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13 | Licensing Program Analysts (LPAs), Mila Quinto and Diana Valdez Santana conducted an investigation visit to the facility to deliver the findings. LPAs met with Assistant Director, Victoria Debellis. At 9:50am, Director, Samantha Madrigal arrived at the facility. This complaint was received on 11/19/2021 prior the recent mask wearing guidance update on March 12, 2022. The Covid-19 Emergency Response questionnaire was reviewed and answered by the director. Census was taken. There was a total of 42 preschool children with 6 staff in different classrooms.
A review of facility Personnel Report Summary on this date indicates that all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions. Facility representative was reminded that all adults 18 and over responsible for administration or direct supervision of staff, persons who provides care and supervision to children, and staff who have contact with children, including employees and volunteers, must obtain a criminal record clearance or exemption, or transfer their existing clearance or exemption, prior to initial presence in a Child Care Center.
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The Rockets Room had 5 of 5 children with no face coverings, Eagles A Room had 8 children of which 4 did not have face coverings, Explorer Room had 13 of 13 children with no face coverings. During the observation of the of the classroom; LPAs observed 8 children from Eagles B Room returning from outdoor activity space and staff reminding children to put their face coverings. LPAs observed staff demonstrating to children in the Eagle B Room on how to put a mask on and a few of the children had them in their hands or below their chins. LPAs observed 2 children of Eagle B Room said no when asked to put on their face mask. The children who were not wearing face coverings including those who were not wearing them properly, were asked by staff if they want to put their mask on after 15-30 minutes when the children entered the room.
At 11:00am, LPAs observed 8 of the 18 children indoors in the Eagles classroom were wearing face coverings. The 10 of the 18 children had mask in their pocket or on their hand or wearing around their face below the mouth. The staff had extra face mask available for children when needed. LPAs observed staff asking children individually, “do you want to put on your mask?”
Based on LPAs observation and interviews with staff, for the children who were not wearing a mask, the practice of the center was Staff asked each child individually every 15-30 minutes throughout the day “If they want to wear a mask.” According to director and LPAs observation, Child #1, #3 and #4 continuously refused to wear face mask and staff continuously ask them every 15-30 minutes throughout the day if they wanted to wear a mask. Therefore, the children would not wear a mask throughout the day as children would only be asked if they wanted to wear a mask.
Based on the interviews and observation on 2/4/22 where only 3 of the 34 children present had face covering while indoors. On 2/11/22, where only 4 of the 26 children indoors present had face covering while indoors. The preponderance of evidence standard has been met; therefore, the above allegation of mask is not being worn is substantiated. Childcare providers must comply with requirements in the Guidance for the Use of Face Coverings issued by the California Department of Public Health (CDPH). This public health order was issued under the authority of Health and Safety Code sections 120125, 120140, 120175, 120195, and 131080. The current CDPH Guidance for the Use of Face Coverings (July 28, 2021) requires that all individuals in childcare settings wear face coverings while indoors, regardless of vaccination status. |
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The facility failed to ensure the personal rights of children in care to safe and healthful accommodations, and engaged in conduct inimical to the health, welfare, and safety of the children in care, in that the children were not required to wear face coverings while indoors at Amerimont Preschool as required by the State Public Health Officer order dated June 11, 2021 requiring compliance with CDPH Guidance for the use of face coverings and the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards (ETS). An exemption to the order face coverings did not apply. Based of observations on 11/21/21, 2/4/22 and 2/11/22, interviews and records reviewed the allegations of Personal Rights will be substantiated. A substantiated finding means that the complaint is substantiated, and the allegation is valid because the preponderance of the evidence standard has been met. the following violation was revealed and is being cited in accordance with California Code of Regulations, Title 22, Division 12, Chapter 1, article 6, Section 101223 (a)(2) and Health and Safety Code Section 1596.8897 (2) is being sited, please refer to attached 9099 (D). There is a repeat violation being cited today. A previous violation of 101223(a)(2) was cited on 09/23/21 and a civil penalty was assessed today.
Exit interview was conducted. Notice of Site Visit was posted during the visit. Director was informed that the notice of site visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100. Director was provided a copy of their appeal rights (LIC 9058 01/16) and their signature on this form acknowledges receipt of these rights. First level appeals should be sent to the regional manager to the address listed above. |
Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Deficiency Dismissed
Type B
03/24/2022
Section Cited
CCR
101223(a)(2) | 1
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7 | 101223 Personal Rights (a)(2) To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs.
This requirement is not met as evidenced by:
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7 | Director would like to obtain more information on guidance from Community Care Licensing.
Director wanted clarification and expectation from Community Care Licensing. |
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14 | On 11/21/21, 2/4/22 and 2/11/22, director did not ensure the personal rights of persons in care to safe and healthful accommodations and engaged in conduct inimical to the health, welfare, and safety of persons in care, in that facility children did not wear face coverings while in the facility, as required by the CA Dept. of Public Health Guidance on the Use of Face Coverings issued June 18, 2020 and updated November 16, 2020, and an individual mask exception did not apply. | 8
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Deficiency Dismissed
Type B
03/24/2022
Section Cited
HSC
1596.885(c) | 1
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7 | Health and Safety Code section 1596.885(c) Conduct Inimical for Child Care
1596.885(c) Conduct which is inimical to the health, morals, welfare, or safety of either an individual in or receiving services from the facility or the people of this state.
This requirement is not met as evidenced by:
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7 | Director would like to obtain more information on guidance from Community Care Licensing.
Director wanted clarification and expectation from Community Care Licensing. |
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14 | On 11/21/21, 2/4/22 and 2/11/22, director did not ensure the personal rights of persons in care to safe and healthful accommodations and engaged in conduct inimical to the health, welfare, and safety of persons in care, in that facility children did not wear face coverings while in the facility, as required by the CA Dept. of Public Health Guidance on the Use of Face Coverings issued June 18, 2020 and updated November 16, 2020, and an individual mask exception did not apply. | 8
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