PEPAR, Ce) Rick Scott 2 Ay © @ oc State of Florida Governor a ¢ Department of Children and Families , < Mike Carralt cl ace Secretary MYFLFAMILIES.COM William &, D’Aiuto Regional! Managing Director STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Certified Mail Return Receipt No, 7015 0640 0003 1665 0695 To: Destined for Greatness Preschool Attention: Malisa Mariow 2605 Sunshine Dr $ Lakeland FL 33801 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department is proposing to impose administrative fines totaling $1250.00 and suspend your license for 7 days. The Depariment’s authority and grounds to impose this sanction are explained below, 45 The Department of Children and Familles is authorized by section 402.310, Florida Statutes, to sanction Destined for Greatness for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C- 22, Florida Administrative Code. 2: Malisa Mariow Is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Destined for Greatness located at 2606 Sunshine Drive South, Lakeland FL 33801. The facility license is currently an Annual License. 3. The Department learned that, on May 8, 2015, a child, V.G., who is three years old, received ligature marks around his neck. You admitted that the older children that attend your child care facility took a jump rope apart and hung it on the playground equipment near the slide. Dementrus Marlow and Carmen Caito, both told the Child Protective Investigator (CPi) and Child Care Regulations Counselor that the older chiidren would tie the rope on the equipment so that they could slide down from it. The teachers both admitted that they had previously taken the rope down but the children hung it back up, Carmen told the Department that the rope had been hanging up for approximately a week, According to you and your teachers no one saw the child Central Region © 200 N Kentucky Avenue # Lakeland, Florida 33801 Mission: Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery and Resiliency receive the injury to his neck. V.G. told the Department that the rope caught around his neck as he was sliding down and hurt it. 4. The foregoing facts violate 65C-22.001(5), Florida Administrative Code (F.A.C.), which requires staff to actively watch and direct children's activities within the same room or designated outdoor play area, and respand to the needs of the children. 5: The violation described above is a Class | violation of a child care licensing standard, in that such inadequate supervision posed an imminent threat to the child, or could or did result in death or serious harm to the health, safety or wel-being of a child. The fine imposed for this violation is $500.00. 6. On May 12, 2015, while investigating the aforementioned complaint, the Department iearned that your husband, who is unscreened, had transported children alone in a vehicle. You admitted that your husband had transported children when you needed to be at the center. You did not provide demographics on your husband but did notify the Department that he was working with an attomey to get his disqualified charges expunged. ° The foregoing facts violate ss. 402.305 (2) F.S., & Rule 65C-22.006 (4), F.A.C., which requires that all child care personnel have a cleared level || background screening. 8. The violation described above is a Class ! violation of a child care licensing standard. The fine imposed for this violation is $500.00. 9. Also, while investigating the complaint, the Department leamed that you failed to report alleged or suspected child abuse and or neglect despite your status as a mandated reporter. You advised that a parent disclosed incidents of domestic violence between her and her husband. Your statements to the CP! and Child Care Regulations Counselor were that the mother arrived at your facility with a bandage on her arm and a hospital bracelet. She advised you that her husband had beat her up and that he would no longer be in the home. You then advised the Department that even after this conversation, the husband came to your facility to pick up the children. In 2011, you completed the required training “Identifying and Reporting Child Abuse and Neglect,” which Includes discussions of domestic violence. Additionally, you signed a Child Abuse and Neglect Reporting Requirements form acknowledging your responsibility as a mandated reporter. When you were questioned about your failure to report, you advised that you had no intention of reporting it since It did not occur at your facility. 10. The foregoing facts violate ss. 402.311, 402.319 & Rule 65C-22.001 (9)(11), F.A.C., which requires that everyone is responsible to perform the duties of a mandatory reporter. 11. The violation described above is a Class | violation of a child care licensing standard. The fine imposed for this violation is $250.00. If you do not wish to contes! the findings of this administrative complaint, payment of the fine amount may be made directly to the Department of Children and Families, Child Care Regulation Office, 200 N Kentucky Ave, Suite 322, Lakeland, FL 33801. 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 [S 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: Cheryl D. Westmoreland, Esquire Assistant Regional Counsel, Circuit 10 1055 Highway 17, North Bartow, Florida 33830 Pisase 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 or modification of the agency's proposed action; (9) 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 ail 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 heen furnished by certified mail return receipt to Destined for Greatness Preschool located at 2605 Sunshine Dr S, Lakeland, FL 33801, this_/.3 day of November, 2015. Heidi be 7 Child Care Regulations Counselor

Docket for Case No: 15-007299