complaint·September 8, 2022

The LPAs met with the facility’s licensee, Michelle McBrayer (L1) today to discuss the investigation findings. The facility was toured inside and out. There was one child present at the facility today being supervised by two staff members. The initial investigation visit was made by the LPAs on 06/16/22. There were 7 children, and 2 staff members present during this visit. A second investigation visit was made by LPA S. Phouthavong on 07/22/22. There were 14 children, and 2 staff present during the visit. The facility was operating within ratio and capacity during both inspection visits, although the Licensee was not present at either inspection. During the initial investigation visit made by the LPAs on 06/16/22. The licensee was not present at the facility at the time of the visit. The LPAs interviewed the licensee’s assistant, staff S1 and S2 regarding the allegation. Both staff members denied the allegations. The licensee was interviewed on 08/01/2022. The licensee denied the allegation and stated that all capacity and ratio regulations are being followed by the facility. During the investigation, interviews were conducted with the childcare facility’s clients, L1 and current staff members S1-S2 on 06/16/22, 06/21/22, 07/25/22, 07/28/22 and 08/01/22. Current staff members that were interviewed all corroborated the licensee’s statements. All parents and children interviewed all stated that they have not observed the licensee providing care and supervision for more than fourteen children or operating over ratio. One client who was interviewed stated that the Licensee will leave 1 staff with 11-14 children while the Licensee is out of the facility, although this was not corroborated. Based on the information gathered during this investigation, there is not a preponderance of evidence to support the allegation. The allegation is determined to be unsubstantiated. There were no Title 22 deficiencies cited. This report was reviewed and discussed with the facility’s licensee, Michelle McBrayer. Appeal rights were provided. Notice of Site Visit shall be posted for 30 days from today's visit. Both staff member’s stated that they are providing a safe sleep environment for infants but were not documenting an infant’s naps every 15 minutes as they did not know this was a requirement. During the LPA’s initial visit on 06/16/22, the LPA’s observed that there were no infants present at the facility. The LPA’s inspected the infant sleep area and observed that there was a stack of blankets folded and placed in the crib. Staff S1 and S2 stated that the blankets and other prohibited items are removed when an infant is present. During this investigation visit, the LPA’s reviewed the infant safe sleep regulations with the staff members present. The licensee stated on 08/01/2022 that one infant was currently enrolled at the facility. The licensee stated that the facility is practicing safe sleep practices by not allowing the children to nap with pillows, blankets and other objects. The licensee stated that the facility was not documenting the 15 minutes nap checks, however but has since started documenting 15 minutes naps checks. During an interview with staff S1 on 06/16/22, S1 admitted that she pulled a child’s ear on an unspecified date to get the child’s attention. S1 stated that this was the only incident where a child was roughly handled at the facility. The licensee was interviewed on 08/01/2022 and stated that she was aware of this incident. This incident was not reported to Community Care Licensing. During the investigation, interviews were conducted with the childcare facility’s clients, children, L1 and current staff members S1-S2 on 06/16/22, 06/21/22, 07/25/22, 07/28/22 and 08/01/22. The children that were interviewed all stated that they did not have any concerns about the licensee or any other staff member and enjoy attending this daycare facility. The children that were interviewed all stated that they felt safe at the daycare. Clients that were interviewed all stated that they have not observed any staff member rough handling a child in care and did not have any concerns about the facility or a staff member. Based on available information and the licensee’s and staff S1’s own admission, the preponderance of evidence standard has been met; therefore, the allegations are found to be substantiated. California Code of Regulations, Title 22, is being cited on the attached LIC 9099-D. An exit interview was conducted, and this report was read and discussed with the facility’s licensee, Michelle McBrayer. Appeal rights were provided. The Notice of Site Visit shall be posted for 30 days. Reports citing Type A violations are to be provided to parents/guardians of children currently enrolled by the next business day or the next day the children are in care, and to parents/guardians of children newly enrolled at the facility for the next 12 months from the date of this report. Parents/guardians must sign Form LIC 9224 to be kept in each child's file.