ore J Rick Scott 2 Department of Children and Families = Mike Carroll Secretary William S. D’Aluto Regional Managing Director December 19, 2017 ERTIFIED MAIL / RETURN RECEIPT REQUESTED 0 0000 7¥0?7 208 IN THE MATTER OF A Civil Penalty Against: Creative Kids Learning Center c/o Porche Slydell-Hill 904 Starbird Street Eustis, FL 32726 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of Seven Hundred Ten-Dollars ($710.00). 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. The Respondents, Porche Slydell-Hill is licensed under Chapter 402, Florida Statutes, and Chapter 65C-22, Florida Administrative Code, to operate a child care facility known as A Kids Comer Leamirg Center, located at 904 Starbird Street, Eustis, FL 327286. 3 The Respondent committed a third Class II violation of 65C-22.001(4) within a two (2) year period; Insufficient Staff / Ratios (4) Ratios. (a) The staff-to-child ratio, as established in Section 402.305(4), F.S., is based on primary responsibility for the direct supervision of children, and applies at all times while children are in care. (b) Mixed Age Groups. 1. In groups of mixed age ranges, where children under one year of age are included, one staff member shall be responsible for no more than four children of any age group, at ail times. 2. In groups of mixed age ranges, where children one year of age but under two years of age are included, one staff member shall be responsible for no more than six children of any age group, at all times. 3. For every 20 children, a child Crreuit 5 ae sw cat Gosia, FL 3 34474 Economically Self Suffciont Families, and Advance | ai and Family riers ie Resiliency care facility must have one (1) credentialed staff member pursuant to Section 402.305(3), F.S. in that; a. On June 16, 2016, during a renewal inspection, Cheryl Hester-Brown, Child Care Regulation Counselor observed seven schoo! age children and thirteen two-year-olds being supervised by two staff. A ratio of three staff is required. This represents the first Class II violation with an administrative warning provided. b. On December 1, 2016, during a complaint inspection, Cheryl Hester-Brown, Child Care Regulation Counselor followed up on a complaint observed by other agency personnel. Other agency personnel observed one staff caring for sixteen children, ten two-year-olds, six three-year-olds. A ratio of two staff is required. This represents the second Class || violation within a two-year period which constitutes an administrative fine. Fine Imposed-$50.00 Unpaid c. On February 14, 2017, during a complaint inspection, Cheryl Hester-Brown, Child Care Regulation Counselor observed one staff caring for eight infants. The Director arrived twelve minutes later to correct the ratio. A ratio of two staff is required for eight infants. This represents the third Class || violation within a two-year period and constitutes an additional administrative fine. Fine Ilmposed-$60.00 Unpaid 4. The Respondent committed a third Class Ill violation of 65C-22.002(1)(a) within a two (2) year period; Physical Environment / Facility Not In Good Repairs (1) General Requirements. (a) All child care facilities must be clean, in good repair, free from health and safety hazards and from vermin infestation, in that; a. On June 16, 2016, during a renewal inspection, Cheryl Hester-Brown, Child Care Regulation Counselor observed the facility was not in good repair. Counselor observed torn mini blinds and doors in the facility that needed painting due to peeling or missing paint. This represents the first Class It) violation with technical assistance provided. b. On February 2, 2017, during a routine inspection, Cheryl Hester-Brown, Child Care Regulation Counselor observed the facility not in good repair. Mini blinds in the infant room had panels missing and all doors with missing paint need to be repainted. This represents the second Class Ill violation technical assistance provided and a warning issued. é; On July 12, 2017, during a complaint inspection, Linda Mahone, Child Care Regulation Counselor observed the facility not in good repair. Counselor observed a broken window that a child had fell into. The broken window had not been replaced or sealed off when Counselor arrived to commence the compiaint. This represents the third class III violation within a two-year period which constitutes an administrative fine. Fine Imposed $25.00 5. The Respondent committed a third Class iil violation of 65C22.002(10)(c)(1)within a two (2) year period; Physical Environment / Bedding & Linens/ impermeable Surface (c) Bedding and Linens. 1. Each child in care must be provided safe and sanitary bedding to be used when napping or sleeping. Sleep bedding includes beds, cribs, or mattresses (excluding an air mattress or a foam mattress). Nap bedding includes sleep bedding, cots, playpens, or floor mats. Floor mats must be at least one- inch-thick, and covered with an impermeable surface cleaned and sanitized or disinfected after each use. Bedding must be appropriate for the child’s size. Nap bedding is not required for school-age children; however, the program or facility shall provide an area as described in paragraph (5)(a), above for those children choosing to rest, in that; a, On June 16, 2016, during a renewal inspection, Cheryl Hester-Brown, Child Care Regulation Counselor observed five children sleeping on mats that were tom. Provider removed mats after children woke up from their naps. This represents the first Class Ill violation with technical assistance provided. b. On February 14, 2017, during a complaint inspection, Cheryl Hester-Brown, Child Care Regulation Counselor observed several children sleeping on mats that were torn. This represents the second Class Ii! violation with technical assistance provided and a waming Issued. Cc. On October 2, 2017, during a routine inspection, Sylvia Collin Child Care Regulation Counselor observed five tor mats. This represents the third Class Ill violation within a two-year period which constitutes an administrative fine. Fine Imposed $25.00 6. The Respondent committed a third Class III violation of 65C-22.003(2) within a two (2) year period: Training Requirements Not Completed (2) Training Requirements. (a) Child care personne! must successfully complete the department's 40 hour Introductory Child Care Training, as evidenced by successful completion of competency based examinations offered by the department or its designated representative with a weighted score of 70 or better. Child care personnel who successfully completed the mandatory 40 hours Introductory Child Care Training prior to January 1, 2004 are not required to fulfill the competency examination requirement. 1. All child care personnel must begin training within 90 days of employment in the child care industry and successfully complete training within 12 months from the date training begins. Training completion may not exceed 15 months from the date of employment in the child care industry in any licensed Florida child care facility, in that; a. On October 26, 2016, during a routine inspection, Cheryl Hester-Brown, Child Care Regulation Counselor observed that staff did not complete their 40-hour training within the 12 to 15 months required timeframe. This represents the first Class Ill violation with technical assistance provided. b. On February 2, 2017, during a routine inspection, Cheryl Hester-Brown, Child Care Regulation Counselor observed that staff did not complete their 40-hour training within the 12 to 15 months required timeframe. This represents the second Class IH violation with technical assistance provided and a warning issued. Cc. On October 2, 2017, during a routine inspection, Sylvia Collins, Child Care Regulation Counselor observed that staff did not complete their 40-hour training within the 12 to 15 months required timeframe. This represents the third Class Ill violation within a two-year period which constitutes an administrative fine. Fine Imposed $25.00 7, The Respondent committed a third Class III violation of FS 402.3055(1)(b) within a two (2) year period; Record Keeping/ Supplement to the Application. The personnel record for staff did not include a signed statement regarding any work In a center that had been subject to negative licensing action or the subject of disciplinary action while employed, in that; a. On June 16, 2016, during a renewal inspection, Cheryl Hester-Brown Child Care Regulation Counselor observed that an employee did not have a signed Supplement to the Application form on file. This represents the first Class It! violation with technica! assistance provided. b. On October 26, 2018, during a routine inspection, Cheryl Hester-Brown Child Care Regulation Counselor observed that an employee did not have a signed Supplement to the Application form on file. This represents the second Class Il! violation with technical assistance provided and a warning issued. G. On May 31, 2017, during a renewal inspection, Cheryl Hester-Brown Child Care Regulation Counselor observed that an employee did not have a signed Supplement to the Application form on file. This represents the third Class Il! violation within a two- year period which constitutes an administrative fine. Fine imposed $25.00 Unpaid 8. The Respondent committed a First Class | violation of 65C-22.001(11) and 402.319 Criminal Penalties within a two (2) year period; Misrepresented Fraudulent Information 402.319 Criminal Penalties / Certain violations relating to the regulation of child care providers carry a criminal penaity in addition to any administrative actions imposed by the Department. Any of the following violations must be reported to the appropriate law enforcement agency, which is then responsible for making a determination regarding whether or not to bring charges against the provider. It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, F.S., for any person to knowingly: 402.319 Penalties.-(1) It is a misdemeanor of the first degree, punishable as provided in s.775.082 or s. 775.083, for any person knowingly to: (a) Fail, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose in any application for voluntary or paid employment or licensure regulated under ss. 402.301-402.318 all information required under those sections or a material fact used in making a determination as to such person’s qualifications to be child care personnel, as defined in s. 402.302, in a child care facility, family day care home, or other child care program.(b) Operate or attempt to operate a child care facility without having procured a license as required by this act.(c) Operate or attempt to operate a family day care home without a license or without registering with the department, whichever is applicable. (d) Operate or attempt to operate a child care facility or family day care home under a license that is suspended, revoked, or terminated. (e) Misrepresent, by act or omission, a child care facility or family day care home to be duly licensed pursuant to this act without being so licensed. (f) Make any other misrepresentation, by act or omission, regarding the licensure or operation of a child care facility or family day care home to a parent or guardian who has a child placed in the facility or is inquiring as to placing a child in the facility, or to a representative of the licensing authority, or to a representative of a law enforcement agency, including, but not limited to, any misrepresentation as to: 1. The number of children at the child care facility or the family day care home; 2. The part of the child care facility or family day care home designated for child care; 3. The qualifications or credentials of child care personnel; 4. Whether a family day care home or child care facility complies with the screening requirements of s. 402.305; or 5. Whether child care personne! have the training as required by s. 402.3085., in that; a. On October 2, 2017, during a routine inspection, Child Care Regulation Counselor Sylvia Collins found the facility non-compliant. Counselor was provided fraudulent documents. Counselor observed that two employees’ First Aid and CPR cards were altered. This represents the first Class 1 violation which constitutes an administrative fine. Fine Imposed $500.00 9. The above referenced violations constitute grounds to levy this Civil Penalty pursuant to section 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 of a Child Care Facility. 10. Payment of this fine can be made to the Department of Children and Families. The mailing address is Child Care Regulation, 1100 SW 38th Avenue, Ocala, FL 34474. TOTAL DUE: $710.00 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” STATE OF FLORIDA DEY ARTME OF CHILDREN AND FAMILIES Ocala, FL 34474 CERTIF OF SERVI 1 HEREBY CERTIFY that a true and correct copy of the forgoing has been fumished by Cortifi il, Return Receips Req , Certificate # Dood 9% this day of , 2017, to: Creative Kids Learning Center c/o Porche Slydell 904 Starbird Street Eustis, FL 32726 STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Child Care Regulation Sdpervisor 1100 SW 38% Ave Ocala, FL 34474 Telephone: (352) 330-5631 (Attachment) NOTIFICATION OF RIGHTS UNDER CHAPTER 120, F IDA STATUTES IF YOU BELIEVE THE DEPARTMENTS 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: Joyce L. Miller, Esq. Assistant Regional Counsel Department of Children and Families 901 Industrial Drive, Suite 110 Wildwood, FL 34785 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 JN 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), Fiorida 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. 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 attomey 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 alt parties. The right to an administrative proceeding is not affected when mediation or informal dispute resolution does not result in a settlement. 26 IL” RECEIPT 7016 O&00 ono 9407 eq24 ‘Gop aabticedt — Etiote FL 2226 UOMO T MUA LE 9590 9402 1292 5285 1853 09 9 Artirla Numer (Tmrurize from service tabel) ?7OUb GeOO O00 3407 2024 emerted Celvery bor iid Domeatic Return Racelpt ; PS Form 3874, July 2016 PSN 7590-02-000-9088 : ab ell ~

Docket for Case No: 18-000469