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13 | On March 6, 2024, at 2:30 p.m., Licensing Program Analyst (LPA) Cindy Hamilton met with Director/Licensee Katherine Everhart to deliver the findings for the above stated allegations. During the investigation, LPA Hamilton conducted interviews with licensee, three staff, three children and reporting party. LPA Hamilton conducted a health and safety inspection of the CCC on February 27, 2024, and no safety concerns were noted. LPA obtained and reviewed pertinent documentation. LPA was unable to interview child(ren) identified as “victim/witness” due to child(ren)’s parents would not allow child(ren) to be interviewed.
On February 22, 2024, Community Care Licensing (CCL) received information stating staff left day care children unattended outside and staff did not assist day care children with obtaining dry clothing. Regarding the allegation staff left day care children unattended outside, it was alleged that several children were outside playing, jumping in puddles of water without supervision for approximately 30 to 40 minutes. Confidential interviews and Director disclosed to LPA that the children were allowed to go |
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32 | outside by Staff #2 and “let off some energy” since the rain had stopped. It was also disclosed that S2 stood in the doorway of the classroom to supervise the children that were allowed to go outside and to also supervise the children who chose to stay inside the classroom. Confidential interviews disclosed to LPA that there were approximately five to six children outside of the classroom. Confidential interviews disclosed that while the children were outside the classroom playing one of the children exposed themselves to the other children, laid in a water puddle and spit water on another child. These incidents were not witnessed by S2 who was responsible for supervising the children outside and the S2 was made aware that these incidents had occurred by the other children outside who witnessed the incidents when the children ran back to the classroom. Per records review, LPA observed video footage that showed four children outside on the blacktop for one minute, with no direct supervision. During LPA’s visit to CCC on February 27, 2024, LPA observed the field to be across the parking lot/blacktop from the classroom. Confidential interviews also disclosed that sometimes the children are allowed to go outside by themselves as long as an older child is present.
Regarding the allegation, staff did not assist day care children with obtaining dry clothing, it was alleged that staff allowed children to go outside and jump in puddles of water resulting in one of the children going home soaking wet. Interviews disclosed that a child was allowed to go outside after it had been raining and came back into the class soaking wet. Confidential interviews disclosed that the child did go home in the wet clothes. Per review of records, LPA observed video footage of four children outside on the blacktop and one clearly jumping in puddles of water.
Based on confidential interviews and records review, the preponderance of evidence has been met and the allegations that staff left day care children unattended outside and staff did not assist day care children with obtaining dry clothing are substantiated. The facility is being cited a Type A violation of Title 22, Section 101229(a)(1) Responsibility for Providing Care and a Type B violation of Section 101223(a)(3) Personal Rights which poses a potential health, safety and/or personal rights risk to children in care.
LPA informed Director Type A citations shall be posted for 30 consecutive days as there is an immediate risk to the health, safety, or personal rights of children in care. LPA also advised Director to provide a copy of this licensing report dated 3/06/2024 that documents a Type A citation to parents/guardians of all children currently enrolled by the next business day or the next day the children are in care, and to any newly enrolled parents/guardians for 12 months from the date of this report. A signed Acknowledgement of Receipt |
Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type A
03/07/2024
Section Cited
CCR
101229(a)(1) | 1
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7 | 101229(a)(1) Responsibility for Providing Care: (a) The licensee shall provide care and supervision as necessary to meet the children's needs. (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. This requirement was not met as evidenced by:
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7 | Director has agreed to provide training to staff regarding proper supervision and provide CCL with copies of training content and sign-in sheet on or before POC due date via mail or email.
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14 | Based on confidential interviews several children were left without direct supervision resulting in a child exposing self, a child’s clothing being spit on soaking wet and another child being which poses a potential health, safety and/or personal rights risk to children in care.
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Type B
03/19/2024
Section Cited
CCR
101223(a)(3) | 1
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7 | (a) The licensee shall ensure that each child is accorded the following personal rights: (3) To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse or other actions of a punitive nature including but not limited to: interference with functions of daily living including eating, sleeping or toileting; or withholding of shelter, clothing, medication or aids to physical functioning. | 1
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7 | Director has agreed to provide training to staff regarding personal rights and provide CCL with copies of training content and sign-in sheet on or before POC due date via mail or email.
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14 | Based on confidential interviews and records review a child was sent home in wet clothing. | 8
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