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Inspection visit

complaint

ABC LEARNING MONTESSORI, LLCLicense 4344143352 citations on this visit
2 citations recorded

Inspector’s narrative

What the inspector wrote

--------------continuation of 9099 dated 08/25/2022 page 1------------------------ Based on interviews and record reviews, staff stated that a child slipped while trying to jump off the ladder on the play structure and fell. There is resilient material around the play-structure. The child sustained a left arm montesggia fracture. There was one staff present with nine children at the time of the incident. The staff was standing by the gate facing the playground, but could not visually observe children on the ladder. Staff stated that they did not see the incident occur. Facility called 9-11 following the incident. The facility self-reported the incident to the San Jose Regional office on 05/10/2022. LPA discussed with Director that supervision includes visual observation of children. LPA also reviewed Playground Boss- Customer's Guide- Supervision Guidelines, which states it is "essential to recognize that preschool-age children require more attentive supervision on playground equipment than older children." It also states to "look out for or dangerous horseplay, such as...jumping from heights..." The Director stated that children were asked to stop jumping off the ladder prior the incident occurring. However, children continued to jump off the ladder. LPA discussed with Director about ensuring that the center is following the manufacture guidelines at all time. LPA discussed with Director about plans for the ladder located on the play-structure. Playground is for ages 2 to 5 years old. Director stated that she has conducted training with all staff since the incident and has changed the playground rules. She stated that they will have two staff outside on the playground at all time when in use. She stated that she has reminded staff to position themselves where they can always see the children. Director conducted a staff meeting on 08/19/2022, where she discussed the playground rules again with staff. As a result of this investigation, two Type B citations were issued. Exit interview conducted and report was reviewed with Director Yvette Calderon. A notice of site visit was given and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.

Citations

2 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.

  • PERSONAL RIGHTS

    Personal Rights. The licensee shall ensure that each child is accorded the following personal rights: To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs.This requirement is not met as evident by: Based on record reviews and interviews, the Playground Boss-Customer's Guide states under supervision guidelines to "look out for dangerous horseplay, such as...jumpinng for heights... A child slipped while trying to jump off the ladder, which resulted in the child sustaining a left arm montesggia fracture. This poses a potential health and safety risk to children in care.

  • RESPONSIBILITY FOR PROVIDING CARE AND SUPERVISION

    Responsibility for Providing Care and Supervision. The licensee shall provide care and supervision as necessary to meet the children's needs. No child(ren) shall be left without the supervision of a teacher at any time, except as specified in Sections 101216.2(e)(1) and 101230(c)(1). Supervision shall include visual observation.This requirement is not met as evident by: Based on interviews, at the time of the incident there was a staff present; however, the staff was standing by the gate facing the playground. The staff could not visually observe the children where the ladder is, which resulted in a child slipping and falling. The child sustained a left arm montesggia fracture.This poses a potential health and safety risk to children in care.

FAQ · About this visit

Common questions about this visit

What happened during the August 25, 2022 inspection of ABC LEARNING MONTESSORI, LLC?

This was a complaint inspection of ABC LEARNING MONTESSORI, LLC on August 25, 2022. 2 citations were issued: 2 Type B.

Were any citations issued to ABC LEARNING MONTESSORI, LLC on August 25, 2022?

Yes, 2 citations were issued (0 Type A, 2 Type B). The first citation was for: "Personal Rights. The licensee shall ensure that each child is accorded the following personal rights: To be accorded saf..."

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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