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During the investigation, LPA Tran conducted interview with facility's Director, reviewed staff records and information regarding criminal record clearances on the Guardian Background Check System.
During the interview, Director confirmed that Staff #1 (S1) was hired to work at the facility from 09/04/2024 to 09/23/2024. Director stated that S1 has provided a criminal record clearance number to the facility upon hired, however, Director was not aware that S1 did not complete all required process to receive criminal record clearance and exemptions. Director stated the facility terminated S1's employment when Director was informed by Regional Office that S1's criminal record clearance was not granted and was on "Pending" status.
During record review, LPA Tran verified that S1 has not received criminal record clearance or exemption and the status for S1 was "In Process" on the Guardian Background Check System.
Based on information gathered from interview and record reviews, the preponderance of evidence standard has been met, therefore the allegation Uncleared staff(s) providing care and supervision to daycare children, are found to be SUBSTANTIATED. California Health and Safety Code, Section 1596.871(c)(1)(A) Administration of Child Care Licensing was cited on the attached LIC 9099D. An immediate civil penalty was assessed.
Due to the Type A violation, the licensee shall post and provide copies of the report to parents/guardians of the children in care at the facility by the next business day, and shall provide to the parents/guardians of children newly enrolled at the facility during the next 12 months. In addition, the licensee shall immediately post upon receipt the Proof of Correction for 30 consecutive days and provide a copy to current and enrolling parents. The licensee is to keep Acknowledgement Receipt (LIC 9224) signed by parents in each child’s file. Failure to post Type A reports for 30 days will result in a Civil Penalty of $100.00
Appeal Rights and deficiency were discussed. The facility representative was provided a copy of their appeal rights (LIC 9058) 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. A notice of site visit was given and must remain posted for 30 days. Exit interview conducted and report was reviewed with Director Melissa Nguyen. (End of Report) |