complaint·August 4, 2021

It was observed that no children were wearing masks in Room#6.A review of staff records on this date indicated that all facility staff or other individuals who required caregiver background checks have received criminal record and child abuse index clearances or exemptions. On 07/21/2021 an anonymous complaint was filed regarding the allegation of "Children are not required to wear masks\342\200\235. According to complaint report, this facility states that they are not requiring children ages 2 and older to wear masks. On 07/26/21 LPA Villa interviewed six staff including the Director. Six out of six staff interviewed stated it is company policy that children ages 2 and older not be required to wear a mask. LPA Villa covered COVID-19 guidelines with the Director and also confirmed a COVID-19 technical assistance inspection was conducted. Director stated the technical assistant call was conducted on 05/29/21 with LPA Torrence. During this technical assistance call all COVID-19 requirements were discussed with the Director including the use of masks. LPA Villa asked the Director if she has participated in the Local Licensing calls where COVID-19 requirements were discussed. Director stated she attended a few of the licensing calls and on one occasion had to disconnect the call early before it ended. On 07/26/21 LPA Villa obtained a written email communication between LPA Torrence and Director Vasquez date stamped 01/20/21 @10:26 AM. LPA Torrence \342\200\234You must follow the OC Public Health Guidelines and CDC guidelines, which state children over age of 2 wear face covering. However, you can not force the child to wear a mask/face covering that would be a violation of his/her personal rights." Based on disclosures obtained during staff interviews, 6 out of 6 staff collaborated that the facility policy not required children ages 2 an up to wear masks. They encourage it only if a child comes in with a mask, they remind the child to place it back on however do not require it. Per Director they do not have extra masks in the children\342\200\231s classrooms since masks are not required for children ages 2 and above. Director states most of the parents attending the facility have chosen to place their children at this facility because they do not require children ages 2 and up to wear masks. Per disclosures obtained during interviews, in rare situations, parents may send children with masks, but children are free to take them off. During the inspection on 07/26/21, LPA\342\200\231s observed children over 2 years old were not wearing masks. Staff were wearing masks but no children.The facility did not make any efforts to encourage the children to wear mask. This requirement was sent to all the childcare providers by different 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 information obtained during interviews it was found the facility did not inform the parents of this requirement however highly encouraged. The Guidance for Childcare Industry Covid-19 update guidance: Childcare Programs and providers July 17, 2020 stated: children aged 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. On 7/26/21, based on personal observations and disclosures the facility did not ensure the personal rights of persons in care to safe and healthful accommodations. In this facility children did not 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. A copy of the County of Orange Health Officers Orders (Revised 06/17/21) was provided to the Director on today\342\200\231s visit, Page 5 of 9 indicates masks are required, indoors in K-12 schools, childcare and other youth settings. PIN 21-18 CCLD was provided to the Director with the latest guidance on masks. Director was provided with added resources, print outs related to COVID-19 and LPA Villa showed the Director how to access the latest PINS, related to COVID-19. LPA Villa also provided the date and time for the next Licensing call and highly encouraged the Director to attend the call. Statewide Face Covering guidance, CDHP Guidance for Facial Coverings \342\200\223 (Updated June 4th, 2021) Federal Guidance on Face Masks: CDC Facial Covering Guidance: This guidance supersedes prior COVID-19 guidance in the COVID-19 Update Guidance: Child Care Program and Providers dated July 17, 2020. Licensees and other child care providers should continue to follow COVID-19 requirements and guidance in all applicable California Department of Social Services (CDSS) and Community Care Licensing (CCL) Provider Information Notices (PIN), in addition to guidance or requirements from California Department of Public Health (CDPH), California Department of Industrial Relations Division of Occupational Safety & Health (Cal/OSHA), and local public health departments, as applicable to the particular facility. If there are differing requirements between the most current CDPH, CCL, Cal/OSHA, and local health department guidance or health orders, licensees and providers should follow the strictest requirements. Implementation of this guidance should be adapted for the setting in which you provide care and may require training and support for staff and adequate consideration of children and family needs. Follow the guidance for the childcare industry to minimize the spread of COVID-19. Based on LPA's interviews which were conducted with a total of 6 staff (including the director) and LPA's observations, the preponderance of evidence standard has been met, therefore the allegation of \342\200\234Children are not required to wear masks\342\200\235 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. 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. Exit interview was conducted with director Jenny Vazquez.