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13 | A follow-up complaint investigation visit was made to the facility today by Licensing Program Analyst (LPA), Y. Yang to deliver complaint investigation findings. During today’s visit, the LPA met with the center’s acting director, Denise Olsen (S1) at 12:10pm to discuss the findings. Previous visits were made to the facility by the LPA on 09/01/21,10/22/21, 10/28/21, and 11/17/21. It was alleged that the facility is operating over ratio and that unqualified staff members are supervising children at the facility. Specifically, it has been alleged that staff S9 and S10, who are lacking the required educational units, are supervising awake children without working under the direct supervision of a teacher.
The LPA interviewed the center’s assistant director, Sarah Kalua (S7) on 09/01/21 at 01:08pm. Kalua denied the allegation that unqualified staff members are supervising children at the facility. Kalua stated that all aides must work under the supervision of a teacher unless the children in the classroom are napping. Kalua, however, acknowledged that preschool classrooms may be out of ratio by approximately two-to-four children during the morning drop off period. Continued on LIC9099-C |
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NARRATIVE |
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32 | Kalua stated that teachers are instructed to call the front desk using a phone located in each classroom to request additional assistance when this occurs. The center director, Karen Arena was not available for an interview. Arena’s last day working at the facility was on 09/03/21. The center’s acting director, Denise Olsen (S1) was interviewed on 11/17/21 at 11:45am. Olsen stated that she has worked at this center since the last week of August 2021. Olsen stated that since being appointed acting center director, she has not observed any unqualified staff supervising children or any classrooms operating over ratio. Olsen stated that if a classroom needs an additional staff member, either due to a child or children waking up from a nap or due to many children being dropped off in the morning around the same time, she will step in to assist.
The LPA reviewed the personnel files of S9 and S10 during the investigation. Both staff members did not have the required units necessary to qualify as a teacher and therefore were required to work under the direct supervision of a teacher when working with awake children. Olsen stated that S9 and S10 are no longer employed by the center. During the LPA’s site visits on 09/01/21,10/22/21, 10/28/21, 11/17/21 and /11/22/21, the LPA conducted head counts in every classroom. No classrooms were observed to be operating over ratio.
Interviews with facility staff were conducted by the LPA during the investigation. Staff members S7 and S2 were interviewed on 09/01/21. S3 was interviewed on 10/22/21. S8 was interviewed on 10/28/21. S1, S4-S6 were interviewed on 11/17/21. Staff that were interviewed that are familiar with S9 and S10 all reported that they have observed staff S9 and S10 supervising awake children without working under the direct supervision of a teacher in a classroom. All staff members that were interviewed reported that they have either experienced their classroom operating out of ratio or they have observed other classrooms at the center operating over ratio.
Based on information obtained from interviews and personnel documents, the preponderance of evidence standard has been met; therefore, the above allegations are found to be substantiated. California Code of Regulations, Title 22, is being cited on the attached LIC 9099-D. Appeal rights were provided. An exit interview was conducted, and this report was read and discussed with the facility’s acting center director, Denise Olsen. The Notice of Site Visit shall be posted for 30 days. |
Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type B
12/03/2021
Section Cited
CCR
101216.3(a) | 1
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7 | Teacher-Child Ratio. There shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance. This requirement was not met as evidenced by: | 1
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7 | The acting center director Denise Olsen stated that she conducts a head count of all classrooms every 30 minutes to anticipate changes in ratios and makes adjustments as necessary. Olsen stated that teachers are also required to notify her if they are one child away from being at capacity. |
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14 | Based on the LPA's interviews with facility staff and the former assistant director, Sarah Kalua's admission on 09/01/21 at 01:08pm, it was corroborated that the facility has operated out of ratio on more than one occasion for brief periods of time due to staffing shortages around the morning drop off period. This is a potential health and safety risk to the children in care. | 8
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14 | Olsen stated that she will also provide a training to all staff members regarding care, supervision, and maintaining ratios. Olsen stated that she will submit a training agenda along with staff sign in sheet to CCLD. |
Type B
12/03/2021
Section Cited
CCR
101216.1(b)(1) | 1
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7 | Teacher Qualifications and Duties.A teacher shall have completed, with passing grades, at least six postsecondary semester or equivalent quarter units of the education requirement specified in (c)(1) below, or shall have obtained a Child Development Assistance Permit issued by the California Commission on Teacher Credentialing.This requirement was not met as evidenced by: | 1
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7 | Olsen stated she will submit to CCLD an updated LIC500 along with a written plan detailing staff's work schedule showing coverage of the classrooms at the center. |
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14 | Based on the LPA's interviews with staff and a personnel record review, the facility did not ensure that S9 and S10 met the qualifications required to work in the capacity of a teacher. Record review indicates that S9 and S10 were only qualified to work as an aide under the direct supervision of a teacher. Based on the LPA's interviews, it was corroborated that S9 and S10 supervised awake children for a portion of the day without being under direct supervision of a qualified teacher, which poses a potential risk to the children in care. | 8
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