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25 | During the course of a complaint investigation, Licensing Program Analyst (LPA), Melchisedeck Augustin made an unannounced Case Management (CM) visit and met with the Center Director (CD), Brenda Hardaway, to deliver a several citations for a deficiencies that were observed. LPA interview CD, one staff (S3) and two adults (A2 & A3) which confirmed that an adult (A1) without criminal record clearance worked and provided care and supervision to the children in the Discovery Preschool classroom for more than five days in the month of July 2023. Furthermore, CD submitted time sheet for A1 which corroborated A1 was previously employed at the facility and worked more than five days, and the facility with not comply with requirements of Criminal Record Clearance of California Code of Regulations (CCR) 101170(e)(1), and as such, an immediate $500 Civil Penalty was assessed because CD did not ensure A1 obtained a criminal record clearance prior to working at the facility. Additionally, Department records indicated A1 did not obtain an approved criminal record clearance.
LPA reviewed five staff (S1-S5) records at 1:54pm which revealed S1 through S5's records were either incomplete and/or did not contain one of the following item(s): required staff Immunization Record (IR), evidence of negative TB clearance, Health Screening (LIC 503), second page of Personnel Record (LIC 501) was not signed, and/or AB 1207 Mandated Reporter Training certificate.
Facility representative was reminded that all adults 18 and over, including employees and volunteers, except as specified in Health and Safety Code section 1596.871, must obtain a criminal record clearance or exemption, or transfer their existing clearance or exemption, prior to initial presence in a Child Care Center. A civil penalty of $100.00 minimum/day for a maximum of 5 days or, if the penalty is for a repeat violation, for a maximum of 30 days per person will be assessed if this regulation is violated. (Continue to LIC 809-C) |