complaint·October 3, 2024

Complainant alleged that on 08/29/2024, complainant observed Staff #4 (S4) approach a child and forcefully grab the child’s chin, pull child face towards S4 and yell, “when I call you, you need to listen to me!”. LPA interviewed four (4) staff members. All four (4) staff interviewed stated that the facility is always within compliance with children's personal rights. Three (3) out of the three (3) staff stated they did not witness S4 handled day care child in a rough manner or yell at the day care child. Staff #4 (S4) stated S4 models by touching their S4 own chin to get a child’s attention, and said, “listen to me my friend, listen to me!”, but does not touch the children in any forms. On 09/09/2024, LPA called eight (8) parents requesting an interview. Four (4) parents were reached. The parents interviewed did not express any concerns related to the allegation and did not provide any information that could corroborate the allegation. The additional parents did not respond to the Department’s request for an interview. LPA interviewed four (4) children. All four (4) interviewed children did not disclose any staff violating their personal rights. Based on LPA’s observations, interviews conducted with the complainant, four (4) staff members, four (4) children, and four (4) parents, the preponderance of evidence was not met, therefore the above allegations of staff handled day care child in a rough manner and staff yelled at day care child are found to be UNSUBSTANTIATED. 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 allegation is UNSUBSTANTIATED. Exit interview was conducted with Director, Monette Perez. The Notice of Site Visit was posted. Director was informed that the Notice of Site Visit must be posted for 30 consecutive days. The Director was provided with a copy of their appeal rights (LIC 9058) 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 9099C Complainant alleged on 08/29/24, during drop off, complainant observed Staff #4 (S4) caring for 17 children by themselves. On 09/04/24, LPA interviewed four (4) staff members. Two (2) out of the four (4) staff interviewed admitted that the facility has been out of ratio one time. Staff#1 (S1) stated staff had to go to the office to get something leaving S4 out of ratio with 17 children for about five (5) minutes. During record review, LPA reviewed the second staff for that classroom does not start their shift until 9:00am. On 09/09/2024, LPA called eight (8) parents requesting an interview. Four (4) parents were reached. The parents interviewed did not express any concerns related to the allegation and did not provide any information that could corroborate the allegation. The additional parents did not respond to the Department’s request for an interview. Based on LPA’s observations, interviews conducted with the complainant, four (4) staff members, and records reviewed, it has been determined that the facility was operating out of ratio. The preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations, Title 22, 101216.3 (a) Teacher-Child Ratio is being cited on the attached LIC 9099D. LPA informed the Director that this report dated 10/03/2024 document a 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. Also, LPA informed the Director to provide a copy of this licensing report dated 10/03/2024 that documents any Type A citation(s) 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. Exit interview was conducted with Director, Monette Perez. The Notice of Site Visit was posted. Director was informed that the Notice of Site Visit must be posted for 30 consecutive days. The Director was provided with a copy of their appeal rights (LIC 9058) 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.