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32 | (9099-C continued)
Regarding the allegation, “Licensee keeps daycare children outdoors in extreme heat for an extended period of time,” the Reporting Party (RP) alleged that the Licensees kept daycare children outdoors for an extended period of time during extreme heat. The RP further alleged that the children were exposed to temperatures of approximately 110 degrees Fahrenheit and that there was inadequate shade available to protect the children from the heat.
LPA Gil interviewed the Licensees, who stated that the children are taken outdoors in the morning for a limited period of time due to the current hot weather conditions in the area. The Licensees stated that the children have access to shaded areas, a gazebo, and water misters while outdoors. The Licensees also stated that the children have access to water at all times. The Licensees disclosed that, due to the hot weather, the facility currently provides water play activities on Fridays.
LPA Gil interviewed four verbal, enrolled children. All four children stated that they enjoy attending the facility and playing outdoors. The children stated that they have access to water while outdoors and are brought inside the home when it becomes too hot outside. LPA Gil interviewed five parents during the investigation. All interviewed parents stated that they are satisfied with the care provided by the Licensees and reported that their children are indoors when they are picked up from the facility. The parents also stated that their children have not reported being bothered by the outdoor weather conditions. The interviews conducted with the children and parents did not provide corroborating statements to support the allegation.
The evidence obtained during the investigation did not corroborate the RP’s allegation that the children were kept outdoors for an extended period of time during extreme heat or that adequate shade was not provided. During the inspections conducted as part of the investigation, LPA observed sufficient shaded areas, water misters, and access to drinking water available for the children while outdoors. LPA also observed a cool indoor area with air conditioning where children could play and be protected from the heat. Based on the evidence obtained during the investigation, there is insufficient evidence to establish, by a preponderance of the evidence, that the alleged violation occurred. Therefore, the allegation is determined to be Unsubstantiated.
A Notice of Site Visit was provided to the Licensee and must remain posted for 30 days.
An exit interview was conducted with Licensee Marwin Serrano. The findings were discussed, and a copy of this report was provided to the Licensee. Appeal rights were provided and explained.
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