Inspector’s narrative
What the inspector wrote
Page 2 of 3
about the incident and it was only verbally.
On 10/23/23 LPA conducted a visit and interviewed a few staff. Some staff were not present on that day. Therefore, LPA interviewed the unavailable staff on other dates. A total of 11 staff were interviewed. (Staff # 1, 2, 3, 4, 5, 6, 7, 8, 9,10, and 11). Ten random parents were also contacted of whom two parents responded with positive feedback. Seven children were attempted to be interviewed but not successful. Children were not qualified for interviews due to their young age.
During interviewing eleven staff, LPA found out that only 5 staff were present during the occurrence of this incident on the playground. (Staff # 1, 2, 3,4, and 5) with 20 children. Staff were responsible for their own group on the playground. Staff # 1 and staff # 2 were responsible for the group of 10 children when the incident happened between two children).
Staff # 1 stated they were on the playground with staff # 2 responsible for their own group of 10 children. Staff # 1 was notified by staff # 2 while staff # 1 was busy with 3 children using the children’s restroom. The restroom is located on the outdoor space at the same level as the playground. Staff # 1 stated after being notified by staff # 2, staff # 1 went towards children who were engaged in inappropriate touching. Staff # 2 stated she observed child # 1 was crying. Staff # 2 called staff # 1 for help. Staff # 3 stated she was present on the playground but did not witness the incident as she was engaged in a conversation with a parent at the gate, but she heard about it. Staff # 4 stated she witnessed a shocking reaction from staff # 1 running towards two children. Staff # 4 observed inappropriate touching between child # 1 and child # 2. Staff # 5 stated she did not observe the incident but heard staff # 1 running towards two children. The rest of the staff stated they were not present and did not witness the incident when it happened. They only heard about it later. Staff # 1 stated she notified the two children's representatives verbally and not in writing. However, the facility failed to report such an unusual incident to the Department within 24 hours of occurrence as they are required to.
Based on interviews conducted with 11 staff, 10 parents of whom 2 responded with positive feed back, 7 attempted interviews with children, and reviewing documents, it was determined the preponderance of
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evidence standard has been met, the allegations of "staff did not prevent child from being touched inappropriately by another child while in care" and "staff did not ensure reporting requirements were followed "are found to be SUBSTANTIATED.
Type A under California Title 22 Regulations Section 101229(a) Responsibility for care and supervision is cited on 9099D next page.
Type B citation under California Title 22 Regulations Section 101212(d) reporting requirements is cited on LIC9099D.
Amy Rivas was informed that the “Notice of Site Visit” must be posted for 30 consecutive days. The “Notice of Site Visit” must be posted on or adjacent to the door. Failure to post will result in Civil Penalties of $100.00.
LPA Malek informed the director, Amy Rivas that this report dated 12/7/2023 documents type A citation shall be posted for 30 consecutive days as there is immediate risks to the health, safety, or personal rights of children in care. Also, LPA Malek informed the director, Amy Rivas to provide a copy of this licensing report dated 12/7/2023 that documents any Type A citation to parents/guardians of all children currently enrolled by the next business day or the next day the children are in care, and to any newly enrolled parents/guardians for 12 months from the date of this report.
A signed Acknowledgement of Receipt of Licensing Report (LIC 9224), or other written statement, must be placed in the child's file for verification.
The director, Amy Rivas, was provided with a copy of their appeal rights (LIC 9058) and their signature on this form acknowledges receipt of these rights. All appeals must be in writing and received by the Regional Office within 15 business days.
The exit interview was conducted with director, Amy Rivas.
End of reports
Page 2 of 2
On 10/23/23 LPA conducted a visit and interviewed few staff. Some staff were not present on that day. Therefore, LPA interviewed them on other dates. A total of 11 staff were interviewed. (Staff # 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11).
Ten randomly parents were also contacted of whom two parents responded with positive feedback.
Seven children were attempted to be interviewed but not successful. Children were not qualified due to their young age.
During interviewing 11 staff, LPA found out that only 5 staff were present during the occurrence of this incident on the playground. (Staff # 1, 2, 3, 4, and 5 with 20 children). Each group had their own staff. Staff # 1 and staff # 2 were responsible for the group of 10 children when the incident happened).
Staff denied staff yelling at children. Staff did not confirm yelling at children during this incident or any other occasions. Staff # 1 stated she yelled to stop the children of occurring the incident by did not yell at children. Staff # 1 stated she took child # 1 and child # 2 inside the classroom and talked to children about the incident inside the classroom. There were no other witnesses around staff # 1 when talking to child # 2. Staff # 1 stated she calmed down child # 1 because of crying. Staff # 2 did not confirm yelling at children. The other two staff who were present on the playground during the incident did not hear staff yelling at children. Staff # 5 stated she observed staff # 1 yelling to stop the children of the incident. LPA interviewed 6 other staff. They did not acknowledge staff yelling at children.
Based on the interviews conducted with a total of 11 staff, 10 parents of whom 2 responded with positive feedback, and attempted interviews with 7 children, there is not enough proof or evidence to support the occurrence of the allegation. This agency has investigated the complaint alleging " Staff did not ensure child was spoken to in an appropriate manner."; although the allegation may have happened or is valid, there is not a preponderance of evidence to prove, the alleged violation did or did not occur, therefore the allegation is unsubstantiated. Notice of Site Visit was posted. The notice of site visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100. The director, Amy Rivas was provided a copy of their appeal right (LIC 9058 1/16) and their signature on this form acknowledges receipt of these rights.
Exit interview was conducted with director, Amy Rivas.
End of report
