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The complainant party (CP) reported Staff are not following a daycare child's dietary plan while in care.
During the investigation LPA Thompson interviewed complaining party, Director, and 4 staff members. LPA reviewed the children’s roster, five children files, allergy list, diet restrictions letters, and food daily reports.
During an interview on 9/13/2022, the Director (S5) stated, children in care have an allergy list posted on a clipboard inside their classrooms. LPA observed the allergy list and and it has the name and picture of each child with a list of their allergy and diet restrictions.
During staff interviews, it was determined all teachers and assistants inside the classrooms have access to the allergy list. Staff also stated they all have access to the food daily report and are able to edit and make changes to the food report to reflect what the child was given to eat when in care. Some staff also stated they have witness children taking food from other childrens plates. One staff stated witnessing a staff accidentally given food to a child they weren’t supposed to have but later taken away.
During file reviews, LPA reviewed the diet restrictions letters that is given to parents to fill out and return back to the facility. Child #1 (C1) file states No Dairy or Dairy Containing Foods. (C1) allergy/ diet restrictions reads Dairy as an Allergy/Reaction. LPA observed the daily food reports for (C1) that shows (C1) was given dairy products on multiple occasions.
Based on LPA facility inspection, observation, interviews conducted with complainant party, director, staff members, and records reviewed it has been determined that C1 dietary plan was not being followed. Therefore, the preponderance of evidence standard has been met, the allegations are found to be Substantiated. California Code of Regulations, Title 22, 101427(c) Infant Care Food Service is being cited on the attached LIC 9099D.
Exit interview conducted and report was reviewed with the Director Catherine Escobedo. A notice of site visit was given and must remain posted for 30 days.
Appeal Rights and deficiencies were discussed. The 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. |