complaint·July 8, 2024

Page 2 of 2 classrooms and not the designated restroom for employees. It was also stated, the restroom does not lock as well. During the course of investigation, LPA interviewed 10 staff working at the facility, including staff # 1 and 2, interviewed 10 qualified children, and contacted 10 parents of whom two parents responded. Staff denied using children’s bathroom. They stated they use adults' restroom which is designated for them. During interviewing with staff, staff # 1 admitted they use the children’s bathroom in one of the classrooms during their lunch break when children are napping. Staff # 1 stated they ask staff # 2 to watch the door when staff # 1 is using the children’s restroom in the classroom. This was confirmed with staff # 2 during interview. LPA interviewed ten children who did not disclose their teachers use the restroom in the classroom. During the course of interviews with 10 staff, 10 children, and 10 parents of whom 2 responded with positive feedback, it was determined the preponderance of evidence standard has been met, the allegation of "staff are not using designated staff restrooms." is found to be SUBSTANTIATED. Type B under California Title 22 Regulations Section 101239 Fixtures, Furniture, Equipment and Supplies is cited on 9099D next page. The director, Athana Howard was informed that the “Notice of Site Visit” must be posted for 30 consecutive days. The “Notice of Site Visit” must be posted on or adjacent to the door. Failure to post will result in Civil Penalties of $100.00. The director, Athana Howard was provided with a copy of their appeal rights (LIC 9058) and their signature on this form acknowledges receipt of these rights. All appeals must be in writing and received by the Regional Office within 15 business days. The exit interview was conducted with director, Athana Howard Page 2 of 3 Per complaint report, sometime last year, child # 1 was spanked on the bottom by staff # 3. Staff # 3 was reported rude and mean to children. Staff # 3 was observed slammed child # 2 to sit down on the bench while pushing child # 2’s forehead with finger stating,"You're just bad." The report stated staff # 1 and staff # 2 would engage in altercations in front of the day care children. It was also reported the nap mats are ripped and torn. During the course of investigation, LPA interviewed 10 staff working at the facility, including staff # 1, 2, and 3, interviewed 10 qualified children including child # 1, and 2, and contacted 10 parents of whom two parents responded. Regarding the allegations of “Staff hit day care child in care” and “staff spoke to day care child in an inappropriate manner”. Per complaint report, sometime last year, child # 1 was spanked on the bottom by staff # 3. Staff # 3 was reported rude and mean to children. In another incident, staff # 3 was observed slammed child # 2 to sit down on the bench while pushing child # 2’s forehead with finger stating, "You're just bad”. LPA interviewed 10 staff. Staff did not confirm the allegation of witnessing staff hit any child in care. Staff # 3 denied being physical with any children or use inappropriate language. Staff # 3 stated that they have gone through a lot of training. If children do something which is not right, they ask them why they did that? And they talk to the child kindly. They raise their voice outside to tell them “Hey everyone let's stand in line to go inside”. Staff # 3 denied spanking any child ever. Staff # 3 said they touch children by love and hug, and they are calm and never used any inappropriate language towards any child. Staff did not confirm observing any staff to be physical and be unkind to children using inappropriate words. According to management, the incident of staff # 3 spanked child # 1 on the bottom was brought up to their attention last year on 5/9/2023. The management did the internal investigation, interviewing 6 staff with their declarations who were on the playground at the day and time of the alleged incident. They stated they checked the camera footage of cameras 2, 3, and 10 from 3 separate angles from 3:15 to 4:00 pm and 4:30 to 5:05pm when child # 1 was out on the playground on that specific date. They said they did not witness any interaction between staff # 3 and child # 1. LPA interviewed child # 1. Child # 1 stated staff # 3 spanked the child on the bottom close to 19 times. However, there were discrepancies in the child’s statements. Child # 2 was also interviewed who did not disclose any inappropriate behavior from staff. The rest of the children were interviewed (total of 10 children) and they stated their teachers have not done any inappropriate Continued on page 3 Page 3 of 3 behavior or language towards them. The incident regarding reporting alleging the personal rights violation of children was not reported to the Department as it was required to. Type B citation was issued under reporting requirement section 101212(d) on next page of LIC 9099D. Regarding the allegation of “staff engaged in an altercation with another staff in the presence of day care children. Per complaint report, staff # 1 and staff # 2 would engage in altercations in front of the day care children in one of the classrooms. LPA interviewed a total of 10 staff. Staff did not confirm witnessing the above allegation. LPA interviewed staff # 1 and staff # 2. Staff # 1 stated there was no incident between them and staff # 2. It was conversation and no altercation. Staff # 1 stated they accidentally bumped into each other with staff # 2 when they were passing by. During lunch time, they were going to make the beds, they walked in front of staff # 2 while they were wiping the table. Staff # 1 stated they apologized and that was it. Staff # 2 stated staff # 1 pushed them and yelled at them in front of children. LPA interviewed a total of 10 qualified children who did not disclose observing any yelling or pushing. Regarding the allegation of “Staff does not ensure facility nap mats are in good repair”. Per the complaint report nap mats are ripped and torn. LPA inspected all the mats for napping in each classroom. LPA observed a few mats here and there are torn and ripped on the sides of the mats. However, after interviewing 10 staff, LPA was told that they are supposed to throw away the torn mats and not use them. They said they were allowed to order new mats from a spread sheet or let the management know. They stated they did not use the torn mats that LPA observed for children. They have replaced them with new one. LPA observed the new and old mats in one place in few classrooms. LPA interviewed ten children who did not confirm the mats they nap on them are torn. During the course of interviews with ten staff, 10 children, and 10 parents of whom 2 responded with positive feedback, there is not enough proof or evidence to support the above allegations occurred or did not occur. This agency has investigated the complaint alleging “staff hit day care child in care, “staff spoke to day care child in an inappropriate manner”, staff engaged in an altercation with another staff in the presence of day care children” and staff does not ensure facility nap mats are in good repair”; although the allegations may have happened or are valid, there is not a preponderance of evidence to prove, the alleged violations did or did not occur, therefore the allegations are UNSUBSTANTIATED. 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 director, Athana Howard was provided a copy of their appeal rights (LIC 9058 1/16) and their signature on this form acknowledges receipt of these rights. Exit interview was conducted with director, Athana Howard. The report ends here.