Garden Community Preschool, the

CCR 101229(a)(1) · Type A

101229 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...Supervision shall include visual observation. This requirement has not been met as evidenced by: Based on interviews and record review, the licensee did not comply with the section cited above when C1 was severely injured due to S1 looking away while placing child on climbing dome which poses an immediate risk to the health, safety or personal rights of children in care.

CCR 101212(d)(1)(B) · Type B

101212 Reporting Requirements (d) Upon the occurrence, during the operation of the child care center...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. (1) Events reported shall include the following:(B) Any injury to any child that requires medical treatment. This requirement has not been met as evidenced by: Based on inteviews and record review, the licensee did not comply with the section cited above when facility failed to report incident within 24 hours which poses an potential risk to the health, safety or personal rights of children.

CCR 101238(a)(1) · Type B

101238 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 INTERVIEWS WITH THE DIRECTOR AND OWNER WHICH REVEALED MICE WERE RECENTLY SEEN INSIDE OF THE FACILITY.

CCR 101216.3(a) · Type B

101216.3 Teacher-Child Ratio (a) There shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance THIS REQUIREMENT WAS NOT MET AS EVIDENCED BY:Interviews and review of records which revealed on at least one occasion the facility was out of ratio by 2 children when there were 2 teachers and 26 children on the playground for less than 30 minutes

CCR 101229(a)(1) · Type A

101229 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 a review of records which revealed a child was able to wander into the director's office through the back door from the play yard without the supervising staff knowledge. The child was retrieved by a staff member in the office.

CCR 101238.2(e) · Type B

101238.2 Outdoor Activity Space (e) As a condition of licensure, the areas around and under high climbing equipment, swings, slides and other similar equipment shall be cushioned with material that absorbs falls. THIS REQUIREMENT WAS NOT MET AS EVIDENCED BY: A TOUR OF THE PLAY GROUND REVEALED THE CUSHIONING UNDER THE PLAY STRUCTURE IS CRACKED AND EXPOSING THE CEMENT/ROCK BENEATH WHICH MAY CAUSE A POTENTIAL TRIPPING HAZARD.

CCR 101239(n) · Type B

101239 Fixtures, Furniture, Equipment and Supplies (n) Furniture and equipment shall be maintained in good condition, free of sharp, loose or pointed parts. THIS REQUIREMENT WAS NOT MET AS EVIDENCED BY A TOUR OF THE PLAY YARD WHICH REVEALED THE STORAGE CABINET FOR ART SUPPLIES IS MISSING A DOOR AND THE OTHER DOORS APPEAR TO BE LOOSE, EXPOSING THE PAINTS AND OTHER MATERIALS. THE PLAY KITCHENS ETC. ARE COVERED IN DIRT/DEBRI AND NEED TO BE CLEANED.

HSC 1596.7995(a)(1) · Type B

(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 [(observation) (interview) (record review)], the licensee did not comply with the section cited above in [count] out of [total count] [(objects) (persons)] [identifiers] which poses/posed a potential health, safety or personal rights risk to persons in care. TODAY THERE ARE SEVERAL STAFF THAT DO NOT HAVE IMMUNIZATION RECORDS IN FILE OR ARE MISSING THE FLU VACCINE/DECLARATION OR PROOF OF MMR VACCINE

HSC 1596.8662(c) · Type B

(c) Current proof of completion for each licensed child day care provider or applicant for that license, administrator, and employee of a licensed child day care facility shall be submitted to the department upon inspection of the child day care or upon request by the department. This requirement is not met as evidenced by: Based on [(observation) (interview) (record review)], the licensee did not comply with the section cited above in [count] out of [total count] [(objects) (persons)] [identifiers] which poses/posed a potential health, safety or personal rights risk to persons in care. TODAY A REVIEW OF RECORDS SHOWS STAFF EITHER DO NOT HAVE THE MANDATED REPORTER CERTIFICATE IN FILE OR THE CERTIFICATE HAS EXPIRED.

CCR 101215.1(m) · Type B

(m) A child care center director shall complete 16 hours of health and safety training if necessary pursuant to Health and Safety Code Section 1596.866. This requirement is not met as evidenced by: Based on [(observation) (interview) (record review)], the licensee did not comply with the section cited above in [count] out of [total count] [(objects) (persons)] [identifiers] which poses/posed a potential health, safety or personal rights risk to persons in care. TODAY THE CENTER DIRECTOR IS UNABLE TO LOCATE HER HEALTH & SAFETY CERTIFICATE

CCR 101216(l)(1)(B) · Type B

(B) A copy of the signed LIC 9052 (11/94) shall be kept in the employee's personnel record. This requirement is not met as evidenced by: Based on [(observation) (interview) (record review)], the licensee did not comply with the section cited above in [count] out of [total count] [(objects) (persons)] [identifiers] which poses/posed a potential health, safety or personal rights risk to persons in care. TODAY THERE IS ONE STAFF MEMBER THAT DOES NOT HAVE THE SIGNED EMPLOYEE RIGHTS RECEIPT IN FILE.

CCR 101218.1(b)(1) · Type B

101218.1 Admission Procedures and Parental and Authorized Representative's Rights (b) At the time of acceptance of each child in care, the licensee shall inform each child's parent or authorized representative of his/her rights that include, but are not limited to, the following: (1) To enter and inspect the child care center in accordance with Health and Safety Code Section 1596.857.: REQUIREMENT WAS NOT MET AS EVIDENCED BY INTERVIEWS WHICH REVEALED DURING THE COVID PANDEMIC PARENTS WERE NOT ALLOWED INTO THE BUILDING FOR HEALTH REASONS.

CCR 101223(a)(3) · Type B

101223 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 EVIDENCE WAS NOT MET AS EVIDENCED BY: STAFF MEMBERS ENGAGED IN A VERBAL ALTERCATION IN THE PRESENCE OF DAY CARE CHILDREN

ALLEGATION(S): Staff members engaged in verbal altercation in the presence of daycare children. INVESTIGATION FINDINGS: On 07/20/22, Licensing Program Analysts (LPAs) M.G. and M.D. met with Director, M.C. for an unannounced complaint investigation and to deliver the findings to the above complaint allegation. Present for the visit are Director, 6 staff, children. Staff interviews were conducted during today's visit. Based on LPA's interviews with staff, it was indicated that staff members engaged in verbal altercation in the presence of daycare children. The preponderance of evidence standard has been met, therefore the above allegation is found to be substantiated. California Code of Regulations, 101223 has already been cited on the complaint date 06/07/22. The attached type B deficiency on complaint dated 06/07/22 is being cited today and must be corrected by the due date. Notice of site visit was posted at the time of the inspection and must be posted for 30 days. Exit interview conducted and appeal rights were provided and discussed with Director, M.C. Substantiated Estimated Days of Completion:

CCR 101223(a)(1) · Type B

101223(a)(1):(a)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 staff interviews that indicated that there have been instances where staff has argued in front of the children in care. This poses a potential health and safety risk to children in care.

CCR 101216(g)(2) · Type B

(2) Each person specified in (g) above shall have a health-screening report signed by the person performing the screening. This report shall indicate the following: This requirement is not met as evidenced by: Based on record review, the licensee did not comply with the section cited above in 2 staff files which poses/posed a potential health, safety or personal rights risk to persons in care.

CCR 101220(a) · Type B

(a) Prior to, or within 30 calendar days following the enrollment of a child, the licensee shall obtain a written medical assessment of the child. This medical assessment enables the licensee to assess whether the center can provide necessary health-related services to the child. This requirement is not met as evidenced by: Based on record review, the licensee did not comply with the section cited above in 3 child files which poses/posed a potential health, safety or personal rights risk to persons in care.

ALLEGATION(S): Staff are not supervising daycare children in the bathroom. INVESTIGATION FINDINGS: On 3/23/2022 at 8:01 AM Licensing Program Analyst (LPA) L.C. arrived at facility to conduct an unannounced complaint investigation. At 8:15 AM LPA C. met with Lead Teacher M.T. LPA identified self-displaying State issued Identification card and advised Lead Teacher purpose of today’s inspection. Soon after Owner/Director, M.C. arrived. LPA identified self-displaying State issued Identification card and advised Owner/Director purpose of today’s inspection. LPA conducted tour of areas utilized for childcare services inside and out. Census was taken. LPA observed 37 preschool-age children in care and 8 staff members including OwnerDirector. Unsubstantiated Estimated Days of Completion: