Incident investigation·December 14, 2021

On 12/14/2021, Licensing Program Analysts (LPAs) Luisa Gavoutian and Jeovanna Yanez conducted an unannounced case management inspection. LPAs met with Director Becky Ihara. The purpose of today’s inspection was to address an incident that occurred on 05/14/2021, which was not reported to Community Care Licensing (CCL). LPA Yanez reviewed Staff 1’s records while at a different Brighten Academy location (LIC# 103810118) and found an incident report in Staff 1’s file that described an incident, which was not reported to CCL. The report described an incident where Child 1 was left outside on the playground without supervision for 17 minutes. The Honeybees and Caterpillars classrooms were outside at the time of the incident, 10:15 a.m. Director stated that there were 23 children and four staff present outside between the two classrooms. Staff 1 and Staff 2 had been the supervising staff of the Honeybees classroom and had failed to perform a sweep during inside transition to ensure no child was left behind. Facility Directors met with Staff 1 and Staff 2 and discussed the severity of the situation and explained the importance of checking the play grounds during transitions to ensure no child is left outside. Section 101229(a)(1) of the California Code of Regulations (CCR) states, “No child(ren) shall be left without the supervision of a teacher at any time, except as specified in Sections 101216.2(e)(1) and 101230(c)(1). Supervision shall include visual observation.” Director stated that since the incident, the facility has installed a whiteboard at the playground where staff can write the names of the children present outside in order to do more accurate headcount. The facility makes an effort to have additional staff do a sweep of the playground once children line up to transition inside in order to ensure no child is left on the playground. The facility has included the importance of doing head counts as part of the employee handbook, which is provided to all new staff during training, and reviewed with all new and existing staff annually. A civil penalty is being assessed today. (Continued on LIC 809-C) Furthermore, a review of the facility’s file indicated that the facility failed to report the incident to CCL, as required. LPAs discussed reporting requirements with the Director and the responsibility of the facility to report all unusual incidents to CCL within 24 hours of occurrence. CCR Section 101212(d)(1)(C) states, “(d) Upon the occurrence, during the operation of the child care center of any of the events specified in (d)(1) below, a report shall be made to the Department by telephone or fax within the Department's next working day and during its normal business hours. In addition, a written report containing the information specified in (d)(2) below shall be submitted to the Department within seven days following the occurrence of such event. (1) Events reported shall include the following: (C) Any unusual incident or child absence that threatens the physical or emotional health or safety of any child.” Furthermore, Section 101212(f) states that incidents specified in section (d)(1) should also be reported to the child’s parent/authorized representative. Director stated that Child 1’s parents were verbally notified of the incident. Information to be included on the report shall include the child’s name, age, sex, date of admission, date and nature of event, and disposition of the case. Alternatively, the facility can complete form LIC 624 – Unusual Incident/Injury Report. Per Chapter 1, Division 12, Title 22 of the California Code of Regulations, the following deficiencies were found: (see LIC809-D). Exit interview conducted and report was reviewed with the Director Becky Ihara. Upon receipt of a Type A violation, licensee shall post and provide copies of this licensing report to parents/guardians of children in care at the facility and to parents/guardians of children newly enrolled at the facility during the next 12 months. A copy of the Fact Sheet - Child Care Parent Notification Requirements and a copy of LIC 9224 was given to licensee. A notice of site visit was given and must remain posted for 30 days, along with a copy of this report.