The Issue The issue for determination in this proceeding is whether Respondent failed to maintain direct supervision of four minor children and, if so, what, if any, penalty should be imposed.
Findings Of Fact Petitioner is the state agency responsible for regulating child day care facilities in Florida. Respondent is licensed as a child care facility within the meaning of Section 402.302(4), Florida Statutes. 1/ Respondent is licensed to care for 36 children, ages 0-12, pursuant to license number 994-39. Ms. Augustina Peash is the owner of Augustina Academay within the meaning of Section 402.302(7). Ms. Peash operates Augustina Academy at 1307 Pinehills Road, Orlando, Florida, 32808. On April 7, 1995, Petitioner conducted a quarterly inspection of Respondent. Four children were alone with no direct supervision. Two children were sweeping the kitchen. Another child was alone in a classroom. An infant was alone in a crib in a room adjacent to the director's office. Ms. Augustina Peash was in the director's office. The potential harm to the children was not severe within the meaning of Section 402.310(1)(b)1. All of the children were on the premises of Augustina Academy and within close proximity of supervising personnel. The period in which Respondent failed to maintain direct supervision of the children was not substantial. Respondent's employees corrected the failure immediately. Respondent's failure to maintain direct supervision of the children did not result in any actual harm to the children. Respondent has a history of prior discipline within the meaning of Section 402.310(1)(b)3. On November 7, 1994, Petitioner cited Respondent for a similar violation. Petitioner informed Respondent in writing of the violation
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a Final Order finding Respondent guilty of the charges in the Administrative Complaint and imposing an administrative fine of $100. RECOMMENDED this 5th day of January, 1996, in Tallahassee, Florida. DANIEL S. MANRY, 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 5th day of January, 1996.
The Issue The issue in the case is whether the allegations of the Administrative Complaint filed by the Petitioner against the Respondent are correct and if so, what penalty should be imposed.
Findings Of Fact The Petitioner is the state agency responsible for licensure and regulation of child care facilities operating in the State of Florida. The Respondent is a licensed child care facility, Florida license number 400-9, located at 1221 South Washington Avenue in Apopka, Florida. On March 1, 2001, the Petitioner received a complaint related to alleged poor conditions at the Respondent facility, including unclean bathrooms, and unsupervised children. An investigator employed by the Petitioner was assigned to inspect the facility. He visited the child care center on the afternoon of March 1, 2001, and recorded his observations on an "inspection checklist." On March 1, 2001, the facility was observed to be "dirty and cluttered." One of the restrooms was unclean and apparently not functional. Additionally, three infants were left alone in a room without adult supervision. The closest adult to the infant room was conducting business with a customer and was not within sight of the children.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department of Children and Family Services enter a Final Order imposing a fine of one hundred dollars ($100) against the Respondent. DONE AND ENTERED this 29th day of August, 2001, in Tallahassee, Leon County, Florida. WILLIAM F. QUATTLEBAUM 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 29th day of August, 2001. COPIES FURNISHED: Craig A. McCarthy, Esquire Department of Children and Family Services 400 West Robinson Street, Suite 1106 Orlando, Florida 32801 Carol Wiggins Central Avenue Child Care 1221 South Washington Avenue Apopka, Florida 32703 Virginia A. Daire, Agency Clerk Department of Children and Family Services 1317 Winewood Boulevard Building 2, Room 204B Tallahassee, Florida 32399-0700 Josie Tomayo, General Counsel Department of Children and Family Services 1317 Winewood Boulevard Building 2, Room 204 Tallahassee, Florida 32399-0700
The Issue The issue in this case is whether Respondent's license to operate a child care facility should be revoked for alleged violations of Chapter 402, Florida Statutes (2002 through 2005),1 and Florida Administrative Code Chapter 65C-22 as set forth in the Administrative Complaint.
Findings Of Fact The Department is the state agency responsible for licensing and disciplining child care facilities. In carrying out its responsibilities, the Department conducts routine inspections of child care facilities, as well as inspections based on any complaints concerning a child care facility. Youth in Action is a child care facility located in Panama City, Florida. On February 5, 2003, Dia Green, who at that time was employed by the Department, conducted an inspection of Youth in Action based on a complaint. Ms. Green observed children in the two, three, and four-year-old age groups going to the restroom without direct supervision. A child at Youth in Action scratched his nose while going down the slide. Staff at Youth in Action did not document the incident on the day that it occurred. The facility did not have a staff person trained in first aid present during all operating hours. On March 10, 2003, Ms. Green made a routine inspection of Youth in Action. She found that Youth in Action had no documentation to show that monthly fire drills had been completed. On January 6, 2004, Ms. Green conducted a routine inspection of Youth in Action. Again, she found that Youth in Action lacked documentation to show that monthly fire drills had been completed. There were broken furniture and toys that needed to be removed from the facility. The immunization records for some of the children being cared for at the facility were incomplete. By letter dated January 22, 2004, the Department advised the owner/operator of Youth in Action, Sherlene McClary, that Youth in Action's license was being changed to provisional for failure to have a director meeting the credentialing requirements of Subsection 402.305(2)(f), Florida Statutes (2003). The provisional license was effective January 2, 2004, through June 1, 2004. On April 28, 2004, Lee Anne Case, a child licensing counselor employed by the Department, inspected Youth in Action. She found the staff-to-child ratio was not sufficient for different age groups. There was one staff person for seven children in the 0 to 12-month-old group. There was one staff person for seven children in the one-year-old group. There was one staff person for nine children in another one-year-old group. There was one staff person for 16 children in the two- year-old group. Ms. Case observed that, when the children were coming in from the playground, Youth in Action staff were leaving a child on the playground. The cook for the facility noticed the child and brought it to the attention of staff. Ms. Case found that areas in the facility were not in good repair. The carpet was dirty, had holes, and was fraying on the edges, creating tripping hazards. The thermostat was hanging by wires from the wall, and, when the thermostat was touched, the lights would flicker. There was a five-inch hole in the wall leading directly to the outside. The floor mats on which the children napped were torn. The bathrooms lacked supplies such as paper towels, soap, and toilet paper. During the April 28, 2004, inspection, Ms. Case found that diaper changing in the infant room was being done on a surface that was not impermeable. The container for soiled diapers was not covered and was accessible to children. Ms. Case also observed indoor and outdoor equipment which was not safe. Inside the facility, a changing table was broken, the power cord to a portable radio was accessible to children, and the air conditioning unit was not properly mounted, leaving sharp corners exposed. On the playground, there were exposed roots, which created a tripping hazard; broken toys were left in the area; and a picnic table was pushed up to the fence negating the required four-foot height requirement for the fence. Additionally, during the April 28, 2004, inspection, Ms. Case found that there was a lack of documentation to show that some of the staff members had completed the required 40-Hour Introductory Child Care Training. Personnel records for some of the staff were missing. The Department gave Youth in Action until May 5, 2004, to correct the deficiencies in the torn and dirty carpet, the thermostat, the hole in the wall, the debris and broken toys on the playground, the picnic table pushed against the fence, the air conditioning unit, the power cord to the radio, the personnel records, and the training requirements. On May 7, 2004, Youth in Action was re-inspected to determine if the deficiencies had been corrected. The carpet had not been repaired or cleaned. The hole in the wall had been filled loosely with paper towels. The playground still contained debris and leaves were piled next to the fence, eliminating the four-foot fence requirement. Sleeping mats were torn. The diaper changing in the infant room was being done on an impermeable surface. The deficiencies related to the changing table and the air conditioning unit had not been corrected. The deficiencies in the training documentation and the personnel records also remained uncorrected. Youth in Action was given until May 10, 2004, to make the necessary corrections. It was also noted during the May 7, 2004, inspection that the facility had a staff-to-children ratio deficiency. One staff person was observed with seven infants. One staff person was with seven children in the room for one-year-old children. In a second room with one and two-year-old children, there was one staff person for seven children. In one group of three and four-year-old children there were 17 children and one staff person. On May 13, 2004, another inspection was made of Youth in Action to determine if the deficiencies found on May 5, 2004, had been corrected. On May 13, 2004, sleeping mats in the one- year-old room were torn and needed to be replaced; the diaper changing pad was still torn; and the sharp corners of the air conditioner had not been eliminated. On August 11, 2004, Jason Kesterman, an employee of the Department, inspected Youth in Action. He found that the facility's plan of scheduled events was not posted in a place accessible to parents. Paper towels or air dryers were not available and within reach of the children in the bathroom next to the one-year-olds' room. Some of the staff of the facility had not completed the 40-hour mandatory training course within the allotted time frame, and some lacked the ten-hour training course. One of the staff did not have documentation of the initiation of training within the allotted time. The first aid kit for the facility lacked moist wipes and rubber gloves. On November 12, 2004, Ms. Case inspected Youth in Action. Numerous deficiencies were noted. There was an insufficient ratio of staff to children. There was one staff person for 16 children when there should have been two staff members. During nap time, there was insufficient staff accessible for the one-year-olds. Ms. Case observed a heavy- duty bathroom cleaner that was accessible to children. The floor mats for napping were torn. Staff did not clean and disinfect the diaper changing surface after each use. The pad on the diaper changing table was torn. The ground cover within the fall zone of the swings was not maintained. A rocking fish toy had sharp and jagged handles. One of the staff did not have documentation of one of the required ten-hour training courses. The director of the facility was not onsite a majority of the hours of operation. The first aid kit for the facility did not contain a thermometer, moistened wipes, and a guide on first aid. The facility did not have a staff member trained in current infant and child cardiopulmonary resuscitation present during all hours of operation. Diaper ointment was dispensed without written authorization from the parent. Some of the children did not have documentation of a student health examination. Personnel records for some of the staff were incomplete. On December 2, 2004, the Department issued an Administrative Complaint assessing a $500 fine against Youth in Action for failure to supervise a 19-month-old child who walked away from the facility. Youth in Action paid the $500 fine. On January 27, 2005, the Department notified Youth in Action that its license was being placed on provisional status effective December 1, 2004, for repeated violations of Florida Administrative Code Chapter 65C-22. The provisional license was to remain in effect until June 1, 2005. The Department advised the facility that inspections in addition to the routine inspections would be made of the facility to monitor the facility's compliance with Florida Statutes and the Florida Administrative Code. The facility was notified that "failure to immediately correct documented violations during your facility's inspections will leave the [D]epartment no alternative but to seek revocation of your license." Sherrie Gainer, an employee of the Department, inspected Youth in Action on January 19, 2005. She found cleaning supplies that were accessible to children as well as knives in a lower kitchen cabinet that was accessible to children. This deficiency was corrected at the time of the inspection. Ms. Gainer found that the director's file was not located at the facility. Some of the children's files were incomplete. Some of the personnel files for staff were incomplete. Youth in Action was given until January 31, 2005, to correct the deficiencies. On March 2, 2005, Ms. Gainer inspected Youth in Action. She found that there was a deficiency in the staff-to- child ratio. One group of children had seven three and four- year-old children and one one-year-old child. Such a mix required the supervision of two staff and only one staff was supervising. Ms. Gainer inspected Youth in Action on March 22, 2005. She found that the facility did not have complete records for some of the child care personnel. In response to a complaint, Ms. Gainer inspected Youth in Action on May 4, 2005. She found a staff-to-child ratio deficiency. There should have been two staff persons for eight children, but there was only one staff person supervising the children. She observed that there was an uncovered vent in the ceiling of the bathroom that allowed rain to enter the facility and that the toilet seats were loose. Ms. Gainer inspected Youth in Action on October 11, 2005. She found that the facility did not have documentation to show completion of a five-hour literacy training course by June 30, 2005, for staff hired on or before December 31, 2004. Additionally, records or copies of records were not being maintained at the facility for review by the Department. Files were being maintained across the street from the facility. On November 14, 2005, Ms. Gainer again inspected Youth in Action. A bathroom light did not work. Cleaning supplies in the kitchen were accessible to the children. Bedding did not fit against the crib, leaving a big gap. The bedding was dirty and brown in color. Several sheets found on the infant beds were badly stained. On November 29, 2005, Ms. Gainer re-inspected Youth in Action. Cleaning supplies in the kitchen were accessible to the children. A radio cord was hanging within reach of the children in the toddlers' room. Ms. Gainer inspected Youth in Action on December 20, 2005. There was a deficiency in the staff-to-children ratio. Two staff were needed for five children in the infant group, and only one staff person was supervising the five children. Ms. Gainer observed that the white lattice by the walkway was coming undone. On February 23, 2006, Ms. Gainer inspected Youth in Action and noted a staff-to-children ratio deficiency. There was one staff person supervising seven children, consisting of four one-year-olds and three two-year-olds. Two persons were required to supervise that particular age group. Based on a complaint, Ms Gainer made an inspection of Youth in Action on March 1, 2006, and she observed another staff-to-children ratio violation. One staff person was present with 18 children, three of whom were one-year-old and 15 of whom were two and three-year-old. Based on another complaint, Ms. Gainer made an inspection of Youth in Action on March 13, 2006. She found there were 13 children in one room watching television with one staff person. There were seven one-year-old children in with a group of two, three, and four-year-old children. On April 12, 2006, Ms. Gainer was advised by an employee of Youth in Action that the director of the facility was employed full time by the local school district and was not at the facility a majority of the operating hours. On April 13, 2006, Ms. Gainer inspected Youth in Action and found that the emergency plan was not posted. She observed a volunteer left alone supervising three one-year-old children in a classroom.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding that Youth in Action violated Section 402.305, Florida Statutes, and Florida Administrative Code Rules 65C-20.001, 65C-20.002, 65C-20.003, 65C-20.004, and 65C-20.006, and revoking it license to operate a child care facility. DONE AND ENTERED this 29th day of January, 2007, in Tallahassee, Leon County, Florida. S SUSAN B. HARRELL 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 29th day of January, 2007.
The Issue The issue is whether Respondent violated Florida Statutes and Rules concerning the delivery of childcare services and should receive fines and other penalties in accordance with Florida law. For the reasons set forth more fully below, Petitioner violated certain provisions of the Florida Statutes and Florida Administrative Code and should be subjected to fines and probation.
Findings Of Fact Respondent 3 in 1 Learning Center (the Center) is a child care facility licensed by the Department. A licensed child care facility has the responsibility for providing care to those children who have been placed in its care. Families in Duval County rely upon the Department to monitor child care facilities and ensure compliance with the Florida Statutes and Department's administrative rules. On March 15, 2010, Family Services Counselor Meike Rice received a complaint regarding the Center. The complaint alleged that the Center was transporting children in its 15-passenger van from Head Start to the Center without meeting the proper requirements. Transporting children in a van without the appropriate seat belts or child safety restraints is a dangerous activity that could result in death or serious injury. Ms. Rice visited the Center on March 15, 2010, and saw the van with the engine running and two staff members, Latrice Evans and Lisa Perkins, sitting in the front seat. Ms. Rice asked the staff to turn off the van. She then looked inside the van and observed young children without proper seat belt restraints or car seats. There were eight children in the van. The first row had one child; the second row had two children sharing a seat belt; the third row had two children; and the last row had three children, one of whom was crawling around, one of whom was in a car seat, and one of whom was on the bench seat. Ms. Rice spoke to the van driver, Latrice Evans, and the passenger, Lisa Perkins, whom she knew better as Arial Perkins, and told them of her concerns regarding the complaint and their transportation of the children. Ms. Rice documented on her complaint review that the driver lacked a driver's license, and that her personnel record did not have a copy of the certification to grant them approval to transport children. Moreover, the van had not been certified by the Department as appropriate for transporting children in a day care facility setting. Ms. Rice had been previously informed by Ms. Perkins that she was employed by the facility since December of 2009, but the staff was unable to provide any documentation of her employment history on the date of Ms. Rice's visit. Ms. Rice found that Ms. Perkins was missing Form 5131, the background screening and personnel file requirement form; verification of her employment for the past two years; documentation of an attestation of good moral character; and a fingerprint card for purposes of conducting the state and federal criminal checks. Ms. Perkins was employed by the Center from November 16, 2009, until January 2010, and was only visiting the Center on the date of Ms. Rice's visit. After observing the van, Ms. Rice entered the Center to conduct a count of the children and to review the Center's records. In the Center, Ms. Rice counted 19 children, putting the Center at its licensed capacity. However, when the eight children in the van were counted, the Center far exceeded its licensed capacity. Ms. Rice informed the Center's director, Ms. Wallace, that she needed to call parents to pick up their children in order for the Center to get back into compliance with its licensed capacity. Ms. Rice spent about two hours at the Center on her March 15, 2010, visit. Ms. Rice issued an Administrative Warning letter to the facility regarding its overall licensed capacity, room capacity, transportation logs, and lack of background screening documents. Ms. Rice returned to her office to address the matters she discovered while investigating the complaint. Ms. Rice and her supervisors determined the violation based upon the lack of proper child restraints for the young children in the van was a Class I violation from which a fine could ensue in the amount of a minimum of $100 to a maximum of $500. The Department decided to impose the maximum fine of $500 based on the number of children who were lacking the required safety restraints and the lack of seat belts. Violation 2 was based upon the employment history check of Ms. Perkins. Since this was the third Class II violation against the Center, having had previous violations on June 23, 2009, and November 10, 2009, the fine would be $60 per each day of violation. Ms. Rice found no documentation at the time of her inspection concerning Ms. Perkins' employment history, and therefore, made the beginning point for calculating the fine December 31, 2009, and culminating on her March 15, 2010, visit, for a total of 49 days. At $60 per day, the fine amounted to $2,940. Violation 3 was based on the lack of a fingerprint card for Ms. Perkins. This was the first occurrence of violating the standard, the Center having been previously cited on November 10, 2009, with a warning, so a flat $50 fine was imposed. Violation 4 concerned having the attestation of good moral character on hand for an employee. The Center was previously cited three times for this offense. This Class III violation was documented on June 23, 2009, November 10, 2009, and December 1, 2009. Using the same time period as she used for the other major fine, Ms. Rice issued a fine of $30 per day for 49 days, totaling $1,470. Ms. Rice received by fax a copy of the local background check, a copy of the fingerprint card, a copy of final disposition of a criminal case, and a copy of an FDLE report on March 16, 2010, concerning Ms. Perkins. This reinforced her belief that Ms. Perkins was employed by the Center. Ms. Rice worked closely with the Center's director, Ms. Wallace, on each visit to ensure the staff files were reviewed and contained the required information. Ms. Wallace, the director of the Center since November 29, 2009, provided at the hearing exhibits regarding Ms. Perkins, many of which were not previously provided by fax to Ms. Rice. These exhibits included: Ms. Perkins reference check form; her background screening and transfer request; her employment history; her Background Screening and Personnel File Requirements form; her CPR and first aid cards; her Application for Employment in a Child Care Facility; her Attestation of Good Moral Character; her Child Abuse and Neglect Reporting Requirements Acknowledgement; her Application for Employment; her FDLE records check; her Sheriff's Office record check; her fingerprint card; and her letter of discharge dated January 6, 2010. These documents demonstrate that Ms. Perkins was an employee at the Center until January 6, 2010, but not on the date of Ms. Rice's inspection, March 15, 2010. Charles Smith, the Owner of the Center, did not dispute the violations concerning the eight children in the van.
Recommendation Based upon the Findings of Fact and Conclusions of Law, RECOMMENDED that the Department issue a final order imposing a fine of $500 against Respondents and placing 3 in 1 Childcare and Learning Center on probationary status for six months. DONE AND ENTERED this 15th day of November, 2010, in Tallahassee, Leon County, Florida. S ROBERT S. COHEN 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 15th day of November, 2010. COPIES FURNISHED: Charles Smith 3 in 1 Childcare and Learning Center 4025 Emerson Street Jacksonville, Florida 32207 Roger L. D. Williams, Esquire Department of Children and Family Services 5920 Arlington Expressway Jacksonville, Florida 32231 George H. Sheldon, Secretary Department of Children and Family Services Building 1, Room 202 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Gerald B. Curington, General Counsel Department of Children and Family Services Building 2, Room 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Gregory Venz, Agency Clerk Department of Children and Family Services Building 2, Room 204B 1317 Winewood Boulevard Tallahassee, Florida 32399-0700
