STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Roma Court Academy, LLC Certified Mail: 7019 0160 0000 8638 4511 d/b/a Roma Court Academy Receipt Requested 515 Palm Coast Pkwy SW Palm Coast, FL 32137 Case# 2019-CO7FLO0065-1 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department has imposed a Civil Penalty in the amount of Five- Hundred Dollars ($500.00). The Department's authority and grounds to impose this sanction are explained below: iL The Department of Children and Families is authorized by section 402.310, Florida Statutes, to sanction Roma Court Academy, LLC d/b/a Roma Court Academy for violations of child care licensing standards in sections 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Cade. 2. Roma Court Academy, LLC is licensed under chapter 402, Florida Statutes, and chapter 65C- 22, Florida Administrative Code, to operate a child care facility known as Roma Court Academy. License # CO7FLO065 located at 515 Palm Coast Pkwy SW, Palm Coast, FL 32137. The facility's license is currently a Regular License. Violation# 1: 3. During a Complaint Investigation on July 17, 2019 Licensing Counselor Rebecca Chandler, determined that: A method of discipline was used at the facility that was severe, humiliating or frightening to children in that one child was grabbed by his arm in manner where he was lifted off the ground and thrown to the floor. The child landed on his stomach. Counselor observed on video that the teacher, X.Q. grab a child, A.H. in her class by the arm and throw him to the floor. Child, A.H. landed on his stomach. The teacher, X.Q. was placed on paid leave as of July 17, 2019 pending investigation. The director, Y.P. stated staff member is no longer employed with facility as of July 17, 2019. 4. The foregoing facts violate CCF Handbook, Section 2.8 (A) which states: The child care facility shall adopt a discipline policy consistent with Section 402.305(12), F.S., including standards that prohibit children frorn being subjected to discipline which is severe, humiliating, frightening, or associated with food, rest, or toileting. Spanking or any other form of physical punishment is prohibited. 5. The violation described above is a Class ! violation of child care licensing standards. It is the facility's first (1*) Class } violation of Child Care Facility Standards Classifications Summary # 11-04 Child Discipline within a two-year period. The fine imposed for this violation is Five-Hundred Dollars ($500.00). Violation#2: 6. During a Compiaint investigation on July 17, 2019 Licensing Counselor Rebecca Chandier, determined that: The owner, operator, empioyee or substitute, while caring for children, committed an act or omission that meets the definition of child abuse or neglect. Counselor observed on video that the teacher, X.Q. grab a child, A.H. in her class by the arm and throw him to the floor. Child, A.H. landed on his stomach. The teacher, X.Q. was placed on paid leave as of July 17, 2019 pending investigation. The director, Y.P. stated staff member is no longer employed with facility as of July 17, 2019. 7. The foregoing facts violate CCF Handbook, Section 8.2 (A} 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. 8. The violation described above is a Class | violation of child care licensing standards. It is the facility's first {1") Class ! violation of Child Care Facility Standards Classifications Summary # 47-02 Access/Child Safety within a two-year period. This is also the second (2nd) Class | of any standard within a two-year period. There is no fine imposed for this violation as it is being addressed under paragraph #5 above 2 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: Jane Almy-Loewinger Assistant Regional Counsel Department of Children & Families 210 N. Palmetto Ave Suite 447 Daytona Beach, FL. 32114 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 informai 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 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 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 7019 0160 0000 8638 4511 to Roma Court Academy, LLC d/b/a Roma Court Academy, 515 Paim Coast Pkwy SW, Palm Coast, Fl. 32137 this _ { S& day of November 2019, 4 Mala Ramoutar, CPM NER Safety Program Manager EXHIBIT “A” INSPECTION INFORMATION WITH COMPLAINT FORM BIrIn to SA Child Care Facility Name: Roma Court Academy | 1D Number: CO7FL0065 Mee Address: 515 Palm Coast Pkwy SW, Palm Coast FL 32137-4739 Phone Number: (386) 445-0834 Capacity: 446 | es Owner/Director/Staff Responsible: Yaritza Perez Inspection Information Type: Complaint Date: 07/17/2019 Arrival/Departure Time: 98:55 AM to 12:30 PM Staff Present: 10 Children Present: 60 Onsite Visit: Yes [School Readiness Inspection} INSPECTION CHECKLIST GENERAL REQUIREMENTS 01. License Dispiayed/Citation Posted/Advertising s.402.3125(1)({a}, F.S. Nat Monitored 02. Minimum Age Requirements CCF Handbook, Section 2.2 (Form OEL-SR-6202, Section 2 Not Monitored Minimum Age Requirements, Page 13) 03. Ratio Sufficient CCF Handbook, Section 2.3 (Form OEL~SR-6202, Section 3 Compliance Ratios, Page 13) Compliance Comments There were sixty children and nine staff members present at time of nvestgation In the infant room thete were 52 tleacher Ms E and Ms. Vj in the anes room there were 4 1 Neacher Ms. G} Ir the one’s room there were 11 “eacher Ms. A; In the two's room there were & 1 Heacher Ms. P} in the two's room there were & 1 (leacher Ms. K) {in the three's room there were 12.1 {teacher Ms. X+ in the tour's room there were 11.1. GeacherMs C; in the fours roam there were 10 1. teacher Ms 1) 04, Supervision CCF Handbook, Section 2.4 (Form OEL-SR-6202, Section 5 Noncompfiance Supervision, Pages 16-17) There was one child tefl inside the bathroom unsupervised for approximately eighteen to Iwenty-two qurmuies. Cruid was found by another staff member who heard him crying inside the bathroom. She then took child tc the front desk lobby The chiid was finally returned io his leacher where they were doing water day outside 24 1 General Supervision Requirements K Children must receive supervision and care in accordance with thew age and required needs and be accounted for ai all imes while bathing of toileting Due Date Completed at time of inspection Vigtation Level 05. Transportation CCF Handbook, Section 2.5 (Form OEL-SR-6202, Section 6 Not Monitored Transportation, Pages 17-19) Danna ntan mame: Koma Court Academy License #: CO7FLOOES = Ww Address. 515 Paim Coast Pkwy SW, Palm Coast FL 32137-4739 Type: Complaint Date: 07/17/2019 06. Driver's License, Physician Certification & First Aid/CPR Training CCF Not Monitored Handbook, Section 2.5 and CCF Handbook, Section 7.4 (Form GEL-SR-6202, Section 6 Transportation, Page 17-19) 07. Vehicle Insurance and Inspection CCF Handbook, Section 2.5.4 (Form OEL-SR-6202, Not Monitored Section 6 Transportation, Page 17-19} 08. Seat Belts/Child Restraints CCF Handbook, Section 2.5.4 and CCF Handbook, Not Monitored Section 2.5.5 (Form OEL-SR-6202, Section § Transportation, Pages 17-19) 09. Planned Activities CCF Handbook, Section 2.6 (Form OEL-SR-6202, Section 7 Not Monitored Planned Activities, Pages 19-20) 10. Field Trip Permission CCF Handbook, Section 2.7 (Form OEL-SR-6202, Section & Not Monitored Field Trip Activity, Pages 20-24) 41. Child Discipline CCF Handbook, Section 2.8 (Form CEL-SR-6202, Section 9 Child Noncoempliance Discipline, Pages 21-22} , | 14-04 Counselor observec or videg Ms X grab s child in her class by the arm and throw him te the floor, Child lanued on his stomach The teacher was placed on paid leave as of 7/17/201S pending investigation The director stated stall member is nc longer employed with facility as of 7/77/2018. 2.8 Chdd Ossciptine A. The chiid care fac hall adopt a discipline poticy consistent with Secton 402 305112). F S. mcluding stancards that prohibr chikdren trom being subiectaa iscipline wtuch is severe humiliating, fnghtering. or associated with tood. rest. or tolleting. Spanking or any other form of physica! punishment ts prohibited hosted 2 staff meeting 8/21/2078 al this facility Counselor dic discuss tram CCF Handbook, Sechon z 41 Generai tequirements. 2.4 2 Nap ume Supervision 2 4.4 Meal time Supervision, 7.6 Chiic Discipline and 6 4 Accidentincident >cunseior gave each staff member 2 copy of the standards from the handbook Director dic review the revised Employee Handbook ior employees Each employee aid sign the handbook to acknowledge they did receipt. Counselor o Supervisi Counselor will nave ali staff members take Shr online course Trauma informed Chitd Care (TICC). Que Date 19:26/2018 Violation Level PHYSICAL ENVIRONMENT 12. Facility Environment CCF Handbook, Section 3.1 (Form OCEL-SR-$202, Section 10 Noncompliance Physical Environment, Pages 22-23) Dana TAD We Kure LUUUS alm Coast FL 32137-4735 a eens wa Address: 525 Palm Coast Pkwy SW, Type: Complaint Date: 07/17/2019 Counselor observed ceiling les missing and buckets underneath with wet towels collecting water in the mfant room along with one VPK classroom. The leaks have been repaired and new ceiling tiles have been replaced on 7/20/2018 3 1 General Health and Safety Requirements A. All child care facilities must be clean in good repair. free from health and safety hazards and from evidence of or presence of vermin infestation Indoor and outdoor play areas musi be inspected daily for basic health and safety. Any problems must be corrected before the play area is used by children Due Date Completed at time of inspection Violation Levet 13. Toxic Substances, Hazardous Materials and Weapons CCF Handbook, Section 3.2 (Form O€L-SR-6202, Section 10 Physical Environment, Pages 22-23) 14. Lighting, Temperature, and Ventilation CCF Handbook, Section 3.3 (Farm OEL-SR-6262, Section 16 Physical Environment, Pages 23-24) 15. Licensed Capacity CCF Handbook , Section 3.4 (Form OEL-SR-6202, Section 4 - Capacity, Page 10) 16. indoor Floor Space CCF Handbook, Section 3.4 (Form OEL-SR-6202, Section 1 - Capacity, Page 10),(Form OEFL-SR-6202, Section 1.1 Indoor Floor Space, Pages 44-42} 17. Outdoor Play Area/Fencing CCF Handbook, Section 3.5 (Form OEL-SR-4202, Section 7 Planned Activities, Pages 19-20),Form OEL-SR-6202, Section 10.7 Outdoor Play Area and Section 10.8 Fencing, Pages 25-26) 18. Bedding and Linens CCF Handbook, Section 3.6 (Form OEL-SR-6202, Section 12.4 Bedding and Linens, Page 29},{Form OEL-SR-6202, Section 10.4 Nap and Sleep Space(sWSafe Sleep Practices, Page 24) 19. Nap/Sleep Space Requirements CCF Handbook, Section 3.6.2 (Form OEL-SR-6202, Section 12.4 Bedding and Linens, Page 29),(Form OEL-SR-6202, Section 10.4 Nap and Sleep Space(s}/Sate Sleep Practices, Page 24} 20, Crib Requirements CCF Handbook, Section 3.6 (Form OEL-SR-6202, Section 12.4 Bedding and Linens, Page 23),(Form OEL-SR-6202, Section 10.4 Nap and Sicep Space(s)/Safe Sleep Practices, Page 24) 21, Restrooms and Bath Facilities CCF Handbook, Section 3.7 (Form CEL-SR-6202, Section 10.6 Bathrooms and Sinks, Page 25) 22, Operable Phone CCF Handbook, Section 3.8.1 (Form OEL-SR-6202, Section 14.2 Fire Safety, Page 33) 23. Fire Drills & Emergency Preparedness CCF Handbook, Section 3.8 (Fonn OEL-SR-6202, Section 14 Fire Safety and Emergency Preparedness and Response, Pages 32-34} FOOD AND NUTRITION Bann DaneiA Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Bo ee Ree Reowerry CreeNse #: LUSPLUUDS w Address: 515 Paim Coast Pkwy SW, Palm Coast FL 32337-4739 Type: Complaint Date: 07/17/2019 24. Food Preparation Area CCF Handbook, Section 3.9 (Form OEL-SR-6202, Section 17.1 Food Preparation Area and Section 17.2 Food Storage, Pages 37-38) 25. Meats and Snacks CCF Handbaok, Section 3.9 (Form OEL-SR-6202, Section 17.1 Food Preparation Area and Section 17.2 Food Storage, Pages 37-38),(Form OEL-SR-6202, Section 17 Food and Nutrition Services, Pages 35-42) 26. Meal and Snack Menus CCF Handbook, Section 3.9.3 & Section 7 27. Catered Food and Food Provided by Outside Sources CCF Handbook, Section 7 & Section 3.9.3 28. Bottles, Breastmilk, Formuta and Infant Food CCF Handbook, Section 3.9 (Form OEL-SR-6202, Section § Supervision, Pages 16-17),(Form OEL-SR-6202, Section 17.4 Breastmilk, infant Formula and Food, Pages 40-41) SANITATION AND EQUIPMENT 29. Health and Sanitation CCF Handbook, Section 3.6, 3.9, and 3.10 (Form OEL-SR-6202, Section 12 Health and Sanitation, Page 28) 30, Diapering CCF Handbook, Section 3.10 (Form OEL-SR-6202, Section 5 Supervision, Pages 16-17),(Form OEL-SR-6202, Section 12.3 Diapering, Pages 31. indoor Equipment CCF Handbook, Section 3.11 (Form OEL-SR-6202, Section 11 Equipment and Furnishings, Pages 26-27) 32. Outdcor Equipment CCF Handbook, Section 3.12 (Form OEL-SR-6202, Section 11 Equipment and Furnishings, Pages 26-27) TRAINING 33. Training Requirements CCF Handbook, Section 4 (Form OEL-SR-4202, Section 18 Training Requirements, Pages 26-27) 34. Gredentialed Staff CCF Handbook, Section 4.6 & 4.7 HEALTH REQUIREMENTS 35. Communicable Disease Control CCF Handbook, Section 6.1 (Form OEL-SR-6202, Saction 13 Health-Related Requirements, Pages 30-31) 36. CPR Requirements CCF Handbook, Section 4.2.4 (Form OEL-SR-6202, Section 13.4 First Aid and Cardiopulmonary Resuscitation Pages 31-32) 37, First Aid Requirements CCF Handbook, Section 4.2.4 and 6.2 (Form OEL-SR-6202, Secticn 13.4 First Aid and Cardiopulmonary Resuscitation Pages 31-32) 38. Emergency Telephone Numbers CCF Handbook, Section 6.3 (Form OEL-SR-6262, Section 15 Emergency Procedures and Notification, Pages 34-35) 39. Accident! Incident Notification and Documentation CCF Handbook, Section 6.3 & 6.4 (Form OEL-SR-6202, Section 15 Emergency Procedures and Notification, Page 35) Pann A ALAN Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Not Monitored Noncomptiance Se wwame: Koma Lou Academy License #: CO7FLODES wy tC Address: 515 Palm Coast Pkwy SW, Palm Coast Ft 32137-4739 Type: Complaint Date: 07/17/2019 29-03 The facie BY acl den! G number * fomments Counseior reviewed one incident/accident report for child A.A. This child is still enrolled with the facifity There (s one incident/accident report missing for chitd A.H The owner stated report was completed at time of incident by Ms. P_ the owner and director were not able to locate the report The child 1s no longer enrolled with facility as of 7/17/2019. 6.4 Acadent/incident Notification A. All accidents and incidents that occur while 3 child is in the care of program staff mus! be documented on the same day they occur. Que Date Completed al time of inspection Violation Level os: 40, Medication CCF Handbook, Section 6.5 (Form OEL-SR-4202, Section 16 Medication, Pages 35-36) RECORD KEEPING 41, immunization Records CCF Handbook, Section 7.1 (Form OEL-SR-6202, Section 19.2 Record Keeping/Childrens Files, Page 47},(Form OEL-SR-4202, Section 18.2 Record Keeping/Childrens Files, Page 46),Enrotiment information (Form GEL-SR-6202, Section 19.2 Record Keeping/Chiidrens Files, Page 47) Compliance Comments Counselor reviewed two children’s files. Ali current to date. 42. Student Health and Records CCF Handbook, Section 7.2 (Form CEL-SR-6202, Section 19.2 Record Keeping/Childrens Files, Page 47),(Form OEL-SR-6202, Section 19.2 Record Keeping/Childrens Files, Page 48),Enroliment Information (Form OEL-SR-202, Section 18.2 Record Keeping/Childrens Files, Page 47) Compliance Comments Counselor reviewed two children's files. All current tc date. 43. Enrotiment Information CCF Handbook, Section 7.3 & 8. 402.3054(2), F.S, (Form GEL-SR-6202, Section 19.2 Record Keeping/Childrens Files, Page 47} Compliance Comments Counselo: reviewed two children's files. All current to date. 44, Personnel Records CCF Handbook, Section 7.4 (Form OEL-SR-6202, Section 18.2 Record Keeping/Childrens Fites, Page 47) Compliance Comments Counselor reviewed all employee files. Staff member X.M. is no longer employed with the facilty as of 7/17/2049. 45. Background Screening Documents CCF Handbook, Section 7.4.1 (Form OEL-SR-6202, Section 18 Training Requirements, Pages 26-27),(Form OEL-SR-6202, Section 13.4 First Aid and Cardiopulmonary Resuscitation Pages 31-32),(Form OEL-SR-6202, Section 19.4 Record Keeping/Personnel Records, Page 48),(Form OEL-SR-6202, Section 19.5 Record Keeping/Background Screening, Page 49} 46. Daily Attendance CCF Handbook, Section 7.5 (Form OEL-SR-6202, Section 19.3 Record Keeping/Attendance, Page 48) Compliance Comments Counselor did review all daily attendance in classrooms Daan te afta re the Gay thai d oucunes CCF Hangunck Secnor 6.4 A Secnon if + Not Monitored Compliance Comptiance Compliance Compliance Not Monitored Compiiance Name: Roma Court Academy License 4: CO7FLOOGS 22, “f Address: 515 Palm Coast Pkwy SW, Patm Coast FL 32137-4739 Type: Complaint Date: 07/17/2019 ENFORCEMENT 47. Access/Child Safety CCF Handbook, Section 8 (Form OEL-SR-6202, Section 20 Noncompliance Access and Section 21 Child Safety, Page 50) ~C i 7-02 The oy operator emplovee or substitute walle car ohidrer coranuitee ai for anvssion thai mee! chid anuse oF lemt provided in Chai 39 Florida Statutes epier S27. Ficnda Si $ CCE Handbook Seche ra) mbers # and 3) Gecken 21, Comments Counselor observed on video Ms. X grab a child in her class by the arm and threw him to the floor, Child landed an his stomach. The teacher was placed on paid leave as of 7/17/2019 pending investigation. The director stated staff member is no longer empiayed with facility as of 7/17/2015. Counselor will have ali staff members take 5hr onfine course Trauma informed Child Care (TICC). Bye Date Completed at time of inspection Violation Lev: SCHOOL READINESS 48. Group Size (Form OEL-SR-6202, Section 4 Group Size, Pages 14-15) Not Monitored fv) ? / Received by: Yaritza Perez inspected by: Rebecca Chandler Date: 07/17/2019 Date: 07/17/2019 Dane Gatin 2 Name: Roma Court Academy License #: CO7FLOO6S ¥ Address: 515 Palm Coast Pkivy SW, Palm Coast FL 32137-4739 Type: Complaint Date: 07/17/2019 COMPLAINT FORM Complaint: Complaint came into Child Care Regulation Office on 7/15/2019 via email. On Friday 7/12/2019, a child (Adrian Jones) was left alone in the 3-4 year old classroom when the teacher (Ms. Xiomara) and other children went to the cafeteria. Reporter found out about it and went to Ms. Markita at the front office, stating that they need to report this, as they are mandated reporters. Ms. Markita stated that she was not going to repori this incident. Reporter also stated there is a teak in the ceiling in her classroom (VPK classroom) and the ceiling tiles have fallen while children were in the room. The leak continues, and the children have to be kept out of the area of ihat room as the floors are wet and the teachers fears that more tiles will fall. Reporter is going to send photos and videos to email as soon as she can. Additional information received 7/16/2019: Ms. Xiomara grabbed a child, Ashton, in her Preschool Class by the arm and threw him in the air. He landed on his stomach. Ms. Markita has the video on her phone. On July 15, 2019, | was bringing my child into daycare (infant room) and | noticed that there were blankets and towels on the floor and buckets. The part of the ceiling had broken off and water was leaking. The teachers had to work around the area with infants in their arms. The changing area is on the side where the leak is so they had te continue to go back and forth into that area with infants. Today July 16th, | returned with my child and the leak stil! has not been fixed. lt seems like another part of the ceiling may fall and who knows what is mixing with that water that is leaking. Also of course the unsafe conditions for the teachers and infants. | am very concerned about this. Summary: Counselor received the initial complaint on 7/15/2019 via email. Counselor received three complaints within 48hrs. On July 17,2019 at 8:55 AM Counselor arrived at the facility with Jessica Bevilacqua, another member of Department of Children and Families, and two police officers. Counselor explained to Markita, front office staff, several complaints had been made agains! the facility. She stated all the complaints are vatid. The Director is not present. she is on vacation, The owner would be at the facility soon. Counselor explained siaff-to-child ratio needed to be conducted first. She stated she understood. Counselor. Jessica Bevilacqua, another member of Department of Children and Families, and two police officers interviewed the following individuals: Xiomara Quinones, Teacher: This teacher stated that she has worked at Roma Court for about one year, she is the three-year oid teacher, and she used to work at Sunshine Academy. This teacher stated that she was not inappropriate with the child, Ashton, and that no, she did not push him or throw him. This teacher stated that she had a problem with one child, Ash (Ashton), as he is screaming all day long when she makes him put toys away. This teacher stated that he screams to you when you ask him a question. This teacher stated that she is happy and comfortable with her children. but she does not touch children. This teacher stated that she hugs and talks to children and that nothing happened with Ash, she would never hurt a child. This teacher stated that on Monday Ash was screaming and the class was on the way into the cafeteria and she said to come here Ash, but he runs, so she gets behind him and with three fingers on his back she guided him into the cafeteria, but he falls down as soon as he enters. This teacher stated thai she did not write an incidentV/faccident report because the child was not injured. This teacher stated that Adrian talks about guns all of the time and she telfis him that they do not play guns, but he shoots at everybody in the class and the girls were screaming and nothing else happened. Another employee from the Department of Children and Families read Ms. Quinones the complaint and she stated that last Friday she had fourteen three-year-old children and she was alone in her class. Ms. Quinones reiterated that she had fourteen children and she was alone in her classroom. This teacher stated that she took her class to the VPK playground and each child was holding onto a rope and they were guided throughout the childcare facility until they reached the playground, where they entered the door, and started to play. This teacher siated that she did nat see Adrian slip away from the other children and go back to the classroom and that he did not tell her that he had to toilet. This teacher stated that Ms. Jenna brought Adrian to her about ten minutes later and she said to Ms. Jenna where did you find him, | did not know he was gone. Another employee from the Department of Children and Families showed Ms. Quinones a video of Ashton coming through the cafeteria door way and Ms. Quinones said no, no, not me, | did not push him, am | going to lose my job, why ! did nothing wrong. Police Officers read Ms. Quinones her rights and she agreed to talk to them without an attorney present. When asked what constituted writing an accidenv/incident report, this teacher stated that she only does an accident/incident report (A/l) if children fall, but that Ashton's was not an accident, he just fell so she did not write an AJ/I report because he had no bruises. This teacher stated that an A/I report is only necessary for an accident if bleeding or scraped. This teacher stated that she did not tell anyone that Ash fell and that she checked Ash and he said he was fine. This teacher stated that the Director told us to only do an A/l report if the child fell down and was bruised, cut, or bleeding. This teacher stated that she did not hold or grab Ashton, that she used a light touch, she guided him, and she used three fingers just like the class in Daytona told her to do. This teacher stated she had no complaints against her ever. This teacher stated Daan O nf in e0 Name: Roma Court Academy License #: CO7FLOO6S ew Address: 515 Palm Coast Pkwy SW, Palm Coast Fl 32137-4739 Type: Complaint Date: 07/17/2019 that she has back-up and can call to the front desk if she ever needs help. Pamela Cassetty, Cook: Ms. Pam stated that she has been with this facility for approximately one year and that she witnessed the incident with Ashton. Ms. Pam stated that as Ashton came through the doors, he was throwing a fit, he came in the doorway, and slipped {o the floor. Ms. Pam stated that she was not sure if Ms. Quinones jerked him or not so she asked to see the video. Ms. Pam stated that Ms. Quinones was frustrated as Ashton did not want to come into the cafeteria. Ms. Pam stated that Ms. Quinones was behind Ashton, that he landed on his side, that Ms. Quinines was frustrated, that she threw her hands into the air but did not hurt the child she thinks. Ms. Cassetty stated the Director of this facility hides everything that is going on daily. Ms. Pam stated that she spoke with Ms. Mora (Ms. Quinones) and Ms. Mora told her that Ash slipped. Ms. Pam stated that she went fo speak with Ms. Markita on July 16, 2019 and was told to complete an A/l report so she did and then tumed it into Ms. Markita. Ms. Pam stated that Bill, the owner, told her to never do an Aji report until she talked to him first. Ms. Pam stated that an Af report was necessary whenever you see an incident as 4 danger toa child, a fall, bruise, a cut, even if they are not bleeding. Ms. Pam stated that she made a comment to Bill such as, do whatever you want with the A/ report. Ilene Case, VPK Teacher This teacher stated that the day Adrian was found alone in his classroom, Ms. Mara (Ms. Quinones) was by herself in her classroom with 14 children and that no other teachers were in that classroom on that day. Ms. Ilene stated that an A/l report is completed when a child is hurt or falls with or without injuries. This teacher stated thal she writes an A/I report always, but that some of the reports she writes go missing or are lost. This teacher stated that the ceiling started leaking on July 3, 2019 and it leaked all over the science and drama area of her room and she was told to just put buckets out and keep the children away. Ms. llene stated that Bill, the owner, deletes the video, and that Ms, Markita told her he does. This teacher stated that Ms. Markita and the Director get along okay, but that the Director shuts Markita down every time she tries to do things the right way. This teacher stated the facility is not doing things the way they are supposed to be done. Markita Bishop, Office Assistant: Ms. Markita stated that she has been working for this facility for approximately six months. Ms. Markita stated that she had the A/I report for Adrian on Friday, but that it is gone now as she gave it to Bill, the owner. Ms. Markita stated that Ms. Jenna heard a child crying, went into Ms. Mara's room, found Adrian all by himself crying.” where is Ms. Mara," and brought him back to the office. Ms. Markita stated that she looked at the video and found that Ms. Mara left her classroom at approximately 9:37 a.m. and that Adrian was with Jenna and her about 30 minutes or more. Ms. Markita stated that the Director had the day off but came in and said to Ms. Mara that you are going to get me in trouble, but that we are keeping this incident internal, to leave it alone because we will be shut down, and don't tell Bill as she will not be able to go on her trip on Monday. Ms. Markita stated that she called Bill after the Director Jeft and tried to tell him what happened. but he just talked over her and said to let the Director take care of it, that it was out of his hands. Ms. Markita stated that when Bill arrived she gave him the A/I report from Ashton and he took it and she said the Director will take care of it. Ms. Markita stated that there is no policy on A/l reports and there is no handbook that has been issued to employees that she is aware of and no one eise is aware of a handbook for employees. Ms. Markita stated that Bill. the owner. tries to get her to lie to people ail of the time and she informed him today she is done and that she does not want to deal with this anymore. Bill Gerrell, Owner: Owner stated that the A/I report writing is stipulated in the employee handbook. that all employees sign for a copy of the employee handbook when they are hired, and there are receipts in their personnel records stating they have received a copy of the employee handbook. Owner stated that the video writes over itself every 24 hours, so he cannot let us see or obtain a copy of the video. Owner stated that he viewed the video, that Ms. Mara had her hand on Ashton's back to guide him into the cafeteria and he fell. and the Mara raised her hand up. Owner stated that there is an 18-minute detay on the video, so the times are wrong when you are looking at a video, the clock is wrong. and Adrian was not left alone in the classroom. Owner stated that Ms. Mara was in the classroom with two other teachers and when Ms. Mara left, Jenna tock Adrian to the front office. Owner stated that nothing is going on except the fact that there are two disgruntied employees with issues with Ms. Mara and ene of them is a relative of the former director of this facility. The owner Stated thai he saw the video through an app on his phone and that nothing happened with Ms. Mara and Ms. Mara would not do anything to a child. Owner stated he is only there one to two days per week. Owner stated that Ms. Mara was reprimanded by the director and himself (verbally). The owner stated that he will follow the Department's recommendation to not leave Ms. Mara afone with children at this time. Owner stated that the roof is being resealed and the air conditioner men say it is the roof and the roofers say it is an AC problem, but they are addressing the leaks and there are no children in the classrooms where the leaks have occurred. The police officers read Mr. Gerrell his rights and he agreed to speak to them without an attorney present. Owner stated that A/ reporis are completed if a child is hurt or a teacher does something wrong. Owner stated that Markita and Ms. Pam wrote one, that he cannot find it at this time as he gave it to the director. and that Ms. Mara did not fill an A/ report out at all. Owner stated that he does not usually receive A/I reports and they do not dispose of them, that they keep them. Owner stated that after an Adi the front office or the Director notifies the parents and the Early Learning Coalition. Owner stated that he never told his staff not to nofity anyone about an A/. Owner stated that when he arrived at the facility, Ms. Markita notified him, and he watched the video at the facility. Owner stated that it is very common to have accidents and incidents. Owner stated that the Director told him that there were two other teachers in the room. Owner stated that he was not present when the incidents occurred and arrived after the fact. Jenna Howard, staff member: Ms. Howard was not available at time of investigation. She did email counselor her statement on 7/20/2019. She stated she was helping another co-worker find some items around the building in the rooms that were closed/not operating. She stated she decided to go to Ms. Mara's old room to grab some books and all of a sudden she heard some crying next door, she walked in and noticed Adrian was in the bathroom crying and he was worried about where his teacher was. She then brought him to the office ta Ms. Markita. Dana Oatin = corres eeee Coun mLaUCIny LIVEN #2) LU/FLUUDD ee. Address: 515 Palm Coast Pkwy SW, Palm Coast FL 32137-4739 Type: Complaint Date: 07/17/2019 Another member of Department of Children and Families interviewed Child, Ashton denied problems at school. fear of any teachers Child, Adrian had trouble answering any questions and was just repeating what was asked. Both children are free of visible marks. Both children are three-years of age. Ashtan's mother, Tracobbie Gasha: on 7/19/2019 stated she had her son seen by a doctor who diagnosed him with PTSD. The child was put on anxiety medication. He was given X-Rays, and those came back negative. She stated her child continues to cry about everything since the alleged incident. Mother feels the child's behavior is a direct result of mistreatment by his teacher. This child is no longer enrolled as of 7/17/2019. Nelcy Almeida. caregiver to child Adrian: She stated she did not know there was an incident with Adrian allegedly being left alone on 7412/2019 and wasn't informed. This child is still enrolled with the facility. Findings: This facility is within staff-to-child ratio. This Counselor asked for a copy of the written employee handbook, but no one could find such a document. The owner telephoned someone, and they e-mailed him a copy of the handbook. This Counselor asked for a copy of the employee's receipts of the handbook that were kept in their personnel records, but the owner could not find one receipt. Counselor asked to see the Accident/incident report for child Ashton Harris, Ms. Pam had, Owner could not locate the report. Counselor, Jessica Bevilacqua, another member of DCF, and Law Enforcement did review the video of staff member mishandling child Ashton Harris. in the video it is clearly visible child is slung to floor and lands on his stomach. The child does get up, but the teacher walks pass the child without remorse. The video for child Adrian was not available due to the system overwriting. Counselor did observe ceiling leaking water in the infant room and one other classroom. VPK. Counselor co-hosted a staff meeting 8/21/2019 at this facility. Counselor did discuss from CCF Handbook, Section 2.41.General Supervision Requirements, 2.4.2 Nap time Supervision, 2.4.4 Meal time Supervision, 2.8 Child Discipline, and 6.4 Accident/Incident Notification. Counselor gave each staff member a copy of the standards from the handbook. Director did review the revised Employee Handbook for employees. Each employee did sign the handbook to acknowledge receipt. Counselor continues to monitor this facility on a weekly basis. The enrollment for this facility has dropped drastically. As of 10/15/2018, there are only 53 children enrolled. This facility is out of compliance for 04-15 Inadequate Supervision- Toileting/Bathing CCF Handbook, Section 2.4.1, H. Class 2 Violation. This facility is out of compliance for 11-04 tnappropriate Method Used CCF Handbook, Section 2.8. A. Class 1 Violation. This facility is out of compliance for 12-02 Facility Not in Good Repair CCF Handbook. Section 3.1, A. Class 3 Violation. This facility is out of compliance for 39-03 Documentation Not Completed On Day CCF Handbook. Section 6.4, A. Class 3 Violation. This facility is out of compliance for 47-02 Child Abuse/Neglect Committed CCF Handbook, Section 8.2, A. Class 1 Violation. Counselor will have all staff members take 5hr online course TICC. Counselor does nol have any other recommendations ai this time. Complaint closed 10/16/2019. Received by: Yaritza Perez ; p Date: 07/17/2019 : Date: 07/17/2019 Dana iA arin EXHIBIT “B” ADMINISTRATIVE COMPLAINT & FAMILIE? oun DREN RE LICE CEN a) E nov 1 4 fF Crit pert. hy CAR Es see 3 2 =" 3 = as 4 «. 9 by == HB == i DY Ses 328 — E weet _ — g 3 : fe 3 ag Sgc8 wey 20 \ SEea 2ao eo ht? 6e.b : s—rfinlie A . yf SHO, BINBUBIS JOPRUICYISPIA G{JAUAC £3 | } # U I bl | 1 “uo way PARTON PTCA : ny) 77) vy a. ‘oT WIPO Fry wT “yodn ponsos sem fe PUNY oats ay Jo Kéco @ yeu ASLL30 THM SIH JDIAYNAS JO NOILVOISILY3D ; Es ye ‘ : | i

Docket for Case No: 19-006726

Orders for Case No: 19-006726