198010485-2-6-2024-33-CC-CGAN-D2US2V-20240227123011

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 198010485
Report Date: 02/02/2024
Date Signed: 02/06/2024 12:50:56 PM

Substantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
L.A. DAY CARE-EAST, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

This is an official report of an unannounced visit/investigation of a complaint received in our office on
12/07/2023 and conducted by Evaluator Cynthia Reyes

PUBLIC

COMPLAINT CONTROL NUMBER: 33-CC-20231207145515

FACILITY NAME:	FOOTHILL CHRISTIAN PRESCHOOL		FACILITY NUMBER:	198010485
ADMINISTRATOR:	VICKY GUTZWILLER		FACILITY TYPE:	850
ADDRESS:	301 E. ROUTE 66		TELEPHONE:	(626) 963-8216
CITY:	GLENDORA	STATE: CA	ZIP CODE:	91740
CAPACITY:	252	CENSUS: 172	DATE:	02/02/2024
		UNANNOUNCED	TIME BEGAN:	12:45 PM
MET WITH:	Vicky Gutzwiller, Center Director		TIME COMPLETED:	05:31 PM

ALLEGATION(S):

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Personal Rights- Staff forced day-care child to nap

INVESTIGATION FINDINGS:

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Licensing Program Analysts (LPA) Cynthia Reyes conducted an unannounced site inspection to present the findings of the above complaint allegation. This inspection is to ensure the health and safety standards as required by the regulations governing child care centers are met. LPA met with Vicky Gutzwiller, Center Director, who the complaint was gone over. Census of children who were in the facility on this date was taken.

During the course of this investigation, LPA conducted Interviews, received and reviewed documents and video, as well as LPA own observations of the facility and video footage of the incident.

Reporting Party (RP) alleged: Staff forced day-care child to nap. Staff #1 pinned a two-year-old child (child #1) down and covered his mouth because the child was crying during nap time. Interviews were conducted with staff #1 though staff #5 and or declarations obtained.
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Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Christina Gabelman	TELEPHONE: (323) 981-3380
LICENSING EVALUATOR NAME: Cynthia Reyes	TELEPHONE: (323) 981-3369
LICENSING EVALUATOR SIGNATURE:	DATE: 02/02/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/02/2024

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 33-CC-20231207145515

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
L.A. DAY CARE-EAST, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: FOOTHILL CHRISTIAN PRESCHOOL	FACILITY NUMBER: 198010485
	VISIT DATE: 02/02/2024

NARRATIVE

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Interviews conducted found corroborating statements that staff #1 placed both her hands on the child’s chest to hold him down to stay on his cot and sleep and staff #1, also cupped her hand and covered child #1 mouth in order to cover up his screaming and from interrupting the other children in the classroom from sleeping. This was witnessed by staff #2 who brought the incident to staff #4 attention. Video footage of the incident was also observed, by the LPA and the facilities administrative staff. In the video it was observed that staff #1 also had grabbed the child by one arm and laid him forcefully down on his back on the cot. Per interviews it was stated that yes it was forcefully done, and other interviews stated no it was not. Per observation of the video, it does look rough, however it is hard to determine. (LPA obtained a copy of the video) Staff #1 admitted to placing both hands on the child’s chest and stated she did that to ground the child. Staff #1 also admitted to cupping the child’s mouth with her hand to stop the child from screaming and from waking the other children from napping. Per staff #1 she also stated she does not specifically remember grabbing the child by the arm and laying him down, the only thing I will say is his behavior was such that I could see that some of my actions looked bad, but he squirmed, and he would fight you and it may look like I was being forceful and I was not. During interviews it was disclosed that in child #1 regular class room (Room C), they would put the child’s cot up against a wall in the corner and place a piece of furniture against the other side of the cot and a staff member would sit at the end of the cot in order to block him in and in order to get him to stop what he was doing and nap in that area on his own.

Based on interviews conducted, observation of video footage and staff #1 admittance, Staff forced day-care child to nap, by placing hands on child chest while laying down, by cupping the child's mouth to stop screaming and placing child to nap in an enclosed area, the allegation is deemed SUBSTANTIATED. The allegation is valid because the preponderance of the evidence has been met, therefore, the above allegation is found to be SUBSTANTIATED. California Code of Regulations, 101229(a)(1), the deficiency is being cited on the attached LIC 9099D.

LPA C. Reyes informed Director Vicky Gutzwiller, that this report dated 02/02/2024 document(s) 1 Type A citation(s) which shall be posted for 30 consecutive days as there is/are immediate risk(s) to the health, safety, or personal rights of children in care.
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SUPERVISOR'S NAME: Christina Gabelman	TELEPHONE: (323) 981-3380
LICENSING EVALUATOR NAME: Cynthia Reyes	TELEPHONE: (323) 981-3369
LICENSING EVALUATOR SIGNATURE:	DATE: 02/02/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/02/2024

LIC9099 (FAS) - (06/04)

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Control Number 33-CC-20231207145515

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
L.A. DAY CARE-EAST, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: FOOTHILL CHRISTIAN PRESCHOOL	FACILITY NUMBER: 198010485
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 02/02/2024

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 02/07/2024 Section Cited CCR 101223(a)(3)	1 2 3 4 5 6 7	Personal Rights: The licensee shall ensure that each child is accorded the following 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:	1 2 3 4 5 6 7	The Director will review the Department's Child Care Video Series at https://ccld.childcarevideos.org/ which will assist with increasing the understanding of the Department's role on protecting the health and safety of children. Videos to include: Children's Personal Rights in Child Care
	8 9 10 11 12 13 14	interference with functions of daily living including eating, sleeping or toileting........ This requirement was not met as evidence by: Based on interviews conducted, observation of video footage and staff #1 admittance, Staff forced day-care child to nap, by placing hands on child chest while laying down, by cupping the child's mouth to stop screaming and placing child to nap in an enclosed area . This poses an immediate health and safety risk to children in care.	8 9 10 11 12 13 14	and Supervising Children in Child Care Centers. Director will review the website and decide what other training's can be utilized. Director will submit a copy of a staff agenda with the videos watched and trained on and signatures of staff who attended. Director states has removed staff #1 from the preschool.
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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: Christina Gabelman	TELEPHONE: (323) 981-3380
LICENSING EVALUATOR NAME: Cynthia Reyes	TELEPHONE: (323) 981-3369
LICENSING EVALUATOR SIGNATURE:	DATE: 02/02/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/02/2024

LIC9099 (FAS) - (06/04)

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Control Number 33-CC-20231207145515

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
L.A. DAY CARE-EAST, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: FOOTHILL CHRISTIAN PRESCHOOL	FACILITY NUMBER: 198010485
	VISIT DATE: 02/02/2024

NARRATIVE

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Also, LPA C. Reyes informed the licensee to provide a copy of this licensing report dated 02/02/2024 that documents any Type A citation(s) to parents/guardians of all children currently enrolled by the next business day or the next day the children are in care, and to any newly enrolled parents/guardians for 12 months from the date of this report. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224), or other written statement, must be placed in the child's file for verification.

Notice of site visit was given and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.

Exit interview conducted with Director Vicky Gutzwiller and a copy of this report and appeal rights were given

SUPERVISOR'S NAME: Christina Gabelman	TELEPHONE: (323) 981-3380
LICENSING EVALUATOR NAME: Cynthia Reyes	TELEPHONE: (323) 981-3369
LICENSING EVALUATOR SIGNATURE:	DATE: 02/02/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/02/2024

LIC9099 (FAS) - (06/04)

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