Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type B
04/18/2025
Section Cited
CCR
101239(r) | 1
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7 | Fixtures, Furniture, Equipment and Supplies
(r) Fixtures, furniture, and equipment that have been banned or recalled by the United States Consumer Product Safety Commission shall not be used or on the facility’s premises. This requirement was not met as evidenced by:
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7 | This deficiency has been cleared. The licensee removed the two recalled swings from the premises during the LPA's initial visit.The licensee was also provided the US CPSC website during the initial investigation visit and instructed to check for other recalled childcare items. |
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14 | Based on an interview with the director/licensee, Leanne Nelmes and the LPA's own observations on 01/30/25 at 02:15pm in the infant care classroom, it was corroborated that the facility had two, Fisher-Price "Snuga Swings" in use at the center. The swings have been recalled by the US CPSC on 10/10/2024. This poses a potential health and safety risk to children in care. | 8
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14 | |
Type B
04/18/2025
Section Cited
CCR
101430(C) | 1
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6
7 | Infant Care Activities
(C) An infant shall not be swaddled while in care. This requirement was not met as evidenced by:
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7 | This deficiency has been cleared. The licensee removed the infant sleep sacks from the premises during the LPA's initial visit and informed all day care clients and staff by email that infant sleep sacks are prohibited from use in childcare facilities. |
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14 | Based on an interview with the director/licensee, Leanne Nelmes and the LPA's own observations on 01/30/25 at 02:30pm in the infant care classroom, it was corroborated that the facility was using sleep sacks for infants in care. This poses a potential health and safety risk to children in care. | 8
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14 | |
NARRATIVE |
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32 | The licensee acknowledged using sleep sacks for infants in care. To reduce the risk of Sudden Infant Death Syndrome (SIDS) and other sleep-related infant deaths, effective June 2023, licensed child care providers in California are prohibited from using infant sleep sacks or other similar forms of swaddling equipment. The licensee stated that she was unaware of this updated infant safe sleep directive and stated that she will discontinue the use of sleep sacks immediately. During the visit, the LPA observed the licensee instructing teachers in the infant classrooms to immediately cease the use of the sleep sacks and recalled swings. The licensee also informed the LPA on 01/30/25 that she sent an email to all childcare clients informing them of this update and requested that they no longer send sleep sacks with their child to the center.
During the investigation, the LPA was provided a tour of the infant rooms by the licensee on 01/30/25 and 04/15/25. The LPA inspected the infant equipment and fixtures in the nap and play areas of the infant rooms and did not observe any evidence of other violations of regulations or infant safe sleep violations. The licensee stated that she and her staff are familiar and following the Department’s infant safe sleep regulations regarding the sleeping environment, care and supervision, documentation, and placing infants up to 12 months of age on their backs to sleep.
Based on information obtained from interviews and the LPA’s own observations, the preponderance of evidence standard has been met; therefore, the above allegations are found to be substantiated. California Code of Regulations, Title 22, is being cited on the attached LIC 9099-D. Appeal rights were provided. An exit interview was conducted, and this report was read and discussed with the director/licensee, Leanne Nelmes. The Notice of Site Visit shall be posted for 30 days. |