153801386-3-2-2022-04-CC-MDUE-CCJVD3-20220315162002

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 153801386
Report Date: 02/28/2022
Date Signed: 03/02/2022 11:51:18 PM

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1310 E. SHAW AVE,
FRESNO, CA 93710

This is an official report of an unannounced visit/investigation of a complaint received in our office on
12/15/2021 and conducted by Evaluator Juvenal Moctezuma

PUBLIC

COMPLAINT CONTROL NUMBER: 04-CC-20211215102806

FACILITY NAME:	FAIRGROUNDS CHILD DEVELOPMENT CENTER		FACILITY NUMBER:	153801386
ADMINISTRATOR:	TOVAR, RITA		FACILITY TYPE:	850
ADDRESS:	931 BELLE TERRACE		TELEPHONE:	(661) 837-1582
CITY:	BAKERSFIELD	STATE: CA	ZIP CODE:	93304
CAPACITY:	92	CENSUS: 46	DATE:	02/28/2022
		UNANNOUNCED	TIME BEGAN:	10:00 AM
MET WITH:	Cindy Diaz		TIME COMPLETED:	11:00 AM

ALLEGATION(S):

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1. Staff did not prevent a daycare child from being bullied
2. Facility staff did not report known bulling to a child's representative
3. Facility staff do not report unusual incidents to CCL

INVESTIGATION FINDINGS:

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On 02/28/22, Licensing Program Analysts (LPAs) Juvenal Moctezuma & Jessika Thompson conducted an unannounced inspection to conclude the complaint investigation that was received on December 15, 2021. LPA met with Site supervisor, Cindy Diaz and discussed the purpose of the inspection and investigation findings. A Tour of the center was conducted both inside and outside and census were taken.

During the course of the investigation, LPA interviewed and obtained information from reporting party, staff, parents, & children. Interviews with staff & review of facility incident reports revealed that there has been multiple incidents pertaining to child #1 being physical with other children in care over the course of several months that staff failed to prevent or adequately document & report known incidents to childs representatives and community care licensing as required. A plan was created to assist in mitigating the aggressive behavior of child #1, however the center failed to follow the childs plan.
CONTINUED ON 9099-C

Substantiated

Estimated Days of Completion: 90

SUPERVISOR'S NAME: Michael Duarte	TELEPHONE: (559) 650-7874
LICENSING EVALUATOR NAME: Juvenal Moctezuma	TELEPHONE: (559) 580-0275
LICENSING EVALUATOR SIGNATURE:	DATE: 02/28/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/28/2022

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 04-CC-20211215102806

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1310 E. SHAW AVE,
FRESNO, CA 93710

FACILITY NAME: FAIRGROUNDS CHILD DEVELOPMENT CENTER	FACILITY NUMBER: 153801386
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 02/28/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 03/11/2022 Section Cited CCR 101212(d)(1)(C)	1 2 3 4 5 6 7	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... Any unusual incident or child absence that threatens the physical or emotional health or safety of any child.	1 2 3 4 5 6 7	During todays interview with Site Supervisor, it was revealed that child #1 has been disenrolled from the facility. Licensee stated they will submit a written plan of correction stating the methods that will be utilized by staff going forward to
	8 9 10 11 12 13 14	This requirement was not met as evidenced by Licensee failing to report unusual incident reports pertaining child #1 to both the child's Authorized representative and community care licensing. This poses a potential risk to the health/safety or personal rights of children in care.	8 9 10 11 12 13 14	ensure that all unusual incident reports are submitted to the department, and the child's authorized representative, in a timely manner. The aforementioned plan will be submitted to community care licensing by 3/11/2022.
Type B 03/11/2022 Section Cited CCR 101223(a)(2)	1 2 3 4 5 6 7	Personal Rights; (a) The licensee shall ensure that each child is accorded the following personal rights: (2) To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs. This requirement was not met as evidenced by:	1 2 3 4 5 6 7	Licensee stated that they will host a staff training which will include the viewing of the childcare licensing video titled - Children's personal rights in child care. Licensee will submit training agenda and staff sign in sheets to community care licensing by no later than 3/11/2022.
	8 9 10 11 12 13 14	Based on interview and records review, Licensee did not prevent from daycare children from being bullied as there has been multiple incidents pertaining to child #1 being physical with other children in care over the course of several months that staff failed to prevent. This poses a potential risk to the health, safety, or personal rights of children.	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: Michael Duarte	TELEPHONE: (559) 650-7874
LICENSING EVALUATOR NAME: Juvenal Moctezuma	TELEPHONE: (559) 580-0275
LICENSING EVALUATOR SIGNATURE:	DATE: 02/28/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/28/2022

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 04-CC-20211215102806

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1310 E. SHAW AVE,
FRESNO, CA 93710

FACILITY NAME: FAIRGROUNDS CHILD DEVELOPMENT CENTER	FACILITY NUMBER: 153801386
	VISIT DATE: 02/28/2022

NARRATIVE

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Based upon observations, and information gathered through interviews, the preponderance of evidence standard has been met, therefore the above allegations are found to be substantiated.

Per California Code of Regulations, Title 22, Division 12, Chapter 1, the following deficiencies are being cited on the attached LIC 9099-D.

An exit interview conducted with Licensee/Director Cindy Dias. A copy of this report and appeal rights were provided to Licensee/Director, Cindy Diaz.

SUPERVISOR'S NAME: Michael Duarte	TELEPHONE: (559) 650-7874
LICENSING EVALUATOR NAME: Juvenal Moctezuma	TELEPHONE: (559) 580-0275
LICENSING EVALUATOR SIGNATURE:	DATE: 02/28/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/28/2022

LIC9099 (FAS) - (06/04)

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