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DEPARTMENT OF CHILDREN AND FAMILIES vs CHILD DEVELOPMENT SCHOOLS, INC. OWNER OF CHILDCARE NETWORK 112-CREIGHTON, 16-004418 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-004418 Visitors: 1
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: CHILD DEVELOPMENT SCHOOLS, INC. OWNER OF CHILDCARE NETWORK 112-CREIGHTON
Judges: JAMES H. PETERSON, III
Agency: Department of Children and Family Services
Locations: Pensacola, Florida
Filed: Aug. 04, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, September 7, 2016.

Latest Update: Dec. 24, 2024
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES DEPARTMENT OF CHILDREN AND FAMILIES, Petitioner v. ADMINISTRATIVE FINE AND INTENT TO TERMINATE/REVOKE GOLD SEAL DESIGNATION LICENSE NO. C01ES0304 CHILD DEVELOPMENT SCHOOLS, INC. owner of CHILDCARE NETWORK 112-CREIGHTON Respondent ADMINISTRATIVE COMPLAINT Petitioner, Department of Children and Families, by and through its undersigned counsel, files this Administrative Complaint against Respondent, Child Development Schools, Inc., owner of Childcare Network 112-Creighton , License No. CO1LES0304, to terminate/revoke Gold Seal designation and impose a $250.00 fine. A uniform system of procedures to impose disciplinary sanctions for violations of Sections 402.26-402.319, Florida Statutes, and Rule 65C-22, Florida Administrative Code, was created in 2008. In accordance with Sections 402.281 and 402.310, Florida Statutes, and the Progressive Disciplinary Sanctions set forth by Rule and Statute, the Department must terminate/revoke your Gold Seal designation in accordance with procedures prescribed in Chapter 120. The Department hereby notifies you of the intent to terminate/revoke the Gold Seal designation of your child care facility in 21 days from the service of this notification. The imposition of this change in status is based upon the violation cited on the Child Care Facility Inspection Checklist dated 2/16/16, in regard to possible child abuse and/or neglect. The Respondent, by and through specific actions, failed to report possible child abuse within the appropriate time frame (Class I violation). As grounds for the imposition of this penalty, the Department states as follows: 1. The State of Florida, Department of Children and Families, has jurisdiction over Respondent by virtue of the provisions of Sections 402.26-402.319, Florida Statutes. 2. The Respondent is licensed to operate as a child care facility pursuant to Sections 402.26-402.319, Florida Statutes, and Rule 65C-22, Florida Administrative Code. 35 Respondent committed a violation of Chapter 39, Florida Statutes, and Rule 65C- 22.001, Florida Administrative Code, in regard to child abuse or neglect. On the Child Care Facility Inspection Checklist dated 2/16/16, the facility was cited for having staff who failed to report possible child abuse as defined in Chapter 39, Florida Statutes (Class I violation). (See inspection checklist for details.) A $250.00 fine is imposed. 4. A Notice of Administrative Action was issued 2/23/16. =a The above-referenced violation constitutes grounds to levy this civil penalty pursuant to Sections 402.310, Florida Statutes, in that the conduct of Respondent constitutes a violation of the minimum standards, rules, and regulations for operation of a child care facility and the minimum standards for Gold Seal designation under Section 402.281(4), Florida Statutes. 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.” CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and accurate copy of the foregoing has been furnished by certified mail, return receipt requested, this A y day of , 2016, to Childcare Network 112-Creighton, Attention: Christine Goodin, 4079 Creighton Road, Pensacola, Florida 32504. KATIE GEORGE Florida Bar No. 30066 Assistant Regional Counsel Department of Children and Families 160 Governmental Center, Suite 601 Pensacola, Florida 32502 (850) 595-8057 OEPAR?, es ; Rick Scott State of Florida Governor Department of Children and Families 1, < “es.40 > Mike Carroll = Secretary PEMAND MYELFAMILIES.COM Walter Sachs Regional Managing Director Northwest Region 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 addresses: Assistant Regional Counsel Florida Department of Children and Families 160 Governmental Center, Suite 601 Pensacola, Florida 32502-5734 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. Circuit One, Northwest Region 160 Governmental Center, Suite 610, Pensacola, FL 32502-5734 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 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 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.

Docket for Case No: 16-004418
Source:  Florida - Division of Administrative Hearings

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