300603987-10-19-2021-06-CC-JHAN-C7YULL-20211020154053

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 300603987
Report Date: 10/19/2021
Date Signed: 10/19/2021 10:34:40 AM

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/26/2021 and conducted by Evaluator Cindy Nguyen

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20210826104048

FACILITY NAME:	TEMPLE BAT YAHM		FACILITY NUMBER:	300603987
ADMINISTRATOR:	GRAMLING, LAURA		FACILITY TYPE:	850
ADDRESS:	1011 CAMELBACK ST		TELEPHONE:	(949) 644-6563
CITY:	NEWPORT BEACH	STATE: CA	ZIP CODE:	92660
CAPACITY:	100	CENSUS: 49	DATE:	10/19/2021
		UNANNOUNCED	TIME BEGAN:	09:20 AM
MET WITH:	Director, Laura Gramling		TIME COMPLETED:	11:15 AM

ALLEGATION(S):

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Children ages 2 and up are not wearing masks.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Nguyen conducted an unannounced investigate the above allegation. This is a continuation of the investigation initiated on 9/01/2021. LPA talked with Director, Laura Gramling and discussed the purpose of the investigation inspection. At 9:25 am, census was taken as follow: 49 preschool children with 11 staff members. During today's inspection staffing ratios were met and the facility was operating within its licensed capacity. A review of staff criminal records clearances indicated all facility staff or individuals who require caregiver background checks have received a criminal record clearance or exemption and a child abuse index clearance.

On 8/26/2021 a complaint was filed with the Department alleging that the facility does not following COVID-19 protocols of masks wearing for children ages 2 and up. Complaint stated that there is no ventilation in the classrooms, they do have windows, but they are not opening the windows. The children eat lunch indoors, without masks and sitting right across from each other.

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Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Judy Hanson	TELEPHONE: (714) 703-2807
LICENSING EVALUATOR NAME: Cindy Nguyen	TELEPHONE: (714) 296-3608
LICENSING EVALUATOR SIGNATURE:	DATE: 10/19/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/19/2021

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 06-CC-20210826104048

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: TEMPLE BAT YAHM	FACILITY NUMBER: 300603987
	VISIT DATE: 10/19/2021

NARRATIVE

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The Guidance for Childcare Industry Covid-19 update guidance: Childcare Programs and providers July 17, 2020 stated: children aged 2 years and older should wear face coverings, especially when indoors or when 6-foot physical distance from others cannot be maintained. New Guidance for the use of face coverings took effect on June 15, 2021 and superseded all prior face covering guidance. It stated: The following individuals are exempt from wearing masks at all times: persons younger than 2 years old, persons with medical conditions.

Statewide Face Covering guidance, CDHP Guidance for Facial Coverings – (Updated June 4th, 2021) Federal Guidance on Face Masks: CDC Facial Covering Guidance: This guidance supersedes prior COVID-19 guidance in the COVID-19 Update Guidance: Child Care Program and Providers dated July 17, 2020. Licensees and other child care providers should continue to follow COVID-19 requirements and guidance in all applicable California Department of Social Services (CDSS) and Community Care Licensing (CCL) Provider Information Notices (PIN), in addition to guidance or requirements from California Department of Public Health (CDPH), California Department of Industrial Relations Division of Occupational Safety & Health (Cal/OSHA), and local public health departments, as applicable to the particular facility. If there are differing requirements between the most current CDPH, CCL, Cal/OSHA, and local health department guidance or health orders, licensees and providers should follow the strictest requirements. Implementation of this guidance should be adapted for the setting in which you provide care and may require training and support for staff and adequate consideration of children and family needs. Follow the guidance for the childcare industry to minimize the spread of COVID-19.

During the investigation LPA conducted 2 physical plant inspections, interviewed 8 staff members, 10 preschool children and reviewed parent handbook and facility roster. Based on 9/01/21 observation, all the children were wearing their mask during the indoor expect for some in the two years old classrooms. LPA also observed children were spread out at an approximate 2 feet to 3 feet distance between the children. The tables are 60 inches by 29 inches with 3 or 4 children at each table during lunch/snack time. All staff interviewed stated, the children are required to wear their mask during dropped off and picked up. The facility has extra mask in each of the classrooms to replaced when their mask gets dirty.

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SUPERVISOR'S NAME: Judy Hanson	TELEPHONE: (714) 703-2807
LICENSING EVALUATOR NAME: Cindy Nguyen	TELEPHONE: (714) 296-3608
LICENSING EVALUATOR SIGNATURE:	DATE: 10/19/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/19/2021

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20210826104048

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: TEMPLE BAT YAHM	FACILITY NUMBER: 300603987
	VISIT DATE: 10/19/2021

NARRATIVE

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Staff #2 (S2) stated all the older ones are good having their mask on, it is the 2s and 3s that needs a lot of reminders from staff and a lot of these children just started attending school and staff are working hard on assisting and reminding the children to wear their masks. When the children take their mask off, staff encouraged and reminded the children and show that teachers and friends are wearing masks. The classrooms that doesn’t have fresh air flow have air purifier, it was donated by a family that work in the hospital. Room 5, 6, 7, 8 have the air purifier since they have no windows for the air flow. In the interviews conducted with the children, the children stated they all wear their mask for indoor, some stated they do not wear their mask for outdoor. LPA observed all the children interviewed had their mask on.

During 10/19/21 inspection, LPA observed all the children including ages 2s and 3s were wearing their mask for indoor and outdoor.

Based on LPA observations, document reviews and interviews which were conducted, the preponderance of evidence was not met, therefore the above allegation is found to be UNSUBSTANTIATED. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation(s) did or did not occur, therefore the allegations are UNSUBSTANTIATED.

Exit interview was conducted with Director, Laura Gramling. Notice of Site Visit was posted during the visit. Director was informed that the notice of site visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100. Director was provided a copy of their appeal rights (LIC 9058 01/16) and their signature on this form acknowledges receipt of these rights. First level appeals should be sent to the regional manager to the address listed above.

SUPERVISOR'S NAME: Judy Hanson	TELEPHONE: (714) 703-2807
LICENSING EVALUATOR NAME: Cindy Nguyen	TELEPHONE: (714) 296-3608
LICENSING EVALUATOR SIGNATURE:	DATE: 10/19/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/19/2021

LIC9099 (FAS) - (06/04)

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