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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 013421406
Report Date: 12/13/2019
Date Signed: 12/13/2019 10:18:59 AM



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
10/22/2019 and conducted by Evaluator Julia Placencia
COMPLAINT CONTROL NUMBER: 52-CC-20191022152443
FACILITY NAME:KIDANGO - GRAHAMFACILITY NUMBER:
013421406
ADMINISTRATOR:DIAZ, OFELIAFACILITY TYPE:
850
ADDRESS:36270 CHERRY STTELEPHONE:
(510) 240-5771
CITY:NEWARKSTATE: CAZIP CODE:
94560
CAPACITY:40CENSUS: 35DATE:
12/13/2019
UNANNOUNCEDTIME BEGAN:
09:00 AM
MET WITH:Venus McMurrianTIME COMPLETED:
10:35 AM
ALLEGATION(S):
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Facility staff yells at the daycare children
INVESTIGATION FINDINGS:
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Licensing Program Analysts (LPAs) Julia Placencia and Junell Chen arrived to the facility unannounced to conclude the complaint investigation regarding the allegation above, and met with regional director Venus McMurrian. Present were 35 children and 7 staff members. During the course of the investigation, LPAs interviewed staff, children and parents. It is alleged that director Ofelia Diaz yelled at children that were drawing on a table. Although the director denies she yelled at the children, it has been determined through interviews that the tone she used was harsh, and that it was perceived by the children as threatening, humiliating and intimidating. The facility was cited for similar personal rights violations on 4/12/19 and 2/16/18.

Based on observations, interviews and record review, the preponderance of evidence standard has been met, therefore the above allegation is found to be substantiated. California Code of Regulations, Title 22 is being cited on the attached LIC9099D. Failure to submit Proof of Corrections (POC) by Plan of Correction date may result in additional civil penalties.
***Continued on LIC9099C...
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Jason JangTELEPHONE: (510) 622-2631
LICENSING EVALUATOR NAME: Julia PlacenciaTELEPHONE: (510) 725-5998
LICENSING EVALUATOR SIGNATURE:

DATE: 12/13/2019
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/13/2019
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 4
Control Number 52-CC-20191022152443
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612
FACILITY NAME: KIDANGO - GRAHAM
FACILITY NUMBER: 013421406
VISIT DATE: 12/13/2019
NARRATIVE
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101223(a)(3) Personal Rights - 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.

***An immediate civil penalty of $250 is assess today for a repeat citation within one year (previous violation was cited on 4/12/19). This penalty will continue at $100 per day until corrected.

The attached type A violation is cited today and must be corrected by the due date. 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. All parents/guardians must sign an acknowledgement form of proof of receiving this report (LIC 9224). The LIC 9224 must be placed in each child's file to be reviewed by licensing.

This report shall remain on file for 3 years. A Notice of Site visit was posted at time of inspection and must remain posted for 30 days.

Exit interview conducted with Venus McMurrian. Copy of report and appeal rights provided.
SUPERVISOR'S NAME: Jason JangTELEPHONE: (510) 622-2631
LICENSING EVALUATOR NAME: Julia PlacenciaTELEPHONE: (510) 725-5998
LICENSING EVALUATOR SIGNATURE:

DATE: 12/13/2019
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/13/2019
LIC9099 (FAS) - (06/04)
Page: 2 of 4
Control Number 52-CC-20191022152443
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612

FACILITY NAME: KIDANGO - GRAHAM
FACILITY NUMBER: 013421406
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 12/13/2019
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
12/20/2019
Section Cited
CCR
101223(a)(3)
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101223(a)(3) Personal Rights -
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 ....
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Director shall submit a plan of action that details what steps she will take to ensure she does not violate children's personal rights. This plan should include proof of enrollment in a course which includes behavior management strategies.
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This requirement is not met as evidenced by:
Based on interviews, the director violated children's personal rights by the harsh tone she directed at them, which poses a immediate health and safety risk to children in care
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Submit plan to CCL by due date of 12/20/19. As this is a repeat violation of which an immediate civil penalty of $250 is assessed today, an additional $100 per day will be assessed until this plan is received. Previous violation was cited on 4/2/2019. At conclusion of course, director is to submit a summary to CCL of what she learned from the course.
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Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.
SUPERVISOR'S NAME: Jason JangTELEPHONE: (510) 622-2631
LICENSING EVALUATOR NAME: Julia PlacenciaTELEPHONE: (510) 725-5998
LICENSING EVALUATOR SIGNATURE:

DATE: 12/13/2019
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/13/2019
LIC9099 (FAS) - (06/04)
Page: 3 of 4
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
10/22/2019 and conducted by Evaluator Julia Placencia
COMPLAINT CONTROL NUMBER: 52-CC-20191022152443

FACILITY NAME:KIDANGO - GRAHAMFACILITY NUMBER:
013421406
ADMINISTRATOR:DIAZ, OFELIAFACILITY TYPE:
850
ADDRESS:36270 CHERRY STTELEPHONE:
(510) 240-5771
CITY:NEWARKSTATE: CAZIP CODE:
94560
CAPACITY:40CENSUS: 35DATE:
12/13/2019
UNANNOUNCEDTIME BEGAN:
09:00 AM
MET WITH:Venus McMurrianTIME COMPLETED:
10:35 AM
ALLEGATION(S):
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Facility staff grabbed the daycare children
INVESTIGATION FINDINGS:
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Licensing Program Analysts (LPAs) Julia Placencia and Junell Chen arrived to the facility unannounced to conclude the complaint investigation regarding the allegation above, and met with regional director Venus McMurrian. Present were 35 children and 7 staff members. During the course of the investigation, LPAs interviewed staff, children and parents. It is alleged that director Ofelia Diaz grabbed children as they drew on a table. Although the children's perception is that of being grabbed, the director denies this happened, and there were no witnesses. There is not enough evidence to prove if this allegation is true or false.

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 allegaion is unsubstantiated.

Exit interview conducted with Venus McMurrian. Copy of report and appeal rights provided. Notice of Site visit was provided and must remain posted for 30 days.
Unsubstantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Jason JangTELEPHONE: (510) 622-2631
LICENSING EVALUATOR NAME: Julia PlacenciaTELEPHONE: (510) 725-5998
LICENSING EVALUATOR SIGNATURE:

DATE: 12/13/2019
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/13/2019
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 4 of 4