Follow-up on corrections·August 29, 2024

At 9:10am on 8/29/2024, Licensing Program Analyst (LPA) Matthew Gallo conducted a case management visit with facility representative Paolo Sarmiento to address deficiencies observed at the facility. Today's total census included 22 children supervised by 5 staff. During a plan of correction visit, LPA observed an adult staff member (S1) present at the facility who did not appear on the facility's roster of individuals with cleared criminal background clearances. During interview, S1 stated that they have worked at the facility on 8/27/2024, 8/28/2024, and 8/29/2024, and that they work 5 hours a day beginning at 9:30am. S1 described their role as being a cook, and for the extent of LPA's visit was working in the kitchen. When asked if they have started the process of getting fingerprinted, S1 stated "not yet." Record review of the Guardian database showed that the individual does not have the required clearance to work in a child care center. During the plan of correction visit, LPA also observed 14 children being supervised by 2 aides who were not working under the direct supervision of a teacher. At 10:50am, LPA was writing his report outside the conference room in the school aged section of the building. The school aged section is segmented from the preschool section by a wall with a door. At 10:50am, Director Paolo and another employee walked through the door and into the school aged section. Before leading the other employee into the conference room, the director noted to LPA that "the teacher is back" so he was available to review the report. LPA required more time, and the director continued to the conference room to have a meeting with the other employee. During this time, LPA went to observe the staffing situation in the preschool room. There, 14 children were under the supervision of two staff member (S2 and S3). Report continues on 809-C Record review showed that neither staff member supervising the 14 children had the verified required units to act as a teacher, and were therefore both aides. The only present teacher with verified qualifications in the building was the director, who remained in the conference room with the other employee until 10:58am, when the two emerged and returned to the preschool section of the building. LPA observed at 11:10am that the children had moved to the outdoor play yard, where again the only two staff providing supervision were S3 and S4. This remained the case until LPA asked the director at 11:20am to identify the teacher outside. The director acknowledged that there was not a verified qualified teacher and went outside to fulfill that role. Title 22 Deficiencies are cited on the accompanying 809-D. Licensee acknowledges, that FOR TYPE A DEFICIENCIES ONLY upon receipt, licensee shall post LIC 809D with Type A deficiencies for 30 days and provide copies of this licensing report to parents/guardians of children in care at the facility and to parents/guardians of children newly enrolled at the facility during the next 12 months. LIC 9224 must be signed by parents/guardians and kept with the children's forms as a receipt whenever any Type A documents are provided by the licensee. LIC 9224 and Appeal Rights were provided. A civil penalty of $300 is assessed on the accompanying LIC421BG for the violation of Section 1596.871(c)(1)(A) of Title 22 regulations, relating to the presence of adults lacking criminal background clearance. A separate civil penalty is assessed on the accompanying LIC421FC for the violation of Section 101216.2(e) of Title 22 regulations. A review of facility compliance history shows that a previous deficiency for the same section was cited on 7/11/2024. Due to that date falling within the previous 12 months of today's deficiency, a civil penalty of $250 will be assessed for a repeat violation, accruing $100 per day until the deficiency is corrected. Exit interview conducted and report was reviewed was reviewed with the facility representative, Paolo Sarmiento. A notice of site visit was given and must remain posted for 30 days.