|children with 2 staff members. At times, the classroom has 12 children supervised by one staff member, while another staff member prepares snacks and lunch. As a result of these ratios, the facility is operating out of ratio from what is in their own Plan of Operation and the facility failed to report the changes in the plan of operation that affect services to children within 10 days of makings the changes.|
Therefore, based on LPAs observations and interviews conducted and a review of additional pertinent information obtained, the preponderance of evidence standard has been met, therefore the allegation that the facility is out of ration and/or in violation of their own Plan of Operation is found to be Substantiated. California Code of Regulations, Title 22, Division 12, Chapter 1, is being cited on the attached LIC 9099D.
Additionally, on 6/9/16, a visit was previously conducted, regarding the complaint, on that visit staff was interviewed and facility files were reviewed.
The following was alleged: Staff being threatened and/or intimidated after a previous complaint was substantiated, “a staff not having a criminal record clearance and a health screening on file.”
Licensing Program Analysts (LPAs) Lopez and Aguirre investigated the above allegation and gathered the following information: On 4/20/16, LPA Lopez conducted a visit, regarding a complaint. The complaint allegation was substantiated, which resulted in a Type “A” citation, along with the assessment of a $500.00 civil penalty for Criminal Record Clearance. After the visit from Licensing, the Executive Director Karen Calvillo called a meeting with all staff. Staff was asked what they would do with $500.00 and after a few suggestions from staff, according to information gathered, staff was told that those suggestions would not be possible. Staff was told that the reason this wouldn’t be possible was because someone called licensing and reported that Karen Calvillo was working at the facility without a fingerprint clearance, and that cost the facility $500.00. Staff were told that this was not a game and to act like adults. Finally, it was disclosed that Karen told the staff that they were either with her or against her and then she pointed at the door. As a result of this meeting, staff felt threatened, and are afraid to report any Title 22 regulation violations that arise at the facility, and in doing so this could result in the loss of employment.
Therefore, based on LPAs observations and interviews conducted and a review of additional pertinent information obtained, the preponderance of evidence standard has been met, therefore the allegation that staff were being threatened and/or intimidated after previous complaint is found to be Substantiated. California Code of