Inspector’s narrative
What the inspector wrote
During the course of investigation, LPA interviewed 8 staff members, 4 children and 4 parents, and reviewed records.
LPA interviewed 8 staff
, during the staff interviews, 3 out of 8 staff disclosed they have witnessed staff yelled at child to go to sleep and stay on bed. Staff 4 (S4) stated, “I heard S5 last week, said to the children, stay on your bed or go back to your bed. S5 is yelling sometimes and sometimes saying it in a firm voice.” S6 stated, “Yes I have witnessed it in the preschool class. S5 has yelled to the children to stay on their bed. S1 and S2 yell at the children to stay on their bed too” S7 stated, “Yes, I have heard S1 and S5 a couple of times. Sometimes it's reminding but sometimes it's in a rude way. S1 and S5 tell the children to go to sleep and stay on their beds. Sometimes they will provide something like a book or sometimes the kids are just lying on their bed.”
LPA Duron interviewed 4 parents. 4 out of 4 parents did not have any concern with the facility.
Based on LPA’s interviews, 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 101223 Personal Rights (a)(1). Please refer to attached 9099D for documentation of deficiencies.
9090D: 101223 Personal Rights(a)(1) The licensee shall ensure that each child is to be accorded dignity in his/her personal relationships with staff and other persons. This requirement is not met as evidence by: based on LPA’s interviews, LPA interviewed 8 staff, during the staff interviews, 3 out of 8 staff disclosed they have witnessed staff yelled at child to go to sleep and stay on bed. This poses an immediate health risk to the children in care.
LPA Duron informed Director, Sun report dated 4/11/24 documents one Type A citation which shall be posted for 30 consecutive days as there is an immediate risk to the health, safety, or personal rights of children in care. LPA Duron informed the Director to provide a copy of this licensing report dated 4/11/24
that documents any Type A citation to parents/guardians of all children currently enrolled by the next business day or the next day the children are in care, and to any newly enrolled parents/guardians for 12 months from the date of this report. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224), or other written statement, must be placed in the child's file for verification.
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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 8 staff members, 4 children and 4 parents, and reviewed records.
Regarding allegations (1) Child was refused water
LPA interviewed 8 staff members
, 8 out of 8 staff stated they have not witnessed a staff member deny or refuse a child water. Staff 1 (S1) stated “The children can get their water bottle from the basket, sometimes it's on the carpet or on the low shelf, The children have access, and can reach them. Staff re-fill water bottles, classroom has a filter on sink to re-fill the bottles.”
S6 stated,” I've heard S1 tell children, you already had some, or tell the children not to play with it because they play with the water. But S1 doesn't deny it to them, the children still drink the water.”
S8
stated, “Not with water, S1 tells the children to use their water bottle. The children are used to their sippy cups. The director sends letters to parents to transition from infant room to the 2-year room, so sometimes the children are having a hard time, and the children cry for their milk bottle and sippy cups. S1 doesn’t tell them they can’t have water but sometimes the children have a hard time because of change from bottles to water bottle.
“
Regarding allegations (2) Child removed from their classroom to an older classroom as a form of discipline.
LPA interviewed 8 staff members. S1 stated, “only 1 child because of ratio. As long as one staff have 12, and sometimes for nap time and sometimes if a child is having a hard time, they will go next door, so staff can help S1.
S5 stated, “Yes for ratio reasons, staff have to juggle children for ratio reasons. When children transition to the next room. Staff work with children to potty train them, so we can move them to the next room. Staff have taken children from 2-year-old room next door to 3-year-old room, staff support each other, S5 will take the child if they are having challenges and help staff.”
Regarding allegations (3)
Child being told to say something that has not happened.
LPA interviewed 8 staff members. 8 out of 8 staff have not witnessed a child being told to say something that has not happened.
LPA Duron interviewed 4 children. All 4 interviewed children did not reveal any staff violating their rights.
LPA Duron interviewed 4 parents. All interviewed parents stated they did not have any concern with facility.
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Based on the information gathered from LPAs’ interviews, observation, and the reviewing of records, there is insufficient evidence to corroborate the allegations: Child was refused water. Child removed from their classroom to an older classroom as a form of discipline. Child being told to say something that has not happened. 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.
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 adjac
ent to the door
.
Page 3 of 3. End of Report.