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13 | On 03/26/2024, Licensing Program Analysts (LPAs) Joe Katrdzhyan and Lilia Hernandez conducted an unannounced visit to the above-mentioned facility to deliver findings of a complaint investigation. LPAs arrived at the facility at 8:15AM and was greeted by Mariela Cortez, Designee and Jade Caldwell, Teacher. LPAs were later met by one of the Licensee’s, Artea "Peaches" Kirkland, who guided LPAs on a tour of the facility. There were 29 children, and 6 staff upon arrival.
The investigation conducted by LPA Hernandez, included interviews, records were reviews, and observation in the facility. LPA Hernandez obtained a copy of the facility roster and other pertinent information. As part of the investigation, LPA Hernandez was accompanied by Investigator Lorraine Patterson, on 03/20/2024, to interview Staff#1 in relation to the above-mentioned allegation.
Details provided by Witness#1 describe that on 03/14/2024, S1 walked toward Child #1 (C1) and grabbed them by both arms, C1 struggled to get away. The witness account also describes that five (5) other children were in the classroom in a standing position bending forward touching their toes while the incident occurred.---Page 1 of 2 |
Substantiated | Estimated Days of Completion: |
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NARRATIVE |
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32 | C1 struggled to release themselves from S1 when they both fell onto the floor. S1 fell forward almost landing on top of C1. S1 then grabbed C1 by the legs lifting them up off the floor carrying C1 upside down, swinging the child’s body and then laying C1 on their back atop of a table, restraining them by pressing the child’s legs into their abdomen. S1 again lifted C1 off of the table carrying C1 upside down into the hallway. Meanwhile, the (5) five children in the classroom remained in the standing position bending down touching their toes.
On 03/20/2024, during the interview of Staff#1, Staff #1 confirmed and validated that they did restrain Child #1 to correct Child#1’s behavior. During interviews conducted with staff, Staff #2 and Staff #3 disclosed that Staff#1 made 5 other children (Child #2 – Child #6) bend down, touch their toes, and stay in the bent position as a punishment to correct the misbehavior of Child #2 through Child #6. Staff #2 and Staff #3 further disclosed that Staff #1 informed Staff #3 that Child #1 was misbehaving. As a result, Staff #3 (who is a family relative of Child #1) took Child#1 into a room in the facility and physically punished Child#1, and then forced Child #1 to apologize to Staff #1 and Staff #2.
Based on the investigation conducted by the Department the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. The facility is being cited for the following:
Two Type A deficiencies related to Health and Safety Code Section 1596.8897(a)(2) Conduct Inimical,
Two Type A deficiencies related to California Code of Regulations, Title 22, Division 12 Chapter 1, 102423(a)(3) Personal Rights, and One Type A deficiency related to California Code of Regulations, Title 22, Division 12 Chapter 1, 101216(j) Personnel Requirements.
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). The Acknowledgement form must be maintained in each child’s file immediately upon receipt from parent. Licensee/Director was provided with a copy of the parent Acknowledgement of Receipt of Licensing Reports Form during this visit.
The Notice of Site Visit 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.
An exit interview was conducted with Artea "Peaches" Kirkland, Licensee. ---Page 2 of 2 |
Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type A
04/01/2024
Section Cited
HSC
1596.8897(a)(2) | 1
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7 | Conduct Inimical (2) Engaged in conduct that is inimical to the health, morals, welfare, or safety of either an individual in or receiving services from the facility. . . | 1
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7 | Per Licensee, all staff, paid and volunteers, will participate in a service training that includes: Personal Rights, Care and Supervison, Mandated Reporting. Agenda, attendance sheets with signatures will be submitted to LPA via emial by 4/1/2024. |
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14 | This requirement was not met as evidenced by Licensee allowing staff to physically abuse children as a means of discipline, including restraints, humiliation, rough handling, shaking and intimidation of Child #1 through #6 by Staff. Based on Interviews with S1-S3, Witnesses, and S1’s admission on 03/20/2024, this poses an immediate health, safety, and personal rights risk to children in care. | 8
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Type A
04/01/2024
Section Cited
CCR
101223(a)(3) | 1
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7 | Personal Rights (a)The Licensee shall ensure that each child is accorded the following personal rights: (3) 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. . . | 1
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7 | Per Licensee, all staff, paid and volunteers, will participate in a service training that includes: Personal Rights, Care and Supervision, Mandated Reporting. Agenda, attendance sheets with signatures will be submitted to LPA via email by 4/1/2024. |
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14 | This requirement was not met as evidenced by Licensee allowing corporal punishment, and physical abuse based on interviews with S1-S3, Witnesses, and S1’s admission that on 03/14/2024, S1 physically restrained, shook, & lifted Child#1 upside down, as a means of punishment. This poses an immediate health, safety, and personal rights risk to children in care. | 8
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Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type A
04/01/2024
Section Cited
CCR
101223(a)(3) | 1
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7 | Personal Rights
(a) The Licensee shall ensure that each child is accorded the following personal rights:
(3) 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:
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7 | Per Licensee, all staff, paid and volunteers, will participate in a service training that includes: Personal Rights, Care and Supervision, Mandated Reporting. Agenda, attendance sheets with signatures will be submitted to LPA via email by 4/1/2024. |
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14 | This requirement was not met as evidenced by Licensee allowing intimidation and humiliation of children. Based on interviews conducted and admission made indicating that Child #2, Child #3, Child #4, Child #5 and Child #6 were made to stand in a bent down position touching their toes to correct their behaviors while S1 was restraining Child#1 which poses an immediate health, safety, and personal rights risk to children in care. | 8
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Type A
04/01/2024
Section Cited
CCR
1596.8897(a)(2) | 1
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7 | Conduct Inimical
(2) Engaged in conduct that is inimical to the health, morals, welfare, or safety of either an individual in or receiving services from the facility. . .
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7 | Per Licensee, all staff, paid and volunteers, will participate in a service training that includes: Personal Rights, Care and Supervision, Mandated Reporting. A separate meeting will be had with S3 regarding personal rights violation and disciplinary actions. Agenda, attendance sheets with signatures, and written statement of detailing meeting outcomes will be submitted to LPA via email by 4/1/2024. |
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14 | This requirement was not met as evidenced by Licensee failed to safeguard C1’s personal rights by allowing & encouraging S3 to spank C1 in the facility. Interview of S3 revealed that they are an employee of the facility and a relative of C1 and having been misled by S1 about C1’s misbehavior, they physically punished C1.
This poses an immediate health, safety, and personal rights risk to children in care. | 8
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Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type A
04/01/2024
Section Cited
CCR
101216(j) | 1
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7 | Personnel Requirements
(j)Personnel shall provide for the care and safety of children without physical or verbal abuse, exploitation, or prejudice. | 1
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7 | Per Licensee, all staff, paid and volunteers, will participate in a service training that includes: Personal Rights, Care and Supervision, Mandated Reporting. Agenda, attendance sheets with signatures will be submitted to LPA via email by 4/1/2024. |
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14 | This requirement was not met as evidenced by Licensee allowing physical abuse of 6 children, based on interviews conducted with S1, S2 & S3 who have failed to safeguard C1 from corporal punishment when S3 physically punished C1 as a form of discipline, and S1 restrained C1, which poses an immediate health, safety, and personal rights risk to children in care. | 8
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