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32 | P5 explained the facility realized it made a mistake, apologized for the error, and promptly removed the photo without further incident. P5 conveyed that since the incident, the facility called every family to double check, prior to posting photos. CD explained if staff posted a photo of enrollee(s) on their personal account, this would be a direct violation of the facility’s own policy which was also included in the Employee Handbook; and CD would ask the staff to remove the photo. CD explained the procedure for the facility to post photo(s) of children on its approved/designated social media account entailed the authorized representative to give advance written consent via completing a form in the enrollment packet. CD said if parent(s) did not authorize the facility to post, then their child’s names were added on a do not post list, for the facility to reference prior to posting.
On 09/26/24, the facility submitted a copy of the Parent Handbook which referenced interviewing and photographing students on page 15, Section 8 – Miscellaneous. According to the Handbook, during new student enrollment and re-enrollment, parents are provided a Release of Specific Student Information sheet to either give or deny permission for photography and photos used in marketing. This form remains on file for the entire school year as a reference for consent or denial of consent for such images used at the school’s discretion.
Based on statements provided by parents and staff, and a review of the Parent Handbook, there is preponderance of evidence to show the facility did not comply with California Code of Regulations 101173(d) which states that the child care center shall operate in accordance with the terms specified in the plan of operation. Exit interview conducted and report was reviewed with the Facility Representative, Marie Murphy. The following violation of the California Code of Regulations, Title 22; Division 12 & Chapter 1, Article 03 is being cited on the attached LIC 809D. A Notice of Site Visit was given and must remain posted for 30 days. Failure to comply with posting requirements shall result in a $100 civil penalty. Appeal Rights were provided. |