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25 | Licensing Program Analysts (LPA), Elpidia Hernandez Torres and Melchisedeck Augustin, conducted a video conference tele-inspection with Licensee to deliver this report and citations. Due to COVID-19, the Department suspended field operations, and Licensee agreed to meet with LPAs via video conference. Through the course of a complaint investigation, additional deficiencies were identified involving a personal rights violation, specifically threats of intimidation and yelling towards daycare children, and a violation of reporting requirements, specifically of incidents that occurred on 03/11/2020, 07/06/2020, and 02/25/2021.
During the course of the investigation, interviews were conducted with two daycare staff, six children, and four parents on 03/17/21 and 03/23/21. According to four children interviews (C1 – C4), the facility staff member (S1) yells at children, specifically when S1 wants the children to do something. Interviews indicated that S1 is very loud and is mean sometimes when kids do not listen. On 03/23/2021, S1 admitted that he is loud with the children and uses a stern voice when kids do not complete their daily activities. Furthermore, two of the children (C1, C3) stated that S1 has threatened to put children in the fish tank which presents as intimidation or a threat to children in care.
The investigation also produced medical and law enforcement records that showed incidents occurred at the facility on 03/11/2020, 07/06/2020, and 02/25/2021 in which children sustained injuries requiring medical attention. According to a review of the facility file records, no incident reports were filed with the Department and the Licensee’s interview further confirmed that she did not report these incidents as required by regulation.
Based on the complaint investigation, there is a preponderance of evidence to show that personal rights and reporting requirement violations occurred. As such, the following citations will be issued under the California Code of Regulations, Tittle 22, Division 12 Chapter 1 on the attached Facility Evaluation Report LIC 809D. Appeal rights were provided and exit interview conducted. Licensee’s signature was not recorded, however read receipt is on file. Licensee was provided with a copy of this report.
Notice of Site Visit shall be posted for 30 days from today's visit.
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