Action Day Nursery

CCR 101223(a)(2) · Type B

Personal Rights - (a)The licensee shall ensure that each child is accorded the following personal rights: (2) To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs. This requirement was not met as evidenced by: A child's diaper was not changed in a timely manner. Additionally, another child was picked up in soiled or dirty diaper. This poses a potential risk to the health, safety, and personal rights to children in care.

ALLEGATION(S): Staff did not provide adequate supervision resulting in child sustaining bite while in care. INVESTIGATION FINDINGS: Licensing Program Analyst (LPA) M.M. made an unannounced follow up complaint inspection and to deliver investigation findings. LPA met with Regional Director, B.S. LPA toured the facility with Regional Director and census was taken. During the course of the investigation, LPA conducted observations, interviewed staff and parents, reviewed records, and obtained relevant documents. Based on the information gathered and supporting evidence, there have been no observation of children being left without staff supervision. Staff are positioned in various indoor and outdoor areas to ensure children are adequately supervised. Staff intervene promptly when conflicts arise between children, and parents are informed of any incidents involving their children. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is UNSUBSTANTIATED. Continuation on next page: Unsubstantiated Estimated Days of Completion:

CCR 101429(a)(1) · Type A

Responsibility for Providing Care and Supervision for Infants - (a) In addition to Section 101229, the following shall apply: (1) Each infant shall be constantly supervised and under direct visual observation and supervision by a staff person at all times. This requirement was not met as evidenced by: Staff (S1) was observed leaving infants in Room 2 unsupervised. This poses an immediate risk to the health, safety, and personal rights to persons in care.

CCR 101223(a)(3) · Type A

Personal Rights (a) The licensee shall ensure that each child is accorded the following personal rights:....(3) 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 been met as evidenced by: Staff (S1) was witnessed force feeding infants. This poses an immediate risk to the health, safety, and personal rights to persons in care.

CCR 101238(a) · Type B

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 was not met as evidenced by: Staff (S1) removed Halloween decorations on the wall leaving staples on the floor accessible to infants. This poses a potential risk to the health, safety, and personal rights to persons in care.

CCR 101223(a)(3) · Type B

Personal Rights: (3) 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: Staff (S1) was witnessed yelling at coworkers in front of daycare children. This poses a potential risk to the health, safety, and personal rights to persons in care.

CCR 101439.1(e)(1) · Type B

Infant Care Center Sleeping Equipment - (e) Each infant's bedding shall be used for him/her only. Such bedding shall be replaced when wet or soiled, or when the crib, mat or cot is to be occupied by another infant. (1) Bedding shall be changed daily, or more often if required.... This requirement was not met as evidenced by: Staff did not prevent the spread of Hand, Foot, and Mouth disease by not changing the beddings daily and not replacing the beddings when a child uses the crib that belongs to another child. This poses a potential risk to the health, safety, and personal rights to children in care.

CCR 101212(d)(1)(A)&(f) · Type B

Reporting Requirements - (d)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...(1) Events reported shall include the following:....(E) Epidemic outbreaks. (f) The items specified in (d)(1)(A) through (H) above shall also be reported to the child's authorized representative. This requirement was not met as evidenced by: The facility failed to notify the Department and parents regarding two or more cases of Hand, Foot, and Mouth disease. This poses a potential risk to the health, safety, and personal rights to children in care.

CCR 101419.3(a) · Type B

(a) The written infant needs and services plan shall be updated at least quarterly, or as often as necessary to assure its accuracy. This requirement is not met as evidenced by: Based on record review, the facility did not comply with the section cited above. LPAs observed that most of the children in care are missing up to date Infant Needs and Services Plan which poses/posed a potential health, safety or personal rights risk to persons in care.

ALLEGATION(S): Staff did not ensure a comfortable temperature, which resulted in child developing a heat rash INVESTIGATION FINDINGS: Licensing Program Analyst (LPA) M.M. met with B.S., Site Director, for a complaint inspection. Based on interviews, observation, and evidence gathered during the investigation process, it is concluded that although the allegation noted on this complaint may have happened or is valid, there is not a preponderance of evidence to prove that the alleged violation did or did not occur. The allegation is thus UNSUBSTANTIATED. Exit interview conducted and report was reviewed with the Site Director, B.S. There were no deficiencies issued. A Notice of Site Visit was given and must remain posted for 30 days. Unsubstantiated Estimated Days of Completion:

CCR 101238(a)(1) · Type B

Buildings and Grounds. The licensee shall take measures to keep the center free of flies, other insects and rodents. This requirement is not met as evidenced by: Cockroaches have been observed in the classrooms and outdoor. This poses a potential risk to the health, safety, and personal rights of children in care.

CCR 101212(d)(1)&(2) · Type B

Reporting Requirements - Upon the occurrence, during the operation of the child care center of any of the events specified in (d)(1), 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) shall be submitted to the Department within seven days following the occurrence of such event. This requirement was not met as evidenced by: The facility failed to report an injury to Community Care Licensing (CCL). This poses a potential risk to the health, safety, and personal rights of children in care.

ALLEGATION(S): Infant sustained fracture while in care. INVESTIGATION FINDINGS: Licensing Program Analyst (LPA) M.M. conducted an unannounced complaint inspection to deliver investigation findings. LPA met with Site Director, B.S. The investigation of the above allegation was conducted by Community Care Licensing Division (CCLD) Investigator, V.M. Based on interviews conducted, doctor's report, and evidence gathered during the investigation process, although the infant sustained a fracture, there is no preponderance of evidence that the injury did or did not occur at the daycare or the injury was caused by staff or due to lack of supervision. The allegation is thus UNSUBSTANTIATED. Unsubstantiated Estimated Days of Completion:

CCR 101239(a)(1) · Type B

Fixtures, Furniture, Equipment and Supplies - A comfortable temperature for children shall be maintained at all times.(1) The licensee shall maintain the temperature in rooms that children occupy between a minimum of 68 degrees F (20 degrees C) and a maximum of 85 degrees F (30 degrees C). This requirement was not met as evidenced by: LPA learned from interviews that the temperature in all of the infant classrooms was not comfortable for staff and children during the power outage that occurred on 02/21/23 to 02/22/23.

CCR 101238(a)(1) · Type A

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. (1) The licensee shall take measures to keep the center free of flies, other insects, and rodents. This requirement was not met as evidenced by: Based on observation and interviews, licensee did not comply with this section. LPA observed presence of rodent droppings in infant Room 6 which poses an immediate health, safety or personal rights risk to persons in care.

ALLEGATION(S): Child's personal rights were violated INVESTIGATION FINDINGS: Licensing Program Analysts (LPA) J.C. conducted an unannounced follow up complaint investigation and met with B.S., Infant Center Director. Purpose of today's follow up complaint investigation: deliver investigation findings. The investigation of the complaint allegation listed in this complaint was conducted by LPA J.C. Based on evidence gathered, including record/document reviews, and interviews completed for the complaint investigation, it is concluded that although the allegation noted on this complaint may have happened or are valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur. The allegation is thus UNSUBSTANTIATED. A NOTICE OF SITE VISIT WAS ISSUED AND MUST REMAIN POSTED FOR 30 DAYS. Unsubstantiated Estimated Days of Completion:

CCR 101227(18) · Type B

101227 Food Services (18) All kitchen, food-preparation and storage areas shall be kept clean and free of litter and rubbish; and measures shall be taken to keep all such areas free of rodents and other vermin. This requirement was not met as evidenced by: Based on observation, interviews, and record reviews, Licensee did not comply with the section cited above. During investigation, it was discovered that there were presence of rodents by the kitchen area (fridge) and cubbies/storage for children’s snacks which posed a potential health, safety or personal rights risk to persons in care.

CCR 101416.5(b)(1)(A) · Type A

Staff-Infant Ratio - There shall be a ratio of one teacher for every four infants in attendance.(1) An aide may be substituted for a teacher when all of the following conditions are met: (A) There is a fully qualified teacher directly supervising no more than 12 infants. This requirement is not met as evidenced by: LPA learned from interviews that the facility was out of ratio with 2 staff and 9-10 infants or 3 staff and 13 infants present in the classroom. This poses an immediate risk to the health, safety and personal rights of children in care.

HSC 1596.8662(b)(1) · Type B

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 completed the initial mandated reporter training. This requirement is not met as evidenced by: Per records review, Staff #3, #5, #7, #10, #12, #13, and #15 have expired Mandated Reporter Training (AB 1207). This poses a potential risk to the health and safety of children in care.

CCR 101419.3(a)(1)(2) · Type B

Modification to Infant Needs and Services Plan - The written infant needs and services plan shall be updated at least quarterly, or as often as necessary to assure its accuracy. (1) The director, the assistant director or a teacher shall update the plan with the assistance of the infant's authorized representative. (2) The authorized representative shall sign the plan to verify that he/she has participated in updating it. This requirement is not met as evidenced by: LPA observed that the Infant Needs and Services Plan for four infants were not updated quarterly. This poses a potential risk to the health and safety to children in care.