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DEPARTMENT OF CHILDREN AND FAMILIES vs WEE WARRIORS DAYCARE & PRESCHOOL, 21-001592 (2021)

Court: Division of Administrative Hearings, Florida Number: 21-001592 Visitors: 9
Petitioner: DEPARTMENT OF CHILDREN AND FAMILIES
Respondent: WEE WARRIORS DAYCARE & PRESCHOOL
Judges: JOHN D. C. NEWTON, II
Agency: Department of Children and Family Services
Locations: Zephyrhills, Florida
Filed: May 14, 2021
Status: Assigned, not set.
Latest Update: Nov. 14, 2024
STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Wee Warriors Daycare & Preschool 34927 Elland Blvd. Zephyrhills, FL 33541 Certified Mail Return Receipt No.7020 0090 0000 1645 2905 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department is seeking to revoke the facility's Gold Seal Quality Care designation, The Department’s authority and grounds to impose this sanction are explained below, | | | | | | ; \ ; i ii i | | | { | | i | | 1 | ' | 1. The Department of Children and Families is authorized by section 402.281, Florida Statutes, to revoke the Gold Seal Quality Care Program designation (Gold Seal) held by a child care facility for specified violations of child care licensing standards promulgated pursuant to sections 402.26— 402.319, Fla. Stat. 2. Wee Warriors Daycare & Preschool (Respondent) holds a religious exemption from licensure pursuant to section 402.316, Fla. Stat., and is authorized to operate a child care facility located at 34927 Eiland Blvd., Zephyrhills, FL 33541. 3. Respondent holds a Gold Seal subject to the provisions of section 402.281, Fla. Stat. Respondent signed a Gold Seal agreement on June 22, 2020, which authorizes the Department to conduct an annual inspection for compliance with Gold Seal requirements. 4. During a Gold Seal inspection conducted of Respondent’s facility on July 31, 2020, Angela Butler arrived at the facility at approximately 2:39 PM and observed two unscreened volunteers supervising a group of four-year-old and five-year-old children without the presence of a screened child care personnel. Ms. Butler ensured that a screened child care personnel arrived to supervise the group of children. 5. The facts above constitute a violation in that “An unscreened individual was left alone with children in care.” This is a Class 1 violation of child care licensing standard 04-18 of the Child Care Facility Standards Classification Summary, which is incorporated in rule by reference at Rule 65C-22.001(1)(e)1, Florida Administrative Code {2019). This rule was promulgated pursuant to sections 402.305{2}(a} and (b), 402.302(3) and (15), 402.310{1}(b)1, and 435.06(2)(a), Fla. Stat. It is the Respondent's first Class 1 violation, extrem 6. Pursuant to section 402.316(1), Fla, Stat., religious exempt child care facilities must comply with the background screening requirements for all child care personnel as set forth in sections 402.305 and 402.3055. 7. The commission of a Class 1 violation shall be grounds for termination of the designation as a Gold Seal Quality Care Program provider pursuant to section 402.281(4)(a), Fla. Stat. 8. As the Respondent has been cited for a Class 1 violation, the Department is seeking to terminate the Provider’s Gold Seal Quality Care designation until the Respondent has no Class 1 violations for a period of two years as set forth in s. 402.281(4)(a), Fla. Stat. \f you do not wish to contest the findings of this administrative complaint, mall your Gold Seal certificate directly to the Florida Department of Children and Families, Child Care Regulation Office, The mailing address Is: Department of Children and Families Attention: Child Care Regulation 2415 North Monroe Street Suite 400, Room N216 Tallahassee, FL 32303 If you wish to contest the findings of this administrative complaint, including the revocation of the Gold Seal Quality Care designation, 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 return receipt to Wee Warriors Daycare & Preschool, 34927 Eiland Blvd., Zephyrhills, FL 33541 this _9* day of April. 2021__. ghee S Or Hue T. Reynolds Director, Office of Child Care Regulation 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 24 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 address: Stefanie Camfield, Esq. Assistant General Counsel Department of Children and Families 2415 North Monroe Street, Suite 100 Tallahassee, Fl, 32303 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 formai 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 are 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 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 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. Please contact the Program Office (850) 488-4900 should you have additional questions or concerns. DEPAR} ty Child Care Facility information of yy Name: Wee Warriors Daycare & Preschool HEB ce stencercs Pe @ -, ID Number: X06PA0204 [EB OCF & sR Siandards f=) i) Address: 34927 Elland Bivd, Zephyrhills FL 33541-2739 a & Phone Number: (813) 779-7039 Capacity: 127 HEB se stencarcs - » Owner/Director/Staff Responsible: Jasmine Casarez ad en & Inspection Information 7 NY Typa: Gold Seal Date: 07/31/2020 Arrival/Departure Time: 02:39 PM to 05:19 PM Staff Present: 9 Children Present: 59 Onsite Visit: Yes GENERAL REQUIREMENTS 01: Certificate Displayed/Advertising 65C-22.009, F:A.C. “Compliance 2 02:‘Minimum ‘Age ‘Requirements :CCF:Handbook; Section 2.2 ‘Compliance **: 03;:Ratio Sufficient CCF Handbook; Section 2 Compliance Gomments CCRC observed the following ratios: ‘Compliance: {nfant 1:3 infant 1:2 ‘one year old 2:6 one year old 1:5 two year old 1:10 three year old 1:10 school age 1:14 four-five year old - 2:10, 04. Supervision. CCE Handbook,'S: “Noncompliance=:? Non-Compitance Description 04-18 An unscreened indlvidual was left alone with children in care. s.435.08(2}{a), F.S. and CCF Handbook, Sactlon 5.2, C (Section 19.6) (SR] Comments CCRC observed two unscreened volunteers supervising the group of children ages four and five. During inspection a screened staff member started supervision of the group, Due Date Completed at time of Inspection Miolation Level Class 1 Page Lof 6 2 Name: Wee Warrtors Daycare & Preschool License #: XO6PA0204 \ Address: 34927 Eiland Blvd, Zephyrhills FL 33541-2739 Type: Gold Seal Date: 07/31/2020 09.'Planned ‘Activities CCF: Handbook; : 40. Fieid Trip ‘Permission CCF Handboo PHYSICAL ENVIRONMENT 42: Facility :Environment GCF:Handbook, Section:3.4 43. Toxic Substances; Hazardous Materials arid Weapons CCF Handbook;:Sectlon 3.2 ° ace CCF Handbook, S 417. Outdoor Play AréalFencing CCF Handbook, Section 3.6 48: Bedding anc inens CCF Handbook, Sectl 22; Operable Phone CCF: Handbook; Section 3.8, 23. Fire Drills:& Emergency Preparedness CGF ‘Handbook, Section 3.8 FOOD AND NUTRITION 240d Preparation ‘Area CCF. Handbook, Section:3.9 Not Agnitcable Comments, Facility doesn't prepare meals. 25. Meals and Snacks CCF Handbook, Section 3.9 26. Meal and Sn: 3. CGF Handbook; Sectici Not Apnilcable Comments, Parents provide meals and snacks. Page 2 of 6 Not Applicable = Compliance «: “Compliance 2.2% “Net applicable jot Applicable | ompliance.*. 32°" Name: Wee Warriors Daycare & Preschool License #: XOGPA0204 Bd Arse 8 Feenion Address: 34927 Elland Blvd, Zephyrhills FL 33541-2739 Type: Gold Seal Date: 07/31/2020 29, Health ‘and San ibook, Section TRAINING 33. Tralhitig Raquiranients' OCF Handbook; Sééton' Non-Compliance Description 33-07 Child care personnel, including volunteers who work 10 hours or more per month did not complete the required In-service training during the states fiscal year beginning July 1 and ending June 30, CCF Handbook, Section 4.2.6 (Section 18.6, number 1) [SR] Gomments. Child Care Regulation observed child care personnel fila with incomplete in-service hours. Handbook Section 4.2.7 Annual In-Service Training Upon successful completion of the 40-hour introductory training requirements, child care personne! must complete a minimum of 10 clock- hours or one CEU of In-service training annually during the stetes fiscal year beginning July 1 and ending June 30, Due Date 06/14/2020 Miotation Level Class 3 Non-Compliance Description 33-09 The facility did not have documented proof that aif child care personnel were trained and knowledgeable within 30 days of date of hire In [ safe sleep practices and shaken baby syndrome, the use of fire extinguishers ]. CCF Handbook, Section 4.2.3 and 4.2.5 Somments Chili Care Regulation observed a child care personnel file missing safe steep training and fire extinguisher tralning. Handbook Section 4.2.3 Safe Sleep/ Shaken Baby Syndrome Training All child care personnel who work In a facility that offers care to Infants must have training regarding guidance on safe sleep practices, preventing shaken baby syndrome and abusive head trauma; recognition of signs and symptoms of shaken baby syndrome and abusive head trauma; strategies for coping with crying, fussing, or distraught child and the development and vulnerabilities of the drain In Infancy in early childhood within 30 days of hire at the facility. For child care personnel to satisfy this requirement the training must be accomplished through one of following methods: Department's Health Safely and Nutrition course, Safe Sleap course, or the Early Learning Floridas Safe Sleep Practicas. Dacumentation of training must be maintained on the Department's training tranacript in the child care personnel record, 4.2.5 Fire Extinguisher Training Ail child care personnel shall be trained In the use and operation of a fire extinguisher, at each facility they are employed, within 30 days of date of hire. The facility must malntaln documentation that ail child care personnel have completed training. Due Date 08/14/2020 Violation Level Class 3 34:;Credentialed Stalk CCF Handbook, Sactio HEALTH REQUIREMENTS Page 3 of 6 Compliance © ‘Compliance: compliance." “Compliance Noncompliance: - ry Name: Wee Warrlors Daycare & Preschool License #: XO6PA0204 \ re ee Address: 34927 Eiland Blvd, Zephyrhills FL 33541-2739 Type: Gold Seal Date: 07/31/2020 37.:First Aid Requirements:CCF:Handbook, ection 4.2.4 an 38/Emergenicy’ ; RECORD KEEPING i ‘42. Student Health and Records:CCF: Handbook; Section ompilanée 43. Enrolment rmation:CCF Handbook, S: “Compliance 44-06 A Volunteer Acknowledgement (Form CF-FSP 5217) was not on file prior to volunteering. CCF Handbook, Section 7.4, F Comments Child Care Regulation observed facillty did not have signed volunteer acknowledgement on file, At time of inspection the volunteer signad the acknowledgement, Handbook Section 7.4.F. Prior to beginning volunteering in a child care faciity, a CF-FSP §217, Volunteer Acknowledgment which Is Incarparated by reference In 85C-22.001(7}{e), F.A.C., and may be obtained from the Departments website www. myfifarnities.comichiidcare, must be campleted and on file at the child care facility for the vatunteer. Written documentation of volunteer hours must be maintained at the facility far a minimum of 12 months and available for review by the licenalng authority. Rue Date Completed at time of Inspection Viotatlon Level Class 3 Non-Compliance Description 44-06 The facllity failed to maintain written documentation for the number of hours a volunteer worked, CCF Handbook, Section 7.4, F Somments At time of inspection facility did not have complete writlen documentation for the number of hours a volunteer worked. F. Prior to beginning volunteering In a child care facility, a CF-FSP 5217, Volunteer Acknowledgment which Is incorporated by reference in 65C-22.001(7)(e), F.A.C., and may be obtained from the Departments website www.myfifamilies.com/chitdcare, must be completed and on file at the child care facility for the volunteer, Written documentation of volunteer hours muat be maintained at the facility for a minimum of 12 months and available for review by the licensing authority. Due Date 08/14/2020 Miofation Level Class 3 45. 'Background Screening Documents.CCF. Handbook, Section 7.4, Page 4 of 6 Address: 34927 Elland Blvd, Zephyrhills FL 33541-2739 Wy Name: Wee Warrlors Daycare & Preschool License 4: XC6PA0204 Feetianerrcice, Type: Gold Seal Date; 07/31/2020 Non-Compliance Description 45-02 Documentation of Level 2 Clearinghouse screening clearance was missing for child cara personnel. CCF Handbook, Section 7.A4A,C (Section 19,5, number 1) [SR] Sommenis. At Uime of Inspection facility dees not have lavel 2 clearinghouse screening for two volunteers. Handbook Section 7.4.1.C. A copy of the eligible rasults, for the Level 2 screening, generated from the Clearinghouse must be on record for each personnel, If awaiting Out-of-State criminal history results, a copy of the DCF email informing of the individuals eligibility for a provisional hire status must be in the personnel fite. Due Date 08/14/2020 Miolation Level Class 2 ‘46; Daily :Attendarice CCF Handbook, Section:7:5 eCompliance * ENFORCEMENT $8/Child Safety: “Compliance © book, Section Counselor Comments Trauma Informed Care The Department of Children and Families in partnership with the Office of Early Learning is launching the Trauma Endorsement in July 2019, To eam the endorsement, you must have an active Director Credential and successfully complete the following courses: Online 5 -hour DCF Trauma-Informed Care for Child Care Professionals and Instructor-led 40-hour DCF Trauma-Informed Care for Child Care Program Directors. Ta learn more about these courses, go to https:/Avww.myfifamllies.com/serviceprograms/child-care. You may also contact your lacal Training Coordinator for Circult 6 - Keensha Parham (813) 231-1836, or the Child Care Training information Center toll-free at1-888-352-2842. Scholarships are available through T.E.A.C.H. toll-free 1-877-FL TEACH (358-3224). Received by: Jasmine Casarez Inspected by: Angela Butler Date: 07/31/2020 Date: 07/31/2020 Page S of 6 Name: Wee Warriors Daycare & Preschool License #: XO6PA0204 . Tae Address: 34927 Elland Blvd, Zephyrhills FL 33541-2739 Type: Gold Seal Date: 07/31/2020 SUPPLEMENTAL INSPECTION SHEET Comments: Gianna Cornell one year old - application only says child has allergies. Find out what allergies child has. Background screening needed for volunteers Ashauna Jones (start date 6/1/2020) and Jemyra Felder (9/16/2019). Kirianyelis Diaz,(2/1 0/2020) and Ashauna Jones needs fire extinguisher training. Ashauna Jones needs safe sleep training. Need 10 inservice hours for Geraldine Baldwin (10 hrs needed), and Iris Silva (1 hr needed) Received by: Jasmine Casarez \nspected by: Angela Butler Date: 07/31/2020 Date: 07/31/2020 Page 6 of 6

Docket for Case No: 21-001592
Issue Date Proceedings
Jul. 29, 2021 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jul. 28, 2021 Motion for Relinquishment of Jurisdiction filed.
Jul. 09, 2021 Notice of Hearing by Zoom Conference (hearing set for August 17, 2021; 9:30 a.m., Eastern Time).
Jul. 02, 2021 Order Granting Continuance (parties to advise status by July 15, 2021).
Jun. 30, 2021 Joint Stipulation and Motion for Continuance filed.
May 28, 2021 Order of Pre-hearing Instructions.
May 28, 2021 Notice of Hearing by Zoom Conference (hearing set for July 23, 2021; 9:30 a.m., Eastern Time).
May 28, 2021 Notice of Telephonic Pre-hearing Conference (set for July 13, 2021; 2:30 p.m., Eastern Time).
May 27, 2021 Notice of Substitution of Counsel (Lisa Ajo) filed.
May 17, 2021 Initial Order.
May 14, 2021 Administrative Complaint filed.
May 14, 2021 Petition for Formal Administrative Hearing filed.
May 14, 2021 Agency action letter filed.
Source:  Florida - Division of Administrative Hearings

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