Elawyers Elawyers
Washington| Change

DEPARTMENT OF CHILDREN AND FAMILIES vs WAYMAN COMMUNITY DEVELOPMENT CORPORATION, D/B/A HIGHLANDS ELEMENTARY AFTER SCHOOL LEARNING PROGRAM, 19-006672 (2019)

Court: Division of Administrative Hearings, Florida Number: 19-006672 Visitors: 23
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: WAYMAN COMMUNITY DEVELOPMENT CORPORATION, D/B/A HIGHLANDS ELEMENTARY AFTER SCHOOL LEARNING PROGRAM
Judges: E. GARY EARLY
Agency: Department of Children and Family Services
Locations: Jacksonville, Florida
Filed: Dec. 19, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, April 20, 2020.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA b DEPARTMENT OF CHILDREN AND FAMILIES Doth JA y) To: WAYMAN COMMUNITY DEVELOPMENT CORPORATION BY HAND DELIVERY | \ d/b/a Highlands Elementary After School Learning Program 1176 Labelle St Jacksonville, FL 32205 Case# 2019-C04DU1277-8 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of One Thousand One Hundred Sixty Dollars ($1,180.00) and PROBATION. 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 WAYMAN COMMUNITY DEVELOPMENT CORPORATION d/b/a Highlands Elementary After School Learning Program for violations of child care licensing standards in sections 402.301 - 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2. WAYMAN COMMUNITY DEVELOPMENT CORPORATION is licensed under chapter 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Highlands Elementary After Schoo! Learning Program License #C04DU1277 located at 1000 Depaul Dr, Jacksonville, FL 32218. The facility's license is currently a PROBATIONARY License. a During a Re-Inspection on November 4, 2019 DCF Licensing Counselor, Brittany Thomas, determined that: The facility did not have documentation to show child care personnel had begun the introductory training within 90 days of employment in the child care industry. A.W. child care industry start date August 2018, employment date on form 5131 was October 23, 2019 routine inspection was September 24, 2019. A.W. has not started training as of re-Inspection dated November 4, 2019. A.W. is now other personnel as of this re-inspection. 4. The foregoing facts violate CCF Handbook, Section 4.1 and 4.5 A-B which states: Child care personne! including volunteers who work 10 hours or more per month must begin training within 90 days of employment in the child care industry and successfully complete the department's 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. This may be accomplished by classroom attendance in a department-approved training course, acquiring an educational exemption from a department- approved training course, beginning a department-approved online chiki care training course, or by receiving results from a department-approved competency examination. The child care program is responsible for obtaining training documentation from child care personnel. The department's training transcript is the only acceptable verification of successful completion of the department's training. A. A copy of the department's Training Transcript may be obtained from the department's website at www.myfifamilies.com/childcare. B. A copy of the training transcript must be included in each staff member's personnel record maintained at the child care facility. Any course completion certificate not documented on the training transcript will be considered invalid, requiring that the course(s) be retaken. Until the coursework is retaken and completed, child care facilities will be out of compliance for the mandatory training standard. 5. The violation described above is a Class {tI violation of child care licensing standards. It is the facility's fifth (5") Class Ill violation of Child Care Facility Standards Classifications Summary #33-03 Training Requirements within a two-year period The same violation was previously cited on March 21, 2018, May 1, 2018 and they were cited again on January 17, 2019 at which time they were fined $25.00 and they were cited again on April 25, 2019 at which time they were fined $3,000.00 at $30.00 per day for 100 days from November 14, 2018 until May 7, 2019. (excluding holiday, weekends and closed days). The fine imposed for this violation is One Thousand One Hundred Sixty Dollars ($1,160.00) at $40.00 per day for 29 days from September 24, 2019 until November 4, 2019 and PROBATION. (excluding holiday, weekends and closed days). Ri 7 Y STAT The Respondent's License will be placed on Probationary Status for a period not to exceed six (6) months. he terms. P; fe a. The facility shall incur no Class | violations during the probationary period. b. The facility shall incur no training violations during the probationary period. If you do not wish to contest the findings of this administrative complaint, please tL shier’s 2 meney 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” t FE RIGHTS UN! 2 TATUTES 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. lf 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 ail 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 4 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 informa! dispute resolution does not result in a settlement. ER OF SERVICE WAYMAN COMMUNITY DEVELOPMENT CORPORATION dib/a Hi; npnds Elementary After School Learning Program, 1176 Labelle St, Jacksonville, FL 32205 this day of November 2019, Maia Ramoutar, es Safety Program Manager Wayman Corrie snity Develooment r x Cotporeation ‘i W. 1376 enbella Street [ ue Jocksenvile #1, 32205 a 904-683-1502 Websie, woyrnanag: David Tucker Chief Legal Counsel Dept. of Children & Familles P.O. Box 2417 Jacksonville, FL 32231-0083 B20 Aviingivs eepny

Docket for Case No: 19-006672
Issue Date Proceedings
Apr. 20, 2020 Order Severing Cases, Relinquishing Jurisdiction Over Case Nos. 19-6672 and 19-6673, and Continuing Case No. 20-0784 in Abeyance. CASE CLOSED.
Apr. 17, 2020 Joint Motion to Relinquish Jurisdiction and Hold in Abeyance filed.
Mar. 30, 2020 Order Continuing Case in Abeyance and Requiring Status Report (parties to advise status by April 27, 2020).
Mar. 27, 2020 Parties' Status Report filed.
Feb. 28, 2020 Order Holding Case in Abeyance and Requiring Status Report (parties to advise status by ).
Feb. 27, 2020 Parties' Status Report (filed in Case No. 19-006673).
Feb. 21, 2020 Order of Consolidation (DOAH Case Nos. 19-6672, 19-6673, and 20-0784)
Jan. 27, 2020 Order Canceling Hearing and Requiring Status Report (parties to advise status by February 27, 2020).
Jan. 27, 2020 Joint Motion to Reschedule Final Hearing filed.
Dec. 30, 2019 Order of Pre-hearing Instructions.
Dec. 30, 2019 Notice of Hearing by Video Teleconference (hearing set for February 4, 2020; 9:30 a.m.; Jacksonville and Tallahassee, FL).
Dec. 30, 2019 Order of Consolidation (DOAH Case Nos. 19-6672 and 19-6673)
Dec. 20, 2019 Joint Response to Initial Order filed.
Dec. 20, 2019 Notice of Appearance (Terrence Harvey) filed.
Dec. 19, 2019 Initial Order.
Dec. 19, 2019 Administrative Complaint filed.
Dec. 19, 2019 Request for Administrative Hearing filed.
Dec. 19, 2019 Notice (of Agency referral) filed.
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