Day care in Manatee fighting DCF’s decision to revoke license

A West Bradenton day care is fighting the decision of the Florida Department of Children and Families to revoke its license after an investigation revealed employees failed to take any action when a 6-year-old was exposing himself to other children.

The allegations of child neglect at No Limits Learning Academy came to light after the day care was abruptly closed on July 18 after DCF issued a no-contact order against the day care’s director, JoAnn Erickson, denying her access to provide day care for children for up to 90 days. The allegations involved Erickson and two other employees.

Parents say they were left scrambling for alternate care for their children and troubled by the lack of information they were given by staff.

Two investigations were initiated by the Manatee County Sheriff’s Office on July 11 when the allegations were reported. In addition to a criminal investigation, the sheriff’s office also handles all child welfare investigations for DCF in Manatee County.

Both investigations remain ongoing.

Now, DCF says that No Limits Learning Academy is fighting its decision to revoke the day care’s operating license.

On Aug. 28, a revocation order was issued that included an administrative complaint fining No Limits Learning Academy $1,600 for violations of supervision, access/child abuse or neglect/misrepresentation and meals/snacks, according to DCF spokeswoman Natalie Harrell.

“The facility has requested a hearing to contest the revocation and administrative complaint,” Harrell said. “The facility owners are allowed their due process rights and can remain open and operating until the hearing.”

No Limits Learning Academy had ceased operations, however, because of the 90-day no contact order against Erickson.

On July 11, when a child-care regulation inspector arrived at No Limits Learning Academy, there were 13 violations found: two Class 1 violations, four Class 2 violations and seven Class 3 violations, according to the inspection report. The inspection was prompted by a complaint.

In the category of supervision, the day care received a Class 1 violation because “one or more children were not adequately supervised in that (children exposed their privates on the playground) which posed an imminent threat to a child, or could or did result in death or serious harm to the health, safety or well-being of a child,” the report states.

There were multiple incidents when this occurred that staff at the day care had been aware, the inspector noted.

The day care’s faculty also received a Class 1 violation in the category of enforcement for failing to report suspected child abuse or neglect as a mandated reporter.

“The facility No Limits Learning Academy was aware of said child (age 6) approaching other children in an inappropriate manner and still allowed said child to be around other children and putting them in harm’s way,” the inspector noted. “There were several statements made by teachers/staff and children as well as parents advising this has been going on for a long time.”

There were multiple incidents like this, according to the inspection, but there was no incident report or corrective action taken.

Other violations included:

▪  The doors to the kitchen and to a classroom that was being used for storage had no latches, locks or gates to prevent children from getting getting to hazards.

▪  The garbage cans in the infant room and kitchen did not have lids.

▪  Staff members preparing food were not wearing head or hair coverings.

▪  Employees had not completed required training.

▪  Lack of documentation to show all staff had been enrolled in required training.

▪  Owner or operator did not have required credential.

▪  The day care provided incomplete, inaccurate or no information to parents about multiple incidents that occurred.

▪  An incident report did not have staff and parent signatures.

▪  There was expired yogurt, fruit cups and baby cereal in the kitchen.

▪  The posted food menu had no date.

▪  Substitutions to the planned menu were not listed.

▪  More than half of the children’s sippy cups were not labeled with the child’s name and were stored all together in the cabinet.

This story was originally published October 7, 2017 at 12:29 PM with the headline "Day care in Manatee fighting DCF’s decision to revoke license."