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32 | however, the children began attending Kindergarten in 08/2021 at elementary schools, therefore, the children are school age. Interviews with witnesses and record review revealed that Child #1, Child #2, and Child #3 attend the day care part time for afternoon sessions that began on 8/11/2021 after their elementary school day ends. Director, Bernadette, stated she was under the assumption children ages 5-6 were acceptable under the preschool license even if they’re attending elementary school. Based on interviews conducted and record review, the preponderance of evidence standard has been met, therefore the above allegation is found to be Substantiated. A finding of Substantiated means that the allegation has been found to be valid because the preponderance of the evidence standard has been met. California Code of Regulations, Title 22, Division 12, Chapter 1, the following deficiency is being cited (see attached 9099D). In addition, Director, Bernadette, states she will submit a request for an Emergency Licensed Center Waiver to provide care to school age children within 24 hours to correct this deficiency.
The second allegation states, staff and children do not wear masks. At 9:51 a.m., LPA observed that 27 out of 27 children were not wearing masks and 5 out of 5 staff were wearing masks during this visit. In addition, interviews conducted with witnesses corroborated the allegation that children do not wear masks. Based on the evidence obtained during the investigation through interviews and LPA observation the preponderance of evidence standard has been met, therefore the above allegation is found to be Substantiated. A finding of Substantiated means that the allegation has been found to be valid because the preponderance of the evidence standard has been met. At 10:31a.m., Director, Bernadette, immediately distributed face masks to all children in care and verbally relayed to staff that all preschool age children are required to wear a mask while indoors unless the children are eating, sleeping, or drinking water. LPA provided the Director with the current Department of Public Health Guidance for Early Childhood Education and LPA observed the Director distribute the form staff. A Technical Violation is being issued under 101223(a)(2) Personal Rights section to protect the health and safety of children in care.
At 11:18a.m., Director, Bernadette Galindo, left facility for the day. Lead Teacher, Rosa Cruz, concluded the inspection visit with LPA. Exit interview was conducted with Lead Teacher, Rosa Cruz.
The Notice of Site Visit (LIC 9213) – must remain posted for 30 days during the hours of operation after each site visit by a licensing representative. Failure to maintain posting as required will result in a civil penalty of $100.00. END OF REPORT PAGE: 2 OF 2 |