Inspector’s narrative
What the inspector wrote
LPA interviewed 5 staff, during the staff interviews, Staff #2 (S2) stated, “No I don’t feel the outside equipment to be unsafe, it has been repaired, it was taped off and children could not play on it. I noticed today the swing is broken, and the bridge with tape is the one that was repaired.” Staff #3 (S3) stated “The Director got the outside equipment fixed. It is a temporary fix for now, until we get a new one.” Staff #5 (S5) stated, “The swing is being repaired soon, it has been broken for about a week, and now it will be repaired. The outside equipment has been fixed and tape was placed over it to be more secured. The Director is looking into to buying a new outside equipment.”
LPA Duron interviewed 5 parents. 5 out of 5 parents did not have any concern with the facility.
LPA Duron interviewed 5 children, during children interview, Child #2 (C2) stated “We play, some swings, and slides, the swing the kids just broke it. C2 stated, we don’t use sandbox because there is cat pee and poop. Child #3 (C3) stated, C3 maybe someone broke it, only one swing works.
On initial visit dated 5/1/24, LPA observed facility's playground and outside equipment. LPA observed one broken swing with chain link unattached to swing. LPA observed swing swung over the top of the swing set and was inaccessible to children in care. LPA observed playground equipment. LPA observed children's play equipment bridge covered with electrical tape. LPA also observed facility's sandbox outdoors. LPA observed sandbox to have foam mats inside sandbox along with a large plastic container. LPA asked S1, "How often do you use the sandbox? " S1 stated, "we need to clean the sand box, when we get the disinfectant to clean and sanitize the kids can use it so we keep to covered until we buy the cleaner, so the kids use it once a week sometimes if it's clean because sometimes cats poop in it, that's why we keep it covered."
Based on LPA’s interviews and observation, the preponderance of evidence standard has been met, therefore the above allegation has found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12, Chapter 1 Section 101238(a) Buildings and Grounds. Please refer to attached 9099D for documentation of deficiencies.
This requirement is met as evidence by: Based on LPA’s interviews and observation. LPA observed facility’s outdoor equipment, swing was broken and in need of repairs, outdoor equipment bridge was taped with electrical tape and through interviews the sandbox was not clean or sanitary which poses a potential health risk to the children in care.
Page 2 of 3
An exit interview was completed. The report was reviewed and discussed. Appeal Rights were provided. The facility representative was provided a copy of their appeal rights and their signature on this form acknowledges receipt of these rights. All appeals must be in writing and received by the Licensing office within 15 business days. Any proposed changes to the physical plant, including telephone number, shall be immediately reported to the Department.
The facility representative was informed that the “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 3 of 3. End of Report.
During the course of investigation, LPA interviewed 5 staff members, 5 children, 4 parents, and reviewed records.
Regarding allegations (1)
Staff handled daycare child in a rough manner.
LPA interviewed 5 staff members. 5 out of 5 staff stated they have not witnessed staff handling a daycare child in a rough manner. Staff #1 (S1) stated, if S1 witnessed a staff handle a child in a rough manner, S1 would talk to Director and would report it. S2 stated, if S2 had witnessed a staff handle a child in a rough manner, S2 would talk to the teacher about it right away and talk to the director right away. S3 stated, if S3 witnessed a staff handle a child in a rough manner, S3 would talk to the teacher and help the child. S3 would report it right away.
Regarding allegations (2) Staff yelled at daycare child.
LPA interviewed 5 staff members. 5 out of 5 staff stated they have not witnessed a staff yell at a daycare child. S1 stated, S1 has not witnessed staff yelling at a daycare child, S1 stated, sometimes staff use a firm voice. Not all the time only when a child is not being safe or going to hurt someone. S2 stated, S2 has not witnessed S1 yelling at daycare child. S2 stated, S1 speaks to the children in a firm voice. S2 stated, if S2 did witness S1 yelling at child, S2 would intervene and talk to S1.
Regarding allegations (3) Unqualified staff providing care and supervision to daycare children.
LPA interviewed 5 staff members. 5 out of 5 staff stated they are qualified for their position. LPA reviewed staff files. After reviewing staff members files, it was determined each staff member is qualified for their position.
LPA interviewed 5 children and the children did not make any disclosure regarding the above allegations.
LPA Duron interviewed 4 parents. All interviewed parents stated they did not have any concern with facility.
Based on the information gathered from LPAs’ interviews, observation, and the reviewing of records, there is insufficient evidence to corroborate the allegations: The facility was/is out of ratio. Infant was restricted to the cot and forced to sleep. The cots were not arranged so as to provide a walkway. Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the allegations did or did not occur in the day care facility, therefore the allegations are UNSUBSTANTIATED.
Page 2 of 3
An exit interview was completed. The report was reviewed and discussed. Appeal Rights were provided. The facility representative was provided a copy of their appeal rights and their signature on this form acknowledges receipt of these rights. All appeals must be in writing and received by the Licensing office within 15 business days. Any proposed changes to the physical plant, including telephone number, shall be immediately reported to the Department.
The facility representative was informed that the “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 3 of 3. End of Report.
