Kindercare Cuyamaca Center

PERSONAL RIGHTS

101223(a)(2) Personal Rights: a) The licensee shall ensure that each child is accorded the following personal rights: (1) To be accorded dignity in his/her personal relationships with staff and other persons. (2)To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs. This requirement is not met as evidenced by: Based interview and observation, the licensee did not comply with the section cited above, nor with the center director’s written statement that preventative barriers would be put in place to make indoor and outdoor windows inaccessible to children. This poses a potential health, safety or personal rights risk to persons in care.

BUILDINGS AND GROUNDS

Building and Grounds: The child care center shall be clean, safe, sanitary and in good repair at all times to ensure the safety and well-being of children, employees and visitors. This requirement is not met as evidence by: One window of a preschool classroom broke on 12/5/24 after a child made incidental contact with the window – the third known case of a broken window at the facility, which poses a potential health and safety risk to children in care.

REPORTING REQUIREMENTS: Upon the occurrence, during the operation of the child care center of any of the events specified in (d)(1)(c) below, a report shall be made to the Department by telephone or fax within the Department's next working day and during its normal business hours. In addition, a written report containing the information specified ....shall be submitted to the Department within seven days ... (C) Any unusual incident or child absence that threatens the physical or emotional health or safety of any child. This requirement was not met as evidenced by...On 12/5/24 a classroom window was contacted by a child and observed to be cracked by facility staff. In September 2024, a window was cracked by a child throwing an object. The facility did not provide an Unusual Incident Report for either incident to the Department according to requirements above, which is a potential health, safety and personal rights risk to children in care.

PERSONNEL REQUIREMENTS

101216(g)(2) Each person specified in (g) above shall have a health-screening report signed by the person performing the screening. This report shall indicate the following:This requirement is not met as evidenced by: Based on records review, staff S2 and S4 were missing there LIC 503 Health Screening reports which poses a potential health and safety risk to persons in care.

BUILDINGS AND GROUNDS

101238(a) The child care center shall be clean, safe, sanitary and in good repair at all times to ensure the safety and well-being of children, employees and visitors. This requirement is not met as evidenced by: Based on observation, the licensee did not comply with the section cited above in regard to keeping the facility clean, safe and sanitary. LPA observed stains on the floor, carpet and walls, black grime build up along the edge of classrooms, rust stains under children’s bathroom sink, open garbage container with dirty diapers, and boxes in the children’s bathroom (Discovery room only) in all classrooms used during facility inspection which poses a potential health, safety or personal rights risk to persons in care.

Based on records review staff S2 and S3 did not have full immunizations proof in their file which poses/posed a potential health, safety or personal rights risk to persons in care.

Criminal Record Clearance Requirements - Initial Clearance

Based on records review, staff S1 was present in the classroom and working at the faciltiy for the last 3 days without fingerprint clearance which poses an immediate health, safety or personal rights risk to persons in care.

PERSONNEL REQUIREMENTS

Based on records review, 3 staff were missing LIC 503 Health Screening or equivelent in their records with S5 also missing TB proof which poses/posed a potential health, safety or personal rights risk to persons in care.

CRIMINAL RECORD CLEARANCE

101170 Criminal Record Clearance(e) All individuals subject to a criminal record review pursuant to Health and Safety Code Section 1596.871 shall prior to working, residing or volunteering in a licensed facility:(1) Obtain a California clearance or a criminal record exemption as required by the Department. This requirement was not met as evidenced by... Based upon record review, staff member S1 did not have a fingerprint clearance on record which is an immediate health, safety and personal rights risk to children in care.

CRIMINAL RECORD CLEARANCE

101170 Criminal Record Clearance(e) All individuals subject to a criminal record review pursuant to Health and Safety Code Section 1596.871 shall prior to working, residing or volunteering in a licensed facility:(2) Request a transfer of a criminal record clearance as specified in Section 101170(f). This requirement was not met as evidenced by... Based upon record review, staff member S2 had fingerprint clearance but was not associated to the correct facility which is a potential health, safety and personal rights risk to children in care.

TEACHER QUALIFICATIONS AND DUTIES.The units specified in (c)(1) above shall include courses... child growth and development, or human growth and development; child, family and community, or child and family; and program/curriculum. This requirement was not met as evidenced by:LPAs Nancy Diaz and Sherlynn Banas observed the Preschool room with 23 children with one fully qualified teacher Victoria Cagney and Aide Larisa Pineda.This poses a potential risk to the health, safety and personal rights of children in care.

BUILDINGS AND GROUNDS

Building and GroundsThe child care center shall be clean, safe, sanitary and in good repair at all times to ensure the safety and well-being of children, employees and visitors. This requirement is not met as evidence by: On 10/12/2023, one of the window in the Preschool B classroom broke after a child pushed the window. As a result of the incident the child sustained an injury that required medical treatment. This poses a potential health and safety risk to children in care.

REPORTING REQUIREMENTS

Reporting RequirementsUpon the occurrence, during the operation of the child care center of any of the events specified in (d)(1) below, a report shall be made to the Department by telephone or fax within the Department's next working day and during its normal business hours. In addition, a written report containing the information specified ....shall be submitted to the Department within seven days ... (B) Any injury to any child that requires medical treatment. This requirement is not met: On 10/12/23, a day care child sustained an injury that requires medical treatment and facility did not report the incident to Licensing.

CRIMINAL RECORD CLEARANCE

101170 Criminal Record Clearance:(e) All individuals subject to a criminal record review pursuant to Health and Safety Code Section 1596.871 shall prior to working, residing or volunteering in a licensed facility:(2) Request a transfer of a criminal record clearance as specified in Section 101170(f)...This requirement was not met as evidenced by: Based on LPA's observation and record review staff members Ashley Beauregard and Genet Boru have criminal record clearances but are not associated to the facility. This poses a potential health, safety or personal rights risk to the children in care.

INDOOR ACTIVITY SPACE FOR INFANTS

101438.3 Indoor Activity Space for Infants: (b) Indoor activity space for infants shall be physically separate from space used by children in the child care center and school-age child care center components. This requirement was not met as evidenced by: Based on interviews conducted by LPA, infant/toddlers are allowed to use the preschool activity space with the preschoolers 30 days prior to their second birthday. This poses a potential health, safety or personal rights risk to the children in care.

TEACHER-CHILD RATIO

101216.3 Teacher-Child Ratio: (a) There shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance...This requirement was not met as evidenced by: Based on LPA observation and staff interviews facility classrooms have been out of ratio on several occasions including 10/10/23 & 10/16/23. This poses a potential health, safey or personal rights risk to the children in care.

ARTICLE 2. Administration of Child Day Care Licensing

Based on LPA's record review, the licensee did not comply with the section cited above in 2:4 employees did not have current mandated reporter certificates on file which poses a potential health & safety risk to persons in care.

ARTICLE 2. Administration of Child Day Care Licensing

Based on record review, the licensee did not comply with the section cited above in three out of eight staff members which poses a potential health, safety or personal rights risk to persons in care.

ARTICLE 1. General Provisions and Definitions

Based on record review, the licensee did not comply with the section cited above in one out of eight staff members which poses a potential health, safety or personal rights risk to persons in care.

PERSONNEL REQUIREMENTS

Based on record review, the licensee did not comply with the section cited above in one out of eight staff members which poses a potential health, safety or personal rights risk to persons in care.

BUILDINGS AND GROUNDS

Based on LPA observation, the licensee did not comply with the section cited above in regards to keeping the children's toilets and sinks clean, safe and sanitary and in one of the bathrooms there were cots stored that were stacked unevenly causing a safety hazard which poses a potential health, safety or personal rights risk to persons in care.

CRIMINAL RECORD CLEARANCE. A licensee or applicant for a license may request a transfer of a criminal record clearance from one state licensed facility to another, or from TrustLine to a state licensed facility by providing the following documents to the Department: This requirement was not met as evidenced by: Based on LPAs review of staff files the following staff are not associated to the facility:Erin Markert (started employment 11/2021); Kim Walz (started 3/15/2022) & Shirley Demello (started employment 12/2021).

CRIMINAL RECORD CLEARANCE

CRIMINAL RECORD CLEARANCE. All individuals subject to a criminal record review pursuant to Health and Safety Code Section 1596.871 shall prior to working, residing or volunteering in a licensed facility: Request a transfer of a criminal record clearance...This requirement was not met as evidenced by: Based on LPA's review of staff fingerprint clearance database, staff Wendy Ruiz' fingerprint clearance is not associated to the facility (Ms. Ruiz started employment on 10/18/21).