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32 | -This an amended version of the report issued to the facility on 11/14/2022.
LPA conducted interviews with RP, Director and staff and obtained consistent statements that classes were in ratio and had proper supervision. However, Per Director’s own admission, she had been out on sick leave and did not ensure the maintenance crew had returned the sno-cone machine to its designated and usual storage location. Additionally, LPA obtained photos of the child's injuries along with copies of text message correspondence between the RP and the Director involving a legal/insurance claim RP has filed against the facility where the Director references the incident report on multiple occasions. Per Director, due to the pending claim by RP, Licensee's Human Resources Representative instructed Director to not send the UIR to Licensing.
Based on photos and consistent statements obtained from interviews, this agency has investigated the complaint alleging “Daycare child sustained injuries while in care" and "Staff did not provide a safe environment for child in care" and determined that the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED.
California Code of Regulations, (Title 22, Division 12 & Chapter Number 1), are being cited on the attached LIC 9099D. Two deficiencies were cited during today’s visit.
Upon receipt, the Licensee shall post the “D” page of the Licensing report. This page shall be posted for 30 consecutive days. Failure to maintain posting as required will result in a $100 civil penalty. A copy of this report shall be provided to the parents/guardians of the children currently enrolled by the next business day or immediately upon return. A copy of this report shall also be provided to the parents/guardians of any children newly enrolled at the facility for the next 12 months. The LIC 9224 Acknowledgement of Receipt of Licensing Reports must be maintained in each child's file immediately upon receipt from the parent. LPA provided Director with a blank copy of the LIC 9224 Acknowledgement of Receipt of Licensing Report.
An exit interview was conducted with Director, Tammie Pinelo and a copy of this report was provided and signed by LPA Bardo Baluyot. The notice of site visit must be posted where the parent/guardian of children enter and exit the facility. This notice shall remain posted for 30 consecutive days. Failure to maintain posting as required will result in a $100.00 civil penalty. |