013423056-12-14-2023-02-CC-SJON-CZT2ER-20240124162022

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 013423056
Report Date: 12/14/2023
Date Signed: 12/14/2023 11:19:06 AM

Substantiated

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
11/29/2023 and conducted by Evaluator Diana Campos

COMPLAINT CONTROL NUMBER: 02-CC-20231129141003

FACILITY NAME:	AGAPE LEARNING CENTER		FACILITY NUMBER:	013423056
ADMINISTRATOR:	HUTCHINSON, TERYRA		FACILITY TYPE:	850
ADDRESS:	1127 62ND AVE		TELEPHONE:	(510) 472-3396
CITY:	OAKLAND	STATE: CA	ZIP CODE:	94621
CAPACITY:	30	CENSUS: 12	DATE:	12/14/2023
		UNANNOUNCED	TIME BEGAN:	09:21 AM
MET WITH:	Donna Bassett		TIME COMPLETED:	11:30 AM

ALLEGATION(S):

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personal rights- Staff pulled child's ear.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Diana Campos met with Center Director Donna Bassett for a complaint investigation regarding the above allegation. It was alleged that a staff member pulled a child's ear. During the course of the investigation, interviews were conducted and children's personal rights discussed. Per interviews conducted staff admitted to grabbing a child's ear but did not pull it. Per interviews conducted, staff did not grab the child's ear in a rough disciplinary manner but rather as a gesture of approval for following staff's directions. Interviews also disclosed that child did not cry. The staff member denied pulling the child's ear but admitted that she grabbed the bottom part of his ear as a gesture of approval for following directions. Although the staff member's intention was not to hurt the child, physically touching a child's ear for any reason, is a violation of the child's personal rights. This includes the personal rights of children observing the interaction. Based on the LPA's interviews which were conducted, the preponderance of evidence standard has been met. Therefore, the above allegation is found to be SUBSTANTIATED. California Code of Regulations, (Title 22, Division & Chapter 101223), are being cited on the attached LIC 9099D.

Exit interview conducted and report reviewed with Director Donna Bassett. A Notice of Site Visit was provided and must remain posted for 30 days.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Sherelle Johnson	TELEPHONE: (510) 622-2592
LICENSING EVALUATOR NAME: Diana Campos	TELEPHONE: (510) 873-6322
LICENSING EVALUATOR SIGNATURE:	DATE: 12/14/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/14/2023

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

LIC9099 (FAS) - (06/04)

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Control Number 02-CC-20231129141003

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: AGAPE LEARNING CENTER	FACILITY NUMBER: 013423056
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 12/14/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 01/15/2024 Section Cited CCR 101223(a)(1)(2)(3)	1 2 3 4 5 6 7	101223 Personal Rights (a) The licensee shall ensure that each child is accorded the following personal rights: (1)To be accorded dignity in his/her personal relationships with staff and other persons. (2)To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs. (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.	1 2 3 4 5 6 7	Facility shall submit to licensing by the POC date: a written statement of their understanding of children's personal rights and how they will ensure this violation does not repeat. Facility shall provide training to all staff regarding children's personal rights and provide a log with signatures of attendees.
	8 9 10 11 12 13 14	This reequirement was not met as evidenced by: Althohugh staff denied pulling the child's ear, she admitted to grabbing a child's ear while preparing to go on a field trip which poses a potential risk to the health and safety of children in care.	8 9 10 11 12 13 14
	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: Sherelle Johnson	TELEPHONE: (510) 622-2592
LICENSING EVALUATOR NAME: Diana Campos	TELEPHONE: (510) 873-6322
LICENSING EVALUATOR SIGNATURE:	DATE: 12/14/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/14/2023

LIC9099 (FAS) - (06/04)

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