NARRATIVE |
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25 | Licensing Program Analyst (LPA), Melchisedeck Augustin conducted an unannounced Case Management visit and met with Center Director, Erika Ramirez to deliver this report and citations. During the course of a complaint investigation, Licensing Program Analyst (LPA), Melchisedeck Augustin, obtained evidence showing that due to shortage in staffing, there was a lack of supervision at the facility and staff records were incomplete.
From 04/14/21 through 04/28/21, LPA interviewed one parent, four adults, and seven staff. Seven statements provided by adults and staff reported a lack of supervision at the facility. One adult reported witnessing children left without staff supervision in the facility hallway. The statements further described that on several occasions, a teacher sat between two adjoining preschool classrooms to supervise the children in both classes which had a total of 30 children.
On 04/19/21 and 05/11/21, LPA reviewed eleven staff records which showed that ten staff did not comply with immunization requirements as required by Health and Safety Code (H&SC) 1596.7995(a)(1), and two staff did not have proof of negative TB as mandated by California Code of Regulations (CCR) 101216(g)(1). Staff records reviewed also revealed five out of eleven staff records were missing the AB 1207 Mandated Reporter Training certificate as required by H&SC 1596.8662(b)(1). Furthermore, the facility did not comply with reporting requirements because CD did not submit her verification of Director’s qualification to the Department within 10 days, as required by CCR 101212(b)(1)(A).
Based on interviews and staff records reviewed, there is enough corroborating evidence to show that the facility did not comply with CCR and H&SC. The following violation(s) of the California Code of Regulations, Title 22; Division 12, were observed: see LIC 809D. Notice of Site Visit shall be posted for 30 days. Appeal Rights were provided. (Continue to LIC 809-C) |
Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type A
07/16/2021
Section Cited
CCR
101229(a)
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7 | The licensee shall provide care and supervision as necessary to meet the children's needs.
This requirement is not met as evidenced by: Based on statements provided by adults and staff which reported a lack of supervision at the facility. | 1
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7 | CD stated she has positioned two teachers per class and now staff utilized walkie talkie to ensure that adequate staff was maintained to ensure supervision of the children and to meet the children's needs. Director stated she would submit the staff schedule and staff CRS for the next three weeks, and produce a detailed plan of how the facility intends to comply with CCR 101229(a). |
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14 | This poses an immediate health and safety risk to the children in care. | 8
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14 | The written plan will be submit her plan to the Department by 07/16/21.
email: melchisedeck.augustin@dss.ca.gov
public email: cclrpregionalofficegeneral@dss.ca.gov
Fax: 707-588-5099 |
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Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type B
07/29/2021
Section Cited
HSC
1596.7995(a)(1)
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7 | Commencing September 1, 2016, a person shall not be employed or volunteer at a day care center if he or she has not been immunized against influenza, pertussis, and measles. Each employee and volunteer shall receive an influenza vaccination between August 1 and December 1 of each year. | 1
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7 | The Director stated she would sbumit proof of staff required immunization as LPA discussed with the Director. Director stated she intends to submit the POC to the Department by 07/29/21 via mail, email or fax. |
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14 | This requirement is not met as evidenced by: Based on eleven staff records reviewed which showed that ten staff did not comply with immunization requirements as required by Health and Safety Code (H&SC) 1596.7995(a)(1). This poses a potential health and safety risk to the children in care. | 8
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14 | email: melchisedeck.augustin@dss.ca.gov
public email: cclrpregionalofficegeneral@dss.ca.gov
Fax: 707-588-5099 |
Type B
08/29/2021
Section Cited
HSC1596.8662(b)(1)
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7 | On or before March 30, 2018, a person who, on January 1, 2018, is a licensed child care provider, administrator, or employee of a licensed child day care facility shall complete the mandated reporter training provided pursuant to paragraphs (2) and (3) of subdivision (a), and shall complete renewal mandated reporter training every two years following the date on which he or she | 1
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7 | Director stated she would ensure that the five staff would complete the AB 1207 Mandated Reporter Training at mandatedreporterca.com, and the Director would submit current and valid staff certificates to the Department by 08/29/21 via mail, email or fax. |
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14 | completed the initial mandated reporter training.
This requirement is not met as evidenced by: Based on staff records reviewed which revealed five out of eleven staff records were missing the AB 1207 Mandated Reporter Training certificate as required by H&SC 1596.8662(b)(1). | 8
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14 | email: melchisedeck.augustin@dss.ca.gov
public email: cclrpregionalofficegeneral@dss.ca.gov
Fax: 707-588-5099 |
Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type B
07/29/2021
Section Cited
CCR
101216(g)(1).
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7 | Except as specified in (3) below, good physical health shall be verified by a health screening, including a test for tuberculosis, performed by or under the supervision of a physician not more than one year prior to or seven days after employment or licensure.
This requirement is not met as evidenced by: | 1
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7 | The Director stated she would submit proof of negative TB clearanace for the two staff, and the Director would submit her POC to the Department by 07/29/21 via mail, email or fax. |
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14 | based on staff records reviewed which reveald that two staff did not have proof of negative TB as mandated by California Code of Regulations (CCR) 101216(g)(1). This poses a potential health and safety risk to the children in care. | 8
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14 | email: melchisedeck.augustin@dss.ca.gov
public email: cclrpregionalofficegeneral@dss.ca.gov
Fax: 707-588-5099 |
Type B
07/29/2021
Section Cited
CCR101212(b)(1)(A)
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7 | Whenever a change in child care center director is reported, in addition to his/her name, the report shall include the following: Verification of the completion of the course work required in Section 101215.1(h). A photocopy of a college transcript, or a photocopy of a | 1
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7 | The Director submitted her verification of Director's qualification to the Department on 04/19/21, clearning this deficiency. In addition, the Director intends to submit a written statement to inform the Department of how to will comply with CCR101212(b)(1)(A) by 07/29/21. |
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14 | Child Development Site Supervisor Permit or a Child Development program Director Permit, shall meet this requirement.
This requirement is not met as evidenced by: based on CD not submitting her verification of Director’s qualification to the Department within 10 days, as required by CCR 101212(b)(1)(A). This posed a potential health and safety risk to the children in care. | 8
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14 | email: melchisedeck.augustin@dss.ca.gov
public email: cclrpregionalofficegeneral@dss.ca.gov
Fax: 707-588-5099 |