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DEPARTMENT OF CHILDREN AND FAMILIES vs LA PETITE ACADEMY, 17-000735 (2017)

Court: Division of Administrative Hearings, Florida Number: 17-000735 Visitors: 2
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: LA PETITE ACADEMY
Judges: J. BRUCE CULPEPPER
Agency: Department of Children and Family Services
Locations: Orlando, Florida
Filed: Feb. 03, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, March 16, 2017.

Latest Update: Sep. 25, 2017
Rick Scott State of Florida Governor Department of Children and Families Mike Carroll Secretary MYPLEAMIIES.COM William S. D'Aiuto Regional Managing Director Certified Mail No. 70/4 03/0 COs. 087% 7O7Z3 To: La Petite Academy #7493-Lake Mary C18SE0023 ed 3850 Lake Emma Rd, ~. Pp yf Lake Mary, FL 32746-3397 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of $100. The Department’s authority and:grounds to impose these sanctions are explained below. 1 The Department of Children and Families is authorized by section 402.310, Florida Statutes, to sanction La Petite Academy #7493-Lake Mary C18SE0023 for violations of child care licensing standards in sections 402.301 - 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2 La Petite Academy #7493-Lake Mary C18SE0023 is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility located at 3850 Lake Emma Rd, Lake Mary FL 32746-3397. The facility license is currently on an annual license. 5 The Respondent committed Class I licensing violations of Rule 65C-22.001(8)(b), F.A.C.with respect to Child Discipline. On June 22,2016 A method of discipline was used at the facility that was severe, humiliating or frightening to children in that [a teacher bit a one year old child without no concern for the child's safety or wellbeing]. “All child care personnel must comply with the facility’s written disciplinary policy. Such policies shall include standards that prohibit children from being subjected to discipline which is severe, humiliating, frightening, or associated with food, rest, or toileting. Spanking or any other form of physical punishment is prohibited for all child care personnel. Rule 65C-22.001(8)(b),, F.A.C. The facility operator was found to be in noncompliance with Child Discipline. The inspections for June 22,2016, is attached as Exhibit “A”. The foregoing facts violate 65C-22.001(8)(b),, F.A.C. 6 The violations described above is a Class I violation of child care licensing standards. The facility has been found tobe in noncompliance with the Child Discipline one time within a two-year period. Pursuant to Rule 65C-22.001(8)(b),, F.A.C. For the first violation of the same Class I standard, the department shall issue an administrative complaint imposing a fine of $100 for each violation.” For this first violation, the Department imposes a fine which is imposed in accordance with Section 402.310(1)(a)1, Florida Statutes. The fine imposed for this violation is $100. Central Region: 400 W. Robinson Street, Suite 912, Orlando, FL. 32801 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 CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail return receipt to Carmen Loiseau, Owner/Director of 3850 Lake Emma Rd, Lake Mary FL 32746-3397, on this 19-day of September, 2016. ida Iris Rosa Child Care Regulation Supervisor 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: BRIAN MEOLA Assistant General Counsel (Central Region) Department of Children and Families C/O District Legal Office, S-1129 400 West Robinson Street Orlando, Florida 32801-9425 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 heating, you may present evidence and argurnents 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 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. py EUW Ox OSBE L6Ee-9rZze 14 LEW OXE7 i | | Krew oyer-cerz# Awepedcy a1ned F1 {peunbay qwewesiopus) say AlsAeg PaRsod {paumbery wewesiopus) 884 Wdesey WINE 92] PEND | Bas E204 hb§O 2000 OTS hoe ydissoy winysy onsewOd eloz Aine" Lege wos sa | % cA (ag 2Bxz) {Alenjad Papysed “y Aanjed uo pejoo [] NeW Pansyl F) ‘S{pUByOLoyy 40} 3rasep WUMoE FT m sath PEN AMO [I] ol: 16€8-9PZZE 14 ‘ANEW OXeT | py BwUy ax27 SSE ON EQ — *Mojeq ssauppe Atonyop 491U9 “SAAS SOK: b Wal] Woy TuEIEWIP SSeIpPe Aanyjep st“ FPOL IETS JeNIed 19 6G "OD (eumy pau) Aq peagosy “A ‘SSselPPY Lp qweby ty 203 pesseippy eOHV. “L ‘spuued esoeds st Wau} EU} US 10 ‘eoeidyen 6uy jo yoeg otf OF Pid SI YORNY Bt “nok 0} pred BUA UUNYas UE OM Jel OS QSIOAG! olf] UO SSEUPPE PUB-SWEUINOA WL me *pansap’st Aenlied PayONse Hy Well eyaidios osiy"e PuE ‘Z ‘} swWaH sis|dWOD (LOTS MAL PLS USPS.com® - USPS Tracking® Page 1 of 2 English ‘Customer Service USPS Mabie Register / Sign in ALERT: The Postai Service is monitoring the progress of Hurricane Matthew. Check for updates on which service areas may he affected. Read More » EaUSPSCOM’ Quick Tools | Mail & Ship Track & Manage Postal Store Business international Help : ® Still Have Questions? USPS Tracking Brovise our FACS > Get Easy Tracking Updates > Sign up for My USPS, Tracking Number: 70140510000206847073 Updated Delivery Day: Thursday, September 28,2016 Product & Tracking Information Available Actions Postal Product: Features: : Certified Mail” ‘Text Updates September 29, 2018 , 14:48 Delivered, Left with LAKE MARY, FL'92746) am Individual Your item was delivered:to:an individual at the\addtess at 11:46 arn on\September 29, 2016 in LAKE MARY, FL 32746. a“ . Sertember 28, 2016 , 8:23 Out for Delivery LAKE MARY. FE 32748 Seotember 29, 2016 .8:13 Sorling Complete LAKE MARY, FL 32748 September 28, 2016, 6:14 Arrived at Unit LAKE MARY, FL 82746 september 27, 2016 , 9:49 Arrived at USPS Facility ORLANDO, FL 32624 Track Another Package Manage Incoming Packages Tracking (or receipt) number Tack a your packages from a dashboard. von ao ssnonitom se ie Jo tracking numbers necessary. i Trach It Sign up for’ My USPS > https://tools.usps.com/go/TrackConfirmAction?qtc_tLabels1=701405 10000206947073 10/14/2016

Docket for Case No: 17-000735

Orders for Case No: 17-000735
Issue Date Document Summary
Sep. 20, 2017 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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