complaint·May 20, 2022

LS admitted that on at least one occasion in February 2022, a Teacher was left alone to supervise more than 12 children in Preschool 2 class which resulted in the classroom operating out of ratio. In addition, on either the morning of 02/11/22 or 02/18/22, child (C1) was left unattended in the middle outdoor yard area for one to two minutes. Interviews provided by staff, adults, and parent corroborated that the facility did not notify parents of all positive COVID cases between the end of December 2021 through mid-January 2022, and S1, S2, S3, S4, A1, A2, P1 and P2 reported on several occasions, they witnessed between 13 to 25 children in care with only one staff in either the Toddler and/or Preschool classrooms. Furthermore, multiple statements respectively confirmed C1 was left unattended on the playground for up to five minutes, resulting in a lack of supervision. C1 was unaccounted for until another staff alerted the classroom about C1 being left unattended and at which time, LS escorted C1 back to the classroom. Based on the investigation, there’s a preponderance of evidence to show the facility did not comply with reporting requirements of California Code of Regulations (CCR) 101212(f), Teacher-Child ratio of CCR 101216.3(a), and responsibility for providing care and supervision of CCR 101229(a)(1). Section, 101229(a)(1) was previously cited within a 12-month period, therefore, a civil penalty of $250 is being assessed for a repeat Civil Penalty which resulted in lack of supervision. Exit interview conducted and report was reviewed with the Center Director, Jennifer Hansen. 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. The following California Code of Regulations, Title 22, Division 12, Chapter 1, Article 6 violations were cited on the following LIC 9099D. Appeal Rights were provided. As a result, some prospective enrollees were not enrolled into care because the child(ren)’s need(s) exceeded the level of care the facility was able provide. Statements provided by staff, adult and parents did not provide any evidence to suggest staff acted with indifference, bias or used ethnic slur(s) against children of minority background, however; several statements reported the facility management tended more to children of Caucasian or Asian descent and appeared to have less patience with children with disabilities or with African American which resulted in a higher disenrollment rate of children who were not Caucasian. During LPA’s unannounced visit on 03/21/22, LPA observed LS, LS2 and staff diligently working and interacting with children of different ethnic backgrounds, the children appeared to be well, and LPA did not see any staff refuse to work with children or acted in any manner in which a reasonable person may perceive as indifference or bias. Based on this investigation, there is not a preponderance of evidence to prove the facility did not comply with requirements of personal rights or California Code of Regulations, 101223; and therefore, this allegation is unsubstantiated. Exit interview conducted and report was reviewed with the Center Director, Jennifer Hansen. 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. There were no Title 22, Division 12, Chapter 1, Article 6 deficiency cited during the visit. Appeal Rights were provided.