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Inspection visit

complaint

MCBRAYER, MICHELLE FCCHLicense 1730087201 citation on this visit
1 citation recorded

Inspector’s narrative

What the inspector wrote

Continued from LIC9099 On 01/19/2023, S3 stated they did not have a current Pediatric CPR and First Aid Certification and there were times when they were alone with day care children while another staff member would pick up other day care children. In addition, statements from two Adults indicated that, on multiple occasions, they have known or observed a staff member without a current Pediatric CPR Certification was left alone with day care children. The allegation is further corroborated by another individual, A1 stating to have observed the same situation many years ago. 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. Licensee and S3 stated the Licensee is mostly present at the home and would occasionally take vacations. Records and statements from Licensee and Staff (S1 – S3) did confirm that the Licensee was gone from the time frame of 12/01/2022 to 12/05/2022 and 01/26/2023 to 01/29/2023, but that the facility was either closed or had staff members providing care when the facility was open. S3 stated that the Licensee does walk to the local school to pick up day care children but would be gone for short amount of time. Parent interviews stated to observe the Licensee at the home the majority of the time or would have at substitute staff member providing care if Licensee was not available. Parents did not have a concern with the allegation at this time and could not corroborate the allegation. S3 stated there was a time when they were left alone with the children when another staff member was picking up day care children from school but that the Licensee was present in the home the majority of the time. Additional statements from one Adult (A1) stated on multiple occasions they have observed a staff member left alone with daycare children many years ago or that the Licensee would not be present in the home most of the time. Even thought there is clams of licensee absents from the facility, records and interviews could not provide enough at this time. Based on the information gathered during this investigation, there is no conclusive evidence to show that the Licensee is absent from the facility 20 percent of the time. 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.

Citations

2 citations recorded*CCLD

What does Type A vs Type B mean?

Type A. Serious citation. Imminent or substantial risk to children. The regulator requires corrective action immediately and may impose a civil penalty.

Type B. Lower-severity citation. Corrective action required, no imminent risk. The regulator monitors compliance on the next visit.

  • 102416(c)(b)Type B

    102416(c)(b) A licensee of a large family day care home...ensure that at least one person who has a current certificate in pediatric first aid and pediatric cardiopulmonary resuscitation ... be available at all times when children are present at the facility....This requirement was not met as evidenced by: Based on Record Review Licensee’s staff member (S3) did not have a current Pediatric CPR and First Aid Certification when they were alone with day care children, which poses a potential health, safety or personal rights risk to persons in care.

  • HEALTH AND SAFETY CODE SECTION

    1596.885(c) Conduct which is inimical to the health, morals, welfare, or safety of either an individual in or receiving services from the facility or the people of this stateThis requirement was not met as evidenced by: Based on Licensee submitted fraudulent documents to receive subsidy program funds by showing inaccurate time in and out entries on monthly records when children were found not to be in attendance, which poses an immediate health and safety risk to the children in care.

FAQ · About this visit

Common questions about this visit

What happened during the April 14, 2023 inspection of MCBRAYER, MICHELLE FCCH?

This was a complaint inspection of MCBRAYER, MICHELLE FCCH on April 14, 2023. 1 citation were issued: 1 Type B.

Were any citations issued to MCBRAYER, MICHELLE FCCH on April 14, 2023?

Yes, 1 citation was issued (0 Type A, 1 Type B). The first citation was for: "102416(c)(b) A licensee of a large family day care home...ensure that at least one person who has a current certificate..."

What type of inspection was this?

This was a complaint inspection. Complaint inspections are triggered when someone reports a concern about the facility to CCLD.

SourceView on CCLDView original report

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