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32 | It was also revealed that a sheet was provided sometimes for the children to share and sometimes no sheet was provided at all. In the beginning of the investigation Licensee informed LPAs Washington and Kenney that her pest management company was Aptive Environmental. LPA Kenney learned during the course of the investigation that the Licensee did not have a pest control contract with Aptive Environmental until 12/10/2019, which was after the complaint was received. The pest control company stated all of their products are people and pet friendly and it is not required to put plastic down on the floor after treatments. Based on the information obtained, this allegation is found to be substantiated.
It was also alleged that children were humiliated by inappropriate comments and forced to wear shower caps. The Licensee stated that she had concerns for the children (C1, C2, C3) regarding their hygiene. The Licensee stated that she did ask the day-care child about the appearance of their underwear out of concern for their hygiene. The Licensee also stated that she spoke to the children and the parent about certain type of products that should be used on the children's type of hair. The Licensee denied requiring the children to wear shower caps and stated that the children requested to wear shower caps because they saw the Licensee's adult daughter wearing a shower cap in the home. Parent and children interviews were conducted and it was revealed that the Licensee required (C1, C2, C3) to wear shower caps while at the day-care home after there was lice exposure. It was also revealed that the Licensee requested that a child (C3) go to the restroom and was asked to inspect the appearance of their underwear and report back to the Licensee what color their underwear was. During the course of the investigation LPA learned that child (C3) was shook by the shoulders by the Licensee when the child soiled their pants. Based on the information obtained during the investigation, this allegation is found to be substantiated.
Based on LPAs interviews which were conducted and record review, the preponderance of evidence standard has been met, therefore the allegations are found to be substantiated. California Code of Regulations, Title 22, Division 12 & Chapter 1, are being cited on the attached LIC 9099D.
Upon receipt, licensee shall post and provide copies of this licensing report to parents/ guardians of children who are currently enrolled as well as parents/ guardians of children newly enrolled at the facility during the next 12 months. Parents/guardians must acknowledge receipt of this report and citation by signing a LIC 9224, “ACKNOWLEDGEMENT OF RECEIPT OF LICENSING REPORTS”. A copy of this form should be placed in each child file upon receipt from parent. |
Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type A
12/18/2019
Section Cited
CCR
102423(a)(2) | 1
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7 | Personal Rights. (a) Each child receiving services from a family child care home shall...
(2) To receive safe, healthful, and comfortable accommodations, furnishings, and equipment. This requirement is not being met as evidenced by: | 1
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7 | Although the Licensee denies that children were required to sleep directly on a tarp, the Licensee stated that children will be provided comfortable accommodations and equipment including but not limited to a blanket, pillow, and a comfortable surface. |
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14 | The Licensee required three day-care children(C1, C2, C3) to sleep directly on a blue plastic tarp. This is an immediate health and safety risk to children in care. | 8
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Type A
12/18/2019
Section Cited
CCR
102423(a)(4) | 1
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7 | Personal Rights. (a) Each child receiving services from a family child care home shall...
(4) To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse, or other actions of a punitive nature, including, but not limited to: interference with eating, sleeping or toileting... | 1
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7 | The Licensee stated that comments directed at the children (C1, C2, C3) were for concern for their hygiene. The Licensee stated that any concerns for the children will be discussed with the parent and not directed to the children. The Licensee stated that she will not require children to wear shower caps in the |
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14 | This requirement is not met as evidence by: The Licensee requested a child (C3) to inspect the appearance of their own underwear. The Licensee commented on a child's (C1) hair. Children were required to wear a shower cap in the home. Licensee shook child (C3) by the shoulders for soiling their pants. This is an immediate health and safety risk to children in care. | 8
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14 | day-care home without the parent and children's consent. Licensee will not inappropriately grab a child for any reason and will review the section of children's personal rights regulation.
A civil penalty in the amount of $250.00 is being assessed for repeating the same violation within 12 months. |