283008881-10-5-2022-01-CC-LLEI-CJXU62-20221006151734

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 283008881
Report Date: 10/05/2022
Date Signed: 10/05/2022 11:27:42 AM

Unsubstantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405

This is an official report of an unannounced visit/investigation of a complaint received in our office on
06/27/2022 and conducted by Evaluator Kevin O'Connell

COMPLAINT CONTROL NUMBER: 01-CC-20220627150320

FACILITY NAME:	WISNIEWSKI, JACQUELINE FCCH		FACILITY NUMBER:	283008881
ADMINISTRATOR:	WISNIEWSKI, JACQUELINE		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(415) 306-2491
CITY:	NAPA	STATE: CA	ZIP CODE:	94558
CAPACITY:	14	CENSUS: 7	DATE:	10/05/2022
		UNANNOUNCED	TIME BEGAN:	09:45 AM
MET WITH:	Jacqueline Wisniewski, Licensee		TIME COMPLETED:	11:45 AM

ALLEGATION(S):

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Licensee handled children in a rough manner, grabbing them harshly, pulling their arms.
Licensee hit child.
Licensee did not prevent inappropriate behavior between children, specifically children hitting other children.
Licensee does not spend a sufficient amount of time in the home.

INVESTIGATION FINDINGS:

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Licensing Program Analyst, Kevin O’Connell made a subsequent complaint investigation on 10/05/2022 at 9:45am and met with the Licensee, Jacqueline Wisniewski (S1), to deliver the findings regarding the above allegations. LPA previously met with S1 on 07/01/22 to initiate the investigation by discussing the purpose of the visit, requesting a facility roster of the children currently in care, conducting interview(s), and making observations. It was alleged that the Licensee handles children in a rough manner, hit a child, did not prevent inappropriate behavior between children, specifically children hitting other children, and does not spend a sufficient amount of time in the home.

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Leslie Lepori	TELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Kevin O'Connell	TELEPHONE: (707) 588-5026
LICENSING EVALUATOR SIGNATURE:	DATE: 10/05/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/05/2022

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 5

Control Number 01-CC-20220627150320

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405

FACILITY NAME: WISNIEWSKI, JACQUELINE FCCH	FACILITY NUMBER: 283008881
	VISIT DATE: 10/05/2022

NARRATIVE

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At 11:45am on 7/1/22 the Licensee denied the allegations stating that she did not handle children in a rough manner and had two teachers hired who were helping to manage the children until they quit. She also stated “No, I would not hit children. We do not do that here. I would not risk my license”. She further claimed that she did not see inappropriate behavior between children/ anything happen and if something happens then my teachers are supposed to tell me, but they did not. Licensee stated she lives here (on the premises) and spends at least 80 percent of her time here, but that she does have appointments and picks up her son from school as well.
Interviews consisted of one staff (S1) on 7/01/22, four parents (P1- P4) from 9/15/22 to 9/26/22, three children from 9/23/22 to 9/29/22, three adults (A1- A3) on 6/30/22 and 9/28/22 to 9/30/22. Some children were not verbal, too young to interview, or did not qualify to be interviewed. In addition, various documents were reviewed and observations were made.
Two statements (A1, A2) indicated that S1 was observed on multiple occasions grabbing and pulling children’s arms to direct them to the room or place where she wanted the child to go, such as the “cubby”, until the child stopped crying. These individuals also claimed that S1 doesn’t have enough patience and is strict. In addition, multiple adult statements (P4, A1, A2) reported that one child (C1) expressed to them that S1 hit C1 but no other individual was able to confirm that they saw that these incidents occurred.
A1 stated that child (C3) would often play unsupervised in a bedroom with other children and a toddler (C2) claimed to be struck by C3 in the mouth when Licensee left them to play. C2 was also scared to be around C3. A1 further stated that C3 is known to hit or pinch other children. A3 stated that C3 would often play unsupervised in the bedroom with other children on multiple occasions. C3 denied that these incidents occurred and there were no other witnesses who observed these incidents.

Multiple adult statements indicated that S1 was either not at the facility all day or that most of the time she was not there and that she would pick up her son, go to the gym, or hang out with friends. Parent interviews could not corroborate this allegation as they were not on the premises sufficient amount of time to make this observation. Though it was confirmed that S1 was out of the facility for periods of time, the amount of time could not be quantified or determined to what extent.

Based on the information gathered during this investigation, although the allegations may have happened or are valid, there is not a preponderance of evidence to prove that the allegations occurred and therefore are determined to be unsubstantiated. There were no Title 22 deficiencies cited on the above allegations. This report was reviewed and discussed with the Licensee, Jacqueline Wisniewski. Appeal Rights were provided.
Notice of Site Visit shall be posted for 30 days from today's visit.

SUPERVISOR'S NAME: Leslie Lepori	TELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Kevin O'Connell	TELEPHONE: (707) 588-5026
LICENSING EVALUATOR SIGNATURE:	DATE: 10/05/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/05/2022

LIC9099 (FAS) - (06/04)

Page: 2 of 5

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405

This is an official report of an unannounced visit/investigation of a complaint received in our office on
06/27/2022 and conducted by Evaluator Kevin O'Connell

COMPLAINT CONTROL NUMBER: 01-CC-20220627150320

FACILITY NAME:	WISNIEWSKI, JACQUELINE FCCH		FACILITY NUMBER:	283008881
ADMINISTRATOR:	WISNIEWSKI, JACQUELINE		FACILITY TYPE:	810
ADDRESS:	3790 OXFORD STREET		TELEPHONE:	(415) 306-2491
CITY:	NAPA	STATE: CA	ZIP CODE:	94558
CAPACITY:	14	CENSUS: 7	DATE:	10/05/2022
		UNANNOUNCED	TIME BEGAN:	09:45 AM
MET WITH:	Jacqueline Wisniewski, Licensee		TIME COMPLETED:	11:45 AM

ALLEGATION(S):

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Licensee inappropriately disciplined children

INVESTIGATION FINDINGS:

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Licensing Program Analyst, Kevin O’Connell made a subsequent complaint investigation on 10/05/2022 at 9:45am and met with the Licensee, Jacqueline Wisniewski (S1), to deliver the findings regarding the above allegation. LPA previously met with S1 on 07/01/22 to initiate the investigation by discussing the purpose of the visit, requesting a facility roster of the children currently in care, conducting interview(s), and making observations. It was alleged that the Licensee inappropriately disciplined children, specifically by restraining children in a booster seat in the bedroom because of crying and leaving them alone.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Leslie Lepori	TELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Kevin O'Connell	TELEPHONE: (707) 588-5026
LICENSING EVALUATOR SIGNATURE:	DATE: 10/05/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/05/2022

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

Page: 3 of 5

Control Number 01-CC-20220627150320

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405

FACILITY NAME: WISNIEWSKI, JACQUELINE FCCH	FACILITY NUMBER: 283008881
	VISIT DATE: 10/05/2022

NARRATIVE

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At 11:45am on 7/1/22 the Licensee denied the allegations stating that she does not inappropriately discipline children as they have to separate them from the other children when they are disrupting the activity so she puts them (younger children) in a booster seat in the bedroom. Licensee further claims that she stays with them until they calm down and then they return to the other children or activity.

Interviews consisted of one staff (S1) on 7/01/22, four parents (P1- P4) from 9/15/22 to 9/26/22, three children from 9/23/22 to 9/29/22, three adults (A1- A3) on 6/30/22 and 9/28/22 to 9/30/22. Some children were not verbal, too young to interview, or did not qualify to be interviewed. In addition, various documents were reviewed and observations were made.

Three statements (A1, A2, A3) indicated that on multiple occasions, Licensee was observed leaving crying toddlers alone in a bedroom. A1 stated that Licensee doesn’t like to hear infants cry so Licensee would grab the children by the arm, walk them to the infant room, strap them in a booster chair, and leave them there alone until they stopped crying. A1 was advised not to take them out for any reason. A2 also observed Licensee on multiple occasions take crying children to the infant bedroom, leave them there alone, and return after they stopped crying. A3 stated that when toddlers would cry, the Licensee would take them to the back room, close the door and leave them there until they stopped crying. When A3 would go to the room to check on the children, the licensee would advise against it and stated to leave the child there alone.

Based on interviews, the preponderance of evidence standard has been met, therefore the above allegation is found to be substantiated. Exit interview conducted, and report was reviewed with the Licensee, Jacqueline Wisniewski. A notice of site visit was given and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100. California Code of Regulations, Title 22, Division 12 & Chapter 01, Article 06, are being cited on the attached LIC 9099D. Appeal Rights were provided.

SUPERVISOR'S NAME: Leslie Lepori	TELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Kevin O'Connell	TELEPHONE: (707) 588-5026
LICENSING EVALUATOR SIGNATURE:	DATE: 10/05/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/05/2022

LIC9099 (FAS) - (06/04)

Page: 4 of 5

Control Number 01-CC-20220627150320

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405

FACILITY NAME: WISNIEWSKI, JACQUELINE FCCH	FACILITY NUMBER: 283008881
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 10/05/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 10/06/2022 Section Cited CCR 102423(A4)	1 2 3 4 5 6 7	102423(A4) Personal Rights. (a) (a) Each child receiving services from a family child care home shall have certain rights that shall not be waived or abridged by the licensee.	1 2 3 4 5 6 7	Licensee denies that this happened but will keep crying children with her at all times in the room where the crying occurs.
	8 9 10 11 12 13 14	These rights include, but are not limited to, the following: (4) 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… This was not met as evidenced by: Multiple adults observing the Licensee placing crying children in a booster seat and leaving them alone in the room until they stopped crying. This poses/posed a immediate health, safety and/or personal rights risk to the 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: Leslie Lepori	TELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Kevin O'Connell	TELEPHONE: (707) 588-5026
LICENSING EVALUATOR SIGNATURE:	DATE: 10/05/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/05/2022

LIC9099 (FAS) - (06/04)

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