complaint·September 15, 2023

During interviews several staff members denied the allegations and stated that the teacher’s aide was never left alone while supervising children. However, during the initial complaint investigation visit on 07/17/2023 LPA Moorehead and LPM Ross obtained staff member time sheets and child sign-in/out sheets. The timesheet recorded for 07/16/2023 showed that the teacher’s aide was the last staff member to clock out, proving that they were supervising children without the direct supervision from a fully qualified teacher. Further, upon reviewing child sign-in/out sheets, LPA Moorehead and LPM Ross discovered that there were children being signed out during the time that the teacher’s aide was the last staff member left to clock out and leave for the day. Based on LPAs observations and interviews which were conducted, and a review of additional pertinent information obtained, the preponderance of evidence standard has been met, therefore the above allegation is found to be Substantiated. LPA informed licensee Jennifer Fernando that this report dated 09/15/2023 documents one Type A citation which shall be posted for 30 consecutive days as there was an immediate risk to the health, safety, or personal rights of children in care. Also, LPA informed the licensee Jennifer Fernando to provide a copy of this licensing report dated 09/15/2023 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. An exit interview was conducted with the Director, Appeal Rights were discussed and issued, a copy of this report was provided, and a Notice of Site Visit (LIC 9213) was issued. The Notice of Site Visit shall be posted where the parent/guardian of children enter and exit the facility. The Notice of Site Visit must remain posted for 30 consecutive days. Failure to maintain posting as required will result in a civil penalty of $100.00. A copy of this report must be made available for the next three years. See LIC 9099-D for cited deficiency. During children interviews, LPAs did not receive any disclosures of any child's rights being violated while in care. The Licensee stated that the school does not have a written behavioral policy in place at this time. However, Licensee stated that she does discuss a biting policy in person with the parents. LPAs and LPM were provided with a total of 6 ouch (incident) reports that date between 06/07/2023 through 08/22/2023. Based on the provided ouch reports there was no noted documentation of any children's rights being violated. During the course of this investigation, LPA and LPM received conflicting information regarding the alleged allegation. Based on information obtained during this investigation through interviews conducted, the review of pertinent documentation, and after receiving conflicting information, the allegation is UNSUBSTANTIATED. A finding that the allegation is unsubstantiated means that although the allegation may have happened or is valid, there is not a preponderance of evidence to prove that the allegation occurred. An exit interview was conducted with the Licensee, Appeal Rights were discussed and issued, a copy of this report was provided, and a Notice of Site Visit (LIC 9213) was issued. The Notice of Site Visit shall be posted where the parent/guardian of children enter and exit the facility. The Notice of Site Visit must remain posted for 30 days during the hours of operation after each site visit by a licensing representative. Failure to maintain posting as required will result in a civil penalty of $100.00. A copy of this report must be made available for the next three years.