. .. .H?k Florida Department or Children Families State of Florida $13333? - Department of Children and Families Lucy D. Hadi Secretary Ann M. Berner District Administrator CERTIFIED MAIL NUMBER 7001 0320 0003 4108 3440 Return Receipt Requested July 28, 2006_ Little Golden Angels Academy Attn: Lillie Lester Jones 415 Montgomery Ave Lakelnd, FL 33801 Subject: Denial of Child Care Facility License No. C14P00053 Dear Ms. Jones: Please be advised that the Department is denying your application to operate a Child Care Facility in accordance with section 402. STD-and 402.313, Florida Statutes. This decision is bsed on your failure to properly supervise children and having multiple code and statute violations within the pest eighteen months. On July 14, 2006. your facility left a Mo-year-old child unattended and unsupervised at a local park for at least one hour after a field trip. This placed the child in severe danger as there were no adults on?site responsible for this child?s safety and well being. The child was fortunate enough to have a local citizen recognize the situation and care for her until authorities arrived. Your lack of proper care for this child violated section Florida Administrative Code (F.A.C.). This field trip also violated section F.A.C., pertaining to staff- to-child ratio. Only three staff mmbers were present at the park during the field trip. This field trip was taken with the use of a van to transport the children. You stated to your licensing inspector. on March 15, 2006. that you do not transport children. The sign-out log showed 22 children were present that day. Your field trip included at leastone child who was one year old. The ratio required during that trip would include ?ve staff members. This information was gathered during the July 17, 2006. complaint inspection. Se attached exhibit A. Also during the July 17, 2006, complaint inspection your facility was found to be non-compliant regarding having proper papenrvork for the driver of the vehicle utilized during a field trip. There was no driver's licensenor was there a driver?s physical on ?le for the driver of the van. This violated section FAQ. See attached exhibit A. During the July 17, 2006, complaint inspection your facility was found to be non-compliant regarding having proper paperwork on ?le for the van utilized for the field trip conducted on July 14, 2006. There was no documentation on file showing that the van has been inspected nor was there any documentation on file showing the van had proper- insurance. This was a 47?? 13-2030 Mission: Protect the W. Self-Sufficient Families, and Department Exhibit Little Golden Angels 2 violation of section F.A.C., and chapter 316.615. Florida Statutes. See attached exhibit A. During the July 17, 2006. complaint inspection your facility was found to be non-compliant regarding having proper seat belts andlor child restraints in the van utilized during the July 14, 2006. ?eld trip. Your tranSportation log shows that you transported at least 21 children to the park for the field trip. Your statements made to the inspector reveal that you sent three staff persons on this van with the children. You also stated that this is an 18-passenger van. This would leave at least six people without seat belts. At a minimum four children would have been without seat belts. This violated section F.A.C. See attached exhibit A. was also found to be non-compliant regarding the proper maintenance of the transportation log during the July 17, 2006. complaint inspection. The transportation log (attached Exhibit J) for the July 14. 2006, ?eld trip does not show a destination, date. and signatures. This violates section F.A.C. See attached exhibit A. Also during this inspection. conducted on July 17. 2006. your facility was found to be non- compliant regarding permission slips for this specific ?eld trip. The facility did not secure written permission either in the form of a general permission slip or prior to each ?eld trip activity from the parent or legal guardian. This is a violation of section F.A.C. See attached exhibit A. Your facility was also found to be in violation of section .A.C., which refers to enrollment information as it is to be kept on file and current. See attached exhibit A. On July 12, 2006, a re-inspection was conducted at your facility. Your facility was found to be non-compliant regarding individual bedding. as three mats were torn. This is a repeat violation. This violates section F.A.C. Also during this inspection, your facility was found to be non-compliant regarding children's health records. A student health examination was not on ?le for a child. This is a repeat violation. This situation is a violation of- section 650- F.A.C. Your facility was also found to be non?compliant regarding proper screening of personnel. This is a repeat violation. A person working at your facility did not have a current Af?davit of Good Moral Character. This is a violation of chapter F.S. See attached exhibit B. On June 26. 2006, a renewal inspection was conducted on your facility. During this inspection your facility was found to be non-compliant in many areas. Areas of the facility were not in good repair as the air conditioner was broken and was leaking water into the hallway where children walk. This is a violation of section F.A.C. Your facility was also found to be non-compliant regarding shade in your playground. Your facility did not provide shade for the children during outdoor playtime. This is a violation of section Also during this'inspection, your facility was found to be non-compliant regarding training requirements. Your facility did not have documentation to show completion of the introductory course in child care for personnel. This is a violation of chapter F.S. Your facility was also found to be non-compliant regarding the ?rst aid kit. Your ?rst aid kit was missing the ?rst aid booklet. which is a violation of section F.A.C. Also durin this inspection, your facility was found to be non-compliant regarding children's health records. Children were missing immunization records, health examinations, and complete immunization records. This is a repeat violation. This is a violation of section .A.C. Your facility was also found to be non-compliant regarding screening documentation (repeat violations). as personnel were missing an Affidavit of Good Moral Character. Level 2 screening. Little Golden Angels 3 and you were employing a person who was charged and convicted of a disqualifying offens . This is a violation of chapter F.S. See attached exhibit C. A routine inspection was conducted on your facility on March 15. 2006. This inspection revealed many non-compliant items. Your facility was found to be out of ratio as there was one staff member for 17 children, including two and three-year olds. This is a violation of chapter F.S. Your facility was also found to be in violation of chapter F.S., as staff personnel did not enroll into the introductory course in child care within the first 90 days of employment. Your facility was found to be non-compliant regarding the labeling of bottles. Bottles were not labeled with ?the children's ?rst and last names. This is a repeat violation. This is a violation of section F.A.C. During this inspection, your facility was found to be non-compliant regarding personnel records. Personnel did not have an application. Personnel were missing the employee supplemental statement. Personnel were missing employment history veri?cation. Personnel were missing a signed statement'that the statutory requirements for reporting child abuseinegiect were understood. These were repeat violations. This is a violation of section F.A.C., and chapter F.S. Your facility was also found to be non-compliant regarding daily attendance as the attendance records did not include times of children's arrival and departure. This is a violation of section F.A.C. it was also during this inspection that you stated to the inspector that you do not transport children. This statement contradicts the fact that you indeed transport children, as is evident based on the ?eld trip taken on July 14. 2006. See attached exhibit D. A routine inspection was conducted on your facility on November 9. 2005, which found you in violation of F.A.C.. stating that the facility?s mergency evacuation plan was not posted in each room. See attached exhibit, E. A renewal inspection was conducted on your facility on July 1, 2005, and revealed many non- compliant items. Your facility was found to be non-compliant regarding toxic materials as paint cans and cement bags were accessible to children. This situation violates section 650- .A.C. ?Your facility was also found to be non-compliant regarding fencing as the fence was not secure to the poles. which posed a danger as children could have crawled under the fence. This is a violation of section F.A.C. Also during this inspection it was found that personnel were not enrolled in the required training, personnel did not have the required literacy training, and personnel did not complete the required training within one year. This situation violates section .A.C., and chapter F.S. Personnel at your facility also failed to complete required in-service training, which is a violation of section F.A.C. Your facility was found to be non-compilant-regarding the first aid kit, as it was missin Meezers, soap, and cotton balls. This is a violation of section F.A.C. Also during this inspection it was found that your facility was in violation of as a complete ?le was not kept for personnel. Your facility was found to be non-compliant regarding screening documents as a'Levei 2 screening was missing for personnel. This is a violation of F.A.C. See attached exhibit F. A reinspection was conducted on your facility on March 4, 2005. and found that you were out of compliance regarding cleanliness. There was evidence of a rodent infestation at your facility. Mouse droppings and a dead mouse were observed in your facility. This is a violation of section F.A.C. Also during this inspection. it was found that your facility was non- compliant rearding individual bedding as not all of the mats were covered with an impermeable surface. This situation violates section F.A.C. Your facility We also non? compliant regarding ?re drills as no documentation of a fire drill had been recorded for the Little Golden Angels 4 month of February. This situation violates section .A.C. Your facility was found to be non-compliant regarding indoor equipment being safe as high chairs did not have safety straps and the plastic cushions on the high chairs did not have an impermeable surface. This is a violation of section F.A.C. See attached exhibit G. A routine inepection was conducted at your facility on February 15, 2005. and found many non- compliant items. Your facility was found to be non-compliant regarding cleanliness as areas needed to be cleaned. The refrigerator had broken eggs dried in the door. Several gallons of expired milk were observed. There were mice droppings found in the kitchen drawers. The dining floor needed to be cleaned and vacuumed. This situation is a violation of section 650- F.A.C. Your facility was also non-compliant rearding toxic materials as Super Strength cleaner and Magic Power Glass Cleaner were accessibleto the children. This is a violation of section F.A.C. Floor mats were not covered with an impermeable surface. which is a violation of section F.A.C. The linens were not sanitary, as the linens had not been washed in a couple of weeks. This is a violation of section 650- F.A.C. Your facility was found to be non-compliant regarding window screens, as a window was left open without a screen in the infant room. This is a violation of section 650- F.A.C. A staff member was observed to not wash their hands after diapering a child. This is a violation of section ., Also found during this inspection was a violation of a sanitary diapering area. A basin with running water was not available in the infant room or an adjoining room. This is a violation of section F.A.C. A container for storage of soiled diapers was not covered. which is a violation of section 650- F.A.C. Your facility was also found to be non-compliant regarding bottles being stored in a sanitary manner. Formula brought to the facility was not properly refrigerated. A bottle was found in a diaper bag for a child who arrived almost two hours prior to inspection. This is a violation of F.A.C. See attached exhibit H. On June 9, 2006. all child care facilities, including Little Golden Angels. were sent a letter detailing the rules, regulations, and forms regarding the transportation of children to and from the facility. See attached exhibit K. The Department denying your application for a license to operate a child care facility. This decision is based on the facts-set forth above in this letter. Additionally. your facility has already been ?ned $150 dollars in the past for repeat violations (see attached Exhibit The lack of compliance displayed by your, facility and the leaving of a child alone at a park shows that you cannot properly ensure the welfare and safety of the children placed in your care on a regular basis. Little Golden Angels 5 NOTIFICATION OF RIGHTS You have a rig ht to request an administrative hearing: to be represented by counsel or other qualified representative; to call witnesses; to present evidence; and. you have other rights. If you desire to request a hearing or answer this administrative complaint. you must do so in writing and must include the following information. 1. The name and address of each agency affected and each aency?s ?le or identi?cation number if known. The name, address. and telephone number of the petitioner (person requesting the hearing). Also, the name, address and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding. An explanation of how the petitioner's substantial interest will be affected by the Department's action. A statement of when and how you received notice of the Department's decision. A statement of all disputed issues of material feet. If there are none. you request for hearing must indicate this. A concise statement of the?uitimate facts you allege. as well as. any rules and statutes which you think entitle you to relief. A statement for relief. that is, what you think the Department should do. Except for good cause shown, factual matters alleged in this administrative complaint that you fail to deny in your request for hearing (or answer) shall be presumed to be admitted. Your failure to raise a particular defense'will be considered waiver of any such defense. Any new matter you raise in your request for hearing (or answer) shall be presumed as denied by the Department. Evidence shall not be taken on any issue not raised in this administrative complaint or your request for hearing (or answer). Little Golden Angels 6 REQUEST FOR HEARING If you want to request a hearing or file a formal answer to this administrative complaint, you must send your written request or answer to: Shelia Nobles, Supervisor Child Care Licensing Department of Children and Families 4720 Old Highway 37 South Lakeland. FL 33813 This administrative complaint is issued pursuant to sections 120.569 and 120.57, Florida Statutes. Any hearing or proceeding of any kind concerning this complaint shall be conducted pursuant to the Model Rules of Procedure, Chapter 28?406, Florida Administrative Code. Unless the Department receives a request for hearing within fifteen (15) days after you receive this letter, you will have given up your right to request a hearing or contest this action. If you fail to request 'a hearing, this letter becomes the fin order of the William Wright, Inspector Child Care Licensing - Department of Children Families 4720 Old Highway 37 LakelandI FL 33813 County of Polk State of Florida Subscribed and sworn to before on 0'1 by William Wright, an employee of the Department of Children and is ersonally known to me. Eatery Public, Stat: of Flor-Ea an? Sandra Kay Kneip 1" 3 Commission DD553002 a Expires May 21, 2010 as team I'lln - inn ill STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES DEPARTMENT OF CHILDREN AND FAMILY SERVICES CASE NO. 06-3324 . RENDITION NO. Petitioner, V. LITTLE GOLDEN ANGELS ACADEMY, Respondent. ORDER CLOSING FILE THIS CAUSE is before me as the result of the attached Order Closing File issued by the Administrative Law Judge assigned to case by the Division of Administrative Hearings (DOAH). The undersigned, having reviewed respondent?s Notice of Voluntary Dismissal and being fully advised. it is therefore, ORDERED that respondent?s request for hearing is DISMISSED, and the Department?s ?le in this proceeding iS hereby closed. DONE and ORDERED this I day of (Lusty? 2007 in Tallahassee. Leon County, Florida. I *1 II: [4:11) VEN Agency Clerk Department of Chi ran and Families Exhibit NOTICE OF RIGHT TO APPEAL A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DEPARTMENT OF CHILDREN AND FAMILIES. AND A SECOND COPY ALONG WITH FILING FEE AS PRESCRIBED BY LAW, IN THE FIRST DISTRICT COURT OF APPEAL OR IN THE DISTRICT COURT OF APPEAL WHERE A PARTY RESIDES. REVIEW PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA RULES OF APPELLATE PROCEDURE. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies of this Final Order are being furnished to: Jerome F. Major Charlotte R. Adderley, Esquire District 14 Chief Legal Counsel 123 North Kentucky Avenue, Suite 219 Department of Children and Family Services Lakeland, FL 33801 4720 Old Hwy. 37 Lakeland, FL 33813 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing FINAL ORDER has been sent by U.S. Mail or by hand delivery to each of the persons named above on this 7 day of rpm. 2007. Veyfi. Agency Clerk Department ofiChildren and Families 1317 Winewood Blvd. Bldg. 2, Room 204x Tallahassee. FL 32399-0700 FEW PRIMER MD. 3 4375189515 Jul. 89 BUSEFN F1 Narraw Door mammal Guun?i at God MUM. rm: Hahn P.O. Box 838 mm cw. FL 33m (863) 421-0192! (863)292-8650 Nw?l?h??i?mmy i DATE: Juty mm RE: lfy?u ham ?uke mm SM, @7321: Dr Fabio chapam - TBIIE Wu! 313 #5 :91 -. Department Exhibit