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32 | Mars II class is out of ratio with 13 children and one unqualified staff.
During the investigation, LPA Chambers conducted confidential interviews, obtained statements from witnesses, reviewed records, and made observations during inspections on 10/30/23 and 01/19/24 regarding the above allegation.
LPA Chambers inspected the center on 10/30/23. LPA conducted confidential interviews and staff file reviews. Due to multiple documents missing from staff files on 10/30/23, LPA was unable to determine proper qualifications for some staff. On 10/30/23, LPA determined there were six qualified teachers working at the center. Two or more qualified teachers are currently not in the center causing a shortage of qualified teachers. LPA learned during interviews, there are approximately 12 employees or less, currently working with children who are not qualified teachers’ assistants.
There are five classrooms in the preschool. LPA observed that the center utilizes the Bright Wheel app for center administration. The current total of properly enrolled children is 90. There is one child who is attending and not enrolled properly and not documented on the roster. The current final count of children is 91. LPA observed the current brightwheel application with attendance and could not locate child #1 who attends.
LPA observed on 01/19/24 the center is operating out of ratio including unqualified teacher assistants supervising children with supervision. LPA conducted multiple confidential interviews and multiple witnesses observed the center operating out of ratio at various times in multiple classrooms and playground sessions. The ratio violations occur because the center is short of staff during illnesses and other reasons. The center is out of ratio due to allowing unqualified staff to work. When staff take required breaks, or children need to use the restroom, this causes ratio imbalances when the teacher has to accompany children to the restroom, leaving the remaining staff to supervise. The center does not have enough qualified teachers to cover breaks or emergency issues resulting in ratio imbalances. LPA learned through multiple interviews; witnesses observed the Neptune classroom is not operating within ratio on a daily basis. Two staff members alternate breaks which results in ratio issues. Also observed by witnesses, one of the two staff members is not qualified. When staff leaves for the day: Center hours are: 9:00am to 6:00pm, one staff is left with 15 children – ages is 18 months to 2 years old. Witnesses observed the class out of ratio on a daily basis since October 2023. Witnesses observed ratio problems starting before November 2023, all of the classrooms operated out of ratio due to shortage of staff. Classroom: Mars 1 is observed to be out of ratio when there is a shortage of staff. Classroom: Saturn and Classroom: Venus is observed by witnesses to be out of ratio due to teacher break time and children using the restroom without extra coverage when the staff has to leave with children. Based on interviews, witness observations and record review, The “preponderance of the evidence” standard has been met. The allegation that the center is operating out of ratio is substantiated. |
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13 | Licensing Program Analyst (LPA) Dayna Chambers conducted an unannounced complaint inspection on January 19, 2024. LPA arrived at the facility at 12:30PM and met with Manisha Abeyawardene, Director for the purpose of delivering findings for the above allegations. LPA toured the facility with Teacher Alex. Also present during inspection was Manisha Abeyawardene, Director and Savitri Abeyawardene, Owner.
LPA conducted multiple confidential interviews and learned that prior to the communicable disease hand foot and mouth, the center allowed children to attend if they do not have a fever but may have other symptoms. Witnesses stated they observed multiple children attending with symptoms of runny noses and coughing. Witnesses interviewed also disclosed that staff are allowed to attend the center when ill because they are short of staff. LPA learned that witnesses state they did not observe a consistent visual wellness check when children are dropped off. LPA learned there are some questions on the Bright Wheel application in reference to acknowledging symptoms. LPA learned that some staff implemented visual wellness checks after the communicable disease occurred. Through interviews, there were some staff that do not conduct wellness checks but monitor the children during the day. LPA learned through interviews; In August 2023, one child had Hand Foot Mouth. LPA learned through witness interviews and an unusual incident report dated 09/01/23, submitted by the director on 09/01/23. There were three children who were observed to have contracted Hand, Foot, Mouth on 09/01/23. The center was closed and disinfected, parents were notified and provided resources. An exposure is considered by the CDPH Guidance for Local Health Jurisdictions occurring when someone shares the same indoor airspace with an infectious person for at least 15 minutes in a 24-hour period, they are considered exposed. Individual cases of this disease are not reportable. All outbreaks are Immediately reportable to the local health department. An outbreak is defined as two or more known or suspected cases of a disease. The “preponderance of the evidence” standard has been met. Based on interviews and witness disclosures, the allegation that staff did not prevent hand, foot, mouth outbreak is substantiated.
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| Substantiated | Estimated Days of Completion: |
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32 | Licensing Program Analyst (LPA) Dayna Chambers conducted an unannounced complaint inspection on January 19, 2024. LPA arrived at the facility at 12:30PM and met with Manisha Abeyawardene, Director for the purpose of delivering findings for the above allegations. LPA toured the facility with Teacher Alex. Also present during inspection was Manisha Abeyawardene, Director and Savitri Abeyawardene, Owner.
LPA conducted multiple confidential interviews and learned that prior to the communicable disease hand foot and mouth, the center allowed children to attend if they do not have a fever but may have other symptoms. Witnesses stated they observed multiple children attending with symptoms of runny noses and coughing. Witnesses interviewed also disclosed that staff are allowed to attend the center when ill because they are short of staff. LPA learned that witnesses state they did not observe a consistent visual wellness check when children are dropped off. LPA learned there are some questions on the Bright Wheel application in reference to acknowledging symptoms. LPA learned that some staff implemented visual wellness checks after the communicable disease occurred. Through interviews, there were some staff that do not conduct wellness checks but monitor the children during the day. LPA learned through interviews; In August 2023, one child had Hand Foot Mouth. LPA learned through witness interviews and an unusual incident report dated 09/01/23, submitted by the director on 09/01/23. There were three children who were observed to have contracted Hand, Foot, Mouth on 09/01/23. The center was closed and disinfected, parents were notified and provided resources. An exposure is considered by the CDPH Guidance for Local Health Jurisdictions occurring when someone shares the same indoor airspace with an infectious person for at least 15 minutes in a 24-hour period, they are considered exposed. Individual cases of this disease are not reportable. All outbreaks are Immediately reportable to the local health department. An outbreak is defined as two or more known or suspected cases of a disease. The “preponderance of the evidence” standard has been met. Based on interviews and witness disclosures, the allegation that staff did not prevent hand, foot, mouth outbreak is substantiated.
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Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type A
01/19/2024
Section Cited
CCR
101216.3(b) | 1
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7 | 101216.3(b) The licensee may use teacher aides in a teacher-child ratio of one teacher and one aide for every 15 children in attendance. This requirement is not met as evidenced by: Based on LPA inspection, observing napping children, physical count of children, | 1
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7 | The center will go through all staff files and obtain the credential and qualifications for all staff - teachers and teachers aides as listed on Title 22 101216.2 Teacher Aide Qualifications and Duties . When complete, LPA when come to review files. For Ratio issues: The center will ensure that all staff |
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14 | review of teacher assistant qualifications and teacher child ratio observation, LPA observed 15 children ages 18 months to 2 years old with one unqualified teacher assistant. THe licensee did not follow the regulation above which poses an immediate Health, Safety, or Personal Rights Risk to children in care.
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14 | are qualified for teacher aides and fully qualified teachers. To resolve the ratio issue, the center is short of staff and needs to organize schedules and qualified staff to supervise children during all hours of the day. |
Type A
01/19/2024
Section Cited
CCR
101229(a) | 1
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7 | 101229(a) Responsibility for Providing Care and Supervision
(a) The licensee shall provide care and supervision as necessary to meet the children's needs. This requirement is not met as evidenced by: Based on LPA witness statements obtained through interviews.
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7 | The center will organize qualified staff and make sure there is coverage for illness, emergency absence, shift changes, parents picking children up late, staff breaks and lunches, accompanying children using the restroom, are covered properly. Make the necessary changes to provide proper supervision |
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Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type A
01/19/2024
Section Cited
CCR
101216.2(e) | 1
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7 | 101216.2(e) An aide shall work only under the direct supervision of a teacher. This requirement is not met as evidenced by: Based on LPA file reviews and observation at the center and witness statements, There are several staff members working at the center. | 1
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7 | Center will review all staff qualifications and obtain the proper documentation for the files to ensure the teacher assistants are qualified. |
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14 | without proof of qualifications for teachers and teachers assistants. Which poses an immediate Health, Safety, or Personal Rights Risk to children in care. | 8
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Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type B
01/19/2024
Section Cited
CCR
101223(A)(2) | 1
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7 | 101223(a)(2) Personal Rights (a)The licensee shall ensure that each child is accorded the following personal rights:
(2)To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs. This requirement is not met as evidenced by:
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7 | The center will ensure that all staff conduct visual checks before chlidren arrive in classroom and monitor during the day for symtoms. The |
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14 | Based on LPA observations, observing child with severe cough during naptime, Interviews and witness statements, the staff is allowed to come in the center when ill and children are allowed to have contact with other children while ill, which poses/posed a potential Health, Safety, or Personal Rights Risk to children in care. | 8
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