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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 093605579
Report Date: 11/12/2019
Date Signed: 11/12/2019 03:33:13 PM



STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 2525 NATOMAS PARK DR. STE.250
SACRAMENTO, CA 95833
This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/14/2019 and conducted by Evaluator Elvira Sierra
PUBLIC
COMPLAINT CONTROL NUMBER: 03-CC-20190814092253
FACILITY NAME:COOL CARE CHILD CARE & PRESCHOOLFACILITY NUMBER:
093605579
ADMINISTRATOR:BYRD, SUSANFACILITY TYPE:
850
ADDRESS:2966 HIGHWAY 49, SUITE DTELEPHONE:
(530) 889-1119
CITY:COOLSTATE: CAZIP CODE:
95614
CAPACITY:30CENSUS: 21DATE:
11/12/2019
UNANNOUNCEDTIME BEGAN:
02:00 PM
MET WITH:Paris Souzza and Sandee GustavsonTIME COMPLETED:
03:40 PM
ALLEGATION(S):
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Other-Staff failed to adhere to admission agreement.

INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Elvira Sierra met with Director, Paris Souza and Sandee Gustavson to provide the finding for the above allegation. Upon arrival there were 21 children with 2 staff. Director and Licensee arrived later during the inspection.

During the course of the investigation LPA interviewed parents, staff, reviewed records and obtained pertaining documents. The complainant alleged staff failed to adhere to admission agreement by not giving 2 week’s advance notice to terminate child # 1 from the program. After reviewing facility admission agreement LPA learned facility is required to give two weeks’ notice to guardians prior to cessation of care, except in cases of gross misconduct. Facility staff stated that child#1 was terminated due to behavior issues. However, LPA did not observe any documentation regarding specific incidents that would amount to gross misconduct. Director stated that behavior issues were discussed verbally with child # 1's guardians. Director reported that guardians were informed verbally of the decision to terminate child # 1 from the program on May 21, 2019 and that the child's last day would be 5/30/2019. The effective date of termination was less than 2 weeks from the notification, therefore the facility did not adhere to their admission agreement.
Report continued on subsequent page 9099C...
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Bettina EngelmanTELEPHONE: (916) 263-5820
LICENSING EVALUATOR NAME: Elvira SierraTELEPHONE: (916) 216-8826
LICENSING EVALUATOR SIGNATURE:

DATE: 11/12/2019
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/12/2019
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 5
Control Number 03-CC-20190814092253
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 2525 NATOMAS PARK DR. STE.250
SACRAMENTO, CA 95833
FACILITY NAME: COOL CARE CHILD CARE & PRESCHOOL
FACILITY NUMBER: 093605579
VISIT DATE: 11/12/2019
NARRATIVE
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Based upon interviews and documents obtained, the preponderance of evidence standard has been met, therefore the allegation is found to be SUBSTANTIATED. Title 22 Regulation deficiency cited on attached LIC9099-D. Appeal rights were discussed, and a printed version was given to licensee.

An exit interview was conducted in which the report was reviewed and discussed with Licensee. Notice of Site Visit posted.
SUPERVISOR'S NAME: Bettina EngelmanTELEPHONE: (916) 263-5820
LICENSING EVALUATOR NAME: Elvira SierraTELEPHONE: (916) 216-8826
LICENSING EVALUATOR SIGNATURE:

DATE: 11/12/2019
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/12/2019
LIC9099 (FAS) - (06/04)
Page: 2 of 5
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 2525 NATOMAS PARK DR. STE.250
SACRAMENTO, CA 95833
This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/14/2019 and conducted by Evaluator Elvira Sierra
PUBLIC
COMPLAINT CONTROL NUMBER: 03-CC-20190814092253

FACILITY NAME:COOL CARE CHILD CARE & PRESCHOOLFACILITY NUMBER:
093605579
ADMINISTRATOR:BYRD, SUSANFACILITY TYPE:
850
ADDRESS:2966 HIGHWAY 49, SUITE DTELEPHONE:
(530) 889-1119
CITY:COOLSTATE: CAZIP CODE:
95614
CAPACITY:30CENSUS: 21DATE:
11/12/2019
UNANNOUNCEDTIME BEGAN:
02:00 PM
MET WITH:Paris Souzza and Sandee GustavsonTIME COMPLETED:
03:40 PM
ALLEGATION(S):
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Personal Rights-Staff failed to seek timely medical care for day care child
Lack of Supervision- Lack of supervision resulting in day care child sustaining injury.
Personal Rights-Staff handle daycare child in a physically inappropriate manner.
License-Facility is not adhering to the teacher/child ratio.
Physical Plant-Facility door poses as a risk to daycare children

INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Elvira sierra met with Director, Paris Souza and Licensee Sandee Gustavson to provide her with the finding of the above complaint allegations. The complainant alleged that facility is not adhering to the teacher/child ratio and that due to lack of supervision child # 1 sustained an injury and staff failed to seek medical care for child # 1 in a timely manner. Complainant also alleged that staff handled child # 1 in a physically inappropriate manner and the facility door poses a risk to daycare children. Upon arrival present in the facility were 21 children being supervised by 2 staff members. Director and Licensee arrived later during the inspection.

Throughout the investigation, LPA conducted interviews with parents, children, staff, observed care and supervision; and reviewed relevant documents. LPA learned that some staff members stated the incident was observed, but others were unsure whether the incident was or was not directly observed by staff. Interviews did not reveal that staff failed to provide adequate supervision resulting in child #1 being injured.

Report continued on subsuquent page 9099C.-----
Unsubstantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Bettina EngelmanTELEPHONE: (916) 263-5820
LICENSING EVALUATOR NAME: Elvira SierraTELEPHONE: (916) 216-8826
LICENSING EVALUATOR SIGNATURE:

DATE: 11/12/2019
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/12/2019
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 5
Control Number 03-CC-20190814092253
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 2525 NATOMAS PARK DR. STE.250
SACRAMENTO, CA 95833
FACILITY NAME: COOL CARE CHILD CARE & PRESCHOOL
FACILITY NUMBER: 093605579
VISIT DATE: 11/12/2019
NARRATIVE
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There was no disclosure staff had failed to seek medical attention for child # 1 in a timely manner. LPA learned through interviews the facility policy depending upon the injury is to assess the child immediately, utilize general first aid and call 911 if necessary. LPA also learned that staff reported the incident in which child#1 sustained an injury to responsible parties immediately after it occurred. There was at least one more communication with the responsible parties before child #1 was released. In addition, staff attempted to get a second opinion on the severity of the child’s injury from a trained professional across street from the facility.

It was also alleged that facility is not adhering to the required teacher:child ratios. None of the parents interviewed disclosed any concerns regarding ratios, lack of supervision or ever witnessing staff handling children in an inappropriate manner. LPA observed appropriate teacher:child ratios on inspections conducted on 08/26/19, 09/13/19, 10/25/19, and 11/12/19. Interviews with staff, parents and children did not reveal that a staff member handled children in an inappropriate manner. Staff indicated personal rights and supervision are a priority at the facility. LPA reiterated the importance of sections 101229, Responsibility for Providing Care and Supervision and 101223, Personal Rights to the director.

LPA observed and tested the half-door leading to the entrance and found it to be in proper working condition. Interviews did not uncover any information regarding this door malfunctioning or otherwise not working properly. Staff disclosed that children are not allowed to play by/around the door area.

Based upon interviews conducted and observations while at the facility, there is not a preponderance of evidence to prove or disprove the allegations did or did not occur, therefore the above allegations are found to be UNSUBSTANTIATED.

SUPERVISOR'S NAME: Bettina EngelmanTELEPHONE: (916) 263-5820
LICENSING EVALUATOR NAME: Elvira SierraTELEPHONE: (916) 216-8826
LICENSING EVALUATOR SIGNATURE:

DATE: 11/12/2019
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/12/2019
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 03-CC-20190814092253
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 2525 NATOMAS PARK DR. STE.250
SACRAMENTO, CA 95833

FACILITY NAME: COOL CARE CHILD CARE & PRESCHOOL
FACILITY NUMBER: 093605579
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 11/12/2019
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
11/30/2019
Section Cited
CCR
101219(f)
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101219 (f) Admission Agreements
(f) The licensee shall comply with all terms and conditions set forth in the admission agreement.
This requirement was not met as evidence by; Facility did not adhere to their admission agreement by given less than two weeks to terminate child#1. This is a violation that if not corrected can pose a health and safety hazard to the children in care.
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POC. Licensee and Director stated that a parent conference will be held before given the two weeks notice to terminate a child. In addition Licensee will make sure that staff documents behavior issues. LPA obtained a plan of corretion statement on today's inspection.
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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: Bettina EngelmanTELEPHONE: (916) 263-5820
LICENSING EVALUATOR NAME: Elvira SierraTELEPHONE: (916) 216-8826
LICENSING EVALUATOR SIGNATURE:

DATE: 11/12/2019
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/12/2019
LIC9099 (FAS) - (06/04)
Page: 5 of 5