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32 | L1 denied the allegations stating that her facility has never been out of ratio and that when children cry it’s usually only when they are new to care and transitioning, but she works with them to figure out what is wrong. L1 further stated that children who aren’t napping can go in another room away from the children who are napping.
During LPA Strothers investigation, records were reviewed, and interviews were conducted. LPA interviewed 5 staff, Staff 1 – Staff 5 (S1-S5) and two adults, Adult 1 and Adult 3 (A1 & A3) between 01/13/23 and 01/30/23. An attempt was made to interview Adult 2 (A2) on 01/30/23.
One staff interviewed stated that on dates 08/2/22 – 08/4/22 they had 5 infants (C1-C5) in care while the other assistant was caring for the preschool age children. Additionally, this same staff stated that on more than one occasion during the summer months of 2022, there would be a total of 15 children in care, 4 infants and 11 older children. A second staff interviewed stated that during the months of October and November 2022, on more than one occasion she was working with a total of 14 children, 5 of whom were infants (C1-C5) while L1 was present in the “off-limits”, non-daycare area of the home. Interviews with staff corroborate that on more than one occasion the provider (L1) was operating out of ratio.
Interviews with 3 out of 5 staff stated that they were instructed by L1 that children are to stay in their cribs until 3:00pm when nap time is over, even if they are awake and/or crying. 4 out of 5 staff interviewed, further stated that on more than one occasion, per L1’s instructions, infants were to be placed in a highchair at times when they are not eating, either to prevent an infant from biting others or because the assistant was working with 4 infants and up to 6 other children without another adult present in the rooms where care is provided. Interviews with S1-S5 corroborate that on more than one occasion a crib/pack and play and/or highchair was used to restrain children in care while the child cried for an extended period of time, which is a violation of their personal rights.
Continue on LIC809-C (2) |
Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type A
02/02/2023
Section Cited
CCR
102416.5(d)(2)(b) | 1
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7 | (d) For a Large Family Child Care Home, the maximum number of children for whom care may be provided at any one time when there is an assistant provider in the home, including children under age 10 who reside at the licensee's home and the assistant provider's children under age 10, shall be either: (1) Twelve children, no more than four of whom may be infants;
This requirement is not met as evidenced by: | 1
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7 | Licensee shall provide her weekly schedule of children and the corresponding roster LIC9040 to LPA Strother and email to: amy.strother@dss.ca.gov |
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14 | Based on interviews conducted, on more than one occasion, L1 had 5 infants in care, and exceeded the ratio requirement, which poses an immediate Health and Safety risk to the children in care. | 8
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14 | L1 reviewed and signed a copy of the Staffing Ratio and Capacity regulations for FCCH's, stating that she understands the number of infants she can have in care at one time. |
Type A
02/02/2023
Section Cited
CCR
102423(a)(2) | 1
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7 | a)Each child receiving services from a family child care home shall have certain rights that shall not be waived... These rights include, but are not limited to,...:(2)To receive safe, healthful, and comfortable accommodations, furnishings, and equipment.
This requirement was not met as evidenced by:
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7 | Licensee and assistants will sign a statement that they have read and understand the Personal Rights Title 22 Regulations and will watch the Personal Rights training video located on the CCLD website: https://ccld.childcarevideos.org/family-child-care-providers/childrens-personal-rights-in-child-care/ signing a statement that they have watched the video.
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14 | Based on interviews at least one child, on more than one occasion was observed to be in a highchair for extended periods of time while not being fed, or required to stay in their crib until nap time was said to be over, even if they were awake and/or crying, therefore restraining the child, which poses an immediate health, safety, or personal rights risk to the children in care. | 8
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14 | The training and signatures must be completed, and documentation of proof of training submitted to LPA Strother by 02/02/23 to amy.strother@dss.ca.gov or text to (707)599-1479.
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