198019481-9-6-2019-33-CC-AHEZ-BG6NJ5-20190919102944

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 198019481
Report Date: 09/06/2019
Date Signed: 09/06/2019 11:05:51 AM

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
07/01/2019 and conducted by Evaluator Mireya Garcia

PUBLIC

COMPLAINT CONTROL NUMBER: 33-CC-20190701084618

FACILITY NAME:	TOMORROWLAND ACADEMY		FACILITY NUMBER:	198019481
ADMINISTRATOR:	CLAIRE CHOU		FACILITY TYPE:	850
ADDRESS:	4126 N PECK RD		TELEPHONE:	(626) 401-2489
CITY:	EL MONTE	STATE: CA	ZIP CODE:	91732
CAPACITY:	98	CENSUS: 50	DATE:	09/06/2019
		UNANNOUNCED	TIME BEGAN:	09:08 AM
MET WITH:	Claire Chou, Director		TIME COMPLETED:	11:10 AM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Staff failed to adhere to the parent hand book policy.

INVESTIGATION FINDINGS:

1
2
3
4
5
6
7
8
9
10
11
12
13

Licensing Program Analyst (LPA) Mireya Garcia, arrived unannounced at the facility for the purpose of presenting the findings of the complaint investigation for the allegation listed above. LPA met with Director Claire Chou who guided analyst on a tour. Census was taken.

Information provided by the complainant indicates that the staff failed to adhere to the parent hand book policy when services for child were terminated and believes child was treated unfairly since they were not given a reason for immediate termination.

Interviews were conducted with Complainant and Staff. Documentation gathered in the form of the current Roster of Children, Employee Handbook, Parent Handbook, signed "Admission Agreement," blank enrollment packet for applicants, and a copy of a two-week written termination notice from complainant/written termination notification for child from the school.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Adriana Hernandez	TELEPHONE: (323) 981-3362
LICENSING EVALUATOR NAME: Mireya Garcia	TELEPHONE: (323) 981-3350
LICENSING EVALUATOR SIGNATURE:	DATE: 09/06/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/06/2019

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 33-CC-20190701084618

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: TOMORROWLAND ACADEMY	FACILITY NUMBER: 198019481
	VISIT DATE: 09/06/2019

NARRATIVE

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32

LPA received a copy of the written termination of employment for complainant in addition, the letter also addresses the immediate termination for complainant’s child with no reason as to why child’s services are being terminated. It was determined that the complainant did not receive a reason and the End of Agreement reasons to terminate do not apply to complainant. Director stated that child’s services were terminated due to interest of conflict. However, when LPA Garcia asked Director to demonstrate where in the parent handbook under the “End of Agreement” section is interest of conflict listed as a reason for termination, Director was unable to point out. Staff interviews concur that a reason for termination of child care services was not communicated verbally or by written notification to complainant.

Based on LPAs observations and interviews which were conducted, and record review, the preponderance of evidence standard has been met, therefore the above allegation is found to be substantiated. California Code of Regulations, Title 22, Division 12, Chapter 1, the following deficiencies are being cited (see attached 9099D).

Exit interview conducted with Director Claire Chou. A copy of the Appeal Rights (LIC 9058 FAS 01/16) were given and explained. Director’s signature on this form acknowledges receipt of these rights.

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.

SUPERVISOR'S NAME: Adriana Hernandez	TELEPHONE: (323) 981-3362
LICENSING EVALUATOR NAME: Mireya Garcia	TELEPHONE: (323) 981-3350
LICENSING EVALUATOR SIGNATURE:	DATE: 09/06/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/06/2019

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 33-CC-20190701084618

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: TOMORROWLAND ACADEMY	FACILITY NUMBER: 198019481
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 09/06/2019

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 09/20/2019 Section Cited CCR 101219(7)(f)	1 2 3 4 5 6 7	101219-Admission Agreements: (7) Conditions under which the agreement may be terminated. (f) The licensee shall comply with all terms and conditions set forth in the admission agreement.	1 2 3 4 5 6 7	Director provided parent handbook revision where a clause has been added on page 6 under End of Agreement section h) reads: Interest conflict. Director also provided a copy of the newsletter for September where parents are being notified of the updated parent handbook version. However, per Director not all enrolled parent’s have signed the new version of the parent handbook. Director will have all parents who are enrolled sign new version of parent handbook.
	8 9 10 11 12 13 14	This requirement is not met as evidenced by LPAs interviews and documentation obtained during investigation reveal that the facility did not properly terminated a child's services within the guidelines of the admissions agreement/Parent Handbook.	8 9 10 11 12 13 14	Per Director the employee handbook will be revised with adding a clause specifically, for employees/parents that work at the facility and if when they are terminated or if they resign as employees; a statement will be added where it will address the end of agreement clause for the employee’s child care services.
	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: Adriana Hernandez	TELEPHONE: (323) 981-3362
LICENSING EVALUATOR NAME: Mireya Garcia	TELEPHONE: (323) 981-3350
LICENSING EVALUATOR SIGNATURE:	DATE: 09/06/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/06/2019

LIC9099 (FAS) - (06/04)

Page: 3 of 3