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Inspection visit

complaint

MERRY HIVELicense 3043714442 citations on this visit
2 citations recorded

Inspector’s narrative

What the inspector wrote

Page 2 of 3 they were still attending the day care. It was stated two children got sick due to food made by staff # 1 and was not kept in the refrigerator. On 12/7/2021 LPA interviewed the director and two other available staff. LPA contacted the Translation Agency over the phone for interpretation interview of one staff whose native language was not English. According to staff # 1, she prepares home made food and brings it to school while hot in each morning about 9:00 am and they eat the food around 11:30 am. She does not keep the hot meal in the refrigerator to get cold and then re-heat it. She prefers children eat it fresh made. Staff # 1 stated no children got sick from food made here. Parents would have informed her if the children were food poisoning. Staff # 1 stated she used all organic food for the meal preparation. Staff # 1 stated children's temperature is taken when they arrive at school and they watch children's health during their stay. Staff # 1 stated child # 1 became sick around noon while at school when staff took the child's temperature on 11/23/21. Staff # 1 stated she called child # 1's representative and the child was picked up at 1:50 pm. The sign in/out documents verified the time of sign in and out for the child for that specific date. She said the child was isolated. I heard child # 2 became sick during Thanksgiving Holidays due to runny nose and fever. Child # 3 was out on 11/16, 11/17, 11/18, 11/19/21 and still out due to sickness and vacation. Chid #4 was out 11/24/to 11/29/21. I saw some rashes on child # 5's legs and called the child's parent. Then I heard the child had Hand, Foot, and Mouth Disease. Child was out from 11/24 and still out in December. Children get sick over the week end. School cannot be blamed when children get sick. Children go to different places when they are not at school. Sometimes the parents inform us what kind of disease their child had and sometimes they don't. Child # 6's parent called me and informed me child was sick over the week end. Child was out from 11/24 to 11/31/21. LPA reviewed the sign in/out sheets for the above children and verified the children were not present at the facility when staff # 1 stated that they were sick. Staff # 2 stated food is made by staff # 1 and they all eat the food with children. They have not heard any body become sick of the food they eat at school. Staff # 2 stated some children got Hand, Foot, and Mouth Disease lately but not all at the same time. When a child does not feel well, child is isolated and is sent home. Some parents report children get sick over the weekend. Children who become sick, they do not come to school until they are free from fever. I have not seen that H, F, and Mouth Disease in children while attending. I remember child # 1 had temperature during lunch time on 11/23/21. Staff # 1 Continued on page 3 Page 2 of 2 On 12/7/2021 LPA interviewed the director and two other available staff. LPA contacted the Translation Agency over the phone for interpretation interview of one staff whose native language was not English. According to staff # 1, she prepares home made food for children. She makes soup of different vegetables most of the time because children love soup. LPA checked the menu for the day of 12/7/21 and learned the menu for that day was egg sandwich for lunch but vegetable soup was prepared to serve. LPA observed the pot of warm soup in the kitchen. Staff # 1 admitted that she does not follow the menu as she is supposed to. She makes soup for children because children eat that better. Staff # 2 and staff # 3 stated they eat soup most of the time for main dish. Regarding the allegation of parent hand book not given to the parents. LPA randomly reviewed 20 children's files to check for signed parent/handbook by parents. Out of 20 files reviewed, 3 files did not have a copy of parent handbook on file, and 4 other ones did not have any signatures on the copy of the parents' handbook. Based on LPA's interviews which were conducted with 3 staff, reviewing 20 children's files, and LPA's observation of the menu which was not followed, the preponderance of evidence standard has been met, therefore the allegations of “Menu is not followed, and Parent handbook (contract) has not been given to parents are found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division & Chapter 12, Section 101227(6) Food Services and section 101219(c)- Admission Agreement are being cited on the attached LIC 9099D. 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 licensee was provided a copy of their appeal right (LIC 9058 1/16) and their signature on this form acknowledges receipt of these rights. Exit interview was conducted with Ms. Alvarez. Page 3 of 3 called the parent and child was isolated and was picked up. Child # 1 did not come to school for few days. Staff # 3 stated they don't allow sick children to come to school. They take their temperature at arrival time. If children get sick during the school time, they call the child's parent and they isolate the sick child. I have not seen children with H, F, and Mouth Disease in here. Parents don't bring their children to school and sometimes they tell us if their children were diagnosed with any disease. Staff # 3 continued that the facility provides snacks and lunch for children. Staff # 1 makes soup for children. Children like soup very much. The soup is with vegetables. We all eat the same food. It is tricky if we blame food in here for children becoming sick. Children might get sick due to different reasons. LPA observed that children's temperatures are taken and logged daily. 11 parents were contacted and they did not disclose any negative feed back. LPA inspected the refrigerator and observed fresh fruits, vegetables, and other food items which were not expired kept covered in there. LPA also observed a pot of vegetable warm soup in the kitchen for children's lunch at 9:30 am on 12/7/21. Based on the interviews conducted with the total of 3 staff, one adult, obtaining information and documents from the sign in/out sheets, contact with 11 children's representatives, and LPA's observation, there is not enough proof or evidence to support the above allegations. This agency has investigated the complaint alleging "Sick children are accepted to day care, and children get sick due to food is prepared at home and does not handle well"; 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 licensee was provided a copy of their appeal right (LIC 9058 1/16) and their signature on this form acknowledges receipt of these rights. Exit interview was conducted with Ms. Alvarez.

Citations

4 citations recorded*CCLD

What does Type A vs Type B mean?

Type A. Serious citation. Imminent or substantial risk to children. The regulator requires corrective action immediately and may impose a civil penalty.

Type B. Lower-severity citation. Corrective action required, no imminent risk. The regulator monitors compliance on the next visit.

  • 101217(b)(1)Type B

    Personnel Requirements- 101217(b)(1)Personnel records shall be maintained for all volunteers and shall contain the following: A health statement as specified in Section 101216(g). This requirement was not met as evidenced by interviews that adult # 1 worked at the facility on Wednesday 11/17/21, Thursday 11/18/21, and Friday 11/19/21 for two or three hours. Monday 11/22/21, Tuesday 11/23/21, and 11/24/21 for two or three hours. There were no paperwork on file for adult # 1 for the above requirement.This is a potential risk to the health and safety of children in care.

  • 101217(b)(2)Type B

    Personnel Requirements- 101217(b)(2)Personnel records shall be maintained for all volunteers and shall contain the following: Health-screening records and results of tuberculosis tests as specified in Section 101216(g).This requirement was not met as evidenced by interviews that adult # 1 worked at the facility on Wednesday 11/17/21. Thursday 11/18/21, and Friday 11/19/21 for two or three hours. Monday 11/22/21, Tuesday 11/23/21, and 11/24/21 for two or three hours. There were no paperwork on file for adult # 1 for the above requirement.This is a potential risk to the health and safety of children in care.

  • 101219(c)Type B

    101219(c) Admission Agreement- The licensee, or his/her designee, and the child's authorized representative shall sign and date the child's admission agreement no later than seven calendar days following admission. This requirement was not met as evidencedby reviewing 20 children's files, finding 7 files did not have either a copy of the contract or did not have signature of the parents on file. This is a potential risk to the health and safety of children in care.

  • 101227(6)Type B

    101227(6) Food Services- Menus shall be in writing and shall be posted at least one week in advance in an area accessible for review by the child's authorized representative. Copies of the menus as served shall be dated and kept on file for at least 30 days. Menus shall be made available for review by the child's authorized representative and the Department upon request. This requirement was not met as evidenced by staff # 1's admission that she has not following the menu and LPA's observation that the menu stated egg sandwich for lunch and vegetable soup was served on 12/7/21. This is a potential risk to the health and safety of children in care.

FAQ · About this visit

Common questions about this visit

What happened during the January 24, 2022 inspection of MERRY HIVE?

This was a complaint inspection of MERRY HIVE on January 24, 2022. 2 citations were issued: 2 Type B.

Were any citations issued to MERRY HIVE on January 24, 2022?

Yes, 2 citations were issued (0 Type A, 2 Type B). The first citation was for: "Personnel Requirements- 101217(b)(1)Personnel records shall be maintained for all volunteers and shall contain the follo..."

What type of inspection was this?

This was a complaint inspection. Complaint inspections are triggered when someone reports a concern about the facility to CCLD.

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