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32 | During the initial inspection dated 8/2/23, LPA Duron observed the facility and playground where subject child was left unattended. LPA observed two play yards located adjacent to one another, a chain link fence separating the two play yards. Director stated on Friday 7/28/23 , Staff #3 (S3) observed Child #1 (C1) in play yard in tunnel alone. S3 brought C1 back to class within a minute, probably less than a minute. C1 was ok, C1 was not crying or scared. Director stated staff on toddler side had sight of the child, and child was in the tunnel visible to staff in the next yard.
LPA interviewed 9 staff members. 6 out of 9 staff stated they witnessed a day care C1 left on playground unattended. S3 stated, on Friday, 7/28/23 the classroom was outside in their play yard, finishing up water play and S3 saw C1 in the tunnel. S3 took C1 back to classroom, and handed C1 over to the staff. The whole incident was less than a minute.
LPA Duron interviewed 3 parents. All interviewed parents stated they did not have any concern with facility.
Based on LPA’s interviews, observations and reviewing records, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12, Chapter 1 Section 101229 Responsibility for Providing Care and Supervision (a)(1) No child(ren) shall be left without the supervision of a teacher at any time, except as specified in Sections 101216.2(e)(1) and 101230(c)(1). Supervision shall include visual observation. Please refer to attached 9099D for documentation of deficiencies.
This requirement is met as evidence by: Based on LPA’s interviews, 6 out of 9 staff stating they witnessed C1 left on playground unattended, which poses a potential health risk to the children in care.
An exit interview was completed. The report was reviewed and discussed. Appeal Rights were provided. The facility representative was provided a copy of their appeal rights and their signature on this form acknowledges receipt of these rights. All appeals must be in writing and received by the Licensing office within 15 business days. Any proposed changes to the physical plant, including telephone number, shall be immediately reported to the Department.
The facility representative was informed that the “Notice of Site Visit” must be posted for 30 consecutive days. Failure to post will result in Civil Penalties of $100.00. The “Notice of Site Visit” must be posted on or adjacent to the door.
Page 2 of 2. End of Report. |