304370423-3-9-2022-06-CC-PMAA-CCX7YW-20220327220525

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304370423
Report Date: 03/09/2022
Date Signed: 03/09/2022 10:58:33 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
01/06/2022 and conducted by Evaluator Stella Gutierrez

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20220106140014

FACILITY NAME:	ST. MARK COMMUNITY PRESCHOOL		FACILITY NUMBER:	304370423
ADMINISTRATOR:	BRIMER, STAR		FACILITY TYPE:	850
ADDRESS:	2200 SAN JOAQUIN HILLS ROAD		TELEPHONE:	(949) 644-1442
CITY:	NEWPORT BEACH	STATE: CA	ZIP CODE:	92660
CAPACITY:	72	CENSUS: 0	DATE:	03/09/2022
		UNANNOUNCED	TIME BEGAN:	09:00 AM
MET WITH:	Star brimer		TIME COMPLETED:	09:30 AM

ALLEGATION(S):

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: Personal Rights- and Conduct Inimical of Mask Protocols for children are not being followed.

INVESTIGATION FINDINGS:

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On 03/09/2022 at 9:00 AM Licensing Program Analyst, Stella Gutierrez arrived at and the facility for the purpose to delivery findings of a complaint investigation for the above allegations. LPA, Gutierrez was met by Star Brimer, Director who was explained the reason for today's visit. LPA observed 15 preschool staff and 0 preschool children during today's inspection. Facility is closed to children today to conduct parent teacher conferences. All adults observed today have a criminal record clearance and are associated to St. Mark Community Preschool. Facility representative was reminded that all adults 18 and over, including employees and volunteers, must obtain a criminal record clearance or exemption, or transfer their existing clearance or exemption, prior to initial presence in a Child Care Center. A civil penalty of $100.00 minimum/day up to $500.00 maximum per day/per person will be assessed if this regulation is violated.

On 01/06/2022 CCLD-Child Care Program received a complaint that St. Mark Community Preschool is not following COVID-19 mask protocols. Page 1 of 3

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Stella Gutierrez	TELEPHONE: (714) 293-5262
LICENSING EVALUATOR SIGNATURE:	DATE: 03/09/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/09/2022

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 4

Control Number 06-CC-20220106140014

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: ST. MARK COMMUNITY PRESCHOOL	FACILITY NUMBER: 304370423
	VISIT DATE: 03/09/2022

NARRATIVE

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LPA, Gutierrez conducted a complaint investigation inspection on 01/12/2022 at 9:15 AM and observed 51 out of 58 of children ages 2 and up were not masked while indoors. LPA, Gutierrez interviewed staff, children, director and children's records reviewed of the children interviewed did not have mask exemptions provided in their files.

On 01/12/2022 LPA interviewed 7 staff, all staff statements were consistent that masks are optional for the children in care and not required nor encouraged. Staff stated that the vast majority of parents do not want their children wearing a mask, some expressed taking their children out of the school if mask are required. LPA interviewed 6 children, the vast majority stated that they are not required to wear mask while at school. After LPA’s inspection conducted on 01/12/2022 the response by the director was to send an email provided to parents from via Bright Wheel on 01/12/2022 at 4:28 PM that stated, “Children will be offered a mask as they enter the classroom and as always at SMCP, our children's Personal Rights will be respected and they will not be forced to wear one”. There is no mention that masks are a requirement while indoors at the facility.
Child care providers must comply with requirements in the Guidance for the Use of Face Coverings issued by the California Department of Public Health (CDPH). This public health order was issued under the authority of Health and Safety Code sections 120125, 120140, 120175, 120195, and 131080. The current CDPH Guidance for the Use of Face Coverings (July 28, 2021) requires that all individuals in child care settings wear face coverings while indoors, regardless of vaccination status. The Director failed to ensure the personal rights of children in care to safe and healthful accommodations, and engaged in conduct inimical to the health, welfare, and safety of the children in care, in that the children were not encouraged to wear face coverings while indoors at St. Mark Community Preschool as required by the State Public Health Officer order dated June 11, 2021 requiring compliance with CDPH Guidance for the use of face coverings. and the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards (ETS). An exemption to the order face coverings did not apply.

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SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Stella Gutierrez	TELEPHONE: (714) 293-5262
LICENSING EVALUATOR SIGNATURE:	DATE: 03/09/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/09/2022

LIC9099 (FAS) - (06/04)

Page: 2 of 4

Control Number 06-CC-20220106140014

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: ST. MARK COMMUNITY PRESCHOOL	FACILITY NUMBER: 304370423
	VISIT DATE: 03/09/2022

NARRATIVE

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Based of observation on 01/12/2022, interviews and records reviewed the allegations of Personal Rights conduct inimical will be substantiated. A substantiated finding means that the complaint is substantiated, and the allegation is valid because the preponderance of the evidence standard has been met. The following violations were revealed and are being cited in accordance with California Code of Regulations, Title 22, Division 12, Chapter 1, article 6, Section 101223 (a)(2) and Health and Safety Code Section 1596.8897 (2), please refer to attached 9099 (D).

Exit interview conducted and report was reviewed with the Director, Star Brimer. Appeal Rights and deficiencies were discussed. The facility representative was provided a copy of their appeal rights (LIC 9058) and their signature on this form acknowledges receipt of these rights. All appeals must be in writing and received by the Regional Office within 15 business days.

SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Stella Gutierrez	TELEPHONE: (714) 293-5262
LICENSING EVALUATOR SIGNATURE:	DATE: 03/09/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/09/2022

LIC9099 (FAS) - (06/04)

Page: 3 of 4

Control Number 06-CC-20220106140014

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: ST. MARK COMMUNITY PRESCHOOL	FACILITY NUMBER: 304370423
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 03/09/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 03/10/2022 Section Cited CCR 101223(a)(2)	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.	1 2 3 4 5 6 7	Director understands the allegation and regulations of 101223(a)(2) Personal Rights and will inform all parents or authorized representatives that attend the facility of the updated policy by the 03/09/2022
	8 9 10 11 12 13 14	This requirement was not met as evidence by observation and interviews conducted with staff, children and parents. The did not provide a safe, healthful and comfortable accommodations for the children in care as a governor mandate as specified on page 2 of complaint finding report 9099 (C).	8 9 10 11 12 13 14	Director will submit proof of communication with parents or authorize representatives of the change that will remain in to effect of wearing face coverings inside while indoors until further notice is received from CCLD by 03/10/2022 by 5PM via email to LPA at stella.gutierrez@dss.ca.gov
Type B 03/11/2022 Section Cited HSC 1596.8897(2)	1 2 3 4 5 6 7	1) Health and Safety Code Section 1596.8897 (2) Engaged in conduct which is inimical to the health, morals, welfare, or safety of either an individual in or receiving services from the facility, or the people of the State of California.	1 2 3 4 5 6 7	Director will conduct a staff meeting of the updates and what the plan is to encourage and require the face coverings for the children while indoors in accordance to the current mandate as specified in the complaint findings report 9099 (C) page 2.
	8 9 10 11 12 13 14	This requirement was not met as evidence by observation and interviews conducted with staff, parents and children. The facility engaged in conduct inimical to the health, morals, welfare and safety of this children present at the facility of St. Mark Community Preschool by not using safe practices of face coverings while indoors at the facility.	8 9 10 11 12 13 14	Director will submit the plan and proof of meeting with staff signatures to LPA via email by 03/11/2022 12:00 PM

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: Patricia Magana	TELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Stella Gutierrez	TELEPHONE: (714) 293-5262
LICENSING EVALUATOR SIGNATURE:	DATE: 03/09/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/09/2022

LIC9099 (FAS) - (06/04)

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