Licensing Program Analyst (LPA) A. Silva conducted a Case Management - Lead visit to follow up on the Lead Sampling Testing dated 10/26/2022. Upon arrival, the test results for water outlet(s) E located in room 17 was discussed with Director Jonine Sodders. The results are at a Lead Action Level Exceedance with values of 5.5 ppb or greater. The LPA reminded the director that the instructions for required lead testing are outlined in PIN 21-21.1-CCP WRITTEN DIRECTIVES FOR LEAD TESTING OF WATER.

PIN 21-21.1-CCP Written Directives have the same force and effects as the regulations contained in Title 22 of the California Code of Regulations. Per Written Directives, Assembly Bill (AB) 2370, Chapter 676, Statutes of 2018, requires all licensed Child Care Centers constructed before January 01, 2010 to test their drinking water for lead contamination between January 1, 2020 and January 1, 2023, and every 5 years after the date of the first test, and to notify parents or legal guardians of children enrolled of the requirement to test the drinking water and the results of the test.

The facility was tested for lead on 10/26/2022 at which time multiple outlets, including E, exhibited levels of lead higher than 5.5ppb. The facility repaired and retested all the outlets with lead exceedances, except outlet E. The director stated that outlet was not retested because it was removed instead. According to the director, the staff never used outlet E because staff used the outlets in adjacent rooms 15 and 18. The director added that room 17 has not been used for instruction since the school reopened after covid. The LPA observed that outlet E in room 17 had in fact been removed.

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Census at the time of the visit was 12 preschool children. A review of the Facility Personnel Report Summary indicated all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions. The director was reminded that 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 the initial presence in a Child Care Center. A civil penalty of $100.00 minimum/day up to $500.00 maximum per day/per person will be assessed if this regulation is violated.

Based on interview statements, observation, and records review, the licensee addressed the lead exceedances per the Written Directives.

An exit interview was conducted, and the report was reviewed with the director. A Notice of Site Visit was posted and must remain posted for 30 days. Appeal Rights and deficiency were explained. The Director was provided a copy of appeal rights (LIC 9058 01/16) 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. First level appeals should be sent to the regional manager to the address listed above.

END.