complaint·April 14, 2023

Continued from LIC 9099 During the course of the investigation, LPAs conducted interviews with the Licensee, three staff, one adult, and four parents and reviewed records. To qualify for the Subsidized Payment Program, a Licensee is obligated to maintain accurate records to verify children’s attendance for the child care and food services being provided. According to facility inspection report for McBrayer, Michelle FCCH dated 12/28/2022, LPA Phouthavong, was at this facility from 12:00 pm to 1:40 pm, at which time a total of three children were observed in care and counted in the current census which is shown as “Census: 3” on the information section of the facility report. According to the documents obtained, Licensee certified under penalty of perjury by signing each attendance sheet that ten children were receiving care on 12/28/2022. An additional statement (S3) further indicated that only one child was in care on Saturday, 12/3/22, and the facility was not open on Sunday,12/4/22, but attendance records show 10 children signed in on 12/3/22 and six signed in on 12/4/22. In addition, multiple statements, including A1-A2, indicated that the Licensee would have parents sign a blank sign in/out attendance sheet and Licensee would complete it throughout the month without having parents verify or initial the time. One individual observed the Licensee changing one child’s attendance from half to full day on the sign in sheets for the food program even through the child was present for only half the day. Furthermore, records obtained by Community Care licensing outlined Serious Deficiency Determination of this facility on January 4, 2023 and January 25, 2023 for “Falsification of Documentation”, Willful Misrepresentation”, and “Lack of Business Integrity”. These findings are based on a review of records which reflect the Licensee entered times in and out on the monthly records when children were found not to be in attendance. Based on the information gathered during this investigation, the preponderance of evidence standard has been met and therefore, the allegation is determined to be substantiated. California Code of Regulations, Title 22, is being cited on the attached LIC 9099-D. Appeal rights were provided. An exit interview was conducted, and this report was read and discussed with the facility’s licensee, Michelle McBrayer. The Notice of Site Visit shall be posted for 30 days. Continued from LIC 9099-A During the course of the investigation, LPAs conducted interviews with the Licensee, three staff, two adults, and four parents and reviewed records. Licensee and staff members (S1-S4) stated when the Licensee is gone from the home, there are at least two substitute staff members presented at the home when the capacity is over eight daycare children. Statements from Licensee and S3 indicated that when the Licensee was gone from the time frame of 12/01/2022 to 12/05/2022 and 01/26/2023 to 01/29/2023, two staff members were providing care during the times when the facility was open, with at least one staff member having a current Pediatric CPR and First Aid Certification. One Adult (A2) statement indicated that at times there was only one staff on the premises, but records could not confirm whether or not two staff were required at those specific times or if the capacity was over eight children. Parent interviews stated to observe at least two staff members providing care at one time, with two interviews stating that there were moments when only one staff member was present with children but could not remember the number of children present. Parents did not have a concern with the capacity at this time. A1 stated to observe the facility operating out of ratio many years ago, on multiple occasions, one staff member would be left alone with the daycare children while over capacity, but this could not be corroborated. Based on the information gathered during this investigation, there is no conclusive evidence to show that the Licensee was out of ratio or over capacity. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove 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.