Title 22 Regulation 101219 (f) for Admission Agreements requires the licensee to comply with all terms and conditions set forth in the admission agreement. This requirement was not met as evidenced by: The course of the investigation revealed that the facility posted pictures of the subject child on social media channels, when they did not have written consent, according to the signed admission agreement. The facility stated that they did recieve a verbal request for photos on the TLE app.
The facility failed to comply with Title 22, Section 101212(d)(1)(C) reporting requirements. As evidenced by the facility failing to notify the Department of an unusual incident until approximately.. two days after the occurrence, due to the subject teacher not notifying facility administration after leaving the facility early.
Health-Related Services (e) In centers where the licensee chooses to handle medications: (1) All prescription and nonprescription medications shall be centrally stored in accordance with the requirements specified below: (B) Each container shall have an unaltered label. This requirement is not met as evidenced by: Based on LPA observation and record review, the licensee did not comply with the section cited above in which poses a potential health and safety risk to persons in care. LPAs observed a medication that was stored for a child that did not have a prescription label.
Correction status
Plan of correction due by April 4, 2024
More details
Official CA class
Type B deficiency
Report section
CCR 101226(e)(1)(B) - 101226(e)(1)(B)
Official code
101226(e)(1)(B)
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 count out of 2 staff members which poses a potential health and safety risk to persons in care. Staff member S5 did not have documentation of MMR and Tdap on file. S8 did not have documentation of MMR on file.
Correction status
Plan of correction due by April 4, 2024
More details
Official CA class
Type B deficiency
Report section
HSC 1596.7995(a)(1) - 1596.7995(a)(1)
Official code
1596.7995(a)(1)
Higher concern: Supervision
Report finding
Personnel Requirements (1) 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: Based on record review, the licensee did not comply with the section cited above in count of 1 staff member (S5) which poses a potential health and safety to persons in care. S5 did not have documentation of a completed LIC 503 on file.
Correction status
Plan of correction due by April 4, 2024
More details
Official CA class
Type B deficiency
Report section
CCR 101216(g)(1) - 101216(g)(1)
Official code
101216(g)(1)
Low concern: Recordkeeping
Report finding
Personnel Records (a) The licensee shall ensure that personnel records are maintained on the licensee, administrator and each employee. Each personnel record shall contain the following information: (12) Tuberculosis test documents as specified in Section 101216(g). This requirement is not met as evidenced by: Based on record review, the licensee did not comply with the section cited above in count of 2 staff members (S3 and S5) which poses a potential health and safety to persons in care. S3 and S5 did not have documentation of a completed TB test on file.
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 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: On or about 01/10/23 and 03/01/23, subject staff admitted to “accidentally” pinching children in care during redirection. Multiple children disclosed being pinched by the ....
Criminal Record Clearance. (e) All individuals subject to a criminal record review...shall prior to working, residing or volunteering in a licensed facility: (2) Request a transfer of a criminal record clearance as specified in Section 101170(f)... This requirement was not met as evidenced by: Based on review of records, it was found that a staff member was supervising children in care with no criminal record fingerprint association to the facility. Staff has an active-working fingerprint clearance, however facility failed to submit a Criminal Background Clearance Transfer Request (LIC9182) to the department. This poses a potential health, safety, and personal rights risk to children in care.
The licensee shall provide care and supervision as necessary to meet the children's needs. 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: On 05/02/22 a child was bitten. Although a report was on file, the investigation revealed the biting incident was not visually observed by staff. On 05/10/22 during a tour of Twaddler A's classroom. During census, LPAs noted that one child was hiding behind the diaper changing station unknown to staff. This poses an immediate Health and Safety Risk to children in care.
Criminal Record Clearance. (e) All individuals subject to a criminal record review...shall prior to working, residing or volunteering in a licensed facility: (2) Request a transfer of a criminal record clearance as specified in Section 101170(f) This requirement is not met as evidenced by: Based on records review, the licensee did not comply with the section cited above. S#1-S#4 have an active fingerprint clearance, however the Licensee/Director did not submit a request to transfer and associate S#1-S#4 to facility license. This poses an immediate health, safety and personal rights risk to children in care. A Civil Penalty has been assessed.
A licensed child day care facility shall provide to the parents or guardians of each child receiving services in the facility copies of any licensing report that documents any Type A citation that represents an immediate risk to the health, safety, or personal rights of children in care...This requirement is not met as evidenced by: Based on LPA’s observation and record review the licensee did not comply with the section cited above.Multiple children's files were missing LIC9224, Receipt of Licensing reports for a Type A citations the facility received on 06/29/2021 and 09/29/2021. This poses a potential health, safety or personal rights risk to persons in care.
Criminal Record Clearance (e) 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: (1) Obtain a California clearance or a criminal record exemption as required by the Department or This requirement is not met as evidenced by: Based on LPA's observation and record review, the licensee did not comply with the section cited above. Staff #7 did not have proper fingerprint clearance which poses an immediate health, safety or personal rights risk to persons in care. Civil Penalty LIC 421BG will be issued today
Correction status
Plan of correction due by September 30, 2021
More details
Official CA class
Type A deficiency
Report section
CCR 101170(e)(1) - 101170(e)(1)
Official code
101170(e)(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 on LPA’s observation and record review the licensee did not comply with the section cited above. Multiple staff files were missing proof of immunizations which poses a potential health, safety or personal rights risk to persons in care.
Correction status
Plan of correction due by October 13, 2021
More details
Official CA class
Type B deficiency
Report section
HSC 1596.7995(a)(1) - 1596.7995(a)(1)
Official code
1596.7995(a)(1)
Medium concern: Staff training
Report finding
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 LPA’s observation and record review the licensee did not comply with the section cited above. Multiple staff files were missing Mandated Reporter Certification which poses a potential health, safety or personal rights risk to persons in care.
Correction status
Plan of correction due by October 13, 2021
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)
Higher concern: Supervision
Report finding
Personnel Requirements (1) 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: Based on LPA’s observation and record review the licensee did not comply with the section cited above. Multiple staff files were missing completed LIC503, Health Screening which poses a potential health, safety or personal rights risk to persons in care.
Correction status
Plan of correction due by October 13, 2021
More details
Official CA class
Type B deficiency
Report section
CCR 101216(g)(1) - 101216(g)(1)
Official code
101216(g)(1)
Medium concern: Staff training
Report finding
Teacher Qualifications and Duties (b) Prior to employment, a teacher shall meet the requirements of (b)(1) or (b)(2) below: (1) A teacher shall have completed, with passing grades, at least six postsecondary semester or equivalent quarter units of the education requirement specified in (c)(1) below; or shall have obtained a Child Development Assistant Permit issued by the California Commission on Teacher Credentialing. This requirement is not met as evidenced by: Based on LPA’s observation and record review the licensee did not comply with the section cited above. Multiple staff files had missing transcripts or proof of education which poses a potential health, safety or personal rights risk to persons in care.
Correction status
Plan of correction due by October 13, 2021
More details
Official CA class
Type B deficiency
Report section
CCR 101216.1(b)(1) - 101216.1(b)(1)
Official code
101216.1(b)(1)
Medium concern: Parent rights
Report finding
A licensed child day care facility shall provide to the parents or guardians of each child receiving services in the facility copies of any licensing report that documents any Type A citation that represents an immediate risk to the health, safety, or personal rights of children in care...This requirement is not met as evidenced by: Based on LPA’s observation and record review the licensee did not comply with the section cited above.Multiple children's files were missing LIC9224, Receipt of Licensing reports for a Type A citation the facility received on 06/29/2021. This poses a potential health, safety or personal rights risk to persons in care.