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DEPARTMENT OF CHILDREN AND FAMILIES vs CHILDREN OF LIGHT ACADEMY, INC., 16-002077 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-002077 Visitors: 6
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: CHILDREN OF LIGHT ACADEMY, INC.
Judges: LINZIE F. BOGAN
Agency: Department of Children and Family Services
Locations: New Port Richey, Florida
Filed: Apr. 18, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, June 27, 2016.

Latest Update: Jul. 03, 2024
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Children of Light Academy, Inc. Certified Mail Return 6140 Perrine Ranch Road Receipt No. New Port Richey, Florida 34655 7015 0640 0001 0004 2026 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department is imposing a Four Thousand Four Hundred Forty Dollars ($4,440.00) Administrative Fine. 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 Children of Light Academy, Inc., for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statues, and Chapter 65C-22, Florida Administrative Code. 2. Children of Light Academy, Inc., is licensed under section 402, Florida Statues, and Chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Children of Light Academy, at 6140 Perrine Ranch Road, New Port Richey, Florida 34655. The facility license was issued Certificate of License #CO6PA0264 which is currently a regular license. 3. During a routine inspection on December 4, 2015, the facility was found to be in violation of Child Care Licensing Standard #60, Background Screening (Missing Level 2 Screen Documentation). The licensing counselor reviewed the files for all eight of the child care personnel at the facility. The files for two child care personnel, G.F. (date of hire 09-11-15) and D.B. (date of hire 10-10-2015) were missing documentation of the required Level 2 screening. G.F. was working with children from the date of hire, September 11, 2015, through December 17, 2015. D.B. was working with children from the date of hire, October 10, 2015, through December 4, 2015. 4. The acts and practices described in paragraph 3 above are violations of Section 402.305(2)(a), Florida Statutes, which states in part: (2) PERSONNEL.—Minimum standards for child care personnel shall include minimum requirements as to: (a) Good moral character based upon screening. This screening shall be conducted as provided in chapter 435, using the level 2 standards for screening set forth in that chapter. 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 SECTION 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 addresses: Department of Children and Families Legal Counsel (Attention: Shane DeBoard) 9393 N. Florida Ave. Suite 900 Tampa, FL 33612 Department of Children and Families Agency Clerk (Attention: Paul Sexton) Office of General Counsel 1317 Winewood Blvd Building 2, Room 204 Tallahassee, FL 32399 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. Ata 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 5 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. March 16, 2016 Paul Sexton Agency Clerk Department of Children and Families 1317 Winewood Blvd Building 2, Room 204 Taliahassee, Florida 32399 Dear Mr. Sexton: tam requesting on behalf of Children of Light Academy, Inc. an administrative hearing. In accordance with rule 28-106.2015(5) we provide the following information. e Abeer imseis, Director, Children of Light Academy, 6140 Perrine Ranch Road, New Port Richey Florida 34655 cola@colacademy.org, 727-940-5361, 727-254- 3640 (cell) e Philip J. Lipten, Esquire, 4858 Brenda Dr. Orlando, Florida 32812, 407-927-8256, 866-593-6537 (fax) e Weare requesting a formal Administrative Hearing under section 120.57(1) Florida Statutes. e Material facts that are in dispute: The events on the Inspection Reports (11/3/14, 2/27/15, 12/4/15) referenced in the Administrative Complaint do not rise to the level of a Class I! violation. The employees referenced in the Administrative Complaint were screened. Because of this, there is not the third violation of a Class !! violation in two years as alleged in the Administrative Complaint, and the center has not been in violation of the licensing standard for a total or 74 days as referenced in the Administrative Complaint. e The Administrative Complaint was received by Certified Mail (7015 0640 0001 0004 2026) on Friday February 26, 2016. e There was not a file number shown on the Administrative Complaint. Respectfully Submitted Philip J. Liptery, Esq. CERTIFICATE OF SERVICE | hereby certify that a true and correct copy of the foregoing has been delivered by Fedex Overnight to the Department of Children and Families, Shane DeBoard, Legal Counsel, 9393 N. Florida Ave, Suite 900, Tampa, Florida 33612; and Department of Children and Families, Paul Sexton, Agency Clerk, 1317 Winewood Blvd., Building 2, Room 204, Tallahassee, FL 32399; this 16th day of March, 2016.

Docket for Case No: 16-002077
Source:  Florida - Division of Administrative Hearings

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