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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 270709833
Report Date: 06/13/2023
Date Signed: 06/13/2023 02:33:07 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE-DAY CARE, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131
This is an official report of an unannounced visit/investigation of a complaint received in our office on
05/26/2023 and conducted by Evaluator Joseph Macias
COMPLAINT CONTROL NUMBER: 07-CC-20230526163243
FACILITY NAME:MISS BARBARA'S CHILD CARE CENTERFACILITY NUMBER:
270709833
ADMINISTRATOR:CHRISTINE AIELLOFACILITY TYPE:
850
ADDRESS:226 BEACH ROADTELEPHONE:
(831) 883-2616
CITY:MARINASTATE: CAZIP CODE:
93933
CAPACITY:48CENSUS: 23DATE:
06/13/2023
UNANNOUNCEDTIME BEGAN:
11:20 AM
MET WITH:John MimsTIME COMPLETED:
01:00 PM
ALLEGATION(S):
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Daycare child sustained bruises while in care.
Staff did not notify responsible party of incident in a timely manner.
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Joe Macias, conducted an unannounced Inspection in order to deliver the findings of the complaint investigation of above allegations. LPA Macias met with the Administrator John Mims to discuss complaint allegation findings.

LPA Macias interviewed staff, children, and Complainant, reviewed classroom surveillance video, and obtained copies of pertinent information. The allegations state (daycare child sustained bruises while in care, and staff did not notify responsible party of incident in a timely manner). LPA Macias reviewed the classroom surveillance video, which clearly shows a teacher forcefully handling a child, which resulted in a child sustaining bruises, scratches, and abrasions. The staff member grabbed the child forcefully and repeatedly slammed the child down causing injuries. Based on staff interviews, as well as the lack of submitted incident reports/ LIC624 the Administrator was made aware of the staff members conduct on several occasions and failed to report the mistreatment of children. Based on the information gathered; the preponderance of evidence standard has been met, therefore the above allegations are found to be SUBSTANTIATED. A finding that is substantiated means the preponderance of evidence was found.

Type A deficiencies cited, exit interview conducted and copy of this report provided to the Administrator John Mims.

LPA discussed the requirements of AB633 with the Director and provided the AB633 fact sheet and a copy of Acknowledgement of Receipt of Licensing Reports (LIC 9224), the Director understands the requirements.

A NOTICE OF SITE VISIT WAS ISSUED, POSTED NEAR THE FRONT ENTRANCE TO THE CENTER, AND MUST REMAIN POSTED FOR 30 CONSECUTIVE DAYS.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Joseph Macias
LICENSING EVALUATOR SIGNATURE:

DATE: 06/13/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/13/2023
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 2
Control Number 07-CC-20230526163243
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE-DAY CARE, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131

FACILITY NAME: MISS BARBARA'S CHILD CARE CENTER
FACILITY NUMBER: 270709833
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 06/13/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
06/14/2023
Section Cited
CCR
101212(d)(1)(D)
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Reporting Requirements:
Upon the occurrence, during the operation of the child care center of any of the events specified in (d)(1) below, a report shall be made to the Department by telephone or fax within the Department's next working day and during its normal business hours. In addition, a written report containing the information specified in (d)(2) below shall be submitted to the Department within seven days following the occurrence of such event. Any suspected physical or psychological abuse of any child.
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The Administrator shall review the regulations, and submit a plan on how this will be avoided in the future. The Administrator shall conduct a required training on reporting requirement and submit a proof of training by the POC date.
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The Administrator was made aware of the staff members conduct on several occasions and failed to report the mistreatment of children. This poses an immediate risk to the health, safety, and personal rights of the children in care.
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AB633 to issued to all parents of children in care, signed, filed in each child's file, and provider to do the same for all new clients for the next 12 months to this day.
Type A
06/14/2023
Section Cited
CCR
101223(a)(3)
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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: interference with functions of daily living including eating, sleeping or toileting; or withholding of shelter, clothing, medication or aids to physical functioning.
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The Administrator shall review regulations and submit a letter outlining how this will be avoided in the future. The Administrator shall conduct a training on children's personal rights and how to ensure all children are treated with dignity and respect by the POC date. The Administrator shall submit proof of training.
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The LPA reviewed the classroom surveillance video, which clearly shows a teacher forcefully handling a child, which resulted in a child sustaining bruises, scratches, and abrasions. The staff member grabbed the child forcefully and repeatedly slammed the child down causing injuries. This poses an immediate risk to the health, safety, and personal rights of children in care.
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AB633 to issued to all parents of children in care, signed, filed in each child's file, and provider to do the same for all new clients for the next 12 months to this day.
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: Gladys Kuizon
LICENSING EVALUATOR NAME: Joseph Macias
LICENSING EVALUATOR SIGNATURE:

DATE: 06/13/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/13/2023
LIC9099 (FAS) - (06/04)
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