Elawyers Elawyers
Ohio| Change

DEPARTMENT OF CHILDREN AND FAMILIES vs ARLINGTON KINDERGARTEN OF JACKSONVILLE, INC., D/B/A ARLINGTON KINDERGARTEN OF JACKSONVILLE, INC., 19-005253 (2019)

Court: Division of Administrative Hearings, Florida Number: 19-005253 Visitors: 3
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: ARLINGTON KINDERGARTEN OF JACKSONVILLE, INC., D/B/A ARLINGTON KINDERGARTEN OF JACKSONVILLE, INC.
Judges: LAWRENCE P. STEVENSON
Agency: Department of Children and Family Services
Locations: Jacksonville, Florida
Filed: Oct. 02, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, October 28, 2019.

Latest Update: Jul. 06, 2024
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Arlington Kindergarten of Jacksonville Inc Certified Mail: 7016 2140 0000 8293 4485 d/b/a Arlington Kindergarten Of Jacksonville, Inc Return Receipt Requested 1210 Marcheck St ; Jacksonville, FL 32211 Case# 2019-CO04DU0076-1 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of Fifty Doliars ($50.00). 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 Arlington Kindergarten of Jacksonville Inc d/b/a Arlington Kindergarten Of Jacksonville, Inc for violations of child care licensing standards in sections 402.301 - 402.319, Florida Statutes, and chapter 65C- 22, Florida Administrative Code. 2. Arlington Kindergarten of Jacksonville Inc is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Arlington Kindergarten Of Jacksonville, Inc License #C04DU0076 located at 1210 Marcheck St, Jacksonville, FL 32211. The facility’s license is currently a REGULAR License. 3. During a Complaint Investigation on July 26, 2019 DCF Licensing Counselor, Heather Campanale, determined that: Supervision of children in the two (2) year old class was in adequate in that a staff member M.R. walked out of classreom. Both the owner A.K. and assistant director $.V. stated that M.R. walked out of the class and left the class alone for a few minutes until another teacher jumped in. 4. The foregoing facts violate CCF Handbook, Section 2.4 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 1 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 If violation of child care licensing standards. It is the facility's second (2"¢) Class il violation of Child Care Facility Standards Classifications Summary #04-01 Supervision within a two-year period. The same violation was previously cited on November 27, 2017, The fine imposed for this violation is Fifty Dollars ($50.00). 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. 0, 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. {f 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 28-106.204 (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 ail of the following items: (a) The Department's file or identification number, if known; (b) Your name, address, emai! address (if any) and telephone number and the name, address, email address (if any) and 3 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 itis 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 capy of the foregoing has been furnished by certified mail return receipt no. 7016 2140 0000 8293 4485 to Arlington Kindergarten of Jacksonville inc dib/a Arlington Kindergarten Of Jacksonville, Inc, 1210 Marcheck St, Jacksonville, FL 32211 this _| Sth day of August 2019. ( 4 } Mala Ramoutar, CPM Safety Program Manager SENDER: COMPLETE THIS SECTION ® Complete items 1, 2, and 3. ® Print your name and address on the reverse so that we can return the card to you. @ Attach this card to the back of the mailpiece, or on the front if space permits. COMPLETE THIS SECTION ON DELIVERY 1, Artiow Adkiressed to: Arlington Kindergarten Of Jacksonville, inc. 1210 Marcheck St Jacksonville, FL 32211 2. Article Number Flanster from service label 72036 2140 0000 8293 4485 PS Form 3811, July 2015 PSN 7530-02-000-9053, i Certified Mad Restricted Delivery 0 Return Reciint tor C3 Cofect. on Dativery Matenendige - G Collect on Defivery Restricted Oslivery Ol Signature Confirmation’ 77 inert Ns 1) Signatyre Confirmation ‘si Restricted Detivery Pasinicted Delivery Domestic Return Receip

Docket for Case No: 19-005253
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer