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32 | During the course of the investigation from 05/10/23 through 07/11/23, LPA Augustin conducted interviews with LS, staff (S1) and three children (C1-C3). One witness provided additional information and further interviews were conducted with three other adults (A1-A3). LS did not deny saying shut up to daycare children but also could not recall if or when she said it. LS did state that there was an increase in noise with the children lately, including one child with challenging behavior, which causes her to raise her voice and shout out to be quiet or “shush”. LS also has heard staff (S1) shout at the children. According to S1, when kids scream and are told not to use certain words, staff voices might get a little up and the building does echo so it could be louder than what is being said, but there are no rude words being used.
According to adult interviews (A1-A3) and the information provided, on multiple occasions, staff member(s) were heard yelling loudly and sternly to sit down and be quiet to children who were crying. A1 further stated that the staff member described as LS was heard screaming at the children to shut up, stop running, and stop moving and that recently, the screaming had been awful and nonstop for approximately 20 minutes until a parent entered the room. Statements from A2 and A3 further corroborated staff screaming at children while telling children what to do and yelling over the children who were also screaming. Statements also acknowledged the challenges staff were having with some children who didn’t listen or cursed at staff, and that staff seemed tired or just lost it. According to children’s statements (C1, C3) the teachers scream and yell at children when they’re bad and it makes them cry or sad.
Based on the investigation and information obtained, the preponderance of evidence standard has been met and therefore, the allegations are found to be substantiated. Citations are being issued for personal rights violations in accordance with the California Code of Regulations (CCR) 101223(a)(3) and 101223(a)(1), see attached LIC9099D. Citation for 101223(a)(3) is a repeat citation within a 12 month period resulting in a civil penalty of $250. An exit interview was conducted, and plan of correction reviewed with the Licensee. Appeal rights were provided. A notice of site visit was given and must remain posted for 30 days. |
Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type B
08/02/2023
Section Cited
CCR
101223(a)(3) | 1
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7 | The licensee shall ensure that each child is accorded the following personal rights: 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… | 1
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7 | Licensee agrees to review provided resources and obtain personal rights training from an outside agency for all staff. Licensee also agrees to accept referral to CCL’s Technical Support Program (TSP) to focus on personal rights. |
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14 | This requirement is not met as evidenced by: based on interviews and information provided that confirmed staff have been heard yelling at children to sit down and shut up which poses a potential health, safety and/or personal rights risk to the children in care. A civil penalty of $250 is being issued for repeat violation in a 12 month period. | 8
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14 | LPA provided a four page article from "ChallangeingBehavior.org" and one page article"Creating Teaching Tools for Young Children with Challenging Behavior"
Licensee will email, mail or Fax certificate of completion of addtional training. |
Type B
08/02/2023
Section Cited
CCR
101223(a)(1) | 1
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7 | The licensee shall ensure that each child is accorded the following personal rights: to be accorded dignity in his/her personal relationships with staff and other persons. | 1
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7 | Licensee agrees to review provided resources and obtain personal rights training from an outside agency for all staff. Licensee also agrees to accept referral to CCL’s Technical Support Program (TSP) to focus on personal rights. |
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14 | This requirement is not met as evidenced by: based on interviews and information provided that confirmed staff scream and yell at children to sit down and shut up which makes the children sad and cry. This poses a potential health, safety and/or personal rights risk to the children in care. | 8
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14 | LPA provided a four page article from "ChallangeingBehavior.org" and one page article"Creating Teaching Tools for Young Children with Challenging Behavior" Licensee will email, mail or Fax certificate of completion of addtional training. |