Reporting Party (RP) stated that on 10/7/24 at 11 am RP observed Child #1 (C1) in a crib that did not have a properly fitting mattress. RP stated there was a gap between mattress and the side of the crib, "leaving room for C1 to roll over and get stuck". RP also observed that when C1 first fell asleep, C1 was on a mattress in the classroom that was "very soft, like an air mattress, but it wasn't hard and firm. It sinks when you sit on it". RP stated that next to the "air mattress" was a mirror that was not secured to the wall. RP also reported that Staff #1 (S1) woke up C1 to feed C1. RP also reported that Staff #3 (S3) left the room multiple times and at least one-time S3 left 1 staff in the room with 8 infants. Per RP, S3 was in the nap room alone folding sheets while S1 went outside to find S1’s phone.

During the investigation, LPA Sun interviewed 3 staff members and attempted to interview 9 parents however only 5 parents were available for interviews. Children interview was not conducted due to children were being nonverbal.

Regarding allegations: Facility Staff did not ensure infant was placed on a mattress that fit the crib and Facility staff did not ensure infant was placed on a firm mattress.

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On 10/15/2024 LPA interviewed 4 staff members including the director. 2 out of 4 staff members stated they have not witnessed anything in the infant classroom that needs repair. 2 out of 4 staff stated behind sink area wall needs repair, edge glue is peeling, and wood is cracking. S4 stated “our sink area needs repair; we are waiting for winter break we close for 2 weeks. When we don’t have kids, we plan to fix it”. LPA inspected infant childcare room. LPA with director confirmed that cracking wood is not accessible to children and free of sharp edges. LPA inspected the child mirror that was next to the “air mattress”. LPA with director confirmed that the child mirror is safely tucked between mattress and wall. Director decided to removed mirror from infant classroom and stated facility will purchase a different type of mirror that is not glass and can be secured to the wall. Director showed LPA selected purchased mirror from Discount School Supply website.

Regarding allegation: Facility staff intentionally woke up infant from sleeping.

On 10/15/2024 LPA interviewed 4 staff members including the director 4 out 4 staff members stated they have not witnessed anyone including themselves waking up children. S1 stated: On 10/14/24, “a parent called and asked us to wake her daughter. I woke her daughter because the parent asked me to. I did wake up the child because parent gave consent. I will never wake up a child if they are sleeping”.

LPA reviewed C1’s 10/7/24-10/11/24 Infant Weekly Care Record/Highlights for lunch mealtime and 10/9/24 Infant Nap Time Log. On 10/9/24 C1 ate lunch at 11:33 AM and napped from 12:00 PM -2:15 PM.

Regarding allegation: Facility operated out of ratio.

On 10/15/2024 LPA interviewed 4 staff members including the director. 4 out 4 staff stated they ensure to stay in ratio by calling the front office for support, get floater teacher support or director will step into classroom and support staff. 4 out 4 staff stated they work with a 1:4 ratio in the infant classroom. 4 out 4 staff stated when staff step out/leave the nap room they can call for support from other staff, and they have a telephone in the nap room to call for help if needed. On 10/15/24 LPA observed two staff 2 with 6 children, staff was patting children’s backs during nap. LPA reviewed staff timecards and children sign in and out sheet for 10/7/24 at around 11:00 am to 2:00 pm 3 staff were scheduled to be in classroom with 8 children.

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On 10/22/2024, LPA attempted to interview 9 parents however only 5 parents were available for interviews. The 5 parents were satisfied with the childcare center. 5 parents did not make any disclosure regarding the above allegations and did not have any concerns.

Based on LPA interviews conducted with 4 staff members, 5 parents, and records reviewed, it was determined the preponderance of evident has not been met. Although the allegations of facility staff did not ensure infant was placed on a mattress that fit crib, facility staff did not ensure infant was placed on a firm mattress, facility staff did not ensure that infant room was free of hazards, facility staff intentionally woke up infant from sleeping, and facility operated out of ratio may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the allegations are Unsubstantiated.

Exit interview was conducted with Director, Karina Chavez. Notice of Site Visit was posted during the visit. Director 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. Director was provided a copy of their appeal rights (LIC 9058 01/16) and their signature on this form acknowledges receipt of these rights. First level appeals should be sent to the regional manager to the address listed above.

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