Complaint·November 30, 2022

It was alleged that the Licensee roughly handles daycare children by yanking their arms. Licensee denied the allegation, stating that she has never roughly handled daycare children. Current and former staff were interviewed, and all deny witnessing the Licensee ever rough handling daycare children. Five (5) daycare children were interviewed, and no children reported that they had ever been handled in a rough manner by the licensee or facility staff. Daycare parents interviewed did not express any concerns or witness the licensee or facility staff ever acting aggressively or roughly handling daycare children. It was alleged that the Licensee was not providing adequate food services by refusing to serve daycare children healthy meals or additional servings. The Licensee denied the allegation, stating that she is contracted with a nutrition program and must comply with meal guidelines and serving sizes. During the facility inspection conducted on 09/14/22, LPA observed facility meal service and available food supply, which was adequate. LPA did not observe any unhealthy food. A review of prior nutrition program assessment reports did not indicate deficient food service practices. Current and former staff were interviewed, and all denied the allegation. Five (5) daycare children were interviewed and reported that they liked the meals served and indicated that they were provided additional food when asked. Daycare parents interviewed did not express any concerns about the facility's meal service. It was alleged that the Licensee is not providing a healthy environment due to pet hair inside the facility. The Licensee stated that the facility has a cleaning routine and check-off list, which includes cleaning the floors daily. During facility inspections, LPA did not observe excess pet hair in the daycare areas. LPA observed an off-limits area where the Licensee stated the pets are primarily kept. Daycare parents interviewed did express any concerns about the cleanliness of the facility. It was alleged that the Licensee was operating over capacity. The Licensee denied the allegation, stating that she never operated over her licensed capacity. The Licensee stated she adheres to a care schedule to ensure that schedules don't overlap to maintain appropriate child ratios and capacity. Current and former staff interviewed denied the allegation, stating they have never observed the facility operating over capacity. Daycare parents interviewed did not express any concerns or witness the facility ever operating over capacity. LPA reviewed outside agency attendance sheets for July and August 2022 and found no indication that the Licensee had operated over capacity. It was alleged that the Licensee is only present at the facility for five (5) hours a week. The Licensee denied the allegation, stating that she is aware of the regulation requiring her to be present at least 80% of the facility's operating hours. She stated that there are rare occasions when she is away from the facility; however, she will leave her assistant in charge. The Licensee and staff stated that the facility maintains appropriate ratios and capacity when the Licensee is away. Daycare parents interviewed said they either see or hear the Licensee at the facility regularly. The Licensee was present during the prior LPA unannounced inspections and the previous nutrition program inspections. Based on inconsistent information obtained and no witnesses to corroborate the allegations, the LPA was unable to determine whether or not, the above-listed allegations occurred. Although the allegations may have happened or are valid, there is no preponderance of evidence to prove the alleged violations did or did not occur; therefore, the allegation is Unsubstantiated. No deficiencies were cited. Exit interview conducted and report was reviewed with Licensee, Gabriela Guerrero. A copy of this report, along with Appeal Rights (LIC9058 03/22), were provided. A notice of site visit was given and must remain posted for 30 days. LPA observed that the notice of site visit was posted during the inspection. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.