complaint·October 16, 2024

(Continued from LIC9099) During the course of the investigation, LPA reviewed records and conducted interviews with the Director (D1), Assistant Director (AD), 4 staff (S1 – S4) 3 Adults (A2 – A4) and 4 children (C2 – C5) and attempted interviews with a child and Adult. D1 and AD denied the allegations. Staff acknowledged the incidents and according to staff the incidents were not due to inadequate supervision. The first incident involved C1 sitting on a seesaw with no other children, losing their balance and falling. The second incident involved C1 spinning on a pole and falling on their sides. Statements from D1, AD and Staff (S1 – S3) stated that the facility standards are at least two teachers in every classroom when supervising the daycare children inside and outside. Furthermore, Staff (S1 & S2) stated that the Pre-K Classroom is divided into two smaller groups within that room. D1 and AD stated that staff would position themselves with one staff member in the back and one in the front to the yard to have a view of all the daycare children. D1 and AD further stated if a child needed to use the restroom, some of the children would accompany the staff member and child to meet ratio requirements. Staff (S1 & S2) stated they position themselves in a spot and would often move to ensure all children can be viewed, corroborating with D1’s statement. Additionally, D1 stated they would also assist with supervision if needed and S4 stated staff communicate by walkie talkies. Staff interviews indicated that the facility’s procedure for incidents is for D1 to notify parents by phone call and a written incident report would be created, signed and given to the child’s representative. Additionally, D1, AD and S4 stated that parents receive notification and photos provided on the Kindercare app. On the alleged incidents, D1, AD and S4 stated that C1’s parent was notified and given a written report but was notified at the end of the day for one of the reports. According to California Code of Regulations Observation of the Child 101226.3, staff shall report any incident to the child’s authorized representative but the time frame when to be reported is not specified. D1, AD and Staff (S1, S2, S4) stated that children’s diapers are checked every two hours or when needed. In addition, D1 and AD stated daycare parents are to provide diapers and wipes for their children, but there are extra diapers available at the facility if needed. Statement from S1 stated in addition to the checks, they would often ask C1 if they used their diapers and that there was a previous date when C1 did have a diapering incident but was checked on and changed. (Continued on LIC 9099-C) (Continued from LIC9099-C) Statements from D1, AD and Staff (S1 – S4) indicated that the facility’s procedure is for daycare parents to drop off their child’s water bottles in the facility’s cart during morning drop offs; the cart is moved from inside and outside to ensure daycare children have drinking water available. D1, AD and Staff (S1 – S4) stated that there is a water fountain as an additional source for water and if a child’s water bottle is not provided, they are given an individual cup with their names written on it to be used. S1 and S2 stated that on the alleged date, C1’s water bottle was not available, but was given an individual cup with their name written on it to be used for the day. In addition, Adult 4 did state there were times when their child did come home with their water bottle low and thirsty; unsure if it was refilled. Statements from D1, AD and Staff (S1 – S4) have stated that children’s lunch meals are brought from their homes, but if for any reason a meal is not provided, staff would make a meal in the facility’s kitchen. D1, AD and Staff (S1 – S4) further stated that morning and afternoon snacks are provided and from D1, AD and S4, the snacks can consist of chicken nuggets and mac & cheese. Statements from staff (S2 – S4) have stated that daycare children are not forced to eat during lunch periods, but staff would offer a meal at a later time if not eaten during the lunch period. Based on the information gathered during this investigation, although the allegations may have happened or is valid, there is not a preponderance of evidence to prove that the allegations occurred and therefore are determined to be unsubstantiated. There were no Title 22 deficiencies cited. This report was reviewed and discussed with the Director, Melissa Terhune. Appeal rights were provided. Notice of Site Visit shall be posted for 30 days from today's visit.