STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Martha Bilal d/b/a Certified Mail: 7012 3050 0002 0677 0929 Bilal Family Day Care Home Return Receipt Requested 2725 Silver Street Jacksonville, FL 32206 ADMINISTRATIVE COMPLAINT. YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of Four Hundred Dollars ($400.00) and REVOCATION OF CHILD CARE LICENSE. The Department's authority and grounds to impose this sanction are explained below: 1. The Department of Children and Families is autharized by section 402.310, Florida Statutes, to sanction Martha Bilal d/b/a Bilal Family Day Care Home for violations of child care licensing standards in sections 402.301 ~ 402.319, Florida Statutes, and chapter 65C-20, Florida Administrative Code. 2. Martha Bilal is licensed under chapter 402, Florida Statutes, and chapter 65C-20, Florida Administrative Code, to operate a family day care home known as Bilal Family Day Care Home License #F04DU0170 located at 2725 Silver Street, Jacksonville, FL 32206. The home's license is currently a REGULAR License. Violation #1 3. During a Complaint Investigation on June 8, 2015 Licensing Counselor Jarvis Burphy determined that: Children were not being adequately supervised in that a four (4) year old K.C. was inappropriately touched by a twelve (12) year old S.H. at the daycare. 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 1 O_O EEE | 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 shail have adult supervision, which means watching and directing children’s activities, both indoors and outdoors, and responding to each child's needs. 5. The violation described above is a Class HI violation of child care licensing standards. It is the home's second (2) Class Il violation of the Family Day Care Home Standards Classification #5 Indoors and Outdoors Supervision within a two-year period. The same violation was previously cited on October 30, 2014 at which time they received technical support and an administrative warning. Due to the severity of the incident this Class II violation is being escalated to a Class | violation. The fine imposed for this violation is Two Hundred Dollars ($200.00). Violation #2 6. During a Complaint Investigation on June 8, 2015 Licensing Counselor Jarvis Burphy determined that: As a mandated reporter, the operator or substitute failed to report suspected child abuse or neglect as required in section 39.201, Florida Statutes. The parent of the four (4) year old K.C. stated that the provider M.B. never contacted her about the allegations and she never received a written incident report from M.B. 7. The foregoing facts violate Florida Administrative Code 65C-20.010 (7)(b) which states: 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. 8. The violation described above is a Class | violation of child care licensing standards. It is the home’s first (1°"} Class I violation of the Family Day Care Home Standards Classification #38 Child Abuse or Neglect within a two-year period. This is the facility’s second (2"") Class I violation within a two-year period. The first (1*') Class | violation was previously cited on January 30, 2015. The fine imposed for this violation is Two Hundred Dollars ($200.00) and REVOCATION. This is the home's third (3%) Class 1 violation within a two year period. Disciplinary sanctions for licensing violations that occur within a two year period shall be progressively enforced as follows: Class | Violations. a. For the first and second violation of a Class | standard, the department shall, upon applying the factors in Section 402.310(1), F.S., issue an administrative complaint imposing a fine not less than $100 nor more than $500 per day for each violation, and may impose other disciplinary sanctions in addition to the fine. b. For the third and subsequent violation of a Class | standard, the department shall issue an administrative complaint to suspend, deny or revoke the license. The department, upon applying the factors in Section 402.310(1), F.S., may also levy a fine not less than $100 nor more than $500 per day for each violation in addition to any other disciplinary sanction. 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 forma! 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 4 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 ina 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 0929 to Martha Bilal d/b/a Bilal Family Day Care Home, 2725 Silver Street, Jacksonville, FL 32206 this _/ 77#day of August 2018. AVA Pamela Buckha Safety Program|Manager

Docket for Case No: 15-006478