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32 | During an undercover investigation conducted by the Fontana Police Dept, Staff # 2 (S2) was arrested in his own home. He had in his possession child pornography. There was no evidence that the photos were of the children at the day care. Once licensee became aware of the nature of the arrest, licensee stopped having S2 come to the daycare. Per licensee, she had no knowledge of what S2 was doing. Licensee stated S2 assisted her at the day care mainly handling the paperwork for the childcare. Immediate Exclusion Letter was issued to the licensee and S2. Pertaining to the allegation of “Conduct Inimical” This allegation refers to the conduct of S2.
Based upon the evidence as listed above, this agency has investigated the complaint alleging " Conduct Inimical” the preponderance of evidence standard has been met; therefore, the above allegation is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 6 & Chapter Number 3.4, are being cited on the attached LIC. 9099D. This poses an immediate risk to the health and safety of children in care.
A copy of this report shall be provided to the parent/guardian of children currently enrolled by the next business day or immediately upon return. A copy of this report shall also be provided to the parent/guardian of any newly enrolled children for the next 12 months (1 year). The Acknowledgement form must be maintained in each child’s file immediately upon receipt from parent. Licensee was provided with a copy of the parent Acknowledgement Form.
An exit phone interview was conducted with licensee, Maria Castaneda, Appeal Rights were verbally explained. A copy of this report has been signed by LPA Vasquez. This report along with Appeal Rights (LIC 9058) will be via e-mailed to licensee, who understands that an electronic “Read Receipt” and/or confirmation of receipt of the e-mail confirms receipt of the report and constitutes an electronic signature. Notice of Site Visit was not provided to Licensee Maria Castaneda, since a physical inspection was not conducted.
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