198016764-11-9-2023-33-CC-BVON-CY9SSW-20231206130838

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 198016764
Report Date: 10/31/2023
Date Signed: 11/09/2023 09:22:44 AM

Substantiated

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 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
10/25/2023 and conducted by Evaluator Roxana Lopez

PUBLIC

COMPLAINT CONTROL NUMBER: 33-CC-20231025112750

FACILITY NAME:	AKITOI LEARNING CENTER LLC		FACILITY NUMBER:	198016764
ADMINISTRATOR:	ZULLY CORTEZ		FACILITY TYPE:	850
ADDRESS:	1824 CENTRAL AVENUE		TELEPHONE:	(626) 283-5542
CITY:	SOUTH EL MONTE	STATE: CA	ZIP CODE:	91733
CAPACITY:	98	CENSUS: 34	DATE:	10/31/2023
		UNANNOUNCED	TIME BEGAN:	09:55 AM
MET WITH:	Ofelia Aguilar Director		TIME COMPLETED:	04:00 PM

ALLEGATION(S):

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Staff left child outside unattended

INVESTIGATION FINDINGS:

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---------------------------------------------------This is an Ammended Report -------------------------------------- Licensing Program Analyst (LPA) Roxana Lopez conducted an unannounced complaint investigation to investigate a complaint that was received on 10/25/2023. A COVID risk assessment was conducted. LPA met with Director Ofelia Aguilar who guided analysts on a tour of the facility. There was 34 children present.

Throughout the course of the investigation, interviews were conducted with staff and declerations were obtained. LPA also reviewed and obtained copies of children’s roster and unusual incident report.

Information provided by the complainant alleges that on 10/24/2023 staff left child #1 unnattended in the playground for 20 minutes. Per complainant playground becomes opened to the public at 2 pm, a couple observed child unattended and called the police. The facility submited incident report to the department on 10/24/2023.
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Substantiated

Estimated Days of Completion:

SUPERVISORS NAME: Brandi VanOosten
LICENSING EVALUATOR NAME: Roxana Lopez
LICENSING EVALUATOR SIGNATURE:	DATE: 10/31/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/31/2023

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 4

Control Number 33-CC-20231025112750

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 CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: AKITOI LEARNING CENTER LLC	FACILITY NUMBER: 198016764
	VISIT DATE: 10/31/2023

NARRATIVE

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Pertaining to the allegation staff left child outside unattended, LPA conducted interviews with (4) four staff. Staff # 1-4 corroborated that child # 1 was left outside on the playground unattended for approximately 15-20 minutes. Per Staff # 1 (Site Supervisor) she was coming back from lunch when she was informed that there were police officers outside in the playground. As she went to check she observed two police officers with child # 1 as they were coming into the classroom. Staff # 2 and 3 corroborated that they took 14 children outside in the afternoon as they were coming back inside they conducted a head count, however some children were not cooperating and believe that's when child # 1 ran and hid. Once inside staff continued with routine and once they were passing out names 15-20 minutes later they noticed child # 1 was missing. Per Staff # 3 they checked outdoors and observed child # 1 with two police officers and a couple. Police officers were led inside the facility and confirmed child belonged to the program and left. Staff # 2 and 3 stated that they asked child # 1 where they hid- per staff child disclosed hiding in the playhouse. Additionally, Staff # 1-4 corroborated that playground becomes opened to the public at 2:00 pm. Per Staff # 1 they are unaware if gates were opened on the day of the incident. Staff # 2 and # 3 corroborated that public gates for the playground leading to the street were opened before going inside. Staff # 4 (Director) disclosed that they were off the day of the incident- but typically gates would be opened at 2:00 pm for the public. LPA took pictures of the playhouse where child # 1 said they hid and obtained measurements. The playhouse is approximately 29 feet from the entrance of the facility and approximately 39 feet from opened public gates.

This poses an immediate health and safety risk to children in care- Civil Penalties of $500 were assessed on this date for zero tolerance violation for Absence of Supervision. Title 22 Regulation 101229 Responsibility for Providing Care and Supervision (a)The licensee shall provide care and supervision as necessary to meet the children's needs. (1)No child(ren) shall be left without the supervision of a teacher at any time.

This agency has investigated the complaint alleging staff left child outside unattended. Based on LPA’s observations and interviews which were conducted and record reviews, the preponderance of the evidence standard has been met, ---------------------------------------- pg. 2 of 3 -----------------------------------------------------------------

SUPERVISORS NAME: Brandi VanOosten
LICENSING EVALUATOR NAME: Roxana Lopez
LICENSING EVALUATOR SIGNATURE:	DATE: 10/31/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/31/2023

LIC9099 (FAS) - (06/04)

Page: 2 of 4

Control Number 33-CC-20231025112750

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 CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: AKITOI LEARNING CENTER LLC	FACILITY NUMBER: 198016764
	VISIT DATE: 10/31/2023

NARRATIVE

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therefore the above allegations are found to be SUBSTANTIATED. California Code of Regulations, (Title 22, Division 12 & Chapter 3 (FCC) (1 DCC) number) are being cited on the attached LIC9099D.

LPA Roxana Lopez informed Facility Representativea Ofelia Aguilar and Kenia Villegas that this report dated 10/31/2023 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.

Also, LPA Roxana Lopez informed the facility representative to provide a copy of this licensing report dated 10/31/2023 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.

A notice of site visit was given and must remain posted for 30 days.

Exit interview conducted and report was reviewed with Director Ofelia Aguilar and Site Supervisor Kenia VIllegas

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SUPERVISORS NAME: Brandi VanOosten
LICENSING EVALUATOR NAME: Roxana Lopez
LICENSING EVALUATOR SIGNATURE:	DATE: 10/31/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/31/2023

LIC9099 (FAS) - (06/04)

Page: 3 of 4

Control Number 33-CC-20231025112750

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 CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: AKITOI LEARNING CENTER LLC	FACILITY NUMBER: 198016764
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 10/31/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 10/31/2023 Section Cited CCR 101229(a)(1)	1 2 3 4 5 6 7	101229:Responsibility for Providing Care and Supervision, The licensee shall provide care and supervision as necessary to meet the children's needs. No child(ren) shall be left without the supervision of a teacher at any time, Sup... shall include visual observation.	1 2 3 4 5 6 7	Per Director, they have implemented a plan to keep track of children. Director will conduct a meeting with staff to discuss deficiency and submit meeting notes and a declration of plan moving forward to ensure supervision by 11/6/2023.
	8 9 10 11 12 13 14	This requirement was not met as evidenced by:Based on interviews, the licensee did not comply with the section cited above in that Child # 1 was left outside unattended for 15-20 mins which poses/posed an immediate health, safety or personal rights risk to persons 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.

SUPERVISORS NAME: Brandi VanOosten
LICENSING EVALUATOR NAME: Roxana Lopez
LICENSING EVALUATOR SIGNATURE:	DATE: 10/31/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/31/2023

LIC9099 (FAS) - (06/04)

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