191870697-7-8-2019-54-CC-CGUA-BDZMUR-20190712095532

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 191870697
Report Date: 07/08/2019
Date Signed: 07/08/2019 04:31:04 PM

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CENTER DR 200B
MONTEREY PARK, CA 91754

This is an official report of an unannounced visit/investigation of a complaint received in our office on
04/16/2019 and conducted by Evaluator Janeth Chavez

PUBLIC

COMPLAINT CONTROL NUMBER: 54-CC-20190416115300

FACILITY NAME:	EASTMAN AVENUE EARLY EDUCATION CENTER		FACILITY NUMBER:	191870697
ADMINISTRATOR:	ELIZABETH MARES		FACILITY TYPE:	850
ADDRESS:	1266 S. GAGE		TELEPHONE:	(323) 268-7408
CITY:	LOS ANGELES	STATE: CA	ZIP CODE:	90023
CAPACITY:	114	CENSUS: 62	DATE:	07/08/2019
		UNANNOUNCED	TIME BEGAN:	12:50 PM
MET WITH:	Irving Guzman		TIME COMPLETED:	04:45 PM

ALLEGATION(S):

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Personal Rights: Staff members hit child

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Janeth Chavez conducted an inspection regarding the above complaint allegation and to deliver findings. LPA met with Mr. Irving Guzman and toured the facility indoors and outdoors. The Director was not present upon LPA’s arrival. Mrs. Mares arrived approximately 15 minutes later. There are 62 napping children and 8 staff present. Teacher-child ratio is met.

During the investigation LPA conducted interviews with staff, complainant, and children. The complainant stated that staff members hit child. RP stated that on 03/25/2019 and again on 04/12/2019 Child #1 was hit by staff. Complainant stated that on 03/28/2019, Staff #1 hit Child #1 twice with the back of her hand on the child's forehead while handing a napkin to Child #1. Child #1 sustained a bump on the forehead, pictures provided by complainant. Child #1 demonstrated the motions of Staff #1 on complainant’s forehead. On 04/12/2019, Staff #2 hit Child #1 on left arm for not sleeping. LPA interviewed Child #1 but there were no disclosures made by Child #1. However, Child #2 who sleeps next to and is in the same classroom as Child #1, witnessed Staff #2 hit Child #1 on the left arm for not sleeping during nap time. Report Continues on LIC 9099 page 1 of 2

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Claudia Guangorena	TELEPHONE: (323) 981-3417
LICENSING EVALUATOR NAME: Janeth Chavez	TELEPHONE: (323) 981-3376
LICENSING EVALUATOR SIGNATURE:	DATE: 07/08/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/08/2019

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 3

Control Number 54-CC-20190416115300

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CENTER DR 200B
MONTEREY PARK, CA 91754

FACILITY NAME: EASTMAN AVENUE EARLY EDUCATION CENTER	FACILITY NUMBER: 191870697
	VISIT DATE: 07/08/2019

NARRATIVE

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LPA interviewed Staff #1 and #2 but there were no disclosures made by either staff. Staff #3 contacted East Los Angeles Sheriff's Department on 04/16/2019. Staff #3 stated that deputies came to the center on 05/01/2019 and interviewed Staff #2. LPA contacted the East Los Angeles Sheriff's Department but there was no incident report on file. Copy of Report Information and Victim's Bill of Rights was provided to Staff #3 by the deputies who came out and a copy was provided to LPA by Staff #3.

Based on LPAs observations and interviews which were conducted and record reviews, the preponderance of the evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations, Title 22 101223(a)(3) Personal Rights are being cited on the attached LIC 9099.

A copy of this report shall be provided to the parent/guardian of children currently enrolled by the next business day or immediately upon return. A copy of this report shall also be provided to the parent/guardian of any newly enrolled children for the next 12 months (1 year). Acknowledgement of Receipt (LIC 9224 form) must be maintained in each child’s file immediately upon receipt from parent. Licensee was provided with a copy of the Acknowledgement of Receipt of Licensing Reports (LIC 9224) Form during this visit.

The Notice of Site Visit (LIC 9213) must remain posted for 30 days during the hours of operation after each site visit by a licensing representative. Failure to maintain posting as required will result in a civil penalty of $100.00.

Exit interview conducted with Elizabeth Mares, during which appeal rights were given and explained. A copy of the Appeal Rights (LIC 9058 01/16) was provided. The Licensee’s signature on this report acknowledges receipt of rights.

SUPERVISOR'S NAME: Claudia Guangorena	TELEPHONE: (323) 981-3417
LICENSING EVALUATOR NAME: Janeth Chavez	TELEPHONE: (323) 981-3376
LICENSING EVALUATOR SIGNATURE:	DATE: 07/08/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/08/2019

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 54-CC-20190416115300

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CENTER DR 200B
MONTEREY PARK, CA 91754

FACILITY NAME: EASTMAN AVENUE EARLY EDUCATION CENTER	FACILITY NUMBER: 191870697
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 07/08/2019

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 07/22/2019 Section Cited CCR 101223(a)(3)	1 2 3 4 5 6 7	Personal Rights 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 toiletting.	1 2 3 4 5 6 7	Mrs. Mares stated she will review with all staff the following: District Policies on abolition of Corporal Punishment, Child Abuse, Title 22-Personal Rights 101223(a)(3), strategies to use during children's nap time and will have staff take AB1207-Mandated Reporting Training for all staff. Mrs. Mares will provide by POC date 7/22/19.
	8 9 10 11 12 13 14	This requirement is not met as evidenced by disclosures made by Child #2 who witnessed, on 04/12/2019, Staff #2 hit Child #1 on the left arm for not sleeping during nap time. Also, on 03/28/2019, Staff #1 hit Child #1 twice on the forehead while handing a napkin to Child #1. This is an immediate health and safety 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: Claudia Guangorena	TELEPHONE: (323) 981-3417
LICENSING EVALUATOR NAME: Janeth Chavez	TELEPHONE: (323) 981-3376
LICENSING EVALUATOR SIGNATURE:	DATE: 07/08/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/08/2019

LIC9099 (FAS) - (06/04)

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