198019672-3-11-2024-33-CC-ACHO-D3LMX6-20240322095927

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 198019672
Report Date: 03/11/2024
Date Signed: 03/11/2024 02:54:03 PM

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
03/04/2024 and conducted by Evaluator Jennifer Hua

PUBLIC

COMPLAINT CONTROL NUMBER: 33-CC-20240304111041

FACILITY NAME:	YMCA EARLY LEARNING CENTER		FACILITY NUMBER:	198019672
ADMINISTRATOR:	MARLEE OVALLES		FACILITY TYPE:	850
ADDRESS:	22600 SUNSET CROSSING ROAD		TELEPHONE:	(909) 860-9622
CITY:	DIAMOND BAR	STATE: CA	ZIP CODE:	91765
CAPACITY:	63	CENSUS: 43	DATE:	03/11/2024
		UNANNOUNCED	TIME BEGAN:	11:30 AM
MET WITH:	Jamie Le & Marlee Ovalles (Enriquez)		TIME COMPLETED:	03:00 PM

ALLEGATION(S):

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Staff commingle daycare children

INVESTIGATION FINDINGS:

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Complaint inspection conducted by Licensing Program Analyst (LPA) Jennifer Hua. Upon entry, LPA was greeted by staff Jaime Le. Staff informed LPA that director is assisting in with a class and stated they are coming in to room #4 and said that director asked LPA to go to room #4. LPA went to room #4 and observed director is assisting in the classroom with one other staff. LPA observed 16 children in room #4. LPA waited in room #4, children were getting ready for lunch. Director stated that she won't be away to step away until nap time so ratio can be met. Director alllowed LPA to take a tour on her own. At 11:46am, LPA took a tour and the following were observed: Room #3, 13 children with 2 staff, Room #2, 7 children with 2 staff and Room #1 (Toddler Room) 7 children with 3 staff. Executive Program Director, Monique Mabunay arrived during visit. The purpose of the visit was announced.

During the inspection, director and day care staff were interviewed. Teacher qualifications were also reviewed.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Ana Chico	TELEPHONE: (323) 981-3374
LICENSING EVALUATOR NAME: Jennifer Hua	TELEPHONE: (323) 981-3375
LICENSING EVALUATOR SIGNATURE:	DATE: 03/11/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/11/2024

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-20240304111041

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: YMCA EARLY LEARNING CENTER	FACILITY NUMBER: 198019672
	VISIT DATE: 03/11/2024

NARRATIVE

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It was alleged that, there are many times during a week, rooms are being combined and kids of different ages are being put together. However, no specific room, date or time was provided. Complaint was reported anonymously.

Interviews were conducted with director and day care staff.

According to director, children that are age two from the Toddler Option room are co-mingled with preschool children in Room #2 prior to transition to the preschool room and at times to meet the ratio. According to director, parents are notified that day when their child will be placed in the preschool room and the date when their child will be officially moved to the preschool room. Staff interviewed also confirmed that children from the Toddler Option room that are age two are comingled with the preschool children for about 2 weeks prior to transition and they are comingled either in the morning or afternoon for a period of 3 hours.

This agency has investigated the complaint alleging staff co-mingle day care children. Based on LPA's interviews which were conducted, the preponderance of evidence standard has been met, therefore the above allegation is found to be substantiated. California Code of Regulations, Title 22 are being cited on the attached LIC 9099D.

Upon receipt of this report documenting a substantiated complaint allegation and a Type A deficiency, the licensee shall do the following:
1. Post the Notice of Site visit and any licensing report documenting a Type “A” deficiency.
2. The report and the Notice of Site visit shall be posted for 30 consecutive days. Failure to maintain posting as required, will result in an immediate $100 civil penalty.
3. 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).
4. The Acknowledgement form (LIC 9224) must be maintained in each child’s file immediately upon receipt from parent. A copy of the parent Acknowledgement of Receipt of Licensing Reports Form was provided during this visit.

Exit interview was conducted with director, Marlee Ovalles (Enriquez), including, but not limited to Provider Rights, Appeal Procedures and Agencies Consultative Role. .

SUPERVISOR'S NAME: Ana Chico	TELEPHONE: (323) 981-3374
LICENSING EVALUATOR NAME: Jennifer Hua	TELEPHONE: (323) 981-3375
LICENSING EVALUATOR SIGNATURE:	DATE: 03/11/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/11/2024

LIC9099 (FAS) - (06/04)

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Control Number 33-CC-20240304111041

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: YMCA EARLY LEARNING CENTER	FACILITY NUMBER: 198019672
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 03/11/2024

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 03/12/2024 Section Cited CCR 101161(a)	1 2 3 4 5 6 7	Limitations on Capacity. A licensee shall not operate a child care center beyond the conditions and limitations specified on the license, including the capacity limitation. The requirement is not met as evidenced by: Based on interviews conducted with director	1 2 3 4 5 6 7	Per director, effective tomorrow, children from the Toddler Option component will no longer be co-mingled with preschool children to ensure compliance at all times. Written statement provided to LPA during visit.
	8 9 10 11 12 13 14	and staff, children age 2 from the Toddler Option are comingled with preschool children prior to transittion and at times to meet the ratio. This poses 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: Ana Chico	TELEPHONE: (323) 981-3374
LICENSING EVALUATOR NAME: Jennifer Hua	TELEPHONE: (323) 981-3375
LICENSING EVALUATOR SIGNATURE:	DATE: 03/11/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/11/2024

LIC9099 (FAS) - (06/04)

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