- Rick Scott “e Governor Department of Children and Families William S. D’Aiuto Regional Director 2 State of Florida Mike Carrol, x s Secretary MYPLEAMILIES COM STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES February 3, 2016 COP ¥ Certified Mail Document # 7015 3010 0000 6688 6173 Date February 3, 2016 Return Receipt Requested and Regular U.S. Mail (IN THE MATTER OF A Civil Penalty Against Stepping Stones Early Childhood Development Center Laura Nagel 500 NW Stuart Avenue Stuart, FL 34994 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of $480.00. As grounds for the imposition of this penalty, the Department states the following: 1. The Department of Children and Families, State of Florida, has jurisdiction over Respondent by virtue of the provisions of sections 402.301 - 402.319, Florida Statutes. 2. On December 14,2015, the Respondent committed a Class 2 violation of Florida Administrative Code (F.A.C.) Section 65C-22.001(4) (a)-(b), and Florida Statute 402.305(4), in regards to Ratio (inadequate staff). Ratios observed in two classrooms upon artival were: one staff person for three three-year-olds and five four-year-olds (1:8); and one staff person with five one-year-olds (1:5). Subsequent to the ratio observations in the classrooms, the one year-olds were taken to the toddler playground with one staff person, and the three and four year-olds were taken to the playground for older children by a second staff person. The staff person on the playground supervising the three and four year-olds entered a doorway of the facility and was in a classroom with the Counselor doing the inspection. The Counselor asked the staff person “who is supervising your children” and the staff person stated “(the one year-old staff person) is watching them so I could come tell you | don’t have my card”. The staff person entering the facility to speak to the Counselor left the one year-old staff person outside with all 13 children in a ratio of 1 staff person to 13 children (1:13), A ratio of | staff person for every 6 children is required when a mixed group of differently aged children contains a Circuit 19 @ 337 N US Highway 1 @ Room 327 @ Fort Pierce, Florida 34950 Mission: Protect the Vuinerable, Promote Strong and Econamicaily Self-Sufficient Families, and Advance Personal and Family Recovery and Resiliency a _ _E_ _< =< _ EU OO one year-old. The required ratio would be 3 staff persons to 13 children (3:13). This fine of $180.00 is imposed in accordance with Section 402.310(1)(a), Florida Statutes. This is progressive discipline. Prior occurrences of this same violation occurred on 8/31/2015, and 10/27/2015. 3. On December 14, 2015, the Respondent committed a Class 2 violation of 65C- 22.001(5)(a), F.A.C., in regards to inadequate direct supervision. Direct supervision of children in the one year-old classroom was inadequate in that the “baby” gate between the one year-old classroom and the classroom next door was pulled down by a child and two children exited the one year-old room and entered the neighboring classroom where the Counselor performing the inspection was seated. The staff person supervising the one year-old children was talking on the telephone and was not aware that the two children had {eft the one year-old room. This fine of $180.00 is imposed in accordance with Section 402.310(1)(a), Florida Statutes. ‘This is progressive discipline. Prior occurrences of this same violation occurted on 9/11/2014, and 3/13/2015. 4. On December 14, 2015, the Respondent committed a Class 3 violation of Section 65C- 22.001(10), F.A.C., in regards to attendance. Staff did not record the daily attendance of children. Daily attendance of children shall be taken and recorded by the child care facility personnel, documenting the time when each child enters and departs a child care facility or program. The custodial parent or guardian may document the time when their child(ren) enter and depart the child care facility or program. However, child care facility personnel are responsible for ensuring that attendance records are complete and accurate. This fine of $120.00 is imposed in accordance with Section 402.31 0(1)(a), Florida Statutes. This is progressive discipline. Prior occurrences of this same violation occurred on 4/13/2015, 9/09/2015, and 10/27/2015. 5. The above referenced violations constitute grounds to levy this Civil Penalty pursuant to 402.310(1) (a), Florida Statutes, in that the above referenced conduct of Respondent constitutes a violation of the minimum standards, rules and regulations for the operation ofa Child Care Center. PAYMENT OF FINE, IF NOT CONTESTED Payment of this fine can be made directly to the Department of Children and Families. The mailing address is 337 N US Highway 1, Room 327 Fort Pierce, FL. 34950 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 RECEIVED BY THE DEPARTMENT WITHIN 2t 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 address: Circuit 19 @ 337 N US Highway 1 ® Room 327 @ Fort Pierce, Florida 34950 Mission: Work in Partnership with Local Communities to Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery and Resiliency Laurel Hopper Assistant Regional Counsel Department of Children and Famities 337 North US Highway 1 Fort Pierce, FL 34950 Please note that a request for an administrative hearing must comply with sections 120.569(2) (c). Florida Statutes and Rules 28-106.201(2), Florida Administrative Code. Those provisions, when read together, require a petition for administrative hearing to include: 1. The name and address of each agency affected and cach agency’s file or identification number, if known 2. 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; and an explanation of how the petitioner’s substantial interests will be affected by the agency determination A statement of when and how the petitioner received notice of the agency decision 4. A statement of all disputed issues of material facts. If there are none, the petition must so indicate 5. 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 6. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agency’s proposed action 7. 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 pd Section 120.569, Florida Statutes, and rule 28-106.201(4), Florida Administrative Code, require that a petition to be dismissed if it is not in substantial compliance with the requirements above. STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES —— ~ y (an \\eOn— Tom Pecr, Child Care Regulation Supervisor Circuit 19 @ 337 N US Highway 1 @ Room 327 @ Fort Pierce, Florida 34950 Mission: Work in Partnership with Local Communities to Protect the Vulnerable, Promate Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery and Resiliency NO

Docket for Case No: 16-001175