complaint·May 28, 2021

Staff 5 (S5) is reporting that the reason that C1 was terminated was not because of C1’s behavior but because of RP’s aggressive behavior towards the school. S5 is reporting S5 decided to terminate C1 when S5 received an email from RP about S4 and Social media posting on yelp stating that they only cared about money and the school was bad. Complaint was filled by RP on 03/26/2021 and notice of termination for C1 was sent by the facility on 03/29/2021. Based on available information and evidence obtained over the course of the investigation it was revealed that the facility retaliated against RP for filing a complaint. Based on LPAs observation and interviews which were conducted and record review(s), the preponderance of evidence standard has been met, therefore the above allegation(s) is found to be SUBSTANTIATED . Health and Safety Code Section 1596.857 is being cited on the attached LIC9099D. There is One Type A deficiency being cited during today's inspection (see LIC 809D). Each report ( documenting a Type A citation) shall remain posted for 30 days along with the Notice of Site Visit. ***In addition; A copy of this report must be provided to the authorized representatives of all currently enrolled children and any newly enrolled child for the following 12 months. The ACKNOWLEDGEMENT OF RECEIPT OF LICENSING REPORTS (LIC9224) shall be signed and kept in each of the children’s records. The report shall be provided no later than the next business day or the next day the child is in care. An Exit Interview was conducted, a copy of this report, Appeal Rights, and Notice of Site Visit were explained and emailed to the Assistant Director Brenda Acker . It has been explained that a reply to the email shall be considered a substitute for the hard-copy signature. Pg 2. LPA reviewed emails and yelp review from RP where RP praises the teachers for being amazing. C1 is reporting that staff are nice. Facility staff are reporting that they have not heard other staff or speak to children inappropriate. Allegations 2 - Staff failed to meet the child's needs. The Reporting Party (RP) is reporting that Child 1 (C1) does not sleep during nap times and staff do not provide C1 with alternative activities. RP is reporting that within a two week period RP started getting complaints from the facility about C1’s behavior during nap time. Facility staff attempted to give C1 books and quit activities during nap time in order to gain compliance from C1 but were unsuccessful. RP had a meeting with the facility to address the issue and was given 3 options of how the facility could accommodate C1’s inappropriate behavior during nap time. RP chose to pick C1 up from the day care during nap time. Allegations 4 - Facility is not abiding by their admission agreement. The Reporting Party (RP) is reporting that the facility did not follow their admissions agreement for service termination. On 03/29/2021 The RP was notified by the facility via email that their contract was being terminated and C1 could no longer attend the school because RP submitted a complaint with Licensing and a negative Yelp review. According to the email received by the RP from the facility, “ ABC Little School deserves a right to terminate enrollment at any time with or without any reason. We are exercising our right, the enrollment at our school is terminated effective immediately.” Staff 5 (S5) is reporting that Child 1 (C1) was terminated because RP was to aggressive with the school, bad mouthed S4, and continued to post negative Yelp review after they had come to an agreement for resolving the issue with C1. The 2021-2022 Parent Handbook under Enrollment, paragraph 2 reads as follows: “We reserve the right to remove a child from our program if parents do not abide by the policies listed in this handbook or if a child has severe emotional and/or physical difficulties that cannot be mitigated in the classroom.” Parent Handbook under Dismissal Clause (Absolute Termination Rights by ABC Little School) reads as follows: “Upon at least 24-hour notice, ABC Little School may terminate this Admissions Contract in its entirety at any time, at will, without cause, and with or without giving reason…Grounds for termination is but not limited to abusive behavior by parents/children toward staff or peers…”. Pg 2. Based on available information and evidence obtained over the course of the investigation LPA is unable to determine that Allegations 1 - Staff spoke to the daycare child in an inappropriate way ; Allegations 2 - Staff failed to meet the child's needs; Allegations 4 - Facility is not abiding by their admission agreement did or did not occur. Although the allegations may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation(s) did or did not occur, therefore the allegation(s) is unsubstantiated . An Exit Interview was conducted, a copy of this report, and Notice of Site Visit were explained and emailed to the Director Brenda Acker . It has been explained that a reply to the email shall be considered a substitute for the hard-copy signature.