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Staff #2 and staff #4 indicated during naptime, if the children wanted to use the bathroom, the teacher would stand at the hallway to watch the children using the bathroom. While the teachers standing in the hallway to supervise the children using the bathroom, the teachers would constantly ask the children inside the bathroom if they’re ok or not to make sure the children were safe during the bathroom use. Staff #2 and staff #4 confirmed that if the teachers stood at the hallway, the teachers could not see the children inside the bathroom; During the inspection, LPA Nguyen stood at the hallway where the teachers stood to supervise the children using the bathroom, LPA Nguyen could not see what the children were doing inside the bathroom.
During the investigation, LPA Nguyen interviewed 4 children, no disclosures were made by any children. All interviewed children stated they have never witnessed their teachers playing on their phone and not supervising the children. The children also stated they like their teachers. LPA Nguyen contacted five parents by phone and was able to interview three parents. All interviewed parents stated they did not have any concern with facility.
Based on LPA’s interviews, information gathered, and observation, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12, Chapter 1 Section 101229(a)(1) Responsibility for Providing Care and Supervision is being cited on the attached LIC 9099D. Please refer to attached 9099D for documentation of deficiencies.
An exit interview was completed. The report was reviewed and discussed. Appeal Rights and deficiencies were discussed. The facility representative was provided a copy of their appeal rights (LIC 9058 01/16) and their signature on this form acknowledges receipt of these rights. All appeals must be in writing and received by the Licensing office within 15 business days. Any proposed changes to the physical plant, including telephone number, shall be immediately reported to the Department.
The facility representative was informed that the “Notice of Site Visit” must be posted for 30 consecutive days. Failure to post will result in Civil Penalties of $100.00. The “Notice of Site Visit” must be posted on or adjacent to the door.
“Upon receipt, licensee shall post and provide copies of this licensing report to parents/guardians of children in care at the facility and to parents/guardians of children newly enrolled at the facility during the next 12 months.” |