Department of Children and Families Governor Chad Poppel Secretary ¥ @_ State of Florida —— *EN RD FP MYFLFAMILIES.COM Willlam S. D’Aluto Regional Managing Director STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Certified Mail: 7015 0640 0003 1696 8134 To: Smart Start Enterprises, Inc. DBA High Pointe Pre-Kindergarten PO Box 4001 Eaton Park, FL 33840 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department is proposing to impose a total administrative fine totaling $400.00. 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, to sanction Smart Start Enterprises, Inc. DBA High Pointe Pre-Kindergarten for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. a Smart Start Enterprises is licensed under chapter 402, F.S., and chapter 65C-22, F.A.C., to operate a child care facility known as Smart Start Enterprises, Inc. DBA High Pointe Pre-Kindergarten located at 100 W Lake Ruby Dr. Winter Haven, FL 33884. The facility licensed is currently an annual license. 3. On August 2, 2018, the Department received an investigation alleging that a teacher shoved a child’s head to the ground. Also, a month prior the same child shoved a table at the same teacher and she shoved the table back at him, causing his right leg to get stuck between the table and chair. During the investigation, the Department learned that on July 3, 2018, a teacher, Kay Maslovia, shoved a table at L.P. (6 yrs. of age), which pinned him between the table and a chair, causing an injury to his right leg. Several students verified that they observed L.P. shove the table at the teacher and that she shoved it back at him. The students told the Child Protective Investigator and Counselor that L.P. cried after the incident. 4. The foregoing facts violate Child Care Facility Handbook section 8.2. A and C, which requires that all child care personnel must appropriately Interact with children to foster a healthy, safe environment that will encourage the child's physical, intellectual, motor, and social development. Interactions with children that are aggressive, demeaning or intimidating in nature are strictly prohibited. Also, 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 Central Region * 200 N Kentucky Avenue Lakeland® Florida 33801 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 section 402.301-.319, F.S., and will support imposition of a sanction, as provided in Section 402.310, F.S. 5. The violation described above is a Class | violation of a child care licensing standard, in that the use of inappropriate discipline posed an imminent threat to the child, or could or did result in death or serious harm to the health, safety or well-being of a child. The fine imposed for this violation is $200.00. 6. On August 2, 2018, the Department learned that an Incident report had been completed and signed by Kay Maslovia and the director, Joyce Conyard. The incident report documented that L.P. pushed a table at Kay and he hurt himself with the table. Later when the child was picked up he reported to his mother that Kay had pushed a table at him. The mother contacted Joyce regarding the concerns of Kay pushing a table at her child and causing a mark to his leg; however, she did not report the concems to the Florida Abuse Registry. When Joyce was questioned by the Child Protective Investigator and Counselor she admitted that she didn’t believe the child or the mother, which is why she didn’t report the incident. re The foregoing facts violate Child Care Facility Handbook section 8.2. B, which states that failure to perform the dutles of a mandatory reporter pursuant to Section 39.201, F.S., constitutes a violation of the standards in Section 402.301-319 F.S. 8. The violation described above is a Class | violation of a child care licensing standard, in that your failure to report child abuse posed an imminent threat to the child, or could or did result in death or serious harm to the health, safety or well-being of a child. The fine imposed for this violation is $200.00. 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, 200 N. Kentucky Avenue, Suite 404, Lakeland, Florida 33801. If you wish to contest the findings of this administrative complaint or the sanctions imposed, you may do so as provided in the notification of rights below. 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” CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail to: Smart Start Enterprises, Inc. DBA High Pointe Pre- Kindergarten PO BOX 4001 Eaton Park FL 33840 this day of , 2019. ~ Diarie Kendall” Child Care Regulation Counselor Centra! Region # 200 N Kentucky Avenue Lakeland® Florida 33801 Mission: Work in Partnership with Local Communities to Protect the Vuinerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery and Resiliency 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 120.568 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: Cheryl D. Westmoreland, Esquire Assistant Regional Counsel, Circuit 10 1055 Highway 17, North Bartow, Florida 33830 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. 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. Central Region © 200 N Kentucky Avenue Lakeland® Florida 33801 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 (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. Central Region @ 200 N Kentucky Avenue Lakeland® Florida 33801 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 U.S. Postal Service" CERTIFIED MAIL® RECEIPT rm | Fa 2 mi; Bt: B i see ea 33 a ar J sic Fage as Bba, '* ft forrt. bre. we. eto Pe rie ede Ade 0 ate Tracking Number: 70150640000316968134 Your item was delivered at 12:25 pm on April 16, 2019 in EATON PARK, FL 33840. Status: Delivered April 16, 2019 at 12.25 pm Delivered EATON PARK, FL 33840 | have attached our mail form for the date it was mailed.

Docket for Case No: 19-002414