complaint·October 15, 2021

***page 2*** Director reported that the understanding of the mask wearing policy for children was that it was required for children to wear indoors per the health department, however they are not to force the children to wear them. Director added that the facility tries to enforce the mask rule for children indoors, however 99% of the parents are against face mask for their children. The facility has extra mask to provide to parents for the children and parents will not comply. Director added that some parents request that their child not wear a mask and the facility provides parents with a Face Covering Exemption Form to sign that do not require physician documentation supporting request. Director stated only about two children have medical conditions that prevent them from wearing face mask, and the parents have provided medical documentation which is on file. During LPA\342\200\231s file review, there were 43 face covering exemption forms on file as of 9/13/21 and only one of the 43 had supporting medical documentation provided by the physician supporting the request. On 8/29/21, before school started updated policies, emails, and written notification was provided to parents updating them regarding the face mask policy and reminding them that it would be enforced to all children in attendance. As a result of parents receiving the new mask guidelines, parents were very unhappy and expressed that to staff. Staff interviewed reported that the facility staff encourage the children to wear mask however do not force. Children are required to enter the class with a mask; however most routines include them taking the mask off after they enter. Some staff reports that healthy habits (including mask wearing) is included in their curriculum. Staff added that they do not encourage children to wear a mask if that parent communicates, they don\342\200\231t want their child to wear one. All staff interviewed reported that parents are given an option regarding their child wearing a mask by allowing them to have a face mask exemption. Staff added that they are not sure if medical documentation is required for the exemption to be honored. ***continued on page 3 ***page 3*** Parents interviewed reported that they are satisfied with the care and supervision provided by the facility. They were provided the COVID-19 guideline policies and believes COVID guidelines are being followed at the facility. Parents interviewed added that a waiver for mask wearing are options parents have for their children if they don\342\200\231t want them to wear a mask and is unsure if medical documentation is required for children not to wear mask. The Guidance for Childcare Industry Covid-19 update guidance: Childcare Programs and providers July 17, 2020 stated: children ages 2 years and older should wear face coverings, especially when indoors or when 6-foot physical distance from others cannot be maintained. New Guidance for the use of face coverings took effect on June 15, 2021 and superseded all prior face covering guidance. It stated: The following individuals are exempt from wearing masks at all times: persons younger than 2 years old, persons with medical conditions. The guidance for COVID-19 mask requirements was sent to all the childcare providers by different methods Provider Information Notices (PINs) from the Department. The Orange County Childcare ordinance stated masks were required for children over 2 years old who attend the childcare facilities. LPA found that the facility had not enforced this requirement among children. Based on disclosures obtained during interviews and record review the facility staff do not enforce the requirement of children ages 2 an up to wear masks, it\342\200\231s only an option parents have if they sign a face covering exemption form. Based on LPA\342\200\231s observations, disclosures, and documentation reviewed, the facility did not ensure the personal rights of persons in care to safe and healthful accommodations. In this facility children were not required to wear face coverings while in the facility as required by the CA Dept. of Public Health Guidance on the use of face coverings on children issued June 18, 2020 and updated November 16, 2020 and an individual mask exception did not apply. The preponderance of evidence standard has been met, therefore the allegation of children are not required to wear masks without having medical documentation is found to be substantiated. California Code of Regulations, Title 22, Division & Chapter 12, Section 101223(a)(2) is being cited on the attached LIC 9099D. ***continued on page 4*** ***page 4*** A copy of the PIN 21-18 CCLD was provided to the Director on today\342\200\231s visit which includes the latest guidance on mask. 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 licensee was provided a copy of their appeal right (LIC 9058 1/16) and their signature on this form acknowledges receipt of these rights. All appeals must be in writing and received by the licensing office within 15 business days. The first level appeal is to regional manager; address is above on the report Exit interview was conducted with director Sandra Tomalsoff. The report and citations were read and reviewed with the director.