045407684-9-30-2021-13-CC-MAVS-C7CTJJ-20210930144625

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 045407684
Report Date: 09/30/2021
Date Signed: 09/30/2021 01:15:46 PM

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 520 COHASSET RD., SUITE 170
CHICO, CA 95926

This is an official report of an unannounced visit/investigation of a complaint received in our office on
06/11/2021 and conducted by Evaluator Mikah Martinez

PUBLIC

COMPLAINT CONTROL NUMBER: 13-CC-20210611094310

FACILITY NAME:	BROWN, KIMBERLY FAMILY CHILD CARE HOME		FACILITY NUMBER:	045407684
ADMINISTRATOR:	BROWN, KIMBERLY		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(530) 774-3368
CITY:	CHICO	STATE: CA	ZIP CODE:	95928
CAPACITY:	14	CENSUS: 12	DATE:	09/30/2021
		UNANNOUNCED	TIME BEGAN:	12:15 PM
MET WITH:	Kimberly Brown		TIME COMPLETED:	01:30 PM

ALLEGATION(S):

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Licensee not enforcing masks guidelines
Staff not screening for COVID-19 symptoms
Licensee did not request proof of child’s immunization

INVESTIGATION FINDINGS:

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On 9/30/21 at 12:15 PM, Licensing Program Analyst (LPA) Mikah Martinez conducted an unannounced complaint inspection and met with the Licensee for the purpose of delivering findings. It has been alleged that the licensee is not enforcing the masks guideline, staff is not screening for COVID-19 symptoms, and licensee did not request proof of child’s immunizations. During today's visit the facility was toured and LPA Martinez observed that staff nor children were wearing masks. There were 2 adults supervising 12 children. During the initial inspection conducted on 6/18/21, LPA Husband observed neither licensee or assistant wearing masks while preparing lunch for the children. Upon entry of the facility LPA Husband inquired if licensee and assistant have been wearing masks in which the licensee replied, “I didn’t think we needed to since we are both vaccinated. We were wearing them until them until the governor said after June 15th we don’t have to wear them if you’re vaccinated.” Licensee also admitted she had not been screening for COVID-19 with temperature checks and symptom evaluation prior to entrance into the facility. Lastly, upon LPA reviewing children’s files, 5 out of 12 children (C1, C2, C5, C6, and C12) were missing all immunizations. Based on the evidence obtained during the investigation, LPA Husband’s observations and the licensee’s own admittance of the allegations, there is a preponderance of evidence that the allegations are substantiated. The following violation(s) of the California Code of Regulations, Title 22; Division 12, were observed: see LIC 9099D. Appeal rights were provided. Notice of site visit shall be posted for 30 days.

Substantiated

Estimated Days of Completion: 90

SUPERVISOR'S NAME: Erin Virrueta	TELEPHONE: (530) 895-4325
LICENSING EVALUATOR NAME: Mikah Martinez	TELEPHONE: (530) 895-4014
LICENSING EVALUATOR SIGNATURE:	DATE: 09/30/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/30/2021

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 13-CC-20210611094310

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 520 COHASSET RD., SUITE 170
CHICO, CA 95926

FACILITY NAME: BROWN, KIMBERLY FAMILY CHILD CARE HOME	FACILITY NUMBER: 045407684
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 09/30/2021

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 10/04/2021 Section Cited CCR 102423(a)(2)	1 2 3 4 5 6 7	Personal Rights: To receive safe, healthful, and comfortable accommodations, furnishings, and equipment. This requirement was not met as evidenced by: Based on LPA observed 2 staff not wearing masks during operational hours as required and not assessing children for illness including COVID-19 prior to entrance to the family	1 2 3 4 5 6 7	Licensee and assistant donned masks during inspection on 6/18/21 and agreed to wear masks during operational hours. Licensee also agreed to immediately conduct screening assessments of children via temperature checks and not allowing entrance into the facility if a child shows symptoms
	8 9 10 11 12 13 14	child care home. This is a potential health and safety risk to children in care.	8 9 10 11 12 13 14	The licensee will send a document in writing to CCLD regarding mask policy proceedures no later than 10/4/21. The licensee stated she has begun temperature checks of children since the last visit from LPA Husband on 6/18/21.
Type B 10/29/2021 Section Cited CCR 102418(a)	1 2 3 4 5 6 7	Prior to admission to a family day care home, children shall be immunized against diseases as required by the California Code of Regulations, Title 17, beginning with Section 6000. This requirement was not met as evidenced by: Based on LPA’s examination of the children’s files that licensee failed to ensure 5 out of 8 children	1 2 3 4 5 6 7	Licensee will submit proof of immunizations for C1, C2, C5, C6, and C12 to the department no later than 10/29/21.
	8 9 10 11 12 13 14	had obtained immunization records prior to admission. This is a potential health and safety risk to children in care.	8 9 10 11 12 13 14

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: Erin Virrueta	TELEPHONE: (530) 895-4325
LICENSING EVALUATOR NAME: Mikah Martinez	TELEPHONE: (530) 895-4014
LICENSING EVALUATOR SIGNATURE:	DATE: 09/30/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/30/2021

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, 520 COHASSET RD., SUITE 170
CHICO, CA 95926

This is an official report of an unannounced visit/investigation of a complaint received in our office on
06/11/2021 and conducted by Evaluator Mikah Martinez

PUBLIC

COMPLAINT CONTROL NUMBER: 13-CC-20210611094310

FACILITY NAME:	BROWN, KIMBERLY FAMILY CHILD CARE HOME		FACILITY NUMBER:	045407684
ADMINISTRATOR:	BROWN, KIMBERLY		FACILITY TYPE:	810
ADDRESS:	2214 ROBAILEY DRIVE		TELEPHONE:	(530) 774-3368
CITY:	CHICO	STATE: CA	ZIP CODE:	95928
CAPACITY:	14	CENSUS: 12	DATE:	09/30/2021
		UNANNOUNCED	TIME BEGAN:	12:15 PM
MET WITH:	Kimberly Brown		TIME COMPLETED:	01:30 PM

ALLEGATION(S):

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3
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5
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7
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9

Licensee not maintaining healthy environment for children in care
Licensee forced child to take a nap

INVESTIGATION FINDINGS:

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2
3
4
5
6
7
8
9
10
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12
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On 9/30/21 at 12:15 PM, Licensing Program Analyst (LPA) Mikah Martinez conducted an unannounced complaint inspection and met with the Licensee for the purpose of delivering findings. It has been alleged that the licensee is not maintaining a healthy environment for children in care and licensee forced children to take a nap. During today's visit the facility was toured and LPA Martinez observed the daycare after lunch was served and children were in the living room begining nap. There were two staff supervising 12 children. During the initial inspection conducted on 6/18/21, LPA Husband observed children being fed a nutritious meal during lunch time from a nearby restaurant at a child appropriate table and chairs. The facility was clean and orderly with a plethora of activities indoor as well as outdoor. LPA observed an indoor trampoline which met the manufacturer’s safety guidelines and was on the other side of the house, away from the napping room. LPA Husband also observed nap/rest time transition after lunch and all the children were allowed to rest on cots and given books in order to rest quietly. LPA Husband observed within 15 minutes, all the children were sleeping without any incident. During the investigation, 9 adult interviews were attempted not including the Reporting Party (RP) interviewed on 6/18/21. 6 out of nine adults were interviewed on 9/14/21, 9/15/21 and 9/17/21 and three of those 9 were unable to be reached after multiple attempts. Five out of six interviews stated that the facility was a healthy environment and they never witnessed anything unsafe or concerning. 6 out of 6 stated their child was not forced to nap. Based on the evidence obtained during the investigation and LPA Husband’s observations, although the allegation may have happened or is valid, there is not a preponderance of evidence to prove that the alleged violation occurred, therefore the findings are unsubstantiated. An exit interview was conducted.

The Notice of Site Visit must be posted for 30 days.

Unsubstantiated

Estimated Days of Completion: 90

SUPERVISOR'S NAME: Erin Virrueta	TELEPHONE: (530) 895-4325
LICENSING EVALUATOR NAME: Mikah Martinez	TELEPHONE: (530) 895-4014
LICENSING EVALUATOR SIGNATURE:	DATE: 09/30/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/30/2021

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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