complaint·August 17, 2023

Page 2 The complainant alleged that staff facility is using children’s designed toilets. According to the complainant, staff do not have a separate restroom but use the children’s restroom. On 7/13/23, LPA conducted an interview with 6 staff members including the director. According to the 6 of 6 staff, admitted using the children’s restroom when children are not present in the restroom. However, 5 staff stated there is a staff restroom available outside the classroom building. On 7/13/23, LPA interviewed 5 preschool children. There were no disclosures from the 5 preschool children interviewed. On 8/7/2023, LPA called 8 parents and interviewed 4 of the 8 parents. There were no disclosures made from the 4 parents interviewed. LPA did not receive a return call from the 4 parents. Based on interviews conducted with staff, the complainant alleged facility’s staff use the children’s restroom is found to be Substantiated. A substantiated finding means that the complaint is substantiated, and the allegation is valid because the preponderance of the evidence standard has been met. The following violation was revealed and is being cited in accordance with California Code of Regulations, Title 22, Division 12, 101239 (i) Fixtures, Furniture, Equipment and Supplies. Please refer to attached 9099 (D). An exit interview conducted with director. Appeal Rights were explained. The Director was provided a copy of appeal rights (LIC 9058 01/16) 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. First level appeals should be sent to the regional manager to the address listed above. The Notice of Site Visit was posted and discussed as required by H&S Code Sec. 1596.817. Notice of Site Visit must be posted for 30 consecutive 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. Page 2 The complainant alleged the facility is operating out of ratio. The complainant stated a teacher was left alone with 13-14 children multiple times and on the playground and 1 teacher was left with 23 children. On 7/13/23, LPA interviewed 6 staff members including the Director. According to the 6 staff interviewed, staff denied the facility is operating out of ratio. The Director stated there is always 1 staff with 6 or 7 preschool children. On 7/13/23, LPA interviewed 5 preschool children. There were no disclosures from the 5 preschool children interviewed. On 8/7/2023, LPA called 8 parents and interviewed 4 of the 8 parents. There were no disclosures made from the 4 parents interviewed. LPA did not receive a return call from the 4 parents. LPA reviewed the student’s daily attendance and staff attendance from July 3 through July 7, 2023. On July 3, 2023, the average ratio was 1 teacher to 8 students; July 5, 2023, the average ratio was 1 teacher to 4 students; July 6, 2023, the average ratio was 1 teacher to 4 students; July 7, 2023 the average ratio was 1 teacher to 4 students. Based on interviews conducted and attendance review, the complaint alleging the facility is operating out of ratio is found to be unsubstantiated. Although the allegation may have happened or is valid, there is not enough preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is unsubstantiated. The complainant alleged the facility is malodorous. The complainant stated there is a strong odor in the 3–4-year-old classroom. On 7/13/23, LPA interviewed 6 staff members including the Director. According to the 6 staff interviewed denied any strong odor from the 3–4-year-old classroom. On 7/13/23, LPA interviewed 5 preschool children. There were no disclosures from the 5 preschool children interviewed. Page 3 On 8/7/2023, LPA called 8 parents and interviewed 4 of the 8 parents. There were no disclosures made from the 4 parents interviewed. LPA did not receive a return call from the 4 parents. On 7/13/23 and on 8/17/23, LPA went into the classroom and did not smell any malodorous odor. Based on interviews conducted, the complaint alleging the facility is malodorous is found to be unsubstantiated. Although the allegation may have happened or is valid, there is not enough preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is unsubstantiated. The complainant alleged staff did not provide adequate food service. The complainant stated children are served rotten fruit during snack time. On 7/13/23, LPA interviewed 6 staff members including the Director. According to the 6 staff interviewed denied serving rotten fruits to the children. The director stated, the skin of the banana turns brown, however it’s not spoiled. On 7/13/23, LPA interviewed 5 preschool children. There were no disclosures from the 5 preschool children interviewed. On 8/7/2023, LPA called 8 parents and interviewed 4 of the 8 parents. There were no disclosures made from the 4 parents interviewed. LPA did not receive a return call from the 4 parents. During the observation on 7/13/23 and 8/17/23, LPA inspected the kitchen and did not observe spoiled/rotten fruits. Based on interviews conducted, the complaint alleging staff did not provide adequate food service is found to be unsubstantiated. Although the allegation may have happened or is valid, there is not enough preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is unsubstantiated. Page 4 An exit interview conducted with director. Appeal Rights were explained. The Director was provided a copy of appeal rights (LIC 9058 01/16) 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. First level appeals should be sent to the regional manager to the address listed above. The Notice of Site Visit was posted and discussed as required by H&S Code Sec. 1596.817. Notice of Site Visit must be posted for 30 consecutive 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.