Complaint·March 30, 2022

Page 2 The Complainant stated that the facility does not require the children to wear mask, they leave it up to the parents. The complainant was able to provide photos of children without face coverings. The photographs submitted by the Complainant showing 11 children with no face covering during circle time. During the investigation LPA discovered that the facility has an Instagram under Marley preschool showing pictures of children without face coverings while indoors, during group activities with teachers. The pictures were dated in July 2021 thru December 2021. The mandate prior to March 12, 2022 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. On 1/6/22, LPAs conducted interviews with 4 staff including the director and 10 preschool children. According to the director, staff practice mask wearing with children daily for 15 minutes during small group. Director states each child has a surgical mask available in their cubbies. The Director also indicated all the families do not want their child masked and leaves the decision to the parents if they would like to have their child masked. One staff indicated they practice wearing mask with children for 15 minutes during small and whole groups. Small Group may consist of 3 or 5 children vs the Whole Group which is the whole classroom i.e. Green Room. However outside of practicing of wear mask; children are not required to wear their mask. The practice of demonstrating to the children to wear mask ocurrs approximately 9:30 a.m. or 10:45 a.m and 3:30 p.m. in the Small group. In the Whole Group the practice of children wearing mask is approximately 9:00 a.m. & 11:45 a.m. Children practice 4 times a day to wear the mask, and then children are not required to wear the mask if they choose to. The 2 of the 4 staff stated they encourage children to wear a mask, but children will either take them off or not wear the mask. The staff do not require the children to put their mask back on. During the interview with 10 children; 1 stated they wear mask all the time, 3 stated they do not wear them and 4 stated they wear mask sometimes. There were no disclosures from the 2 of the 10 children. On 1/25/22, LPA called 6 parents of which 3 of the 6 were interviewed. There was no disclosure from the 3 parents. LPA did not receive a call back from the 3 other parents. Page 3 Childcare providers must comply with requirements in the Guidance for the Use of Face Coverings issued by the California Department of Public Health (CDPH). This public health order was issued under the authority of Health and Safety Code sections 120125, 120140, 120175, 120195, and 131080. The current CDPH Guidance for the Use of Face Coverings (July 28, 2021) requires that all individuals in childcare settings wear face coverings while indoors, regardless of vaccination status. The Director failed to ensure the personal rights of children in care to safe and healthful accommodations, and engaged in conduct inimical to the health, welfare, and safety of the children in care, in that the children were not encouraged to wear face coverings while indoors at Marley’s Preschool as required by the State Public Health Officer order dated June 11, 2021 requiring compliance with CDPH Guidance for the use of face coverings. and the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards (ETS). An exemption to the order face coverings did not apply. This agency has investigated the complaint alleging facility is not following proper COVID-19 mask guidance. The preponderance of evidence standard has been met; therefore, the above allegation is found to be SUBSTANTIATED. Exit interview was conducted. Notice of Site Visit was posted during the visit. Director 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. Director was provided a copy of their appeal rights (LIC 9058 01/16) and their signature on this form acknowledges receipt of these rights. First level appeals should be sent to the regional manager to the address listed above. Page 2 The complainant alleged the facility discriminated against daycare Child #1 (C1). According to the complainant, C1 was discriminated due parent wanting C1 and all the children in the school to follow COVID guidance. The complainant’s beliefs did not align with the other families being served. The complainant stated that the Director indicated that the teachers felt they were over-accommodating the parent of C1’s regarding COVID guidance. LPAs conducted an interview with 4 staff including the Director. According to the Director, parent of C1 informed the director of disenrolling C1, however no date was given. On 12/19/21, the Director stated during a phone call between director and parent of C1, the parent of C1 not being happy with the facility; The Director stated to the parent “that it might be a good idea to give your two-week notice”. The facility was closed for the holidays from December 17, 2021 thru January 2, 2022. The parent of C1 requested to keep C1 until they can find another childcare, the facility agreed. On 1/2/22, Director received a message from the parent of C1 stating C1 will not be returning to the school. There were no disclosures from the 3 staff interviewed were unaware on the reason C1 did not return. This agency has investigated the complaint alleging facility discriminated against daycare child. Although the allegation may have happened or is valid, there is not enough preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is unsubstantiated. Exit interview was conducted. Notice of Site Visit was posted during the visit. Director 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. Director was provided a copy of their appeal rights (LIC 9058 01/16) and their signature on this form acknowledges receipt of these rights. First level appeals should be sent to the regional manager to the address listed above.