STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Certified Mail Return Receipt No. 91 7199 9991 7036 5327 1000 Ospina Large Family Child Care Home 7339 SW 158" Ave Miami, FL 33193 L11MD0027 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department is imposing a Civil Penalty in the total amount of $600.00 and is placing the license on Probation. The Department's authority and grounds to impose this sanction are explained below. 4, This is an administrative action for imposition of a civil penalty for known incidents of occurrence as authorized in section 402.310, Florida Statutes and rules 65C-22.010 and 65C-20.012, Florida Administrative Code. ve Petitioner, The Department, is an administrative agency of the State of Florida, charged with the duty to enforce and administer the provisions of Chapter 402, Florida Statutes and rules 65C-22.010 and 65C-20.012, Florida Administrative Code. 3. Respondent, Ospina Large Family Child Care Home (“Provider’), License No. L11MD0027, is licensed under Chapter 402, Florida Statutes, and Chapter 65C-22 and 65C-20, Florida Administrative Code, to operate a Large Family Day Care Home, known as, Ospina Large Family Child Care Home located at, 7339 SW 158" Ave, Miami, FL 33193. The large family child care home license is currently an Annual License. Violation | IMPOSITION OF FINE Standard #05-01 Indoors and Outdoors Supervision Rule Class | Violation 4. During an inspection on July 22, 2016, the Provider was cited for violating Standard 05- 01, Children Were Not Adequately Supervised, a Class | violation, as the children were left in care with a household member, D. Ospina who does not possess the required training to care for children. During that time, a child, to wit, L.M. came in contact with a hot beverage left on the childrens’ activity table, and as a result suffered a third degree | burn to the chest and abdominal area. 5. The Provider has been cited for one violation of Standard # 05-01 Supervision Rule, Children Were Not Adequately Supervised, a Class | violation, within two years of the last violation which occurred on July 22, 2016. The Department is therefore imposing a fine in the amount of $500.00 in accordance with §§402.310, Fla. Stat. and Rules 65C-20.012, 65C-20.0013(7)(a), 65C-20.0013(7)(a), 65C-20.0013(5)(c)1,Fla. Admin. Code and placing Page 10f4 the Child Care License on Probationary Status for a period not to exceed 6 months in accordance with § 402.310, Fla. Stat. and Rule 65C-22.010, Fla. Admin. Code. Violation Il IMPOSITION OF FINE Standard #51-01 Child Abuse or Neglect/Misrepresentation- The operator, employee or substitute, while caring for children, committed an act or omission that meets the definition of child abuse or neglect provided in Chapter 39, Florida Statutes Class | Violation During an inspection on July 22, 2016, the Provider was cited for violating Standard 51- 01, The operator, employee or substitute, while caring for children, committed an act or omission that meets the definition of child abuse or neglect provided in Chapter 39, Florida Statutes, Class | violation, as a child was severely injured as a result of inadequate supervision while in care and the operator did not report the incident to the Child Abuse Hot Line. The Provider has been cited for one violation of Standard 51-01, The operator, employee or substitute, while caring for children, committed an act or omission that meets the definition of child abuse or neglect provided in Chapter 39, Florida Statutes, Class | violation, within two years of the last violation which occurred on July 22, 2016. The Department is therefore imposing a fine in the amount of $100.00 in accordance with §§402.310, Fla. Stat. and Rules 65C-20.012, 65C-20.010(7)(a)(b), Fla. Admin. Code and placing the Child Care License on Probationary Status for a period not to exceed 6 months in accordance with § 402.310, Fla. Stat. and Rule 65C-22.010, Fla. Admin. Code. The Terms of the Probationary License are as follows: a. Esperanza Ospina must complete and provide the Office of Child Care Regulation with proof of completion of the online training module for Identifying and Reporting Child Abuse and Neglect; b. The Provider shall pay all outstanding fines on or before the expiration of Probationary Period; c. The Provider shall not subsequently violate Standard #63-04 Child care personne! misrepresented information related to the child care facility to the licensing authority and Standard #05-01 Indoors and Outdoors Supervision Rule, or any standard classified as a Class | violation, following the receipt of the Probationary License; d. The children enrolled at Provider's large family day care home can only be supervised by the operator or substitute; Page 2 of 4 e. The Department shall provide technical assistance to the large family day care home in the form of biweekly inspections. If you do not wish to contest the findings of this administrative complaint, payment of the fine amount may be made directly to the Florida Department of Children and Families, Child Care Regulation Office, 401 NW 2™ Ave, Suite N-424, Miami, FL 33128. 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 “NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES” PROVIDED BELOW NOTIFICATI F RIGHTS U. R CHAPTER 120, FLORIDA STATUTES IF YOU BELIEVE THE DEPARTMENT’S DECISION IS INERROR, 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: Florida Department of Children and Families Office of the General Counsel Southern Region ATTN: Karen M. Annunziato, Esq. 401 N.W. 2nd Avenue, Suite N-1014 Miami, Florida 33128 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. Page 3 of 4 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. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy of the foregoing administrative complaint has been provided by U. S. certified mail, return receipt no. 91 7199 9991 7036 5327 1000 to, Ospina Large Family Child Care Home, 7339 SW 158" Ave, Miami, FL 33193 this 26" day of September, 2016. 8.F. zette Frazier ional Program Safety Manager Florida Department of Children and Families Page 4 of 4

Docket for Case No: 16-006687