The Issue Whether Respondent, Tender Loving Care Christian Learning Academy, violated section 402.305(4), Florida Statutes (2012),1/ and Florida Administrative Code Rule 65C-22.001(4)(a), regarding proper staff-to-child for a child care facility; and, if so, the appropriate penalty. Whether Respondent violated section 435.04(1), Florida Statutes, and Florida Administrative Code Rule 65C-22.006, by not having proper documentation of Level II background screening for a staff member; and, if so, the appropriate penalty.
Findings Of Fact The Department is statutorily charged with the licensing and regulation of child care facilities. See § 402.301, et seq., Fla. Stat.; and Fla. Admin. Code R. ch. 65C-20 and 65C-22. Respondent operates a child care facility located at 1234 North Martin Luther King, Jr., Avenue, Lakeland, Florida, and holds state license number C-10PO0380. On August 27, 2012, Ms. Richmond, an investigator for the Department inspected Respondent's child care facility. The inspection was the result of a complaint made against Respondent that stemmed from a child custody dispute. Ms. Richmond arrived at Respondent's facility at approximately 2:40 p.m., where she saw six children being cared for by one staff member. Ms. Richmond saw two children asleep in bouncy-seats. One of the children sleeping in a bouncy-seat appeared to Ms. Richmond to be less than one year of age. Ms. Richmond asked the staff member the age of the child, and the staff member told her that the child was six months old. Ms. Richmond informed the staff member that the room was out of compliance for staff-to-child ratio for supervising an infant. The staff member then removed the sleeping child from the bouncy-seat and took the child to the infant room, placing the sleeping child in a crib. The Department did not bring forward any other evidence showing the age of the child that Ms. Richmond believed was less than one year of age. Ms. Ross-Waring credibly testified that the child in question was her grandchild, and that the child's age was over one year of age. Ms. Ross-Waring explained that the child was small for her age because the child had been born prematurely. During the inspection, Ms. Richmond recognized one of Respondent's staff members as a former employee with a different child care facility. Moreover, Ms. Richmond knew that the staff member had a prior disciplinary history with the other facility. Ms. Richmond testified that staff members with a disciplinary history are required to disclose the prior discipline to the current employer. In order to determine if the staff member had disclosed the prior discipline, Ms. Richmond reviewed Respondent's employment file for the staff member. In reviewing the employment file, Ms. Richmond found that the staff member's records contained Level II background screening from the Agency of Health Care Administration (AHCA), but not one from the Department. Ms. Richmond informed Ms. Ross-Waring, the owner and operator of the child care facility, and Ms. Poe, the director of the child care facility, that the staff member did not have the proper documentation. As a result, the staff member immediately left the premises, and did not return until she secured the Level II background screening from the Department. The staff member obtained the required background screening and returned to work on August 30, 2012, two days after the inspection. Ms. Ross-Waring explained that she believed that the background check provided by the AHCA addressed the same information required by the Department. Therefore, she relied upon the AHCA background check. A past inspection of Respondent's child care facility dated October 7, 2011, resulted in the finding that Respondent did not have background screening documentation for a staff member, D.S., despite D.S. being hired on August 15, 2011. Respondent did not dispute the finding of the lack of proper documentation. As a means of correcting the error, the Department provided Respondent with technical support concerning the required proper background screening documentation. Respondent's failure to have the proper background screening documentation at the August 28, 2012, inspection was Respondent's second violation within two years.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Children and Families enter a final order finding that: Respondent did not violate section 402.305(4) and rule 65C-22.001(4) concerning the staff-to-child ratios; and Respondent violated rule 65C-22.010, failure to keep proper records, and that Respondent be fined $50.00 for non- compliance pursuant to rule 65C-22.010(1)(e)2.b. DONE AND ENTERED this 30th day of April, 2013, in Tallahassee, Leon County, Florida. S THOMAS P. CRAPPS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 30th day of April, 2013.
The Issue The issues are whether Respondent, a child care facility, violated the minimum staffing ratio in one of its classes and, if so, what penalty should be imposed.
Findings Of Fact Respondent owns and operates the Children's Christian School House, which is a licensed child care facility. Ileana Echevarria is the director of Respondent. Each year, Petitioner's inspectors conduct three routine and one annual-renewal inspection of each licensed child care facility. On one such inspection, conducted on June 5, 2006, the inspector observed that the facility's two-year-old room had 12 children and only one adult. Pursuant to Petitioner's policy not to fine a facility for the first violation, the inspector directed Ms. Echevarria to telephone one of the parents and have her come and pick up her child. Ms. Echevarria did so, and the violation was corrected before the inspector left the facility. The same inspector returned to the facility on June 20, 2006, to perform a re-inspection. On this occasion, the facility was out of compliance in a different room. The room occupied by children five years old and older contained 39 children and one adult. On June 20, two of the teachers were on vacation and another teacher had called in sick. A new teacher had reported to work for her first day, but she was sitting in the cafeteria and was not supervising any children. Ms. Echevarria herself had been sick, had come to school earlier, and had returned home to retrieve her medicine, so she was not at the facility at the time of the re-inspection of the out-of-compliance classroom.
Recommendation It is RECOMMENDED that the Department of Children and Family Services enter a final order imposing a civil penalty of $100 against Respondent for a violation of the staff-to-children ratio during the June 20, 2006, inspection. DONE AND ENTERED this 16th day of April, 2007, in Tallahassee, Leon County, Florida. S ROBERT E. MEALE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 16th day of April, 2007. COPIES FURNISHED: Gregory Venz, Agency Clerk Department of Children and Family Services Building 2, Room 204B 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 John J. Copelan, General Counsel Department of Children and Family Services Building 2, Room 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Robert A. Butterworth, Secretary Department of Children and Family Services Building 1 Room 202 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Kimberly D. Coward, Esquire Department of Children and Family Services 401 Northwest Second Avenue, Suite N-1014 Miami, Florida 33128 Ileana Echevarria Qualified Representative Children's Christian School House, Inc. 380 West 21st Street Hialeah, Florida 33010
Findings Of Fact Funway Learning Center is a child care facility licensed by Petitioner for operation at 735 North Thornton Avenue, Orlando, Florida. The most recent license for operation of the center was issued on June 20, 1994, License Number 694-23, and was valid for all relevant times herein. During all relevant times, Hugette Nelson was the owner/director of the facility. On or about February 21, 1995, Lydia Morris began work at Respondent's facility as a member of the child care personnel staff. As of that date the new employee had not completed a good moral character affidavit, nor submitted a fingerprint card or information sufficient to conduct a local, state or federal criminal records check. On February 21, 1995, personnel from Petitioner conducted a routine inspection of Respondent's facility. Several minor discrepancies were noted which have since been corrected. Staff was requested to produce the employee personnel records for two staff members on duty at the time of the inspection. Staff was either unable or unwilling to do so. The owner/director was not present at the facility at the time of the inspection. On February 21, 1995, Nelson was requested to make an appointment, prior to March 6, 1995, with Petitioner and bring with her the personnel file with the requested forms and information relating to the recent hire. On March 7, 1995, Nelson came to the Petitioner's office for a scheduled visit with the personnel file for Morris but was unable to produce a good moral character affidavit or finger print card for Morris. Morris never completed the required information while employed by Respondent. Morris worked only three days at Respondent's facility, thereafter she called in sick and never returned to work. Her last day on the job was February 24, 1995. Nelson officially terminated her on March 13, 1995. Nelson has since closed the facility. Respondent has received one prior citation in the past for a similar violation.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered DISMISSING the Administrative Complaint filed against Respondent. DONE AND ENTERED this 27th day of October, 1995, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 27th day of October, 1995. COPIES FURNISHED: James A. Sawyer, Jr., Esq. Department of Health and Rehabilitative Services 400 West Robinson Street, Suite S-827 Orlando, Florida 32801 Hugette Nelson 2320 Northwest 108 Street Miami, Florida 33168 Robert L. Powell Agency Clerk Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700 Kim Tucker General Counsel Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700
