010210079-8-23-2019-52-CC-DPEZ-BFFUFU-20190827153320

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 010210079
Report Date: 08/23/2019
Date Signed: 08/23/2019 01:43:40 PM

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612

This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/21/2019 and conducted by Evaluator Dayna Collier

PUBLIC

COMPLAINT CONTROL NUMBER: 52-CC-20190821113120

FACILITY NAME:	ELMHURST DAY CARE AND PRESCHOOL		FACILITY NUMBER:	010210079
ADMINISTRATOR:	ESCOTO, MARILYN		FACILITY TYPE:	850
ADDRESS:	380 ELMHURST STREET		TELEPHONE:	(510) 786-1289
CITY:	HAYWARD	STATE: CA	ZIP CODE:	94544
CAPACITY:	78	CENSUS: 61	DATE:	08/23/2019
		UNANNOUNCED	TIME BEGAN:	12:00 PM
MET WITH:	Marilyn Escoto		TIME COMPLETED:	01:45 PM

ALLEGATION(S):

1
2
3
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5
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7
8
9

PERSONAL RIGHTS: Staff caused injury to child

INVESTIGATION FINDINGS:

1
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3
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5
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7
8
9
10
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12
13

LPA Dayna Collier met with Center Director Marilyn Escoto for a complaint investigation regarding the above allegation. It was alleged that a child sustained a cut on his eyelid as a result of a staff member's help with a zipper on a jacket. During the course of the investigation, interviews were conducted. Per staff, an incident occurred when a child sustained an injury on his eyelid. Per staff, the child was asked to remove his jacket which had a short zipper near the neck. As the staff member attempted to assist the child with removing the jacket, the zipper of the jacket scratched the child. It was alleged that the injury occurred because the staff member was being rough with the child. The staff member denies pulling the jacket roughly but admits that the child was pulling the jacket in the opposite direction. Although staff stated that the injury was accidental, it cannot be determined whether or not the injury occurred because the staff member was assisting the child either out of frustration or kindness.
Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation(s) did or did not occur. Therefore, the allegation is unsubstantiated.
A SITE VISIT NOTICE WAS POSTED BY DIRECTOR.

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Diane Perez	TELEPHONE: (510) 622-2590
LICENSING EVALUATOR NAME: Dayna Collier	TELEPHONE: (510) 725-7021
LICENSING EVALUATOR SIGNATURE:	DATE: 08/23/2019

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/23/2019

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

Page: 1 of 3

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612

This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/21/2019 and conducted by Evaluator Dayna Collier

PUBLIC

COMPLAINT CONTROL NUMBER: 52-CC-20190821113120

FACILITY NAME:	ELMHURST DAY CARE AND PRESCHOOL		FACILITY NUMBER:	010210079
ADMINISTRATOR:	ESCOTO, MARILYN		FACILITY TYPE:	850
ADDRESS:	380 ELMHURST STREET		TELEPHONE:	(510) 786-1289
CITY:	HAYWARD	STATE: CA	ZIP CODE:	94544
CAPACITY:	78	CENSUS: 61	DATE:	08/23/2019
		UNANNOUNCED	TIME BEGAN:	12:00 PM
MET WITH:	Marilyn Escoto		TIME COMPLETED:	01:45 PM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

PERSONAL RIGHTS: Staff handled child in a rough manner

INVESTIGATION FINDINGS:

1
2
3
4
5
6
7
8
9
10
11
12
13

LPA Dayna Collier met with Center Director Marilyn Escoto for a complaint investigation regarding the above allegation. It was alleged that a staff handled the child in a rough manner. During the course of the investigation, interviews were conducted. Staff deny handling a child in care roughly. Staff described several incidents where one child would try to climb over the half door in the classroom, would try to leave out of the facility gate and would run from staff. One staff member stated that in an effort to keep the child from running out of the facility, staff would grab the child underneath his armpits. Staff deny squeezing the child's hand in an effort to get the child to listen or follow instructions. During the investigation, the facility's policy on discipline was discussed. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation(s) did or did not occur. Therefore, the allegation is unsubstantiated.

A SITE VISIT NOTICE WAS POSTED BY DIRECTOR.

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Diane Perez	TELEPHONE: (510) 622-2590
LICENSING EVALUATOR NAME: Dayna Collier	TELEPHONE: (510) 725-7021
LICENSING EVALUATOR SIGNATURE:	DATE: 08/23/2019

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/23/2019

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

Page: 2 of 3

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612

This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/21/2019 and conducted by Evaluator Dayna Collier

PUBLIC

COMPLAINT CONTROL NUMBER: 52-CC-20190821113120

FACILITY NAME:	ELMHURST DAY CARE AND PRESCHOOL		FACILITY NUMBER:	010210079
ADMINISTRATOR:	ESCOTO, MARILYN		FACILITY TYPE:	850
ADDRESS:	380 ELMHURST STREET		TELEPHONE:	(510) 786-1289
CITY:	HAYWARD	STATE: CA	ZIP CODE:	94544
CAPACITY:	78	CENSUS: 61	DATE:	08/23/2019
		UNANNOUNCED	TIME BEGAN:	12:00 PM
MET WITH:	Marilyn Escoto		TIME COMPLETED:	01:45 PM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

PERSONAL RIGHTS: Staff spoke inappropriately to child in care

INVESTIGATION FINDINGS:

1
2
3
4
5
6
7
8
9
10
11
12
13

LPA Dayna Collier met with Center Director Marilyn Escoto for a complaint investigation regarding the above allegation. It was alleged that conversations that staff have had with a child has caused the child to feel sad. During the course of the investigation, interviews were conducted. Staff deny having these conversations with the child but stated that the child has informed staff that his parent has had these conversations. Per staff, the conversations with the child have been to reassure the child. Therefore, it cannot be proven or disproven whether the child's feelings of sadness were as a result of conversations at the facility or as a result of conversations with the parent, either directly or indirectly with the child.
Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation(s) did or did not occur. Therefore, the allegation is unsubstantiated.

A SITE VISIT NOTICE WAS POSTED BY DIRECTOR.

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Diane Perez	TELEPHONE: (510) 622-2590
LICENSING EVALUATOR NAME: Dayna Collier	TELEPHONE: (510) 725-7021
LICENSING EVALUATOR SIGNATURE:	DATE: 08/23/2019

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/23/2019

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

Page: 3 of 3