013423071-5-26-2020-02-CC-MMEA-BQ3TRY-20200529145819

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 013423071
Report Date: 05/26/2020
Date Signed: 05/26/2020 04:50:36 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
02/24/2020 and conducted by Evaluator Catherine Fernandes

PUBLIC

COMPLAINT CONTROL NUMBER: 02-CC-20200224141807

FACILITY NAME:	D'AURIA'S TREEHOUSE CHILDREN'S LEARNING CENTER		FACILITY NUMBER:	013423071
ADMINISTRATOR:	MILLER-SMITH, LORI		FACILITY TYPE:	830
ADDRESS:	5410 FLEMING AVE		TELEPHONE:	(510) 698-4246
CITY:	OAKLAND	STATE: CA	ZIP CODE:	94619
CAPACITY:	8	CENSUS: 2	DATE:	05/26/2020
		UNANNOUNCED	TIME BEGAN:	03:45 PM
MET WITH:	Director Lori Miller-Smith		TIME COMPLETED:	04:50 PM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

License- Staff did not properly report outbreak of communicable disease to CCL

INVESTIGATION FINDINGS:

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

On May 5th, 2020 at 3:45pm, Licensing Program Analyst (LPA) Catherine Fernandes conducted a tele-visit with Director Lori Miller-Smith to deliver the finding of the complaint investigation regarding the above allegation. During the course of the investigation LPA Fernandes conducted interviews, reviewed facility files and requested additional support of documents.

Based on the interviews there was an incident with a child having pink eye at the center on February 12, 2020 and the incident was not called in to Community Care Licensing until the following week. Director Miller-Smith stated she called to report the incident after the holiday weekend. Based on the regulation any unusual incident reports must be called in the next working day, therefore the preponderance of evidence standard has been met, the above allegation is found to be SUBSTANTIATED.

Title 22, Division 12 & Chapter 1, Article 06 are being cited on the attached LIC. 9099D.
Appeal Rights were given and discussed. An exit interview was conducted with Director Lori Miller-Smith.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Mayla Mendoza	TELEPHONE: (510) 873-6408
LICENSING EVALUATOR NAME: Catherine Fernandes	TELEPHONE: (510) 725-7002
LICENSING EVALUATOR SIGNATURE:	DATE: 05/26/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/26/2020

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 02-CC-20200224141807

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: D'AURIA'S TREEHOUSE CHILDREN'S LEARNING CENTER	FACILITY NUMBER: 013423071
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 05/26/2020

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Deficiency Dismissed Type B 05/29/2020 Section Cited CCR 101212(d)(1)	1 2 3 4 5 6 7	Reporting Requirements- Upon the occurrence, during the operation of the child care center of any of the events specified in (d)(1) below, a report shall be made to the Department by telephone or fax within the Department's next working day and during its normal business hours. This requirement has not been met as evidenced by:	1 2 3 4 5 6 7	The center will review reporting requirements and write up a unusual incident report to be submitted to CCL by 5/29/20. Cleared
	8 9 10 11 12 13 14	Based on interviews with Director Miller-Smith, center failed to report the unusual incident to CCL within the next working day, which can be a potential risk to 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: Mayla Mendoza	TELEPHONE: (510) 873-6408
LICENSING EVALUATOR NAME: Catherine Fernandes	TELEPHONE: (510) 725-7002
LICENSING EVALUATOR SIGNATURE:	DATE: 05/26/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/26/2020

LIC9099 (FAS) - (06/04)

Page: 2 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, SUITE 1102
OAKLAND, CA 94612

This is an official report of an unannounced visit/investigation of a complaint received in our office on
02/24/2020 and conducted by Evaluator Catherine Fernandes

PUBLIC

COMPLAINT CONTROL NUMBER: 02-CC-20200224141807

FACILITY NAME:	D'AURIA'S TREEHOUSE CHILDREN'S LEARNING CENTER		FACILITY NUMBER:	013423071
ADMINISTRATOR:	MILLER-SMITH, LORI		FACILITY TYPE:	830
ADDRESS:	5410 FLEMING AVE		TELEPHONE:	(510) 698-4246
CITY:	OAKLAND	STATE: CA	ZIP CODE:	94619
CAPACITY:	8	CENSUS:	DATE:	05/26/2020
		UNANNOUNCED	TIME BEGAN:	03:45 PM
MET WITH:	Director Lori Miller-Smith		TIME COMPLETED:	04:50 PM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Personal Rights- Children exposed to conditions that can be infectious

INVESTIGATION FINDINGS:

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

On May 5th, 2020 at 3:35pm, Licensing Program Analyst (LPA) Catherine Fernandes conducted a tele-visit with Director Lori Miller-Smith to deliver the finding of the complaint investigation regarding the above allegation. During the course of the investigation LPA Fernandes conducted interviews, reviewed facility files and requested additional support of documents.

Director Lori Miller-Smith admitted that due to her position she may have to come into work when she is not feeling well. However, when asked what precautions are taken to ensure the safety of the children Director Miller-Smith stated that she will not provide care and she would wear gloves and a mask if needed. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur, therefore, the allegation is UNSUBSTANTIATED.

An exit interview was conducted via telephone.
Appeal Rights and report were discussed and emailed.

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Mayla Mendoza	TELEPHONE: (510) 873-6408
LICENSING EVALUATOR NAME: Catherine Fernandes	TELEPHONE: (510) 725-7002
LICENSING EVALUATOR SIGNATURE:	DATE: 05/26/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/26/2020

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

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
02/24/2020 and conducted by Evaluator Catherine Fernandes

COMPLAINT CONTROL NUMBER: 02-CC-20200224141807

FACILITY NAME:	D'AURIA'S TREEHOUSE CHILDREN'S LEARNING CENTER		FACILITY NUMBER:	013423071
ADMINISTRATOR:	MILLER-SMITH, LORI		FACILITY TYPE:	830
ADDRESS:	5410 FLEMING AVE		TELEPHONE:	(510) 698-4246
CITY:	OAKLAND	STATE: CA	ZIP CODE:	94619
CAPACITY:	8	CENSUS:	DATE:	05/26/2020
		UNANNOUNCED	TIME BEGAN:	03:45 PM
MET WITH:	Director Lori Miller-Smith		TIME COMPLETED:	04:50 PM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Other- Facility wrongfully terminated day care child

INVESTIGATION FINDINGS:

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

On May 5th, 2020 at 3:35pm, Licensing Program Analyst (LPA) Catherine Fernandes conducted a tele-visit with Director Lori Miller-Smith to deliver the finding of the complaint investigation regarding the above allegation. During the course of the investigation LPA Fernandes conducted interviews, reviewed facility files and requested additional support of documents
According to an interview conducted on April 29th, 2020 with Director Lori Miller-Smith stating that the family was terminated for not following policies and procedures as written in the parent handbook that was given to LPA Fernandes. However, according to three of the seven parent interviews, parents either stated or sent a hard copy of the handbook showing there is no termination clause stating "disregard for policies and procedures". But according to a signed admission agreement stating that when or if the director feels uncomfortable with the family or child she may terminate the child from the day care. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur, therefore, the allegation is UNSUBSTANTIATED.
An exit interview was conducted via telephone.
Appeal Rights and report were discussed and emailed.

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Mayla Mendoza	TELEPHONE: (510) 873-6408
LICENSING EVALUATOR NAME: Catherine Fernandes	TELEPHONE: (510) 725-7002
LICENSING EVALUATOR SIGNATURE:	DATE: 05/26/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/26/2020

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 4