1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32 | The allegation indicates that “Licensee operated the facility outside of license terms and conditions.”
Per Reporting Party (RP), although the facility was licensed for a capacity of 45 children between 2018 and 2022, the facility was operating over capacity with 49, 51, and 58 children present during the 2018 to 2022 period. The reporting party is referring to a YouTube video where the licensee states the availability of 95 spots for the enrollment of pre-school children.
LPA reviewed the sign-in and sign-out sheets for the period between 08/29/2022 to 09/20/2022 and observed that on at least 15 days, before the approval of their capacity increase from 45 to 90 on 09/21/2022, the facility was operating over the capacity of 45. Based on record review for the period between 01/03/2024 and 02/20/2024 after the capacity was approved from 45 to 90, the facility is currently in compliance and operates within capacity limitations. Although the licensee can be seen stating the availability of 95 spots for the enrollment of pre-school children in the YouTube video, after reviewing their records the facility is currently in compliance and has never enrolled more than 90 children.
Based upon observations and reviews of records, the allegation has been determined to be Substantiated. A finding of Substantiated means that the preponderance of evidence standard has been met. California Code of Regulations, Title 22, Division 12 Chapter 1, Article 02. Limitations on Capacity, Section 101161 “Limitation on Capacity" is being cited.
Please refer to LIC9099-D for documentation of the deficiency.
Notice of site visit was given and must remain posted for 30 days.
Exit interview conducted and report was reviewed with Paul Conway, Director of Strategic Operations.
Page 2 |