Inspector’s narrative
What the inspector wrote
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The Complainant Party (C/P) reported an allegation: Facility is operating out of ratio. C/P disclosed that she has cared for up to 13 children alone.
During interview conducted with current Director. Director disclosed that she started working at the facility as of 12/21/2020. Director disclosed previous Director: Carola Sanchez last day worked was 12/18/2020. Director disclosed that she currently has enough staff and if needed she steps in and helps in classrooms. Director disclosed that she has no incident reports for alleged incident of child#6. Director disclosed she is not aware of what occurred before she began working at facility, no documents available for review.
During interviews conducted with 4 Staff, 2 staff disclosed each had 13 children in classroom by themselves on 12/15/2020 and 12/17/2020. Staff disclosed facility was short staff therefore were out of ratio. A staff disclosed facility would be out of ratio when Child#9 would attend, the child only attends day care twice a week. Staff disclosed on 12/15/20 and 12/17/20 when the Director left home early at 3pm, this caused one of the classrooms to be out of ratio. Previous director admitted that when had to leave the facility, this would cause a classroom to go out of ratio. Previous director disclosed had to help in classroom as facility was short staff. A staff disclosed, did not have ratio issues. A Staff disclosed facility has been out of ratio 2-3 times since staff began working at the facility. Staff disclosed when facility has been out of ratio, previous director is informed.
During Interviews conducted with 6 of 8 Parents, Parents disclosed facility has enough staff and have observed between 8-10 staff. Parents disclosed due to COVID they are not allowed to enter facility therefore are not aware of how many staff work at day care. Two parents mentioned facility has had a high turnover of staff. All parents disclosed they have no concerns.
Based on LPA interviews conducted with 5 Staff, 6 of 8 Parents and records reviewed, the facility failed to comply with staffing/ratio requirements. This requirement was not met as staff disclosed during interviews of exceeding maximum capacity of 12 to 1, by being out of ratio with 13 children with 1 staff in two preschool classrooms on 12/15/20 and 12/17/20. Therefore, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Section 101216.3(a) is being cited on the attached deficiencies page.
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101216.3(a) Teacher-Child Ratio: (a)There shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance, except as specified in (b) and (c) below.
The Complainant Party (C/P) reported a second allegation: Staff allowed children to use the bathroom without supervision. C/P disclosed on 12/17/20 as a result of being out of ratio a child was left in the bathroom for 15 minutes and came out crying.
During interview conducted with current Director. Director disclosed that she started working at the facility as of 12/21/2020. Director disclosed previous Director: Carola Sanchez last day worked was 12/18/2020. Director disclosed that she currently has enough staff and if needed she steps in and helps in classrooms. Director disclosed that she has no incident reports for alleged incident of child#6. Director disclosed she is not aware of what occurred before she began working at facility, no documents available for review.
During interviews conducted with 4 Staff, the 3 of 4 staff disclosed bathroom is in the middle of the three classrooms, between Room#1 and Room#2. Staff disclosed if children need to use the restroom, they will send them and stand at the door and watch children and classroom at same time. Children sent to the restroom are self-sufficient, in transitional kindergarten. Staff disclosed children are never unsupervised, always being watched. A staff disclosed if they are outside in the playground and they are short staff and a child/ren need to use restroom, staff will line up all children and they all go to restroom. If there are two staff out in the playground, then one staff will take the children to the restroom while the rest of children play outside. A staff disclosed that child#6 was left alone in the restroom it is unclear who left the child in the restroom or how the child ended up in the restroom alone, while classroom was outside in playground. Staff disclosed child#6 was left alone for about 5-10 minutes, until a staff finished setting up mats and realized a child was in another classroom alone. A staff disclosed hearing about incident regarding child#6. The teacher in charge of the classroom when the incident occurred, the class was having lunch outside, when the teacher realized there was a child missing. Staff disclosed took class back inside classroom, to look for child. Staff disclosed found child sitting in classroom table playing with toys. Staff disclosed was working as a teacher, due to being short staff.
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All staff disclosed if an incident occurs at facility, the Director will notify parents at pick up time and the more serious incidents, the Director will contact parents immediately and provide an incident report. Staff#5 disclosed never wrote incident report, did not report incident to parent or licensing department.
During Interviews conducted with 6 of 8 Parents, Parents disclosed facility has enough staff and have observed between 8-10 staff. Parents disclosed communication is good with staff, if any incident occurs parents are notified at pick up time. All parents disclosed they have no concerns.
Based on LPA interviews conducted with 5 Staff, 6 of 8 Parents and records reviewed, the facility failed to supervise children by leaving child#6 alone inside the classroom for 5-10 minutes without adult visual/absence of supervision. This requirement was not met as two staff disclosed during interviews, child was left alone inside classroom unsupervised for 5-10 minutes, after staff counted children and realized was missing 1 child. Therefore, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Section 101229(a)(1) Responsibility for Providing Care and Supervision is being cited on the attached LIC 9099D deficiencies page. Also, an immediate $500 civil penalty is being issued today.
Additionally, child absence for 10-15 minutes was not reported to parents in a timely manner, nor to Licensing Department as an Unusual Incident Report (LIC 624) therefore, the preponderance of evidence standard has been met, the facility is being cited under Title 22, Reporting Requirements 101212(d)(1)(C ), please see attached LIC 9099D.
101229(a)(1)Responsibility for Providing Care and Supervision (a)The licensee shall provide care and supervision as necessary to meet the children's needs. (1)No child(ren) shall be left without the supervision of a teacher at any time, except as specified in Sections 101216.2(e)(1) and 101230(c)(1). Supervision shall include visual observation.
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101212(d)(1)(C) Reporting Requirements: d)Upon the occurrence, during the operation of the child care center of any of the events specified in (d)(1) below, a report shall be made to the Department by telephone or fax within the Department's next working day and during its normal business hours. In addition, a written report containing the information specified in (d)(2) below shall be submitted to the Department within seven days following the occurrence of such event. (1) Events reported shall include the following: (C)Any unusual incident or child absence that threatens the physical or emotional health or safety of any child.
This report cites a Two Type A violation and shall be provided to parents/guardians of children currently in enrolled and to parents/guardians of children newly enrolled at the facility during the next 12 months. Parents/guardians must sign Form LIC9224 to be kept in each child's file.
Exit interview was conducted with Director Ashley Neitzke via Tele-Inspection. Report was read to Director. A copy of the report along with Appeal Rights will be emailed to Director with a Read Receipt to acknowledge report was received. If Read Receipt is not functional, Director will respond to email stating \342\200\234I have read and received the report, I acknowledge receipt.\342\200\235 LIC 9099 will also be mailed if those options are not available.
End of Report
