304205026-2-25-2022-06-CC-RLOZ-CC6TKV-20220303134835

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304205026
Report Date: 02/25/2022
Date Signed: 02/25/2022 11:03:18 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
01/20/2022 and conducted by Evaluator Nguyen K Tran

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20220120104823

FACILITY NAME:	GATES, EDITH		FACILITY NUMBER:	304205026
ADMINISTRATOR:	GATES, EDITH		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(714) 971-7352
CITY:	ANAHEIM	STATE: CA	ZIP CODE:	92802
CAPACITY:	14	CENSUS: 10	DATE:	02/25/2022
		UNANNOUNCED	TIME BEGAN:	09:30 AM
MET WITH:	Edith Gates, Licensee		TIME COMPLETED:	11:30 AM

ALLEGATION(S):

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Covid-19 communication protocols are not being followed.
Facility license number is not being revealed in advertisements.

INVESTIGATION FINDINGS:

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On 02/25/2022, Licensing Program Analysts (LPA) Tran conducted an in-person subsequent investigation to deliver the findings regarding the allegations alledging Covid-19 communication protocols are not being followed, and facility license number is not being revealed in advertisements. LPA Tran met with Licensee Edith Gates. The Covid-19 Emergency Response questionnaires were asked prior entering the facility. A tour of the facility was conducted, and a census was taken. Observed at the time of the investigation was a total of 2 infants and 8 preschool children, and 3 staff. Due to COVID 19 guidelines, LPA observed staff and children wearing face masks, social distancing and following CDC and Dept of Public Health Guidelines.

A review of the Facility Personnel Report Summary on indicates all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions.

(Continue next page)

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Rina Lopez	TELEPHONE: (714) 795-0859
LICENSING EVALUATOR NAME: Nguyen K Tran	TELEPHONE: (714) 658-6048
LICENSING EVALUATOR SIGNATURE:	DATE: 02/25/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/25/2022

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 06-CC-20220120104823

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: GATES, EDITH	FACILITY NUMBER: 304205026
	VISIT DATE: 02/25/2022

NARRATIVE

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(Page 2 of Report)

On 01/20/2022, the Regional Office received a complaint with two allegations alleging Covid-19 communication protocols are not being followed, and facility license number is not being revealed in advertisements.

During the course of investigation, LPA interviewed Licensee on 01/26/2022. Licensee admitted that she did not inform the Department of Public Health, Community Care Licensing and parents that a child in care tested positive for Covid-19 on 01/17/2022. Licensee also admitted that she did not include the Facility number on the website happyhearts1.com as an advertisement for the day care.

Based on the interview conducted, the preponderance of evidence standard has been met, therefore the above allegations Covid-19 communication protocols are not being followed, and facility license number is not being revealed in advertisements, are found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12 & Chapter 1, section 102416.2 (d) and Reporting Requirements and 102359 (a)
Advertisements and License Number are being cited on the attached LIC 9099D.

Exit interview was conducted. The Notice of Site Visit was posted. Facility representative was informed that the Notice of Site Visit must be posted for 30 consecutive days. Failure to post will result in civil penalty of $100. “The licensee was provided a copy of their appeal rights (LIC 9058 01/16) and their signature on this form acknowledges receipt of these rights.” This report LIC 9099 was provided to the Licensee director. First level appeal is to Regional Manager, address is above on the report.

(End of Report)

SUPERVISOR'S NAME: Rina Lopez	TELEPHONE: (714) 795-0859
LICENSING EVALUATOR NAME: Nguyen K Tran	TELEPHONE: (714) 658-6048
LICENSING EVALUATOR SIGNATURE:	DATE: 02/25/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/25/2022

LIC9099 (FAS) - (06/04)

Page: 2 of 5

Control Number 06-CC-20220120104823

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: GATES, EDITH	FACILITY NUMBER: 304205026
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 02/25/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 02/25/2022 Section Cited CCR 102416.2(d)	1 2 3 4 5 6 7	102416.2 Reporting Requirements (d) The licensee shall report to the Department as provided by Health and Safety Code Sections 1597.467(b)(1) and (2). This requirement is not met as evidenced by:	1 2 3 4 5 6 7	Plan Of Correction: Licensee will submit statement acknowledging the Reporting Requirements in section 102416.2 (d) and Covid-19 reporting protocol, to LPA Tran by 02/11/2022.
	8 9 10 11 12 13 14	Based on Licensee interview, Licensee did not inform Health Department, Community Care licensing and parents of the positive Covid-19 case of a child in care, which poses a potential risk for children in care.	8 9 10 11 12 13 14
Type B 02/25/2022 Section Cited CCR 102359(a)	1 2 3 4 5 6 7	102359 Advertisements and License Number (a) Licensees shall reveal each facility license number in all advertisements, publications, or announcements made with the intent to attract clients. This requirement is not met as evidenced by:	1 2 3 4 5 6 7	Plan Of Correction: Licensee will submit proof that facility license number included on website happyhearts1.com via email to LPA by 02/11/2022.
	8 9 10 11 12 13 14	Based on interview with Licensee and observation of the day care’s website, Licensee did not include the facility number on the website happyhearts1.com as an advertisement for the daycare, which poses a potential risk for children in care.	8 9 10 11 12 13 14

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: Rina Lopez	TELEPHONE: (714) 795-0859
LICENSING EVALUATOR NAME: Nguyen K Tran	TELEPHONE: (714) 658-6048
LICENSING EVALUATOR SIGNATURE:	DATE: 02/25/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/25/2022

LIC9099 (FAS) - (06/04)

Page: 3 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, 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
01/20/2022 and conducted by Evaluator Nguyen K Tran

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20220120104823

FACILITY NAME:	GATES, EDITH		FACILITY NUMBER:	304205026
ADMINISTRATOR:	GATES, EDITH		FACILITY TYPE:	810
ADDRESS:	706 W. LAMARK DRIVE		TELEPHONE:	(714) 971-7352
CITY:	ANAHEIM	STATE: CA	ZIP CODE:	92802
CAPACITY:	14	CENSUS: 10	DATE:	02/25/2022
		UNANNOUNCED	TIME BEGAN:	09:30 AM
MET WITH:	Edith Gates, Licensee		TIME COMPLETED:	11:30 AM

ALLEGATION(S):

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Covid-19 masking protocols are not being followed.

INVESTIGATION FINDINGS:

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On 02/25/2022, Licensing Program Analyst (LPA) Tran conducted an in-person subsequent investigation to deliver the finding regarding the Covid-19 masking protocols are not being followed. LPA Tran met with Licensee Edith Gates. The Covid-19 Emergency Response questionnaires were asked. A tour around the facility was conducted, and a census was taken. Observed at the time of the visit was a total of 2 infants and 8 preschool children and 3 staff members. Due to COVID 19 guidelines, LPA observed staff and children wearing face mask, social distancing and following CDC and Dept of Public Health Guidelines.

A review of the Facility Personnel Report Summary on 02/25/2022 indicates all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions.

(Continue next page)

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Rina Lopez	TELEPHONE: (714) 795-0859
LICENSING EVALUATOR NAME: Nguyen K Tran	TELEPHONE: (714) 658-6048
LICENSING EVALUATOR SIGNATURE:	DATE: 02/25/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/25/2022

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

LIC9099 (FAS) - (06/04)

Page: 4 of 5

Control Number 06-CC-20220120104823

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: GATES, EDITH	FACILITY NUMBER: 304205026
	VISIT DATE: 02/25/2022

NARRATIVE

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(Page 2 of Report)

On 01/20/2022, the Regional Office received a complaint with allegation alleging Covid- 19 masking protocols are not being followed.

When LPA conducted the investigation at the facility on 01/26/2022, LPA observed staff were wearing mask and children were taking nap without mask on, however, there are used masks in children’s personal boxes as well as extra masks available for the children and staff as needed.

When LPA Tran conducted a subsequent investigation at facility on 02/25/2022, LPA observed staff and children were wearing masks while they are were playing.

Based on the information gathered from LPAs' interview with Licensee on 01/26/22 and observation on 01/26/22 and on 02/25/2022, there is insufficient evidence to corroborate the allegation. Although the allegation may have happened or are valid, there is not a preponderance of evidence to prove the allegation Covid-19 masking protocols are not being followed, did or did not occur, therefore the allegation is UNSUBSTANTIATED.

Exit interview was conducted. The Notice of Site Visit was posted. Facility representative was informed that the Notice of Site Visit must be posted for 30 consecutive days. Failure to post will result in civil penalty of $100. “The licensee was provided a copy of their appeal rights (LIC 9058 01/16) and their signature on this form acknowledges receipt of these rights.” This report LIC 9099 was provided to the director. First level appeal is to Regional Manager, address is above on the report.

(End of Report)

SUPERVISOR'S NAME: Rina Lopez	TELEPHONE: (714) 795-0859
LICENSING EVALUATOR NAME: Nguyen K Tran	TELEPHONE: (714) 658-6048
LICENSING EVALUATOR SIGNATURE:	DATE: 02/25/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/25/2022

LIC9099 (FAS) - (06/04)

Page: 5 of 5