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32 | Allegation regarding “Authorized representative was not able to visit day care”: According to the allegation, Reporting Party (RP), stated that Director was not responsive to RP’s concerns and numerous requests to visit the facility and were denied without ever given a reason why. LPA conducted interviews with Director, parents and staff and obtained consistent statements that the Director is highly communicative and is always accessible and open to inquiries and concerns requested by parents. Statements obtained from parents interviewed found that requests to enter the classrooms had never actually been made and therefore could not confirm that entry would be prohibited. However, Per Director’s own admission, it took some time for the RP's request to be granted as she was unaware of any updates or changes to visiting guidelines initially issued by DPH. Additionally, during LPA’s initial visit on 3/3/22 to address the complaint, LPA Baluyot clarified the policy regarding Parents’ Rights to enter the facility and issued a Technical Advisory on that day. It was explained to Director Wong that this was a precautionary measure initiated and "highly recommended" by DPH at the beginning of the pandemic (and) has never had any legal/or licensing regulation basis or support and that parents have the right to enter and observe their children in class without prior notice. Director was also advised to change the wording on their COVID-19 Policy and Procedures to reflect the guideline accurately. Changes in facility’s written/posted guidelines are still currently pending, however, Director states that requests to visit the facility would be granted in a timely manner based on Parent’s Rights.
Based on statements obtained from interviews, this agency has investigated the complaint alleging “Authorized representative was not able to visit day care” and determined the allegation to be UNSUBSTANTIATED. A finding of UNSUBSTANTIATED means that although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur.
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. Exit interview was conducted with Teacher, Elizabeth Wong, including, but not limited to Provider Rights, Appeal Procedures and Agencies Consultative Role.
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