complaint·August 7, 2024

Based on interviews conducted with five (5) staff, informed LPA that all children have drinking water available and drink water, staff denied the above allegation. Four (4) staff stated water dispensers are in each classrooms to provide drinking water for the children and staff informed LPA all children having cups available, whether it is from a personal sippy cups/ water bottle, big size cups or small size cups based on availability. LPA interviewed Quality Assurance personnel from Immanuel Drew Corporate Office who stated no issues and/or complaints regarding drinking water has been reported. Based on parent interviews conducted via telephonically with LPA, four (4) parents stated they have no issues or no complaints regarding their child not allowed drinking water and that there child have drinking water available. Two (2) parents stated their child brings their own bottles/cups to school. Parent # 3 informed LPA before the change in staff children were using facility disposable cups and then school implemented bringing in personnel cups but children always water available. It was reported that there was an incident that there was a hearsay situation were a staff told a staff they were unable to fill up children’s water cups. It was also reported that children started to bring to the school their personal water cups/bottles due to facility running out of water cups but that the children did not go without water. LPA’s on all three visit days observed water dispensers in all classrooms and water available for children inside and outside for children’s drinking needs. Regarding allegation: Facility staff aggressively holding child by arm in an inappropriate manner Based on allegation LPA Calderon did a file review for the above facility, the facility self reported an Unusual Incident Report (UIR) via telephone call, dated 5/17/24 reported to Licensing. There is a UIR regarding personal rights of a child. Per UIR a staff witnessed a staff grabbing a child by the arm and lifting their arm up over their head and when staff observed someone watching they repositioned to hold child in a more appropriate position. UIR states alleged staff wrote a statement on what occurred. LPA reviewed statement and there is no evidence to corroborate the above allegation. Per interview with alleged staff, staff informed LPA that a child’s parent had concerns regarding staff inappropriately holding their child, and asked staff for information regarding incident. Alleged staff stated not knowing incident occurring regarding their child, and staff is new to the site so unaware of child being mentioned and provided parent with licensing complaint hotline number if parent had a complaint to report due to staff not able to corroborate to the above allegation. (Continuation 9099-C...) from different age group to enter each yard. Based on interviews with Staff #1 (S1) and #2 (S2) informed LPA that although teachers would supervise children during outdoor play staff had to supervise the gate area due to broken latch and children easily open gate and entering playyards. S1 stated gate broke approximately January 2024 and S2 stated since start employment noticed in February 2024 gate broken. Interview with Iterm Site Supervisor Ms. Flores informed LPA when they started working at the above facility in May 2024, playground gate was broken and Ms. Flores stated putting a chain around the gate as temporary solution until permanently fixed. Three (3) parents were unaware of the broken gate between the two playgrounds therefore they were unable to corroborate. Parent #3 informed LPA that their child’s father attempted to fix gate and was concerned due to child running through broken gate when seeing parent come to the school for pick up. On 7/10/24, LPA Calderon and LPA Sanchez observed gate in the play yard between the toddler and preschool area was repaired with appropriate latch. Regarding Allegation: Playground flooring has defects causing tripping hazards for children and staff. Based on LPA’s record review submitted to the school’s corporation office by Iterm Site Supervisor Edith Flores, submitted a ticket to get the playground floor defects fixed. LPA Calderon and LPA Sanchez observation on 5/21/24 and 6/7/24 (took pictures) the floor in toddler / preschool playground to be uneven, having defects like dips, cracks and/or holes which could cause a tripping hazard to children and staff. In addition, LPAs observed in the preschool side unlevel grass and dips in the grass area next to cement concrete strip/ block that is dividing the grass and the dirt area. Holes in dirt/grass area in preschool side along the fence. In addition, LPA’s observed in the preschool side unlevel grass space along the grass area next to the play ground cushion turf. These observations pose an immediate risk to the staff and children in care. (Continuation 9099-C..) Based on interviews conducted by Ms. Flores informed LPA’s that the floor has dips and holes and she put a bench to cover the holes as a temporary solution for safety. Staff #1 based on interview informed LPA was doing office work due injury from falling in the playground. Staff #2 during interviewed informed LPA’s witnessing Staff #1 falling in a dip on the turf in the toddler playground due to floor being sunken in. Staff #3 informed LPA that in the month of May the Toddler play yard side had defects, there was a patch that was torn. LPA interviewed facility corporation Quality Assurance personnel via telephonically who stated they received a ticket submission regarding the playground repairs that are needed in the preschool play yard and is aware of an incident of a staff getting injured in the toddler playground on the soft turf that was cracking and was fixed after the incident took place. Based on parent interviews conducted by LPA Calderon and/or LPA Sanchez, four (4) were unaware of the playground defects therefore were unable to corroborate. P2 when observing the toddler play yard they have not observed any defects in the playground. P3 informed LPA the toddler play yard is unleveled. On visit date 8/7/24 LPA observed all unleveled areas, dips and holes were fixed. Based on LPA interviews conducted, the preponderance of evidence standard has been met, therefore the above allegations are found to be Substantiated. Per California Code of Regulations, (Title 22, Division 12, Chapter 1) facility is being cited on the attached LIC 9099-D page. A copy of this report shall be provided to the parent/guardian of children currently enrolled by the next business day or immediately upon return. A copy of this report shall also be provided to the parent/guardian of any newly enrolled children for the next 12 months (1 year). The Acknowledgement form must be maintained in each child’s file immediately upon receipt from parent. Licensee was provided with a copy of the parent Acknowledgement of Receipt of Licensing Reports Form during this visit. A notice of site visit was given and must remain posted for 30 days. Failure to maintain posting as required will result in a $100.00 civil penalty. Appeal rights were discussed and copy of report was provided. An exit interview was conducted and report was reviewed with the Director Edwina Shivers. Telephonic Interview was conducted with Immanuel Drew Corporate Quality Assurance (Q.A) personnel on 7/30/24, Q.A stated they were unaware of this incident occurring and had no information regarding the individuals reported in this allegation. On 8/5/24 Q.A informed LPA via telephonically they recently after LPA initial phone call opened a internal investigation on the corporates behave. Staff #1 informed LPA they observed a child being aggressively grabbed by a staff. Three (3) additional staff interviewed stated they haven’t observed staff aggressively holding child by arm in an inappropriate manner. LPA reviewed UIR for incident reported, under person(s) observed the incident Staff #1 was not listed as a witness. Regarding allegation: Staff are not changing diapers appropriately. LPA Calderon and LPA Sanchez observed on visit dates 5/21/24, 6/7/24, children being changed in the diaper table located in the toddler classroom. Based on parent interviews conducted via telephonically three (3) parents informed LPA that their child gets changed and facility uses changing table. Parent #3 stated has observed children standing up and being changed not near a sink or changing table. Three (3) staff stated during interviews children are changed on the tables. Staff #1 informed LPA that there was an incident they did not observe but heard a substitute teacher was told by an office staff to change a preschool child on a mat. Per Program Director stated changing tables have a weight limit, therefore preschool children would be changed due to potty accidents or wet clothing accidents, if needed in alterative ways using sanitization procedures and providing privacy to the child getting changed. It was reported that a staff was directed to use a diaper changing table paper from the toddler side (used to lay child to change diapers) and for staff to change child on a cot. Although the above allegations may have happened or are valid; based on observations, interviews, and documents obtained there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore at this time the allegations are deemed UNSUBSTANTIATED. No deficiency was cited at this time for this complaint allegation. A notice of site visit was given and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100. Exit interview was conducted with Director Edwina Shivers. (End of Report)