200407399-4-13-2022-04-CC-SFAG-CE3UG7-20220503153352

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 200407399
Report Date: 04/13/2022
Date Signed: 04/13/2022 11:15:00 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, 1310 E. SHAW AVE,
FRESNO, CA 93710

This is an official report of an unannounced visit/investigation of a complaint received in our office on
03/09/2022 and conducted by Evaluator Ruby Ocegueda

COMPLAINT CONTROL NUMBER: 04-CC-20220309140952

FACILITY NAME:	JOYFUL NOISE CHILD DEVELOPMENT CENTER		FACILITY NUMBER:	200407399
ADMINISTRATOR:	SIMON, LINDA		FACILITY TYPE:	850
ADDRESS:	40299 HWY 49		TELEPHONE:	(559) 683-8663
CITY:	OAKHURST	STATE: CA	ZIP CODE:	93644
CAPACITY:	84	CENSUS: 39	DATE:	04/13/2022
		UNANNOUNCED	TIME BEGAN:	09:25 AM
MET WITH:	Carissa Cederblon		TIME COMPLETED:	11:30 AM

ALLEGATION(S):

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Staff caused injuries to a daycare child

INVESTIGATION FINDINGS:

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On 4/13/2022, Licensing Program Analyst (LPA) Ocegueda conducted a complaint inspection at the facility for the purposes of delivering the finding to the above listed allegation. LPA met with Administrator Carissa Cederblom, toured the facility and took a census.

During the course of the investigation, LPA Ocegueda collected facility records and conducted multiple interviews of the reporting party, staff, parents, children and local law enforcement agency staff. LPA also obtained records from the Madera County Sheriff’s Department.

LPA Ocegueda investigated the allegation indicating that facility staff caused injuries to a day care child on 2/24/2022. LPA observed photos of the injuries that showed markings under child #1 arms, near his/her arm pit area. Multiple interviews revealed that staff #1’s nails were longer than usual and caused the markings. There is no indication that staff intentionally caused the markings or knew that she/he had caused the markings while moving child during his/her tantrum. Report continued to 9099-C

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Michael Duarte	TELEPHONE: (559) 650-7874
LICENSING EVALUATOR NAME: Ruby Ocegueda	TELEPHONE: (559) 341-5808
LICENSING EVALUATOR SIGNATURE:	DATE: 04/13/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/13/2022

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 04-CC-20220309140952

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1310 E. SHAW AVE,
FRESNO, CA 93710

FACILITY NAME: JOYFUL NOISE CHILD DEVELOPMENT CENTER	FACILITY NUMBER: 200407399
	VISIT DATE: 04/13/2022

NARRATIVE

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LPA Ocegueda discussed best practices for handling situations where children are having a tantrum. Administrator Carissa agreed that she and staff will have to explore other ways to handle misbehavior in a way that will help keep children and staff safe. In this case, there were no indications that it was necessary to move child #1 to a “time out” spot as he/he was not hurting himself or others.
This agency has investigated the allegation stating that “staff caused injuries to day care child” and has determined that the complaint allegation was SUBSTANTIATED, meaning the preponderance of evidence standard has been met.
An exit interview was conducted with Administrator Carissa Cederblom.

Per California Code of Regulations, Title 22, Division 12, Chapter 3, the following deficiency was cited today: (see 9099-D). Appeal Rights were provided today. Notice of Site Visit LIC 9213 must be posted for 30 days.

SUPERVISOR'S NAME: Michael Duarte	TELEPHONE: (559) 650-7874
LICENSING EVALUATOR NAME: Ruby Ocegueda	TELEPHONE: (559) 341-5808
LICENSING EVALUATOR SIGNATURE:	DATE: 04/13/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/13/2022

LIC9099 (FAS) - (06/04)

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Control Number 04-CC-20220309140952

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1310 E. SHAW AVE,
FRESNO, CA 93710

FACILITY NAME: JOYFUL NOISE CHILD DEVELOPMENT CENTER	FACILITY NUMBER: 200407399
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 04/13/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 05/11/2022 Section Cited CCR 101223(a)(b)	1 2 3 4 5 6 7	Personal Rights (a)The licensee shall ensure that each child is accorded the following personal rights:(2) To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs. This requirement was not met as evidenced by: records review and interviews.	1 2 3 4 5 6 7	Administrator Cederblom stated she and staff would conduct a training on best practices in safety handling misbehavior/tantrums and watch ccld.ca.gov video titled "Personal Rights". Signed staff agenda and video transcript will be submitted to the Department by POC date: 5/13/2022.
	8 9 10 11 12 13 14	LPA Ocegueda obtained corroborating interviews and photos that revealed staff #1 picked up child #1 during a tantrum to place child in "time out" area and in doing so, caused markings on his/her armpit area. This poses a potential risk to the health, safety and or personal rights 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: Michael Duarte	TELEPHONE: (559) 650-7874
LICENSING EVALUATOR NAME: Ruby Ocegueda	TELEPHONE: (559) 341-5808
LICENSING EVALUATOR SIGNATURE:	DATE: 04/13/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/13/2022

LIC9099 (FAS) - (06/04)

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