SEP/28/2018/FRI 09:32 To: es) Qo SS Bal Mackey Law Group FAY STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Pathways to Learning, LLC MANATEE COUNTY 1300 Manatee Avenue E Certified Mail Return Receipt Bradenton, FL 34208 7015 0640 0002 7028 4721 CASE # 2018-C12MA0286-01 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED that the Department hereby imposes a fine of five hundred dollars ($500.00). 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 (F.S.), to sanction Pathways to Learning, LLC, for violation of child care licensing standards in section 402.301 — 402.319, F.S., and chapter 65C-22, Florida Administrative Code (F.A.C.). Pathways to Learning, LLC is licensed under chapter 402, F.S., and chapter 65C-22, F.A.C., to operate a child care facility located at 1300 Manatee Avenue E, Bradenton, FL 34208 The facility license is currently on annual status, certificate #C12MA0286. On June 5, 2018, Child Care Regulation Counselor (CCRC) conducted a complaint inspection and found the facility to be out of compliance with Section 2.4 of the Child Care Facility Handbook, incorporated by reference in Rule 65C-22.001(6) regarding supervision. On the morning of May 24, 2018, A.B.’s father called Ms. Crockett to care for A.B., a five-year-old child, because A.B. was suspended from schoo! that day. Ms. Crockett claimed that she agreed to watch A.B. as a personal favor to the father, however the father admitted to the collateral agency investigator that he paid Ms. Crockett in advance to watch his children and had about three days’ worth of “credit” for child care. A.B. was not currently enrolled in Ms. Crockett’s facility, but attended the year before. A.B.’s father dropped off A.B. at the facility and relinquished supervision to Ms. Crockett at the facility during operating hours. Ms. Crockett brought A.B. with her as she conducted errands, going to a local Sam’s Club with the child. The store's surveillance shows Ms. Crockett entering the store alone, and then A.B. entering the store alone about 20 minutes after Ms. Crockett. Ms. Gladys Fontanez, a Sam's Club employee, was working as a greeter at the front door when A.B. approached her. A.B. was seen crying and sweating and disclosed to Ms. Fontanez that he was sleeping and woke up alone in the vehicle. A.B. was able to get out the vehicle and walked across the parking lot alone. While talking to Ms. Fontanez, A.B. saw his grandmother, who worked at the Sam’s Club and ran to her. A.B. and his grandmother reunited with Ms. Crockett at the store’s exit about 10 minutes later. SEP/28/2018/FRI 09:33 AM Mackey Law Group FAY No. 941 748 6584 P. 006 4, A.B. was locked in a vehicle, exited the vehicle, and crossed a large parking lot alone, which posed an imminent threat to a child, and could have resulted in serious harm or death to the health, safety, or well-being of the child. Furthermore, this inspection was conducted in conjunction with a collateral agency and law enforcement investigations. Collateral agency also concluded their investigation with a “verified” finding of inadequate supervision of A.B. This violation of licensing standards is a Class | violation for inadequate supervision. Further administrative action is required. 5. The foregoing facts violate Section 2.4 of the Child Care Facility Handbook, incorporated by reference in Rule 65C-22.001(6), F.A.C. (effective October 25, 2017) states in part: ; 2.4.1 General Supervision Requirements B. Child care personnel must be assigned to provide direct supervision to a specific group of children and be with that group of children at all times. Children must never be left inside or outside the facility, in a vehicle, or at a field trip location by themselves. C. Supervision standards apply at all times away from the child care facility, including during field trips, outdoor play, and when picking up or dropping off children at designated locations, such as bus stops, school, or a child’s home. For school-age children, personnel must know where the children are and what they are doing at all times and capable of responding to emergencies including when children are separated from their group. E. A program is responsible for the supervision of a child until an authorized individual retrieves the child from the program. A child shall not be released to any person other than the person(s) authorized or in the manner authorized in writing by the custodial parent or legal guardians. All individuals authorized to pick up a child must be identified in writing prior to release by the custodial parent or legal guardian to the program, and the program must verify the individual picking up the child is authorized by using a picture form of identification. Each child transported must be dropped at the designated location as agreed upon by the provider and the custodial parent/legal guardian and released to an authorized individual. H. Children must receive supervision and care in accordance with their age and required needs and be accounted for at all times while bathing or toileting. SEP/26/2018/FRI 09:33 AM Mackey Law Group FAX No. 941 748 6584 P. 00 6. In accordance with Rule 65C-22.010(2)(d)1, F.A.C. (2017), the Department hereby imposes a fine of five hundred dollars ($500) for the Class I violation described above. 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 (Attention: Mary Beth Wehnes), 9393 N. Florida Ave., Suite 500, Tampa, FL 33612. RIGHT TO ADMINISTRATIVE PROCEEDING IF YOU BELIEVE THE PROPOSED ACTION DESCRIBED IN THIS ADMINISTRATIVE COMPLAINT IS INERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING IN ACCORDANCE WITH THE ENCLOSED “NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES” Certificate of Service | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail, return receipt to Pathways to Learning and Michell D. Crockett, suey agent, at 1300 Manatee Avenue E, Bradenton, FL 34208, this fo" day of , 2018. \ Mou Poe wert Mary Beth Wehnes, CPM Regional Safety Program Manager CC: Lisa Ajo, DCF Legal Counsel Aniko Roche, Family Services Counselor Maritza Gonzalez, Family Services Counselor Supervisor Enclosure : NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES SEP/28/2018/FRI 09:33 AM Mackey Law Group FAX No, 941 748 6584 P. 008 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 NOTICE OF THE DEPARTMENT’S DECISION. You must submit your request for an administrative hearing to the Department at the following addresses: Agency Clerk Department of Children and Families 1317 Winewood Blvd, Bldg. 2, Rm. 204 Tallahassee, FL 32399-0700 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. If you disagree with the facts stated in the Department's decision, 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. If you do not disagree with the facts stated in the notice, 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. Whether you are requesting a formal hearing or an informal hearing, your request for an administrative hearing must meet the requirements of Rule 28-106.201(2) or Rule 28- 106.301(2), Florida Administrative Code. In either event, your request for an administrative hearing must: 1. Include a copy of the decision received from the Department; 2. Be prepared legibly on 8% by 11-inch white paper, and 3. Include all the following items: (a) The Department's file or identification number, if known; (b) Your name, address, email address (if any) and telephone number and the name, address, email address (if any) and telephone number of your representative, if any; (c) An explanation of how your rights or interests will be affected by the action described in the notice of the Department's decision; SEP/28/2018/FRI 09:33 AM Mackey Law Group FAX No. 941 748 6584 P. 009 (d) A statement of when and how you received notice of the Department’s decision; (e) A statement of all facts in the notice of the Department's decision with which you disagree. If you do not disagree with any of the facts stated in the notice, you must say so; (f) A statement of the facts you believe justify a change in the Department's decision; (g) A statement of the specific rules or statutes you believe require reversal or modification of the Department's proposed action; (h) A statement explaining how the facts you have alleged above relate to the specific rules or statutes you have identified above; and (i) A statement of the relief you want, including precisely the action you want the Department to take. Section 120.569(2)(c), Florida Statutes, requires 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: 18-005272