The Issue Should the Gold Seal Quality Care designation of Respondent, Naples Preschool Academy, LLC (Academy), be terminated under the authority of section 402.281(4)(a), Florida Statutes?
Findings Of Fact The Parties DCF is the state agency charged with the responsibility of regulating child care facilities operating in the State of Florida. At all times material to the allegations of this case, the Academy operated a child care facility under Certificate No. C202O0107. The Academy's facility is located at 1275 Airport Road South, Naples, Florida. The Academy operates as a Gold Seal Quality Care Provider. Ms. Rihani is the Academy's owner. Ms. Rea was the Academy’s director at the time of the incident. Samantha McClain is the current director of the Academy. Events Giving Rise to this Proceeding In this case, DCF alleged the Academy failed to timely report an incident of possible child abuse as required by Florida law. On November 29, 2017, D.M., a minor child, was dropped off at the Academy by his father. At some time that morning, D.M. was observed to have a dark area under one eye and injuries on his backside. D.M.’s teacher saw the injuries and took D.M. to the director’s office. The Academy’s staff took photos of D.M., showing both his face with the dark area under one eye and multiple bruises and injuries to his backside. On November 29, 2017, at the end of the day, D.M. was allowed to go home with his father. Ms. Rea called the Abuse Hotline shortly after the Academy opened on November 30, 2017, to report the suspected abuse of D.M. DCF sent Ms. Fracek, a Child Protective Investigator, to the Academy on November 30, 2017. Ms. Fracek observed significant bruising to multiple parts of D.M.’s body. Ms. Fracek sheltered D.M. from his father on November 30, 2017. Ms. Rea maintained that she called the abuse hotline on November 29, 2017, but there is no record of the call. The Academy failed two routine inspections (December 21, 2016 and December 8, 2017), and a renewal inspection (April 3, 2017). All three inspections found the Academy to be out of compliance with licensing standards, and guilty of either Class II or Class III violations. The Academy admitted the violations and agreed to pay the financial penalty of $25.00 for the Class II and III violations. As a Gold Seal Quality Care provider, the Academy is subject to licensing inspections to ensure compliance with all DCF regulations. After investigating the abuse allegation, the DCF counselor determined that the Academy failed to timely report the incident of suspected child abuse. According to Florida Administrative Code Rule 65C-22.010, suspected child abuse is to be reported to the hotline without delay. The failure to do so constitutes a Class I violation of child care licensing standards.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner, Department of Children and Families, enter a final order revoking Respondent, the Naples Preschool Academy, LLC’s Gold Seal Quality Care designation, and imposing a fine of $525.00. DONE AND ENTERED this 23rd day of August, 2018, in Tallahassee, Leon County, Florida. S LYNNE A. QUIMBY-PENNOCK 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 23rd day of August, 2018.
The Issue Whether the Petitioner correctly cited the Respondent with a Class I violation when the Respondent left an unscreened individual to supervise children in the Respondent’s care, and, if so, is the proper penalty an imposition of a $100.00 fine and termination of the Respondent’s Gold Seal designation.
Findings Of Fact KinderKids is a child care facility licensed by the Department as License No. C11MD1905. KinderKids is located at 26049 South Dixie Highway, Naranja, Florida 33032. Fatima Zaldiba ("Zaldiba") owns and operates KinderKids. KinderKids has been in operation since January 1, 2011. The Department awarded KinderKids a Gold Seal on July 11, 2012. KinderKids offers a full readiness program, infant care, and an aftercare program. On March 12, 2015, Zaldiba informed Raimy Coipel ("Coipel"), the pre-K age four teacher and afternoon director, that a volunteer was coming to the school. Zaldiba instructed Coipel to train and supervise the volunteer with the four-year- olds for two hours. Zaldiba introduced Coipel to the volunteer, Marilys Perez ("Perez"). Coipel took her 12 four-year-old children to the playground area with Perez around four thirty in the afternoon. Coipel left her 12 four-year-old children with Perez on the playground to go meet in the KinderKids' office with Yessenia Plata ("Plata"), the Department’s then family service counselor. Coipel asked Elsita Jalil ("Jalil"), a background- screened pre-K teacher, to supervise Perez and her class while she went to the office. Jalil agreed to watch the volunteer and Coipel’s class. Plata was assigned to conduct a complaint inspection at KinderKids regarding a child who allegedly cut his hand. Plata arrived at the school after four o’clock in the afternoon. Upon her arrival, Plata met with Coipel and Zaldiba regarding the abuse complaint. Plata briefed them about the complaint and took their statements regarding the complaint. Afterwards, Plata proceeded to walk the facility inspecting the center, going class-by-class checking the ratios of children. Plata took the ratios of the classes inside the building first. That same day Plata also checked the ratios of the children on the playground and Coipel escorted her around. Plata met Perez, the volunteer, who was outside on the playground watching Coipel’s four-year-old class. Plata questioned Perez about the abuse complaint. Jalil met Perez for the first time on March 12, 2015, when Coipel asked Jalil to supervise Perez and her classroom outside on the playground. Jalil never left Perez or the four- year-olds alone. Jalil remained on the playground at the same time with her three-year-old class supervising Perez and the four-year-old class the whole time Perez was with the children while Coipel was away.1/ After checking the ratios, Plata and Coipel returned to the KinderKids' office. Plata requested the employee files for Coipel and Perez, the two new individuals working at KinderKids who had not been there at the time of the last inspection, so that she could update their background screening and training. Zaldiba provided Plata Coipel's file, including the requested background screening. Zaldiba informed Plata that she did not have a background screening for Perez because she was on a trial period. Zaldiba even explained that she was not sure if she was going to keep her. Plata responded by telling Zaldiba that Perez had to leave the day care facility immediately because she did not have a background screening and that Coipel should take over the care of the four-year-olds. Zaldiba followed Plata's instructions and had Perez leave immediately. Plata informed Zaldiba that she was going to give her a Class I violation for having an unscreened person left with the children. Zaldiba explained to Plata that Perez was a volunteer she was trying out to determine if she was going to hire her at KinderKids. Zaldiba also tried to provide Plata with Perez’s Volunteer Acknowledgement Form, but Plata would not accept it.2/ Instead, Plata repeatedly requested a background screening document for Perez, which Zaldiba did not have for Perez. Since Plata had Zaldiba send Perez away from the facility, Plata was unable to verify Perez's position with her in person. Zaldiba tried to find Perez’s information and to make contact with Perez in front of Plata but was not able to do so. Plata requested a Department specialist in background screening to run Perez’s name and three individuals named Marilys Perez were found, but none of them looked like the person she had talked to on the playground earlier. Plata determined that no indicators existed for the abuse complaint and closed the case. However, Plata believed that Zaldiba came up with a story about Perez being a volunteer and that it was never proven to her, so she cited KinderKids with a Class I violation. Perez was never paid for her volunteer work. On March 17, 2015, the Department issued KinderKids an Administrative Complaint, citing the Respondent with a Class I violation of Standard #5, Supervision Rule, charging the facility with having Perez as an unscreened individual, left alone to supervise children in their care. The Administrative Complaint also terminated KinderKids Gold Seal designation. KinderKids contested the Administrative Complaint and requested a hearing.
The Issue Should the Gold Seal Quality Care designation of Respondent, Wonderland Day Care, Inc. (Wonderland), be terminated under the authority of section 402.281(4)(a), Florida Statutes (2015)1/ on account of a “class I violation?”
Findings Of Fact Wonderland is a child care facility licensed by Hillsborough County. Ms. Wilson owns and operates Wonderland. The Department awarded Wonderland a Gold Seal Quality Care designation effective May 9, 2011. The Department’s letter advising Wonderland that it had been awarded the Gold Seal designation also advised Wonderland that to maintain the Gold Seal it must not have a “class I violation.” (Ex. 2). Wonderland’s application for a sales and use tax exemption, signed by Ms. Wilson, stated that to qualify for the exemption the application must hold a “current Gold Seal Quality Care designation as provided in s. 402.281, F.S. ” (Ex. 3). Section 402.281(4)(a) states that a child care provider must not have any “class I violations” in order to maintain its Gold Seal designation. Ms. Wilson knew, or should have known, that a “class I violation” would result in the loss of Wonderland’s Gold Seal designation. On April 20, 2015, Hillsborough County’s Children and Youth Services issued an Administrative Complaint (Complaint) against Wonderland proposing to administer a “class I violation” based upon a determination that Wonderland did not provide adequate supervision for the children. Specifically, the Complaint charged that on March 5, 2015, a four-year-old child left the facility and walked across the street without the staff’s knowledge. The Complaint told Ms. Wilson that Wonderland had a right to request an administrative hearing to challenge the Complaint. Ms. Wilson chose not to challenge the Complaint. She elected for Wonderland to pay the proposed $250.00 fine. Ms. Wilson did not think of the effect accepting the Complaint would have upon Wonderland’s Gold Seal Quality Care designation. The Complaint did not advise of this collateral consequence. But, as found above, Ms. Wilson and Wonderland knew or should have known of it.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner, Department of Children and Families, terminate the Gold Seal Quality Care designation of Respondent, Wonderland Day Care, Inc. DONE AND ENTERED this 9th day of March, 2016, in Tallahassee, Leon County, Florida. S JOHN D. C. NEWTON, II 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 9th day of March, 2016.
The Issue The issues in this case are whether the Respondent's request for hearing was timely filed and whether the Gold Star Quality Care Provider designation of the Respondent should be revoked.
Findings Of Fact All times material to this case, Ms. Garcia was the licensed owner and operator of the Respondent, located at 109 Meriwood Drive, Kissimmee, Florida 34743. On December 23, 2009, an employee of the Petitioner arrived at the home to conduct an inspection, but the inspector was not permitted to enter the home. Upon further inquiry, the inspector learned that Ms. Garcia was not present in the home and that an unlicensed individual had been left to supervise the children, which was a violation of licensing standards. Ms. Garcia was not present at the time of the inspection because she had traveled to visit her dying father. On March 22, 2010, the Petitioner issued an Administrative Complaint seeking to impose a penalty of $225 against the Respondent for the licensing standard violation. The Respondent did not contest the allegations in the 2010 Administrative Complaint and paid the $225 fine by a money order dated June 6, 2010, to the Petitioner. The evidence fails to establish whether the Petitioner issued a final order relative to the 2010 Administrative Complaint, but the Petitioner's Proposed Recommended Order states that upon the Respondent's payment of the fine, the 2010 Administrative Complaint "became final agency action." On or about March 31, 2011, the Petitioner issued an Amended Administrative Complaint that stated as follows: YOU ARE HEREBY NOTIFIED that the Department has imposed a Civil Penalty in the amount of $225 and is revoking the facility's Gold Seal Quality Care Designation. The payment amount of $225 was received on June 07, 2010, however the amount of the original fine should have been $150 [sic] a refund will be mail [sic] to you in the amount of $75. This Administrative Complaint is being amended to include the Gold Seal Langue [sic] as the original Administrative complaint [sic] mailed June 3, 2010. As grounds for the imposition of this penalty, the Department states the following[.] Other than indentifying the statutory authority for termination of a facility's Gold Seal Quality Care Designation, the factual allegations set forth in the 2011 Amended Administrative Complaint were identical to those that had been set forth in the 2010 Administrative Complaint. The Amended Administrative Complaint identified the Petitioner's authority for revocation of the Gold Seal Quality Care Designation as follows: Gold Seal designation. The violation described in paragraphs [sic] one constitutes a Class I violation as defined in rule [sic] 65C-20.012(3)(b), Florida Administrative Code. Section 402.281, Florida Statutes, requires that the department terminate your Gold Seal designation as a result of this Class I violation. Therefore, the department is terminating your Gold Seal designation. You will be ineligible for Gold Seal designation until you have operated for a period of two years without a Class I violation. The Amended Administrative Complaint also included the following notice of the Respondent's right to contest the action: PAYMENT OF FINE, IF NOT CONTESTED Payment of this fine can be made directly to the Department of Children and Family Services by money order or cashier's check. The mailing address is Department of Children and Families; Child Care Licensing Office; 1507 North John Young Parkway; Kissimmee, Florida 34741; Attention: Child Care Licensing. [omitted]. IF YOU BELIEVE THE DEPARTMENT'S DECISION IS IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING TO CONTEST THE DECISION. YOUR REQUEST FOR AN ADMINISTARTIVE HEARING MUST BE RECEIVED BY THE DEPARTMENT WITHIN 21 DAYS OF THE RECEIPT OF THIS NOTICE. FAILURE TO REQUEST AN ADMINISTRATIVE HEARING WITHIN THE 21 DAYS PROVIDED SHALL CONSTITUTE A WAIVER OF THE RIGHT TO A HEARING. Notwithstanding the preceding instructions on how to pay a fine, the Amended Administrative Complaint also stated that the Respondent had already overpaid the fine and that a refund would be forthcoming. The Respondent failed to request a hearing within 21 days of the Amended Administrative Complaint. By letter dated May 17, 2011, the Petitioner advised the Respondent that the facility's Gold Seal Quality Care Designation was terminated as of April 26, 2011, the expiration of the 21-day period following the issuance of the Amended Administrative Complaint. By letter filed with the Petitioner on May 26, 2011, the Respondent filed a letter appealing the termination of the Gold Seal Quality Care Designation.
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 DISMISSING the March 31, 2011, Amended Administrative Complaint filed against the Respondent. DONE AND ENTERED this 21st day of December, 2011, in Tallahassee, Leon County, Florida. S WILLIAM F. QUATTLEBAUM 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 21st day of December, 2011. COPIES FURNISHED: Shane DeBoard, Esquire Department of Children and Families 400 West Robinson Street, Suite S-1129 Orlando, Florida 32801-1782 Maria T. Navas Y Garcia Garcia Family Day Care Home 109 Meriwood Drive Kissimmee, Florida 34743 Gregory Venz, Agency Clerk Department of Children and Families Building 2, Room 204B 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Drew Parker, General Counsel Department of Children and Families Building 2, Room 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 David Wilkins, Secretary Department of Children and Families Building 1, Room 202 1317 Winewood Boulevard Tallahassee, Florida 32399-0700
