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32 | LS further claimed that on 10/05/22, she provided all three pages of the CIR which referenced the immediate risk violation; as well as obtaining parents’ signatures on the Acknowledgement of Receipt of Licensing Reports (LIC 9224). Statement provided by staff (S1) indicated S1 was present for a brief period on the day the Department delivered the CIR that cited the immediate risk violation.
Although P4 affirmed receiving a copy of the licensing report, A1, P2 & P3 confirmed they did not receive a physical copy of the full licensing report and LS only provided P2 & P3 with a verbal notification of the 10/05/22 complaint. Secondly, P2 expressed that although he/she did not receive the physical report, LS instructed P2 to convey to the Department that he/she was notified of the complaint. A1, P2, & P3 did acknowledge that they signed the Acknowledgement of Receipt of Licensing Reports (LIC9224) even though they all did not receive the full written report. A1 further described that LS did not provide the narrative page of the licensing report which contained the full details of the investigation and A1 had to obtain a full copy of the report on the Department’s transparency website which differed from the verbal details LS provided.
On 10/21/22, LPA reviewed children’s records which showed the LIC 9224 contained parent’s signature, but statements confirmed that LS did not provide the full written report to all parents resulting in the non-compliance of Health and Safety Code (H&SC) 1596.8595(c)(1) which mandates the facility to provide the parents or guardians of each child receiving services in the facility, copies of any licensing report that documents any Type A citation.
Based on LPAs investigation, the preponderance of evidence standard has been met, therefore the above allegation(s) is found to be SUBSTANTIATED. Health and Safety Code, Title 22, Division 6 & Chapter 3.4 of the California Day Care Act, is being cited on the attached LIC 9099D. |