304370554-1-26-2022-06-CC-PMAA-CB98GE-20220201213014

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304370554
Report Date: 01/26/2022
Date Signed: 01/26/2022 12:00:41 PM

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
11/02/2021 and conducted by Evaluator Alanna Gontarek

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20211102083906

FACILITY NAME:	SHINING STARS CHRISTIAN PRESCHOOL		FACILITY NUMBER:	304370554
ADMINISTRATOR:	WILLIAMS, STACY		FACILITY TYPE:	850
ADDRESS:	10 GOODYEAR		TELEPHONE:	(949) 305-9090
CITY:	IRVINE	STATE: CA	ZIP CODE:	92618
CAPACITY:	85	CENSUS: 47	DATE:	01/26/2022
		UNANNOUNCED	TIME BEGAN:	09:00 AM
MET WITH:	Pamela Mammen, Assistant Director		TIME COMPLETED:	12:30 PM

ALLEGATION(S):

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Masks are not being worn by children at the day care

INVESTIGATION FINDINGS:

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An unannounced follow up complaint inspection was made on this day by Licensing Program Analyst (LPA) Alanna Gontarek to the licensed day care center. LPA met with Assistant Director, Pamela Mammen for the purpose of delivering findings of the complaint received 11/2/2021. There were a total of 10 staff and 47 children present during this inspection. LPA observed 28 children wearing masks indoors. Nineteen (19) children (3 classrooms out of 8) were eating snack and 7 children (1 classroom out of 8) observed outdoors.

Per complainant, allegation states that masks are not being worn by the children at the day care center.
As of 11/2/2021, when the complaint was received, the guidance from The California Department of Public Health, issued June 29, 2021, stated, “As of June 15, 2021, the use of face coverings is required by the California Department of Public Health (CDPH) and the Division of Occupational Safety and Health (Cal/OSHA) in child care indoor settings regardless of vaccination status.” The CDPH guidance also advises “Children aged 2 and older should be taught and reminded to wear face coverings.” On 11/08/2021, LPA Gontarek
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Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Alanna Gontarek	TELEPHONE: (714) 703-2800
LICENSING EVALUATOR SIGNATURE:	DATE: 01/26/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/26/2022

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-20211102083906

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: SHINING STARS CHRISTIAN PRESCHOOL	FACILITY NUMBER: 304370554
	VISIT DATE: 01/26/2022

NARRATIVE

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observed 2 preschool children out of a total of 29 preschool children wearing face masks. Per 8 staff interviewed, multiple staff disclosures were made stating staff give verbal reminders to children whose parents request to have their children wear masks and offer additional masks if needed. Staff also state that most of the children’s authorized representatives request to not have their children wear a face mask. Per 4 children’s authorized representatives interviewed, and staff interviewed, multiple disclosures were made stating the facility does not require children to wear a mask, nor will the teachers force a child to wear a mask if the child does not want to. Per children’s authorized representatives interviewed, multiple disclosures were made stating that when parents request to have their children wear a mask, then the teachers will try to enforce children to wear the masks. During interviews conducted with staff, LPA asked what the current COVID-19 protocols about face coverings are, and Staff #4 (S4) stated, “Everyone except children need to wear a mask.” Staff #1 (S1) stated, “I don’t know.” Staff #2 (S2) stated, “We recommend and encourage children to wear masks.” Staff # 3 (S3) stated, “I don’t know.” Staff #5 (S5) stated, “A few students will come in with their masks on.” Staff #6 (S6) stated, “The children won't have them on unless their parents tell the child to wear them.” During interviews conducted with Assistant Director and Director, LPA asked how the facility ensures children over 2 years old are wearing their masks inside the classroom. Assistant Director stated, “If the parents are asking children to wear masks, we'll gently remind the children, but don't force it, just encourage it. The Director stated, “We recommend.” LPA also asked, “What do you do if the children over 2 years old are refusing to wear their masks indoors?” The Assistant Director stated, “As of right now, we haven't been enforcing children to wear masks.” The Director stated, “Encourage the children to wear masks.”

Based on LPA's interviews conducted and LPA's observations, the preponderance of evidence standard has been met, therefore the allegation of “Masks are not being worn by the children at the day care” is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12, Chapter 1, is being cited on the attached LIC 9099D.

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SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Alanna Gontarek	TELEPHONE: (714) 703-2800
LICENSING EVALUATOR SIGNATURE:	DATE: 01/26/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/26/2022

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20211102083906

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: SHINING STARS CHRISTIAN PRESCHOOL	FACILITY NUMBER: 304370554
	VISIT DATE: 01/26/2022

NARRATIVE

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Personal Rights- Section 101223(a)(2): The licensee shall ensure that each child is accorded the following personal rights: To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs. On 11/8/2021, licensee did not ensure the personal rights of persons in care to safe and healthful accommodations. In this facility, children over 2 years old were not required to wear face coverings while in the facility, as required by the CA Dept. of Public Health Guidance on the use of face coverings on children, and individual mask exemptions did not apply.

LPA Gontarek sent Assistant Director a copy of the current Department of Public Health (DPH) guidance, Cleaning Matrix, Cleaning Guidance, COVID-19 Self Assessment, COVID-19 postings, and DPH Exposure Management Plan via email. LPA discussed and informed Assistant Director of the following information:

· New update 1/5/2022 Latest DPH Guidance on Face Masks link: https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/guidance-for-face-coverings.aspx
· CCLD COVID-19 Licensed childcare and facilities and provider FAQs link: https://www.cdss.ca.gov/inforesources/cdss-programs/community-care-licensing/child-care-licensing/covid-19-child-care-resources/faqs-for-licensed-child-care-facilities-and-providers
· DPH Guidance Related to Cohorts Link - https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/small-groups-child-youth.aspx Updated 3/22/21
· COVID-19 WEBSITE RESOURCE https://saferatwork.covid19.ca.gov/ Updated 3/1/21
· DSS Vaccine Resource Toolkit link: : https://cdss.ca.gov/Portals/9/CCLD/COVID/Vaccine-Resource-Toolkit.pdf
· New update 11/10/2021: CDC Website on Guidance for Child Care Programs that Remain Open link: COVID-19 Guidance for Operating Early Care and Education/Child Care Programs (cdc.gov)
· New update 11/23/2021: Department of Social Services CCLD PIN 21-29-CCP Face Covering Requirements and Guidance for Child Care Providers Regarding COVID-19 link: PIN Face Covering Guidance (ca.gov)
Notice of Site Visit was posted. The notice of site visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100. The licensee was provided a copy of their appeal right (LIC 9058 1/16) and their signature on this form acknowledges receipt of these rights.

Exit interview was conducted with Assistant Director, Pamela Mammen. In the area which was investigated, the following deficiency was cited today.

This report ends here.

SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Alanna Gontarek	TELEPHONE: (714) 703-2800
LICENSING EVALUATOR SIGNATURE:	DATE: 01/26/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/26/2022

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20211102083906

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: SHINING STARS CHRISTIAN PRESCHOOL	FACILITY NUMBER: 304370554
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 01/26/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 02/09/2022 Section Cited CCR 101223(a)(2)	1 2 3 4 5 6 7	Personal Rights: The licensee shall ensure that each child is accorded the following personal rights: To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs. This requirement was not met as evidenced by:	1 2 3 4 5 6 7	Per Assistant Director, Director sent an email to parents on 11/12/21 informing them on the CA. DPH face covering guidance, and will provide extra masks to children without one. Per Assistant Director, each child received a lanyard that clips to the face mask that stays on the child to prevent losing mask.
	8 9 10 11 12 13 14	Based on LPAs observations and interviews conducted, facility did not require children over 2 years old to wear face coverings while inside the facility, as required by the CA Dept. of Public Health Guidance on the use of face coverings on children, and individual mask exemptions did not apply. This poses a potential health and safety and personal rights risk to the children in care.	8 9 10 11 12 13 14	Per Assistant Director, will provide staff a copy of the current CA Dept. of Health guidance on use of face coverings, and obtain a summary of the guidance, including examples of ways to encourage mask-wearing of children, by all staff. Assistant Director will provide copy of Agenda notes and staff signatures by the due date of 2/9/22.
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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: Alanna Gontarek	TELEPHONE: (714) 703-2800
LICENSING EVALUATOR SIGNATURE:	DATE: 01/26/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/26/2022

LIC9099 (FAS) - (06/04)

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