Complaint·January 23, 2023

On 10/25/2022 The reporting party stated that there that concerns expressed to the director and administration, and they blatantly refuse to act. On 10/28/2022 LPA was unable to interview the reporting party to obtain additional information, due to complainant not providing contact information. On 11/03/2022. LPA Gutierrez made an unannounced inspection to the facility regarding the alleged allegation of personal rights of the facility not providing a safe environment for day-care children. During the complaint investigation visit conducted on 11/03/2022, LPA interviewed 7 staff (Staff #1- Staff #7), obtained a copy of the personnel report (LIC 500) and the children’s roster (LIC 9040). On 11/03/2022 prior to the visit to the facility LPA reviewed records for the facility of not reporting the incidents that allegedly occurred at the facility resulting in not providing a safe environment for the children. On 11/03/2022 Staff #1 (S1) stated the child in question (Child #1) throws sand, rocks, and other objects while at the facility. S1 stated that this happens daily and in one incident S1 had to protect 5 other children from C1 while in a classroom (date unknown) S1 stated that they recall observing C1 kick a staff member, who was pregnant at the time, in the stomach. S1 stated that C1 behavior was a concern and brought it to the director’s attention and nothing was done at the time. S1 said that on an unknown date a staff in the upper management was scratched on the neck and bit so C1 was sent home. The director stated that these incidents were observed by other children in care. S1 stated that the director says that the facility needs to work with C1 and that C1 gets easily agitated. S1 stated that C1 has hurting every single teacher at this facility until they bleed and that it has been going on since the Summer of 2022 and that this is a concern because the other children witnesses these incidents. On 11/03/2022 Staff #3 (S3) stated that C1 causes harm to children and staff. S3 stated that there is no support from the director, and nothing Is done about it. S3 said that this has been going on since July of 2022. On 11/03/2022 Staff #5 (S5) stated that C1 has thrown a chair at staff, hit many children and had thrown objects in the air. When S5 asked for support from the director, the director’s repose was that according to title 22 we must work with C1. S5 stated that C1 is harming others and for the safety of children and staff , something needs to be done. Page 2 of 4 On 11/03/2022 the director stated that she is working with the family of C1 since 10/28/2022 and the child requires one on one which is not doable due to limited staff. On 11/03/2022 The director stated that an agreement had been made and signed on 10/28/2022 of an arrangement with the family of C1 to utilize Start Well to help meet the needs of C1, but there has been no date set yet. The director stated that there have not been any recent training's for the staff on discipline policy on how to handle this matter. LPA asked the director if the staff have been trained recently given the circumstances of the incidents with C1. On 01/23/2023 The director stated that she acknowledges that the personal rights of the children in the program were being violated due to them witnessing C1 hitting staff and hitting the other children . The director also stated that the staff are taught to use Social Emotional Learning which are color zones to assess feelings and for the staff to acknowledge those feelings. The last training that was provided to staff was an in-service training in March of 2022, but no training's have been provided. All other staff interviewed had no disclosures of the alleged allegation. On 01/23/2023 The director stated that she acknowledges that the incidents that were witnessed by the other children and staff should have been reported to their local licensing agency. On 11/03/2022 LPA briefly talked to C1 and was not able to qualify C1 due to being distracted with an activity C1 was provided while in class. On 01/23/2023 LPA was not able to qualify the children in the 3s class due to distractions and limited language abilities. On 12/16/2022 – 12/28/2022 LPA contacted 11 parents of the children enrolled in the preschool program. On 12/19/2022 Parent #3 (P3) stated that their child has come home with 2 injuries that were not re ported to them and that their child comes home. On 12/23/2022 Parent #9 (P9) stated that their child has come home with 2 injuries that were not explained on a written report. On 12/28/2022 Parent #10 (P10) stated that their child was getting hit by another child at the facility and there was a lot of injuries to their child. P10 stated that their child would come home stating that another child kept throwing things at them. On 12/19/2022 Parent #1, #2, #4, #6 and #7 had no disclosers about the alleged allegations. LPA made multiple attempts to contacted Parent #5 and #8, parents were not responsive to voicemail's left. Page 3 of 4 Based on statements and information received the allegation of personal rights- that the facility is not providing a safe environment for day-care children is deemed 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 facility director did not provide support to the children, parents, and staff by developing an action plan sooner to avoid violating the personal rights of children in care . At this time a plan has been developed by the director and start well for C1, but C1 is not longer enrolled at the facility. This plan of action was implemented by the director after the complaint was received. It was further revealed that the facility did not report multiple incidents that were discussed in the interviews during the investigation to their local licensing office. The following were revealed and are being cited in accordance with California Code of Regulations, Title 22, Division 12, Chapter 1, Section 06 101223 (a) (2) and 101212 (d) (1) (C), are being cited on the attached LIC 809D. A declaration statement acknowledging the substantiated allegations provided by the director during today's visit. Exit interview conducted and report was reviewed with the director, Rebekah Bay . Appeal Rights and deficiencies were discussed. The facility representative was provided 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. A notice of site visit was given and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100. Page 4 of 4