complaint·February 8, 2022

Page 2 On 01/07/22 the Orange County Child Care Office received a complaint alleging masks are not being worn at the day care. The reporting party (RP) stated not all the staff and not all the children are wearing masks at the day care. The current mandate from California Department of Public Health is for all individuals age 2 and up to wear a face covering while indoors irrespective of vaccine status. During the investigation LPA conducted interviews on 01/13/22 and 02/04/22 with 8 staff and 6 parents. All 6 parents did not disclose any concerns. All 8 of 8 staff interviewed stated children must wear masks indoors but not required when outdoors. Of the teachers interviewed 4 of 8 stated only children age 3 and up are required to wear a mask. All 8 of 8 staff interviewed stated there is a mask wearing policy for staff which is to always wear masks when indoors and not required when outdoors. One staff stated she has forgotten sometimes to put her mask up after a break and has seen other staff also forget but they quickly realize their mask are down and quickly put it back up. Another staff has stated witnessing other staff not wear masks when passing each other in the library and work room, but states never in classrooms. During the facility tour on 01/13/22 LPA observed 3 of 75 children not wearing masks and on 02/08/22 4 of 88 children were not wearing masks. Director stated facility is working with children to encourage wearing masks. Based on observations on 01/13/22 and 02/08/22 and interviews conducted with 8 staff members and 6 parents, the licensee failed to ensure children are to be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs. This requirement was not met as evidenced by 4 of 8 teachers interviewed stated only children age 3 and up are required to wear a mask and staff witnessing other staff not wear masks indoors. Therefore, the preponderance of evidence standard has been met, therefore the above allegation masks are not being worn at the day care is found to be substantiated. California Code of Regulations, Title 22, Division 12 & Chapter 1, Section 101223(a)(2) is being cited on the attached LIC 9099D. 101223 Personal Rights (a) The licensee shall ensure that each child is accorded the following personal rights: (2) To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs. (Continued on page 3) Page 3 LPA provided Director with PIN CCP 21-29-CCP, PIN 22-03-CCP for licensing webinars, copy of the most recent California Department of Public Health (CDPH) Guidance for the use of face mask, and printed visual reminders to wear masks. Exit interview conducted and report was reviewed with Director Katherine Yeakel. Appeal Rights were explained, Director was provided a copy of her Appeal Rights and signature on this form acknowledges receipt of these rights. Director was informed all appeals must be in writing and received by the Regional Office within 15 business days. A notice of site visit was given and must remain posted for 30 days. Failure to post will result in civil penalties of $100.00. The Notice of Site Visit must be posted on or adjacent to the door.