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RP stated C1 ingested the pastry and complained of stomach pain. RP stated C1’s eyes were purple. RP stated the facility did not report the incident to licensing or C1’s parents. RP stated C1 attended the next day on 08/11/2023 and their eyes were still purple and having stomach issues.
LPA conducted a visit on 02/23/2024 and interviewed 5 staff members. 5 out of 5 staff stated they were aware of all daycare children’s allergies, including C1’s. 5 out of 5 staff stated the facility is a nut free school and list are provided to staff and posted in the classrooms. 5 out of 5 staff were able to reiterate allergy procedures in case of a reaction. 5 out of 5 staff stated they did not have any knowledge of incident regarding an allergic reaction involving any daycare children. During interview with Staff #2 (S2), they disclosed a potential incident with C1. S2 states they recall the celebration on 08/10/2023 and C1 did not consume the pastry with nuts. S2 stated the pastry was served on a plate in front of C1. Staff realized that C1 should not have been served that pastry and removed it. S2 stated C1 did not touch the pastry but C1 was monitored the rest of the day. S2 stated C1 completed their day and there were no signs of an allergic reaction or symptoms.
LPA reviewed C1's food allergy care plan that determined they are anaphylactic to nuts. LPA was unable to obtain any incident reports for allergy exposure on 08/10/2023 or verify C1’s parents were notified of the exposure on 08/10/2024. LPA interview C1's Parent #1 (P1) who stated there have been no reports of allergic exposures or reactions at the facility.
LPA interviewed four (4) children including C1. There were no disclosures made to LPA. LPA interviewed three (3) parents. Parents did not provide any information pertinent to allegations of this complaint.
Based on LPA’s interviews and record review, the preponderance of evidence standard has been met, therefore the above allegation staff served child food that child had an allergy to is substantiated. California Code of Regulations, Title 22, Division 12, 101227 Food Services is being cited on the attached LIC9099D.
Exit interview was conducted with Director Krista Bartolome. The Notice of Site Visit was posted. Facility representative was informed that the Notice of Site Visit must be posted for 30 consecutive days. Failure to post will result in civil penalty of $100. Director was provided a copy of their appeal rights (LIC 9058) and their signature on this form acknowledges receipt of these rights. All appeals must be in writing and received by the Regional Office within 15 business days.
Upon receipt, Director Krista Bartolome shall post and provide copies of this licensing report to parents/guardians of children in care at the facility and to parents/guardians of children newly enrolled at the facility during the next 12 months. Licensee shall have LIC9224 (Acknowledgement of Receipt) signed and kept in each child's file. (End of Report)
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