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25 | On 10/20/22, at 2:01 PM, Licensing Program Analyst (LPA) Elvin Baddley made an unannounced inspection to conduct a Case Management Inspection to follow up on the Child Care Center's Plan of Correction for a Type A deficiency issued on 10/4/22, pertaining to uncleared individuals being on site. LPA met with Program Administrator Julie Reid and explained the nature of the inspection. LPA notes 8 children are present at the time of the inspection along with one teacher. LPA also notes Program Administrator is assisting with the care and supervision of children at the CCC.
Program Administrator is not criminal cleared and a review of CCLD's Guardian System on the present (10/20/22) shows Program Administrator's criminal clearance determination is , "In Process.". LPA notes the Licensee submitted a Plan of Correction to CCLD on 10/6/22, via email, indicated the Licensee would,
"ensure" staff are fingerprinted and the Guardian System would be checked for staff members clearances.
Program Administrator informed LPA Program Administrator was working on site as Licensee was unable to be on site given an emergency. Program Administrator acknowledged checking the Guardian System as recently as yesterday (10/19/22) day and observing Program Administrator's clearance was still pending.
LPA reaffirmed all adults 18 and over, including employees and volunteers, must obtain a criminal record clearance or exemption, or transfer their existing clearance or exemption, prior to initial presence in a CCC.
Today, a Type A deficiency is cited under Title 22 Division 12 Appeal rights given. Upon receipt of this report, licensee shall post and provide copies of this licensing report to parents /guardian of children in care at the facility and to parent/guardians of children newly enrolled at the facility during the next 12 months. Licensee to provide LIC 9224 for each child in care and have each parent sign the form that they have received a copy
( CONT. LIC 809-C) |
Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type A
10/21/2022
Section Cited
CCR
101170(e)
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7 | e) All individuals subject to a criminal record review pursuant to Health and Safety Code Section 1596.871 shall prior to working, residing or volunteering in a licensed facility:
This requirement is not met as evidenced by:Based on LPA's observation and record review Licensee did not comply with the section cited on 10/20/22, above as Program | 1
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7 | Licensee to ensure Program Administrator is criminally cleared and Program Administrator not to be on site until criminally cleared. Director to submit a written plan of correction to CCLD by the 10/21/22, noting how the center will prevent individuals from being on site who are not criminally cleared and associated.
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14 | Administrator was at the CCC caring for children in care and are not criminally cleared which poses an immediate health, safety or personal rights risk to persons in care. | 8
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14 | Civil Penalty assessed (repeat offense $1000 in addition to $100 for day on site). |
Type A
10/21/2022
Section Cited
CCR101195(b)1
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7 | (b) Notwithstanding Section 101195(a) above, an immediate penalty of $100 per cited violation per day for a maximum of five (5) days shall be assessed if any individual required to be fingerprinted under Health and Safety Code Section 1596.871(b) has not obtained a California clearance or criminal record exemption, requested a transfer of | 1
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7 | Civil penalty of one hundred dollars ($100) per violation per day for a maximum of thirty (30) days assessed ($1500) |
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14 | a criminal record clearance...This requirement is not met as evidenced by: Based on LPA's observation/record review Licensee did not comply with section cited as this is the 2nd incident since 8/14/22, an individual with a criminal record clearance is working on site which poses an immediate health, safety or personal rights risk to persons in care.
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