complaint·July 26, 2023

During interviews conducted, it was stated that children have the option of what classroom they wanted to be in or to be outside, moving freely from one space to another. Former and current staff stated examples of how the children in care were not adequately supervised. Examples included looking out from the art room window, a room that looks directly out onto the yard, on more than one occasion, and witnessing children outside without a staff person present, further stating that they witnessed all the staff that are working for the day inside at that time, confirming that no staff were present outside with the children. Former staff interviewed stated that staff were observed walking in and out of classrooms to get something, leaving children unsupervised in a classroom or children walking into a classroom where no staff was present because the door was left open and needing to ask the children to come back into the room or outside where staff were stationed. Interviews with former staff corroborated that a staff person without the required qualifications was left alone to supervise a group of children on more than one occasion. During an interview conducted at the facility on 05/04/23, one staff stated that during the months of November and December 2022 they noticed staff leaving children outside by themselves, but that once they spoke to L1 about the concern, L1 spoke to staff about supervision, and it didn’t happen again. During the tour of the facility on 05/04/23 and during today's visit, LPA(s) did not observe any electrical outlets, that were accessible to children to be uncovered. Interviews conducted indicated that there have been occasions when electrical outlets in the play room were observed to be uncovered and accessible to children in care. Two people interviewed stated specifically that the fairy lights located up in the loft were plugged into a power strip, but the power strip had multiple open outlets on it that were not covered. Another person interviewed stated that on multiple occasions they used an outlet located in the middle room to plug the vacuum in and I did not remove a cover to use the outlet, stating that the outlet was accessible to children in care. Another staff stated that the air purifier was plugged into the wall and up against the wall, but that the other outlet did not have a cover and the air purifier could easily be moved away from the wall. Based on the evidence obtained, the preponderance of evidence standard has been met; therefore, the above allegations are found to be substantiated. California Code of Regulations, (Title 22), is being cited on the attached LIC 9099D. Appeal rights were provided. Exit interview conducted, and report was reviewed with the Center Director/Licensee, Tara Tate. 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. L1 stated that the outdoor play kitchen did get damaged in the heavy rains, causing the door of the kitchen to come off it’s hinges, but that the door was removed and the kitchen made inaccessible to children as soon as it was discovered by staff. L1 stated that the fencing is just as it was when the facility was licensed. During the tour of the facility LPA did not observe any hazardous items accessible to children, including but not limited to rusty hardware or large holes under fencing. During the investigation, LPA Strother interviewed three former staff, Adult 1 – Adult 3 (A1 – A3) and one current staff (S3) between 05/02/23 and 07/25/23 and attempted to interview one additional former staff on 07/24/23. Interviews corroborate that the play kitchen in the outdoor play area was observed to have a door hinge that broke away from the main structure, exposing rusty screws. Staff indicated that the screws were immediately thrown away or removed and the play kitchen covered with a large rug to make it inaccessible to children until repaired. Based on interviews conducted between 05/02/23 and 07/24/23 there is not a preponderance of evidence to support that staff did not take the necessary steps to maintain equipment in good condition, free of sharp, loose or pointed parts. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove that an alleged violation occurred, therefore the allegation is UNSUBSTANTIATED. This report was reviewed and discussed with Licensee, Tara Tate. Appeal Rights were provided. Notice of Site Visit shall be posted for 30 days from today's visit. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.