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In regard to the allegation of some facility staff not wearing mask, director reported that all facility staff are aware of the mask requirement for all staff when indoors which directs staff to follow those guidelines. In addition, director reported that one staff has a medical condition that exempts the staff from mask wearing. However, an alternative face covering option, such as a face shield, has not been obtained/worn by staff yet. Some staff interviewed reported that they consistently wear their mask when indoors. Other staff interviewed reported that they wear their mask only sometimes when indoors, and the administration is not strict with the guidelines. Another staff reported that the director communicated to all staff during a meeting that as long as a mask is hanging around their ears and they can quickly put it on if a parent walks in that she is fine with that. Another staff reported that on occasions walk throughs are conducted to ensure staff are wearing mask. All staff reported that they require all adults to wear mask before entering a class/office.
During LPA’s facility visits on 9/7/21 and 10/1/21, LPA observed all staff indoors wearing a mask and there were “mask required/social distancing” posters on the exterior of the buildings. Parents reported that teachers are observed wearing masks only sometimes when in the classroom, and another parent reported that teachers are not wearing mask all the time when indoors. Parents reported that parents are required to wear mask when entering the class. Children interviewed reported that they see their teachers with mask on while in the class. Other children interviewed reported that their teachers only wear a mask sometimes in the class.
Based on LPA’s observations, disclosures, and documentation reviewed, the facility did not ensure the personal rights of persons in care to safe and healthful accommodations. In this facility some staff are not wearing mask and children were not required to wear face coverings while in the facility as required by the CA Dept. of Public Health Guidance on the use of face coverings on children issued June 18, 2020 and updated November 16, 2020 and an individual mask exception did not apply. The preponderance of evidence standard has been met, therefore the allegation of that children are not required to wear masks and some staff are not wearing mask are found to be substantiated. California Code of Regulations, Title 22, Division & Chapter 12, Section 101223(a)(2) are being cited on the attached LIC 9099D.
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