complaint·March 2, 2022

Page 2 obtain a criminal record clearance or exemption, or transfer their existing clearance or exemption, prior to initial presence in a Child Care Center. A civil penalty of $100.00 minimum/day up to $500.00 maximum per day/per person will be assessed if this regulation is violated. On 01/26/22 the Orange County Child Care Office received a complaint alleging staff are not wearing masks at the day care. The reporting party (RP) stated not all the staff are consistently wearing masks at the day care. The mandate in effect when the complaint was received from California Department of Public Health is for all individuals age 2 and up to wear a face covering while indoors irrespective of vaccine status. During the investigation LPA conducted interviews on 02/01/22 with 8 staff and 5 parents. All 5 parents did not disclose any concerns. All 8 of 8 staff interviewed stated children must wear masks indoors but not required when outdoors. Of the teachers interviewed 6 of 8 stated one teacher consistently does not wear a mask. They reported to have witnessed staff not wear a mask when passing each other in the hallway of the building, inside staff’s classroom. All 8 of 8 staff interviewed stated there is a mask wearing policy for staff which is to always wear masks when indoors and not required when outdoors. During the facility tour on 02/01/22 LPA observed one staff inside classroom which is not fully enclosed but an open concept where wall on entry way/arch is approximately three feet tall. LPA observed Staff in classroom without a mask. LPA observed Staff with what appeared to be a lunch bag and water bottle/white tumbler in Staff’s hands. LPA observed a surgical mask hanging from Staff's right wrist. Staff advised LPA that "I had it on, there is no one here. I drank coffee" LPA did not observe cup of coffee but observed a water bottle/white tumbler. During today’s visit, at 9:15 LPA Rivas observed two staff in Kinder Classroom not wearing masks. The two staff from the Kinder Classroom were speaking to teachers across the hallway to two staff in the Pre K Classroom. The Kinder Classroom and PreK Classroom do not have a fully enclosed room. The entry/Arch Way has an approximately three foot wall. Interview with Director Ms. Estrada states that teachers are allowed to drink water in their classrooms but need to eat in the staff lounge. Continued on page 3 Page 3 Based on observations on 02/01/22 and 03/02/22 and interviews conducted with 8 staff members and 5 parents, the licensee failed to ensure children are to be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs. This requirement was not met as evidenced by 6 of 8 teachers interviewed stated one staff consistently did not wear a mask indoors. LPAs observation on 02/02/22 of one staff in Pre K Classroom not wearing a mask and on 03/02/22 LPAs observation of two staff not wearing a mask in Kinder Classroom. Therefore, the preponderance of evidence standard has been met, therefore the above allegation masks are not being worn at the day care is found to be substantiated. California Code of Regulations, Title 22, Division 12 & Chapter 1, Section 101223(a)(2) is being cited on the attached LIC 9099D. Notice of Site Visit 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. LPA provided Director with PIN 21-29 CCP copy of the PIN which was in effect when complaint was received California Department of Public Health (CDPH) Guidance for the use of face mask Exit interview conducted and report was reviewed with Director Estrada. Appeal Rights were explained, Director was provided a copy of her Appeal Rights and signature on this form acknowledges receipt of these rights. Director was informed 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 post will result in civil penalties of $100.00. The Notice of Site Visit must be posted on or adjacent to the door. Page 2 During the investigation LPA conducted interviews on 02/01/22 with 8 staff and 5 parents. All 5 parents did not disclose any concerns. Of the 7 of 8 staff interviewed stated they did not observe any staff working while sick. All 8 of 8 staff interviewed denied working while sick. Director reported their procedures requires all staff to have their temperature taken upon entering the facility and she or her assistant observe staff for symptoms throughout the day. Director reports she has advised staff not to report to work if they are ill. LPA P Rivas could not corroborate this allegation. In Reference to the allegation that facility is not reporting positive COVID 19 cases; During the investigation LPA conducted interviews on 02/01/22 with 8 staff and 5 parents. All 5 parents did not disclose any concerns. Director reported she or her staff have submitted Unusual incident reports (UIR) for Covid-19 positive cases. It was noted during visit that the UIRS reported were incorrectly reported under license#304370879 with exception of one UIR for 01/13/22. Director provided corrected copies of Unusual incident reports for this facility. Even though the initial reports were not made under this license number, Reports were provided to CCL under the license number that shares the building, under a different Component. Director also reported when she was called back by Department to make reports she had already submitted UIR for 01/13/22 and believed information was obtained by CCL. Based on the available information LPA could not corroborate this allegation. Notice of Site Visit 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. Exit interview conducted and report was reviewed with Director Estrada. Appeal Rights were explained, Director was provided a copy of her Appeal Rights and signature on this form acknowledges receipt of these rights. Director was informed all appeals must be in writing and received by the Regional Office within 15 business days.