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Building Kidz of Dublin is facing citations from the state over alleged insufficient staffing and inadequate supervision on the day that a 2-year-old was found unresponsive after nap time and later died.
While the California Department of Social Services report doesn’t directly connect the alleged insufficient staffing on April 15 to Matthew Bonneau Jr.’s death, the agency’s investigation that led to the citations stemmed from allegations made against Building Kidz the very next day. Additionally, the report specifies a lack of sufficient supervision during nap time on the day of the tragic incident.
The CDSS findings – obtained by the Pleasanton Weekly days after news of the boy’s family suing the day care over his death – were based on interviews, record reviews, physician’s interviews, video surveillance analysis and staff interviews, according to the agency.
The day care facility, located at 6351 Dublin Blvd., has appealed both citations related to staffing as well as a third citation wherein the CDSS discovered an alleged discrepancy in the record of an unnamed child.
The CDSS report states there was one staff member in a classroom with 14 children during nap time April 15. Of the 14 children, 12 kids were napping and two were awake. Two other teachers were on lunch break.
At the time of the “incident” the assigned staff member was in the northeast corner of the room redirecting the awake children.
Video surveillance shows that the staff member was engaged in craft preparation and was not observed physically checking on the children, according to the report.
“At one point, the staff member hung children’s artwork on the classroom windows directly above C1’s cot but did not notice that C1 was experiencing a medical emergency,” the report states.
Since the staff member was busy hanging art supplies and supervising awake children, they were not able to properly supervise all of the children, including the child that experienced a medical emergency during nap time, the report states.
“The lack of visual supervision resulted in a delayed response to a medical emergency, which poses an immediate risk to the health, safety and personal rights of the children in care”, the CDSS report says. As an immediate risk, the CDSS issued a Type A citation to the facility.
The staffing at Building Kidz April 15 also did not comply with the required staff-to-child ratio of 1:12 and noncompliance lasted for a total of 26 minutes, according to the report, which resulted in a Type B citation.
“This staffing arrangement poses a potential risk to the health, safety and personal rights of the children in care,” the report states.
A spokesperson for Building Kidz defended the day care’s staffing levels that day to the Weekly.
The teacher was “directly supervising the children” and multiple times standing above the child who “appeared to be sleeping and did not observe any signs of distress,” the spokesperson said.
“At no point was the child or any other students left alone during the nap period,” they added, maintaining that the facility acted in compliance with California licensing regulations.
The spokesperson said the facility was in compliance with the regulation which states that “a teacher-child ratio of one teacher supervising 24 napping children is permitted provided that the remaining teachers necessary to meet the overall ratio specified in Section 101216.3(a) are immediately available at the center.”
However, the CDSS report indicates that the regulation was violated during nap time because two children were awake and active, which placed the teacher out of ratio.
The third citation relates to a “discrepancy in the documentation related to the Toddler Program Option maintained in Child C1’s file.”
The version of the form obtained during an investigation by the Investigations Bureau was different from the version provided to the police department, according to the report.
“This discrepancy raises concerns regarding whether the form was signed during the enrollment process or after the incident occurred,” the report states.
The 2-year-old boy who died after being found unresponsive April 15 was identified by his family as Bonneau Jr. They filed a legal complaint against Building Kidz Oct. 13.
Police deemed the incident non-criminal in nature, Capt. Miguel Campos previously confirmed to the Weekly.
However, the family’s civil lawsuit against the day care and related business entities alleged that the child died due to the facility’s negligence.
The CDSS determined that an allegation of “questionable death of daycare child in care” was unsubstantiated due to a lack of evidence to prove the allegation, a report from the agency states. The conclusion was reached upon a record review, Investigation Bureau investigation, interviews, video surveillance, medical records, law enforcement reports and autopsy findings wherein the toddler’s cause of death was deemed “probable complications of influenza B viral infection.”
“While the allegation may have occurred or is valid, there is no preponderance of evidence to prove the alleged violation”, according to the report.
It is not clear whether the CDSS has completed its investigation of Building Kidz of Dublin surrounding the death of the child, as the department has not yet responded to questions posed by the Weekly.
However, investigation by Dublin Police Services is closed with no charges pending, Campos said. “The investigation can be re-opened at any time if new evidence is presented,” he added.
