Action Day Nursery

101429(a)(1) · 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. Site Director states that she will submit a detailed written plan by 12/11/25 to ensure that children are supervised at all times. Site Director states that an All Staff training regarding personal rights and supervision was conducted on 11/19/25.

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

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101223(a)(3) · 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. Site Director states that she will submit a written plan by 12/11/25 to ensure that staff are following the proper feeding procedures that is in compliance with Title 22 Regulations. 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.

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101238(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. Site Director states that she will submit a written plan by 12/12/25 to ensure that the classrooms are safe for the daycare children at all times.

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

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101223(a)(3) · 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. Site Director states that an All Staff Training regarding personal rights and supervision was conducted. Site Director states that she will submit a written plan by 12/12/25.

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

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101439.1(e)(1) · 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.... Site Director states that she will submit a written plan by 10/31/25 detailing how staff will ensure that infant beddings are replaced daily or as needed and each time a child uses the crib that belongs to another child.

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

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101212(d)(1)(A) · &(f) 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. Site Director states that she will submit a written plan by 10/31/25 to ensure that two or more cases of communicable disease is reported to Licensing and parents are notified.

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

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101419.3(a) · Modifications to Infant Needs and Services Plan (a) The written infant needs and services plan shall be updated at least quarterly, or as often as necessary to assure its accuracy.

Deficient Practice Statement 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. POC Due Date: 05/29/2025

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101238(a)(1) · Buildings and Grounds. The licensee shall take measures to keep the center free of flies, other insects and rodents.

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 By POC due date, Site Director agreed to submit proof that pest control treatment had been completed and written plan detailing how staff will prevent insects/cockroaches from getting in to the classrooms.

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101212(d)(1) · &(2) 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. Site Director agreed to submit a written plan to CCL by 07/26/23 to ensure that any unusual incidents shall be reported to CCL within the next business day and followed by a written report within seven days.

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 SUPERVISOR'S NAME: Joel Segura

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101239(a)(1) · 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). Site Director states that she will submit a written plan by 02/27/23 detailing how the facility will maintain comfortable temperature in the classrooms at all times.

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.

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101227(18) · 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.

On 7/29/22, Licensee submitted a written plan to keep all areas of the facility clean and free of rodents including the food preparation and storage areas. Licensee provided proof of professional pest control services conducted at the facility. Deficiency has been cleared. 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.

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101238(a)(1) · 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.

Licensee will submit a written plan to keep the classrooms and facility grounds clean, sanitary and free of rodents. Licensee has set up mouse traps on the affected classroom and areas where mouse sightings were reported. Licensee will provide proof of professional pest control service to LPA by POC due date. 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.

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101416.5(b)(1)(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. Site Director and Administrative Staff state that they will submit a written plan to Licensing by 03/24/22 to ensure that staff-children ratio is maintained at the facility at all times.

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. Upon receipt, licensee shall post and provide copies of this licensing report to parents/guardians of children in care at the facility and to parents/guardians of children newly enrolled at the facility during the next 12 months.

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101419.3(a)(1)(2) · 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. Site Director states she will submit a written plan to ensure that Infant Needs and Services Plan shall be updated quarterly or as needed by 10/13/21.

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 SUPERVISOR'S NAME: Anthony Studebaker

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