Complaint·April 22, 2024

Allegation 1: The first allegation states that the facility was continued to operate in conditions that were not operable and unsafe. During interviews the following was discovered, there was a power outage that occurred on 12/12/2023 from approximately 10:00am to 2:40pm in the facility. Multiple staff disclosed that the conditions in the classrooms made it unsafe and the classrooms inoperable by the following: initially the lights went out and there were some exit signs providing light in the classroom but the children’s restroom was completely dark; around 12pm, the lights went out completely and there were no lights in the classroom as the emergency exit signs went out and the classrooms were extremely dark; staff stated based on visibility they were able to partially see when the exit signs were on, however, Staff 3 stated they were unable to effectively supervise the children and did notify the Center Director but was instructed to wait and Staff 2 stated they were unsure how safe the children were in the visibility; also around 12pm, staff stated that the classrooms dropped to 62 degrees; staff stated that the conditions in the classrooms made some children hot and others cold and some children were putting on jackets to get warm while others were taking off jackets to cool off; staff mentioned that the children were scared by the darkness; there was a child that was crying and had to be comforted from being in the darkness; another child was suspected to have had an accident and soiled their clothes in the darkened classroom and had to be changed; staff stated that children were afraid of the dark and crying while the lights were out while other children questioned the staff about the lights being out; multiple staff members mentioned the conditions in the classrooms to the Center Director who then notified the Supervisor over the facility, however, the Center Director was informed by the Supervisor to keep the facility open and not contact the parents. Although staff notified management of the inoperable conditions, the Supervisor kept open the facility in violation of Title 22 Regulations. This is a Type B citation, see the LIC 9099D for the details. Allegation 2: The second allegation states that staff did not ensure that immunization records were not complete for the day care children. In January 2024, during the annual inspection, the LPA notified the management staff that they needed to complete the form PM-286 or similar form and track and document the immunizations for the children in care to ensure that immunizations are received timely. During the investigation, it was found that the health team and advocates are responsible in ensuring that immunizations are updated on the PM-286 or similar form and tracked and documented to ensure immunizations are received according to Title 22 Regulations; however, LPA followed up on two subsequent visits following the initial complaint visit to see if the forms had been completed and they had not. The advocate was able to provide proof of the completed documents for all children attending on 2/27/2024. This is a Type B citation, see the LIC 9099D for the details. Allegation 3: The third allegation states that staff allowed a child in care to be picked up by an unauthorized adult. During the investigation, the LPA found that there was a child in care that has a court order on file restraining the non-custodial parent; however, the court order document has been altered and the original information has been covered and is illegible. The LPA inquired if an unaltered copy had been requested of the custodial parent and they stated there was an attempt made to get an unaltered copy; however, it was never provided by the parent. The advocates were instructed by management to allow the child to be picked up by the non-custodial parent with the restraining order despite the court order that could order against it but the center did not ensure the safety of the child by acquiring an unaltered copy. This is a Type B citation, see the LIC 9099D for the details. Based on information obtained, observations, and interviews with relevant complaint parties, the Allegation is deemed substantiated for allegations 1, 2, and 3; as a result, Type B citations will be issued for all three allegations. A finding of substantiated means that allegations were valid because the preponderance of the evidence standard has been met. An exit interview was conducted, a copy of this report read and provided to the Center Director, and the Notice of Site Visit and Appeal Rights was explained and given to the Center Director.