<meta name="robots" content="noindex">
Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 013422719
Report Date: 08/23/2019
Date Signed: 08/23/2019 03:21:55 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, SUITE 1102
OAKLAND, CA 94612
This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/02/2019 and conducted by Evaluator Phyllis Dyer
PUBLIC
COMPLAINT CONTROL NUMBER: 02-CC-20190802101441
FACILITY NAME:SPEARS, SABRINAFACILITY NUMBER:
013422719
ADMINISTRATOR:SPEARS, SABRINAFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(510) 228-2932
CITY:OAKLANDSTATE: CAZIP CODE:
94605
CAPACITY:14CENSUS: 6DATE:
08/23/2019
UNANNOUNCEDTIME BEGAN:
02:00 PM
MET WITH:Sabrina SpearsTIME COMPLETED:
04:00 PM
ALLEGATION(S):
1
2
3
4
5
6
7
8
9
Staff transported day care child by vehicle in an unsafe manner.
INVESTIGATION FINDINGS:
1
2
3
4
5
6
7
8
9
10
11
12
13
LPA Dyer and LPM Robinson met with licensee Sabrina Spears to deliver findings for the above allegation. Present were the licensee, 6 day care children, (1 infant, 4 preschool, 1 school-age) and 1 fingerprint cleared assistant. It was alleged that staff transported day care child by vehicle in an unsafe manner. LPA toured facility and conducted interviews. During the investigation it was admitted that children were transported in an unsafe manner by 1) riding in the trunk of a moving vehicle; and 2) riding in a vehicle without proper restraints. Based on record reviews and interviews the preponderance of evidence standard has been met. Therefore, the above allegation is found to be Substantiated. California Code of Regulations, (Title 22, Division 12 are being cited on the attached LIC9099 D. The attached Type A deficiency is being cited 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 (LIC9224). LIC 9224 must be placed in the child's file to be reviewed by licensing. Exit interview conducted. Licensee was provided a copy of their appeal rights. This report must be kept available for public review for 3 years. Notice of site visit was posted at the time of the inspection and must remain posted for 30 days.
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Ann RobinsonTELEPHONE: (510) 622-2591
LICENSING EVALUATOR NAME: Phyllis DyerTELEPHONE: (510) 622-2602
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
Control Number 02-CC-20190802101441
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, SUITE 1102
OAKLAND, CA 94612

FACILITY NAME: SPEARS, SABRINA
FACILITY NUMBER: 013422719
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 08/23/2019
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
08/26/2019
Section Cited
CCR
102417(i)(k)
1
2
3
4
5
6
7
Operation of a Family Child Care home. The manufacturer's rated seating capacity of the vehicle shall not be exceeded. (k) All vehicle occupants must be secured in an appropriate restraint system. These requirements were not met as evidenced by interviews: it was admitted by licensee and her assistant that the assistant exceeded the maximum capacity
1
2
3
4
5
6
7
Licensee must provide a written plan of correction which will detail how she will insure that persons transporting children in her day care will not exceed the maximum capacity of the vehicle they are driving, and have proper restraints.
8
9
10
11
12
13
14
of her vehicle by transporting a total of 6 children and herself; two children were transported in the trunk of the vehicle; and the remaining four children were placed in the vehicle without proper restraints. Community Care Licensing regulations state that you cannot exceed the legal capacity of a vehicle or transport without proper restraints. This action poses an immediate risk to the health and safety of children in care.
8
9
10
11
12
13
14
Failure to correct will result in a $100 per day civil penalty until corrected. Repeat violations are $250 per violation and $100 per day until corrected.
Type A
08/26/2019
Section Cited
CCR
102423(a)(1)
1
2
3
4
5
6
7
Personal Rights. Each child receiving services from a family child care home shall have certain rights…include(ing)…to be treated with dignity in his/her personal relationship with staff and other persons. This requirement was not met as evidenced by interview: Children were transported in the trunk of licensee’s
1
2
3
4
5
6
7
Licensee must provide a written plan of correction which will detail how she will insure that children will be treated with dignity in their personal relationships with staff.
8
9
10
11
12
13
14
assistant's vehicle. Child stated they were uncomfortable in the trunk, and began to cry when talking about the experience. Regulations state that children have the right to be treated with dignity in their personal relationships with staff. This poses an immediate risk to the health and safety of children in care.
8
9
10
11
12
13
14
Failure to correct will result in a $100 per day civil penalty until corrected. Repeat violations are $250 per violation and $100 per day until corrected.

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: Ann RobinsonTELEPHONE: (510) 622-2591
LICENSING EVALUATOR NAME: Phyllis DyerTELEPHONE: (510) 622-2602
LICENSING EVALUATOR SIGNATURE:

DATE: 08/23/2019
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/23/2019
LIC9099 (FAS) - (06/04)
Page: 3 of 3
Control Number 02-CC-20190802101441
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, SUITE 1102
OAKLAND, CA 94612

FACILITY NAME: SPEARS, SABRINA
FACILITY NUMBER: 013422719
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 08/23/2019
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
08/26/2019
Section Cited
CCR
102423(a)(2)
1
2
3
4
5
6
7
Personal Rights. Each child receiving services from a family child care home shall have certain rights…include(ing)…to receive safe, healthful and comfortable accommodations, furnishings and equipment. This requirement was not met as evidenced by licensee interview and additional interviews: Children were transported in the trunk of the licensee’s assistant’s vehicle for approximately 6.4 miles,
1
2
3
4
5
6
7
Licensee must provide a written plan of correction which will detail how she will insure that children in her day care will always receive safe, healthful and comfortable accommodations when being transported.
8
9
10
11
12
13
14
and then placed in the trunk again when ready to leave the second location. Concerned citizens stopped staff from leaving the second location and called police. Community Care Licensing regulations state that children are to receive safe, healthful and comfortable accommodations. Children were not comfortable nor safe in the trunk of the vehicle. This action poses an immediate risk to the health and safety of children in care.
8
9
10
11
12
13
14
Failure to correct will result in a $100 per day civil penalty until corrected. Repeat violations are $250 per violation and $100 per day until corrected.
1
2
3
4
5
6
7
1
2
3
4
5
6
7
1
2
3
4
5
6
7
1
2
3
4
5
6
7
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: Ann RobinsonTELEPHONE: (510) 622-2591
LICENSING EVALUATOR NAME: Phyllis DyerTELEPHONE: (510) 622-2602
LICENSING EVALUATOR SIGNATURE:

DATE: 08/23/2019
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/23/2019
LIC9099 (FAS) - (06/04)
Page: 2 of 3