STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Diocese of St. Augustine, Inc. Certified Mail: 7016 2140 0000 8293 2733 d/b/a Christ the King Child Care Return Receipt Requested 720 Arlington Rd N Jacksonville, FL 32211 Case# 2019-C04DU0780-1 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of One Thousand Dollars ($1,000.00) and REVOCATION OF GOLD SEAL. The Department's authority and grounds to impose this sanction are explained below: A: The Department of Children and Families is authorized by section 402.310, Florida Statutes, to sanction Diocese of St. Augustine, Inc. d/b/a Christ the King Child Care for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. Diocese of St. Augustine, Inc. is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Christ the King Child Care License #C04DU0780 located at 720 Arlington Rd N, Jacksonville, FL 32211. The facility's license is currently a REGULAR License. Violation #1 3s During a Complaint Investigation on January 10, 2019 DCF Licensing Counselor, Hannah McGlothlin, determined that: One or more children were not adequately supervised in that a child C.J. was able to sustain a scratch from another child S.S. on November 30, 2018 which posed an imminent threat to a child and could or did result in death or serious harm to the health, safety or well-being of a child. From the complaint investigation it was determined that the children in the three (3) year old classroom were inadequately supervised by a teacher L.S. in that four (4) year old C.J. was able to sustain a scratch from five (5) year old S.S. on November 30, 2018. Per the mother T.J. of C.J. said C.J. explained that S.S. had 1 scratched her so she in return bit him. No accident/incident report was generated because the program was not aware that the incident occurred. From the interview with the child C.J. it was confirmed that the C.J. sustained a scratch from S.S. on November 30, 2018. During the interview C.J. stated that S.S. scratched her “hard” causing her to bleed when asked how she knew she was bleeding. C.J. stated that she touched her back and there was blood on her hands. C.J. stated she cried following the incident and then laid down. C.J. stated that no one checked on her to see what was wrong or why she was crying. Per C.J. the incident occurred after the children in the classroom were taking the beanbag chair from S.S. The child S.S. is older than C.J. and has had previous incidents of the same or similar conduct with other children. 4. The foregoing facts violate CCF Handbook, Section 2.4.1 (B) which states: 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. 5: The violation described above is a Class | violation of child care licensing standards. It is the facility's first (1%) Class I violation of Child Care Facility Standards Classifications Summary #04-02 Supervision within a two-year period. The fine imposed for this violation is Five Hundred Dollars ($500.00). Violation #2 6. During a Complaint Investigation on January 10, 2019 DCF Licensing Counselor, Hannah McGlothlin, determined that: The owner, 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 or Chapter 827, Florida Statutes. From the complaint investigation it was determined that on January 4, 2019 the child S.S. was neglected in that the child S.S. left the classroom where a teacher L.S. was supervising the children and was able to get out of the licensed space. L.S. called the front office and informed 2 them that S.S. had gotten out of the classroom and from there director R.B. retrieved the child and returned him to his classroom. L.S. stated that she witnessed S.S. leave the classroom, get onto the playground, open the gate and run up the grassy hill leading to Christ the King Church/Elementary. S.S. has escaped several times previously to this incident. Staff were aware of his previous escapes and should have been watching or supervising him more closely. % The foregoing facts violate CCF Handbook, Section 8.2 A and Florida Statute 827.03 (1)(e)(1-2) which states: Acts or omissions that meet the definition of child abuse or neglect provided in Chapter 39, F.S. or Chapter 827, F.S., constitute a violation of the standards is section 402.301-.319, F.S., and will support imposition of a sanction, as provided in Section 402.310, F.S. “Neglect of a child” means: 1. A caregiver's failure or omission to provide a child with the care, supervision, and services necessary to maintain the child’s physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the child; or 2. A caregiver's failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person. 8. The violation described above is a Class I violation of child care licensing standards. It is the facility's first (1**) Class I violation of Child Care Facility Standards Classifications Summary #47-02 Access/Child Safety within a two-year period. This is also the second (2") Class | of any standard within a two-year period. The fine imposed for this violation is Five Hundred Dollars ($500.00). 9. You are further advised the violations described above requires the Department to Revoke your Gold Seal Quality Care designation as provided in section 402.281, Florida Statutes, which states: The child care provider must not have had any class | violations, as defined by rule, within the 2 years preceding its application for designation as a Gold Seal Quality Care provider. Commission of a class | violation shall be grounds for termination of the designation as a Gold Seal Quality Care provider until the provider has no Class | violations for a period of 2 years. If you do not wish to contest the findings of this administrative complaint, please submit a cashier's check or money order made payable to the Florida Department of Children and Families, Child Care Regulation Office, P.O. Box 2417, Jacksonville, FL 32231. 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” 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: David Tucker Chief Legal Counsel Department of Children & Families P. O. Box 2417 Jacksonville, FL. 32231-0083 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 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 of 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 5 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; (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. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail return receipt no. 7016 2140 0000 8293 2733 to Diocese Ve Augustine, Inc. d/b/a Christ the King Child Care, 720 Arlington Rd N, Jacksonville, FL 32211 this day of March 2019. 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Docket for Case No: 19-001924