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25 | A case management inspection was conducted by Licensing Program Analyst (LPA) Port. This is a continuation of the investigation initiated on 03/14/2019 in response to a self reported incident. Upon arrival LPA met with licensee, Machiko Hornyak who guided LPA on a tour of the facility. Upon arrival, LPA observed 7 preschool age children with licensee and Bruna Goncalvesdasilv. During today’s inspection it was determined that the facility was operating within compliance of staffing ratios and within its licensed capacity. Assistant, Saori Kameyama arrived at approximately 9:30 AM. Also present in an off limits room was Adult #1. A review of adult records indicates that all facility residents, staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions.
During the course of the investigation interviews were conducted with the licensee, Adult #1, Staff #1, Staff #2 and day care children. Third party agency reports were reviewed. In the interviews conducted Adult #1 admitted to talking to the children as a form of disciplining them. Adult #1 disclosed going to the children’s classroom and standing there and looking at them, to scare them. Adult #1’s disclosure demonstrates intent to scare children which is construed as intimidation of a child. Intimidation is a violation of a child’s personal rights. Based on the abridgment of personal rights, the following violation of the California Code of Regulations, Title 22; Division 12, Chapter 1, Article 6 was cited during today’s inspection: Personal Rights 102423(a)(4) (see LIC 809D). This report cites a Type A violation and shall be provided to parents/guardians of children currently in enrolled and to parents/guardians of children newly enrolled at the facility during the next 12 months. Parents/guardians must sign Form LIC9224 to be kept in each child's file.
Inspection, report review and exit interview was conducted with licensee, Machiko Hornyak. Notice of Site Visit was posted during the visit. Facility representative was informed that the notice of site visit must be posted for 30 consecutive days, failure to post is subject to a civil penalty of $100. The licensee was provided a copy of appeal rights and her signature on this form acknowledges receipt of these rights. First level appeals should be sent to the regional manager to the address listed above. |