Inspector’s narrative
What the inspector wrote
On January 4, 2023, LPA conducted telephone interviews with five parents and attempted to contact one additional parent as well as the RP. On January 19, 2023, LPA attempted to conduct interviews with two children (C3 and C4) at the facility; however, both children were not present.
Some of the documents obtained for review consisted of the Admission Agreement for C4, "Ouch" Report for C4, Identification and Emergency Information (LIC 700) for C4, Parent Handbook, Unusual Incident/Injury Report (LIC 624) for C4, and the Medical After Visit Summary for C4.
The 2022/2023 Registration Packet/Parent Handbook (YMCA Health Policies and Procedures) states that the program would take the following steps in the event that a child is injured at the program; (1) attempt to contact the parent, legal guardian, and/or emergency contact, (2) if the program cannot contact anyone, the program may do any or all the following: (2a.) call the paramedics/ambulance, (2b.) take, or have the child taken to, an emergency hospital-accompanied by a YMCA staff member-for diagnosis and/or treatment.
Based on the "Ouch" Report, LIC 624, Medical After Visit Summary Report, and confidential interviews, LPA determined the following: C4 tripped over another child that was picking up toys off of the floor while in the cafeteria; C4 sustained an injury due to the incident; staff were inside the cafeteria at the time of the incident but did not witness C4 fall; staff (S2) later noticed C4 holding their arm and tended to the child by asking pertinent questions related to the injury, provided an ice pack to C4 for the injury, and immediately notified the Director (S1). S1 contacted C4's parent after being notified of the injury, and the parent took the child to seek medical care.
Although the child sustained an injury at the facility, the information obtained revealed that staff took the proper measures to ensure that the child's parent was notified of the injury and the child was able to be medically evaluated for the injury. However, the LIC 624 that was submitted to the Department on 10/27/2022 stated that "a staff did not see (C4) fall but did notice (C4) grabbing (their) arm during snack time and asked what had occurred to (C4)." The confidential interviews confirmed that none of the staff visually observed when C4 fell. LPA also obtained a disclosure from a parent expressing concern regarding the supervision provided by the facility.
Based on the information obtained, there is a preponderance of the evidence to prove that the facility failed to provide adequate supervision per Title 22 regulations. Therefore, the allegation is substantiated.
Deficiency was cited during today's inspection. Appeal rights were provided and discussed with the facility representative.
A Notice of Site Visit (LIC 9213) was given and must remain posted for 30 days.
Exit interview was conducted and report was reviewed with Teacher, Janessa Smith.
On January 4, 2023, LPA conducted telephone interviews with five parents and attempted to contact one additional parent as well as the RP. On January 19, 2023, LPA attempted to conduct interviews with two children (C3 and C4) at the facility; however, both children were not present.
Some of the documents obtained for review consisted of the Admission Agreements for C3 and C4, "Ouch" Report for C4, Behavioral Reports for C3, Identification and Emergency Information (LIC 700) for C3 and C4, Daily Activity Schedule for October, Parent Handbook, Unusual Incident/Injury Report (LIC 624) for C4, and the Medical After Visit Summary for C4.
The 2022/2023 Registration Packet/Parent Handbook (Incidental Medical Services Plan) states that the parent of a child with special needs may meet with the Director of the program and complete an "Individual Child Needs Assessment & Program Plan" to identify specific needs and strategies that may be used to help the child be successful in the program. Based on record review, C4 did not have an "Individual Child Needs Assessment & Program Plan" on file. The confidential interviews also revealed that staff treat the children fairly.
Based on record review, C4 has a signed Admission Agreement on file. The Admission Agreement states that the YMCA may terminate a child's enrollment for any of the following reasons: behavior that is continually disruptive or dangerous to others and/or self. Based on record review, C4 received behavioral notices on 10/03/22, 10/10/2022, and 10/13/2022. Each behavioral report was signed and dated by the child's parent/guardian. Based on interviews, the behavioral notices resulted in a temporary termination from the program. Based on the information obtained, staff took the proper measures to address a child's behavior that harmed other children in care and as a result, LPA also determined that the
staff behavior did not pose as a risk to the daycare children.
On 10/20/2022, LPA observed the Daily Activity Schedule for October posted on the parent board that was located near the gate where children are picked up and dropped off for the program. The Daily Activity Schedule noted "Group Game" on Tuesday's and Thursday's from 4:05 pm to 4:25 pm. Group Game consists of "Head Toe Eraser 3&up, Sharks & Menos K-2nd, Four Square 3rd&up, and Kick Ball."
Based on the confidential interviews, children are not forced but are encouraged to participate in group games. The interviews revealed that the group games are divided by grade levels and are considered age-appropriate. The interviews also revealed that children have the option to sit-out of any of the scheduled group games. Based on the interviews and observations, the children have other activities available to use in the event a child does not wish to participate in a particular activity. Based on the information obtained, staff did not violate the personal rights by encouraging activities that cause harm to children in care.
Based on the information obtained, there is not a preponderance of the evidence to prove that personal rights were violated. Therefore, the allegations are unsubstantiated. Appeal rights were provided and discussed with the facility representative.
A Notice of Site Visit (LIC 9213) was given and must remain posted for 30 days.
Exit interview was conducted and report was reviewed with Teacher, Janessa Smith.
