Inspector’s narrative
What the inspector wrote
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Complainant alleges: Facility is not following county guidelines regarding masking for children. Complainant also alleges facility did not require masking, and masking was optional. Complainant submitted: A letter dated 9/3/2021 to children\342\200\231s authorized representatives stating, \342\200\234Masks must be worn upon entering the school and throughout daily indoor instruction,\342\200\235 a School Closure letter stating the facility closed in November of 2021 due to increase in COVID-19 cases, and a message on the school\342\200\231s Procare application stating there was a COVID positive test result reported, and for safety reasons are sending the children home today (12/13/2021).
On date complaint was received, 3/10/2022, the California Department of Public Health Guidance was as follows: The CDPH Guidance for the Use of Face Coverings (last updated July 28, 2021) requires that all individuals in child care settings wear face coverings while indoors, regardless of vaccination status. Per California Department of Public Health (CDPH), Child Care providers must comply with requirements in the Guidance for the Use of Face Coverings issued by the CDPH. This public health order was issued under the authority of Health and Safety Code sections 120125, 120140, 120175, 120195, and 131080.
During the course of investigation, on 3/10/22, LPA observed staff wearing masks in the classrooms. On 3/10/22, In 2 of the classrooms observed, LPA observed 38 children out of the total 39 children not wearing a face mask. LPA also observed a total of 41 children outdoors. Mask mandate did not apply to children outdoors. LPA interviewed 5 staff on 03/10/2022. During interview conducted with the Director (S1), she stated mask mandate was lifted on February 25th, 2022 by the Centers for Disease Control (CDC). Director also stated that prior to February 25th, 2022, the teachers would have the child come in with a mask on. Director stated there was ongoing communication, via email or in-person, with staff and children\342\200\231s authorized representatives regarding current COVID-19 mandates. Director and 4 additional staff denied face masks being optional up until February 25th, 2022. All interviewed staff described their policy and procedures to prevent Covid-19 including children continually wash hands, give verbal reminders to wear masks indoors, encourage children to wear masks indoors, helped children with their wearing their masks properly, and stated that If the children forgot a mask, the children had to get their extra masks in clearly labeled ziplock school bag or the school provided extras. Per 5 out of 5 staff interviewed, mask mandate was lifted the following week (week of February 28th,2022) due to CDC updated guidance that was received from the school.
During record review, LPA Gontarek obtained and reviewed the facility roster, facility\342\200\231s updated Covid-19
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Protocols, Policies and Procedures for school\342\200\231s 2020-2021 school year and a copy of the facility\342\200\231s
Assumption of Risk and Waiver Liability Relating to Coronavirus/COVID-19, stating the CDC guidelines. LPA obtained pictures of children wearing face masks for the month of January 2022. LPA reviewed CDC resource provided by Director, stating \342\200\234with the new guidelines, the CDC is only recommending mask wearing in schools in counties that are designated high risk.\342\200\235 Director also provided a copy of a letter sent to children\342\200\231s authorized representatives, which included COVID-19 County Check for Orange County, showing facility as a \342\200\234Medium\342\200\235 risk area, and stated \342\200\234People may choose to mask at any time.\342\200\235 On March 11th, 2022 at 11:59 p.m., mask mandate changed to: CDPH Guidance for the Use of Face Masks strongly recommends that all individuals in child care settings use face masks indoors, regardless of vaccination status, to reduce the spread of COVID-19.\342\200\235 Due to the Director receiving misinformation, Director made a mistake allowing for masking to be optional, and no longer required masking from February 25th 2022 through March 10th 2022.
Based on the information gathered from LPA's observations on 03/10/2022, interviews conducted with 5 staff, facility\342\200\231s updated Covid-19 Protocols, Policies and Procedures for school\342\200\231s 2020-2021 school year, and other documentation received, the preponderance of evidence standard has been met, therefore the allegation of \342\200\234Facility is not following mask mandate\342\200\235 from February 25th 2022 through March 10th 2022 due to misinformation obtained is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12, Chapter 1, Personal Rights- Section 101223(a)(2): The licensee shall ensure that each child is accorded the following personal rights: To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs. On 03/10/2022, licensee did not ensure the personal rights of persons in care to safe and healthful accommodations. In this facility, children over 2 years old were not required to wear face coverings after February 25th, 2022, while in the facility, as required by the CA Dept. of Public Health Guidance on the use of face coverings on children, and individual mask exemptions did not apply.
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 rights (LIC 9058 1/16) and their signature on this form acknowledges receipt of these rights.
Exit interview was conducted.
In the area which was investigated, the following deficiency was cited today on the attached LIC 9099D.
This report ends here.
