Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: REID'S EDUCATIONAL CHILD CARE CENTER
Judges: SUZANNE VAN WYK
Agency: Department of Children and Family Services
Locations: Jacksonville, Florida
Filed: Oct. 23, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, December 28, 2015.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND FAMILIES
To: Reid’s Educational Child Care Center Certified Mail: 7012 3050 0002 0677 0868
d/b/a Reid's Educational Child Care Center Return Receipt Requested
10658 Biscayne Blvd
Jacksonville, FL 32218
ADMINISTRATIVE COMPLAINT
YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of Two
Hundred Sixty Dollars ($260.00) 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 Reid’s Educational Child Care Center d/b/a Reid’s Educational Child Care Center for violations
of child care licensing standards in sections 402.301 ~ 402.319, Florida Statutes, and chapter 65C-22, Florida
Administrative Code.
2. Reid’s Educational Child Care Center is licensed under chapter 402, Florida Statutes, and
chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Reid’s Educational
Child Care Center License #C04DU1005 located at 10658 Biscayne Bivd, Jacksonville, FL 32218. The
facility license is currently a REGULAR License.
Violation #1
3. During a Complaint Investigation on June 16, 2015 DCF Licensing Counselor, Brittany Thomas,
determined that:
Direct supervision of children in the school age group was inadequate in that a child T.S. was left atone
and unsupervised. Counselor observed T.S. in a room alone and unsupervised. Provider N.R. and two
(2) staff members L.S. and F.B. were on the outside playgrounds, leaving T.S. alone in the facility.
4 The foregaing facts violate Florida Administrative Code 65C-22.001(5)(a) which states: (a)
Direct supervision means actively watching and directing children’s activities within the same room or
designated outdoor play area, and responding to the needs of each child. Child care personnel at a facility
must be assigned to provide direct supervision to a specific group of children, and be present with that group of
children at all times. When caring for school-age children, child care personnel shall remain responsible for the
supervision of the children in care, shall be capable of responding to emergencies, and are accountable for
children at all times, including when children are separated from their groups.
5. The violation described above is a Class II violation of child care licensing standards. It is the
facility's third (3) Class II violation of Child Care Facility Standards Classifications Summary #5
Supervision within a two-year period. The same violation was previously cited on March 2, 2015 at which time
they received technical assistance and an administrative warning letter and on April 14, 2015 they received a
fine for $50.00. The fine imposed for this violation is Sixty Dollars ($60.00) per day for one (1) day.
Violation #2
6. During a Complaint Investigation on June 16, 2015 DCF Licensing Counselor, Brittany Thomas,
determined that:
A Health deficiency having a low potential for harm to the children in care was observed. Counselor
observed an AC unit located in the hallway that was leaking water out into the hallway. The hallway is
located between two classrooms and is the only way to access the bathrooms and the outside play
area.
7. The foregoing facts violate Florida Administrative Code 65C-22.002(1)(a) which states: All
child care facilities must be clean, in good repair, free from health and safety hazards and from vermin
infestation.
8. The violation described above is a Class Hl violation of child care licensing standards. {t is the
facility's fourth (4"") Class III violation of Child Care Facility Standards Classifications Summary #14
Facility Environment/Health Deficiency within a two-year period. The same violation was previously cited on
March 10, 2015 at which time they received technical assistance, on November 6, 2014 they received an
administrative warning letter and on April 14, 2015 they received a fine for $25.00. There is no fine imposed for
this violation as it is being address under licensing standard #63.
Violation #3
9. During a Complaint Investigation on June 16, 2015 DCF Licensing Counselor, Brittany Thomas,
determined that:
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. Counselor
and another agent within the Department of Children and Families observed the AC unit leaking into a
white bin that was overflowing underneath the AC unit and out into the hallway and kitchen. There was
also a moldy smell in the facility as well as the area around the AC unit and gnats in the kitchen area. |
Counselor observed a build-up of dust particles on the outside of the AC handler located in the hallway
between two (2) classrooms where children walk through to use restroom and to access the
playground area. Counselor and another agent observed a broken tree limb hanging from the tree over
both playgrounds posing a threat to the health, safety and well-being of the children in care.
10, The foregoing facts violate Fiorida Administrative Code 65C-22.001(11)(a) which states:
Acts or omissions that meet the definition of child abuse or neglect provided in Chapter 39, F.S., constitute a
violation of the standards in Sections 402.301-.319, F.S., and shall support imposition of a sanction, as
provided in Section 402.310, F.S.
11, The violation described above is a Class | violation of child care licensing standards. It is the
facility's first (1°) Class I violation of Child Care Facility Standards Classifications Summary #63
Access/Child Abuse or Neglect/Misrepresentation within a two-year period. This is the facility's second
(2"*) Class | violation within a two-year period. The first (1°) Class I violation was previously cited on
February 4, 2014. The fine imposed for this violation is Two Hundred Dollars ($200.00) 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 the Probation are as follows:
a. The facility shall incur no Class | violations during the probationary period.
b. The facility shall incur no supervision violations during the probationary period.
c. The facility shall incur no ratio violation during the probationary period.
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.
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 inciude 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 0868 to Reid’s Educational Child Care Center d/b/a Reid’s
Educational Child Care Center, 10658 Biscayne Blvd, Jacksonville, FL 32218 this day of August
2015.
Docket for Case No: 15-006010
Issue Date |
Proceedings |
Dec. 28, 2015 |
Order Closing File. CASE CLOSED.
|
Dec. 23, 2015 |
Notice of Voluntary Dismissal filed.
|
Dec. 14, 2015 |
Order Granting Continuance (parties to advise status by January 4, 2016).
|
Dec. 14, 2015 |
Order Granting Motion to Amend Administrative Complaint
|
Dec. 08, 2015 |
Motion for Leave to Amend Administrative Complaint and Reschedule Final Hearing filed.
|
Nov. 06, 2015 |
Order of Pre-hearing Instructions.
|
Nov. 06, 2015 |
Notice of Hearing by Video Teleconference (hearing set for January 5, 2016; 1:00 p.m.; Jacksonville and Tallahassee, FL).
|
Nov. 03, 2015 |
Joint Response to Initial Order filed.
|
Oct. 26, 2015 |
Initial Order.
|
Oct. 23, 2015 |
Administrative Complaint filed.
|
Oct. 23, 2015 |
Request for Administrative Hearing filed.
|
Oct. 23, 2015 |
Notice (of Agency referral) filed.
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