFTER OR ANY EARLIER TIME PROVIDED IN THE ADMINISTRATIVE COMPLAINT. If you disagree with the facts stated in the Department's administrative complaint, you may request a formal administrative hearing under section 120.57(1), Florida Statutes. At a formal hearing, you may present evidence and arguments on all issues involved, and question the witnesses called by the Department. You have the right to be represented by counsel or other qualified representative. If you do not disagree with the facts stated in the Department's administrative complaint, you may request an informal administrative hearing under section 120.57(2), Florida Statutes. At an informal hearing, you may present your argument or a written statement for consideration by the Department. You have the right to be represented by counsel or other qualified representative. Your request for an administrative hearing must meet the requirements of Rule 28- 106.2015(5), Florida Administrative Code, must be prepared legibly on 8% by 11 inch white paper, and include all of the following items: (a) Your name, address, email address (if any) and telephone number. (b) The name, address, email address (if any) and telephone number of your attorney or qualified representative, if any. {c) A statement requesting an administrative hearing. (d) A statement of all facts in the administrative complaint with which you disagree. If you do not disagree with any of the facts stated in the administrative complaint, you must say so. (e) A statement of when and how you received the administrative complaint. (f) A statement identifying the file number of the administrative complaint, if shown on the administrative complaint. Section 120.569, Florida Statutes, and rule 28-106.201(4), Florida Administrative Code, require the Department to dismiss your request for hearing if it is not in substantial compliance with the requirements above. Mediation as described in section 120.573, Florida Statutes, is not available. However, other forms of mediation or informal dispute resolution may be available after a timely request for an administrative hearing has been received, 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 or informal dispute resolution 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 no. 7012 3050 0002 0677 3067 to Caring Hands Child Development LLC d/b/a Caring Hands Child Development LLC, 3206 Dillion Street, Jacksonville, FL 32354 this _/& ay of June 2015. Pantela Buckham Safety Program Manag

Docket for Case No: 15-004320
Source:  Florida - Division of Administrative Hearings

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