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32 | *** This is an amended report from visit conducted on 10/08/24***
Interviews with A1, A2, A5,A7, A9, revealed they have all heard staff yell; “you need to stop doing that, we aren’t doing that, you guys are big kids, sit down, you need to listen, I told you to sit down, I told you to listen, no we don’t do that here stop it, stop don’t do that, you get off the table, you get off the cubby, you stop running”. A1, A2,A5,A7 and A9 reported children’s reactions to the yelling were; some children would freeze because they appeared frighten, some children were startled by the yelling, some children would cry when the staff entered the room, and that some children don’t respond to the command that was yelled. One adult reported there was an incident where they had gotten down to talk to a child on their level, and it was perceived as if they were in the child’s face. The adult spoke to the guardian and apologized about the mis- understanding. Some Adults reported they had not heard staff yell since the summer months. Interview with A3 revealed child had reported to them that staff yelled at them and it mad them sad. Interview with A6 revealed, they were told, staff yelled at children as if they were dogs. Some children reported staff don’t yell but friends do.
Interviews with A1, A2, A3, A5, A8, all revealed; there were instances when two staff (one qualified, one aide) were left alone with 16-21 children (when regulation required the maximum number of children per one qualified staff with one staff with 3 or less units be 15 total children) , while other staff were taking breaks, there was also instances when staff with three units or less were left alone with twelve children or less. Evidence received revealed there was at least one occasion where Staff with 0 units was being used to relief other staff for breaks, leaving the staff alone in the classroom with children.
Interviews with some adults revealed the incidents of yelling and operating out of ratio occurred more frequently during the spring-summer months, and did not have incidents to report of yelling or operating out of ratio since August 2024.
Evidence received revealed there was at least one occasion in July 2024 where a child (CA) hit another child (CB)on the head with a small plastic ball, a staff nearby saw the incident, walked over to CA and grabbed the child by both elbows, squatted down to the child and pushed child with right hand pointer finger on CA’s chest. Staff’s face was close to the child. Another child near by stopped playing to turn and watch staff discipline CA.
Based on interviews, and evidence received staff yelled at day-care children, and staff were operating out of ratio. Therefore, the preponderance of evidence standard has been met and the above allegation is found to be substantiated. The California Code of Regulations, Title 22, Division 12 & Chapter 1, sections 101216.3(b) and 101223(a)(3) are being cited on attached LIC 9099D. This is a repeat citation within a 12 month period resulting in a $250 civil penalty. Complaint Investigation Report (CIR), was provided and reviewed with center director. Notice of Site Visit shall be posted for 30 days. Appeal Rights were provided.
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