101161 Limitations on Capacity (a) A licensee shall not operate a child care center beyond the conditions and limitations specified on the license... This requirement was not met as evidenced by: Based on interview, the licensee did not comply with the section cited above as staff stated that the children have been comingled without a waiver, which poses/posed a potential health, safety or personal rights risk to persons in care.
Inspector notes
Based on interview, the licensee did not comply with the section cited above as staff stated that the children have been comingled without a waiver, which poses/posed a potential health, safety or personal rights risk to persons in care.
Administration of Child Day Care Licensing (1) On or before March 30, 2018, a person who, on January 1, 2018, is a licensed child day 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 completed the initial mandated reporter training. This requirement is not met as evidenced by: Based on record review, the licensee did not comply with the section cited above in the majority of staff do not possess a current mandated reporter certificate, which poses a potential health, safety or personal rights risk to persons in care.
Correction status
Plan of correction due by April 19, 2024
More details
Official CA class
Type B deficiency
Report section
HSC 1596.8662(b)(1) - 1596.8662(b)(1)
Official code
1596.8662(b)(1)
Medium concern: Health or food records
Report finding
General Provisions and Definitions (1) 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. This requirement is not met as evidenced by: Based onr ecord review, the licensee did not comply with the section cited above in the majority of staff no possessing current immunizaton's, which poses a potential health, safety or personal rights risk to persons in care.
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 This requirement was not met as evidenced by; LPA found through interviews, that a child was hurt, when dropped onto their bottom, when being put in a seated position.
Correction status
Plan of correction due by September 1, 2023
More details
Official CA class
Type A deficiency
Report section
CCR 101223(a)(3) - 101223(a)(3)
Official code
101223(a)(3)
Higher concern: Supervision
Report finding
The licensee shall provide care and supervision as necessary to meet the children's needs. The licensee shall provide care and supervision as necessary to meet the children's needs. This requirement was not evidenced by: LPA found through interviews of staff that a child was left unattended while on the changing table. Teacher #1, admitted to leaving a child unattended.
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. This requirement was not met as evidenced by; LPA finding through interviews that teacher #1, pulled children by the wrists when asking them to do what was requested and would speak to children in a very harsh tone.
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 was not evidenced by: LPA found through the admission of staff a child was left unsupervised for a prolonged amount of time, in a classroom, sleeping, while staff and children were outside during recess.
Correction status
Plan of correction due by August 8, 2023
More details
Official CA class
Type A deficiency
Report section
CCR 101229(a)(1) - 101229(a)(1)
Official code
101229(a)(1)
Higher concern: Supervision
Report finding
Upon the occurrence, during the operation of the child care center of any of the events specified in (d)(1) below, a report shall be made to the Department by telephone or fax within the Department's next working day and during its normal business hours. In addition, a written report containing the information specified in (d)(2), Any unusual incident or child absence that threatens the physical or emotional health or safety of any child to the Department within seven days following the occurrence of such event. This was not evidenced by: Licensing was not made aware of an absence of supervision involving a child.
California Lead Action Level at Child Care Centers (b) Testing results with ... (1) A ... values of 5.5 ppb or greater shall be deemed an Action Level Exceedance. This requirement is not met as evidenced by: Based on record review, one water outlet tested exceeded the allowed 5.5 ppb, which poses/posed a potential health, safety or personal rights risk to persons in care.
All individuals subject to a criminal record review pursuant to Health and Safety Code Section 1596.871 shall prior to working, residing or volunteering in a licensed facility: Request and be approved for a transfer of a criminal record exemption, as specified in Section 101170.1(r), unless, upon request for a transfer, the Department permits the individual to be employed, reside or be present at the facility. This was not evidenced by LPAs confirming no transfer exemption was provided/approved for a specific teacher
101216.3(b)(1) Teacher-Child Ratio: (b) The licensee may use teacher aides in a teacher-child ratio of one teacher and one aide for every 15 children in attendance. This requirement was not met as evidenced by 1 fully qualified staff and 6 aides supervising 45 children which poses an immediate health and safety risk to children in care.
Report comments
which poses an immediate health and safety risk to children in care.
Teacher qualifications and duties 101216.1(c)(1)(A): To be a fully qualified teacher, a teacher shall have one of the following: Twelve post-secondary semester or equivalent quarter units in early childhood education or child development completed, with passing grades, at an accredited or approved college or university; shall include general areas of child growth and development, or human growth and development; child, family and community, or child and family; and program/curriculum. This requirement was not met as evidenced by some missing transcripts & some missing 12 units with core classess which posses an immediate health & safety risk to children in care.
Teacher-Child Ratio (b) The licensee may use teacher aides in a teacher-child ratio of one teacher and one aide for every 15 children in attendance. (1) A ratio of one fully qualified teacher (as specified in Section 101216.1(c) and one aide for every 18 children in attendance in a preschool program is allowed when the aide meets the qualifications specified in Section 101216.2(d). This requirement is not met as evidenced by: Based on record review, the licensee did not comply with the section cited above in that 4 aides were supervising 23 preschool children which poses an immediate health, safety or personal rights risk to persons in care.
Correction status
Plan of correction due by March 15, 2023
More details
Official CA class
Type A deficiency
Report section
CCR 101216.3(b)(1) - 101216.3(b)(1)
Official code
101216.3(b)(1)
Medium concern: Facility condition
Report finding
Buildings and Grounds (a) The child care center shall be clean, safe, sanitary and in good repair at all times to ensure the safety and well-being of children, employees and visitors. This requirement is not met as evidenced by: Based on observation, the licensee did not comply with the section cited above in that 1 toilet was broken in the 3s classroom which poses/posed a potential health, safety or personal rights risk to persons in care.
Correction status
Plan of correction due by April 14, 2023
More details
Official CA class
Type B deficiency
Report section
CCR 101238(a) - 101238(a)
Official code
101238(a)
Medium concern: Health or food records
Report finding
General Provisions and Definitions (1) 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. This requirement is not met as evidenced by: Based on record review, the licensee did not comply with the section cited above in that multiple staff did not have proof of immunizations which poses/posed a potential health, safety or personal rights risk to persons in care.
Written Directives 100700.3(b): b) Testing results with fractional ppb readings of 0.5 ppb or greater shall be rounded up to the nearest whole number, before comparing to the Action Level. Testing results with fractional ppb readings of less than 0.5 ppb shall be rounded down to the nearest whole number, before comparing to the Action Level. This requirement was not met as evidenced by: 6 faucets that tested for lead over the approved amount of 0.5 ppb which is a potential risk to the health and safety of children.
Responsibility for Providing Care and Supervision: (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: LPA L. Habtom observed child (C1) in classroom 4 in the restroom alone and staff sitting at the table assisting other children.
Personal Rights: The licensee shall ensure that each child is accorded the following personal rights: (1) To be accorded dignity in his/her personal relationships with staff and other persons. This requirement was not met as evidenced by the unusual incident reported on 10/07/2021 by assistant director which stated that Staff #1 forcefully moved Child #1 against their will in a manner that was viewed by witnesses as inappropriate and aggressive. If not corrected, this poses an immediate risk to the health and safety of children in care.