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32 | On 09/10/24 the Orange County Child Care Office received a complaint alleging Licensee is operating over capacity. Reporting Party (RP) stated the following: The daycare is caring for approximately 20 children, aged from preschool and younger, for the past year. The children are dropped off at around 7:30 AM and picked up at about 6 PM from Monday to Friday. The RP provided descriptions of the two women who provide care: the first provider is Hispanic, short, of medium build, with black hair, while the second provider is white, with blond hair, and of medium build. The RP also stated the licensee might not live in the home.
During the investigation, LPA inspected the facility, interviewed 3 staff members, 5 children, reviewed all children’s files, took pictures of the children’s roster, and was provided with a video footage showing the number of children the licensee is caring for at one time.
On 09/17/24 during interviews, Staff#1 (S1) stated the following: There are 14 children enrolled with the exception there was one time when they had 15 children. They had 15 children on one day when the food program was there. S1 did not remember the exact date. S1 stated the licensee lives in the home. Staff#2 (S2) stated the following: They have 15 children enrolled. The 15 children come 2 days out of the week. They mostly come on Tuesdays and Thursdays. S2 stated licensee lives in the home. Staff#3 (S3) stated the following: They have 14 children enrolled and does not have more than 14 children at once at the facility. S3 stated S3 lives in the home. LPA reviewed the children’s files and there were 15 children’s files. LPA was also provided with a video footage showing S1 and S2 and 15 children were walking on the street sidewalk and entering the facility.
On 9/17/24 LPA interviewed 5 children. 5 out of 5 children stated their teachers were S1 and S2. The 5 children did not disclose anything that was concerning.
On 11/8/24 LPA called 5 parents and was able to interview 2 parents. The 2 parents stated they are satisfied with the day care and had no concerns.
Based on the staff interviews and video footage it has been determined that Licensee is operating over capacity. The preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12, Chapter 1, Section 102416.5(a) Staffing Ratio and Capacity, is being cited on the attached LIC9099D.
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