|-Pertaining to the allegation that "Licensee is operating over capacity":|
Based upon licensee's own admission and on documentation provided, on 10/12/17, licensee had seventeen (17) children in care. Based upon the Child Care Facility Roster, licensee has nineteen (19) children enrolled, of which approximately five are drop-in. Based upon the "Enrollment Renewal Report (10/01/17-09/30/18)," there were twenty-one children enrolled from 10/01/17-10/13/17. The yellow sheet of the "Options for Learning-Food Program Visit Form" dated 10/12/17 documented that licensee had "more kids in care than permitted by license" (though an exact number was not written, and the amount of time for which licensee was overcapacity was not documented). Sign in/out sheets which the licensee keeps on her own will, were provided for the month of October 2017. Sign in/out sheets were not provided for four children and two of the children for whom they were provided did not have the time they were signed out documented. Based upon approximate times of arrival and departure for the four for whom sign in/out sheets were not provided and based upon approximate departure times for the two who were signed out but for whom sign out times were not documented, licensee was over capacity for approximately fifty (50) minutes on 10/12/17. Licensee surmised that she was over capacity for approximately forty (40) minutes.
The question of children who are over the age of ten (10) was brought up. Licensee had four children over the age of ten (10) who were present. However, based upon the "Policy and Procedures" Manual, if "the child cannot come and go as he/she pleases and the parents pay for and/or expect child care services," the child, regardless of age, counts in capacity.
During today's visit, LPA provided Licensee with a printout of Section 102416.5 "Staffing Ratio and Capacity."
Thus, based upon licensee's admission and documentation provided by licensee, the preponderance of evidence standard has been met. Therefore, the allegation that "Licensee is operating over capacity," has been found to be Substantiated. A finding of Substantiated means that the allegation has been found to be valid because the preponderance of the evidence standard has been met. California Code of Regulations, Title 22, Division 12, Chapter 1, Article 6 Continuing Requirements, Section 102416.5 "Staffing Ratio and Capacity," is being cited on the attached LIC 9099 D page. A Type A citation has been cited. A Type A citation means that the deficiency poses an immediate risk to the health and safety of the children involved.