304370702-11-18-2019-06-CC-RLOZ-BJ334J-20191118165511

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304370702
Report Date: 11/18/2019
Date Signed: 11/18/2019 03:38:22 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
08/20/2019 and conducted by Evaluator Leonor Barajas

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20190820132932

FACILITY NAME:	SUNFLOWER PRESCHOOL & KINDERGARTEN		FACILITY NUMBER:	304370702
ADMINISTRATOR:	GARDUNO, MICHELLE		FACILITY TYPE:	850
ADDRESS:	2129 W EDINGER		TELEPHONE:	(714) 979-7422
CITY:	SANTA ANA	STATE: CA	ZIP CODE:	92704
CAPACITY:	59	CENSUS: 54	DATE:	11/18/2019
		UNANNOUNCED	TIME BEGAN:	09:52 AM
MET WITH:	Director Michelle Garduno		TIME COMPLETED:	12:15 PM

ALLEGATION(S):

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Staff failed to provide adequate supervision resulting in child being injured by another child.

INVESTIGATION FINDINGS:

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Licensing Program Analyst’s (LPA’s) Barajas and Nelson, conducted an unannounced complaint inspection to deliver the findings for the above allegation. This is a continuation of the investigation initiated on 08/28/19 and 11/04/19.
Upon arrival LPA met with Licensee Amith Wijemanne who was at front office, and Director, Michelle Garduno who guided LPA on tour of the facility. LPA observed 21 preschool children present with 2 staff members in PK room, 12 preschool children with one staff in 3yr old room, 10 preschool children with 1 staff member in 2yr old room and 11 children with 1 Staff outside in playground.

During today’s inspection the facility was operating within its licensed capacity and within compliance of staffing ratios. A review of staff records on this date indicated that all facility staff or other individuals who required caregiver background checks have received criminal record and child abuse index clearances or exemptions.
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Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 743-5149
LICENSING EVALUATOR NAME: Leonor Barajas	TELEPHONE: (714) 292-8628
LICENSING EVALUATOR SIGNATURE:	DATE: 11/18/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/18/2019

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-20190820132932

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: SUNFLOWER PRESCHOOL & KINDERGARTEN	FACILITY NUMBER: 304370702
	VISIT DATE: 11/18/2019

NARRATIVE

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During the investigation, LPA interviewed, Reporting Party, Director, 5 staff, 5 parents, Children did not qualify to be interviewed. LPA reviewed children’s and staff’s records, requested copies of incident reports, notes, requested a Family Handbook, children supervision records, sign in sign out sheets, Personnel Report (LIC 500), requested copy of children’s roster (LIC 9040), and took pictures of day care facility.
Complainant Party (C/P) reported allegation stating Staff failed to provide adequate supervision resulting in child being injured by another child. Complainant requested to remain anonymous and stated on 08/19/19 at 3p.m. pick up time. C/P observed a bite mark on child’s right cheek. C/P stated child still has teeth mark on cheek. C/P stated asked Staff#3 and Director outside in playground what had happened, and both staff did not know. C/P stated was not provided an ouch or incident report at time of pick up. C/P stated child was taken to medical clinic due to bite injury. C/P stated Director told her ouch report was not ready as she didn’t know what had happened with injury but would be asking and provide ouch report next day. C/P stated director verbally notified didn’t think it was that serious to call via phone and inform at time of injury. C/P stated child’s cheek was red, bloody and teeth were marked. C/P provided documents and pictures of same day injury. C/P stated child was taken to medical clinic to have bite injury evaluated by medical doctor.

During Interviews conducted, 3 of 5 parents stated their children have suffered injuries at day care. First parent stated noticed a bite in child’s cheek during dinner time, no ouch report, verbal notice or phone call was provided by staff at pick up time. A second parent stated child suffered bite injuries back in month of August and was notified. Parent disclosed has seen children run around and staff are just standing in the front, staff are not preventing children from being injured. A third Parent stated child is a bitter and has also bit children in classroom. All 5 parents stated children are in Staff#5 classroom, and incidents have occurred while in her care.

During interview conducted with Director on 08/28/19 and 11/4/19. Director stated only recalls injury with Child#5 on 08/19/19. Director stated Parent states child has been bit two times, but facility only has record of 1 incident. However, parent was unable to provide additional information regarding 2nd incident. Director stated Child#5 was bit in face, no cut, just a red mark.

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SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 743-5149
LICENSING EVALUATOR NAME: Leonor Barajas	TELEPHONE: (714) 292-8628
LICENSING EVALUATOR SIGNATURE:	DATE: 11/18/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/18/2019

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20190820132932

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: SUNFLOWER PRESCHOOL & KINDERGARTEN	FACILITY NUMBER: 304370702
	VISIT DATE: 11/18/2019

NARRATIVE

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Director did not take pictures, bite didn’t break skin. Director stated all staff observe all injuries to a child and report every injury to the parents or authorized representative in a timely manner. Director stated all staff know procedures of informing parents of injuries as staff were given an employee handbook at time of hire, and Staff have meetings and training's.

During the investigation, LPA interviewed 5 staff separately, children interviewed did not qualify. During interviews conducted on 08/09/19 and 08/28/19, A Staff stated confirmed child#5 was bitten about a week ago over a toy. Staff#5 stated told Staff#6 regarding incident. Staff#5 stated was trying to inform Parent during pick up time at 3p.m, but Parent walked out upset. Staff#5 stated did not write or provide ouch report. Some Staff interviewed stated they maintain supervision by walking around, observing what children are doing, if changing diapers, still focus on other children, always keep eyes on children. Outdoors supervision is maintained by walking around or staying in one area and looking around. All 5 Staff stated they contact Director if an injury to a child occurs at the facility. All staff stated Director contacts the parents, if parents are home or don’t answer they leave a voice mail, Staff let parents know in voice mail about injury, and tell them to do a call back. All Staff stated are aware of center policy for reporting requirements. During records review on 08/25/19, LPA observed an ouch report for Child #5, for incident dated 08/19/19.

Based on interviews conducted with Reporting Party, Director, 5 staff, 5 parents , records reviewed, medical records obtained, pictures taken and provided by RP during investigation, Staff failed to provide adequate supervision resulting in child being injured by another child. This requirement was not met as evidenced of copy of ouch report dated 08/19/19 states incident occurred at 9:40a.m. outside in playground, no phone call was made to parents, and ouch report was out of order in book. Also, RP stated due to lack of supervision child had bite injury on cheek and staff and Director, did not know how or when injury occurred at 3p.m. at time of pick up. In addition, parents interviewed stated their children have also been bit or are biters in Staff#5 classroom and all state is due to lack of supervision. Based on interviews conducted with parents, ouch report review there is a pattern of biting occurring in the classroom. The facility failed to provide adequate supervision due to having multiple biters in the same classroom.

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SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 743-5149
LICENSING EVALUATOR NAME: Leonor Barajas	TELEPHONE: (714) 292-8628
LICENSING EVALUATOR SIGNATURE:	DATE: 11/18/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/18/2019

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20190820132932

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: SUNFLOWER PRESCHOOL & KINDERGARTEN	FACILITY NUMBER: 304370702
	VISIT DATE: 11/18/2019

NARRATIVE

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The preponderance of evidence standard has been met, therefore the allegations: Lack of Supervision resulting in day-care child biting another day care child is SUBSTANTIATED. California code of Regulations, (Title 22, Division & Chapter), is being cited on the attached LIC 9099D”). Lack of Supervision 101229(a)(1) This is a repeat violation and due to child sustaining injury and obtaining medical treatment, this allegation cites a civil penalty.

Additionally, child sustained an injury and was not reported to parents in a timely manner, therefore, the preponderance of evidence standard has been met, the facility is being cited under Title 22, Health Related Services Section 101226(a)(2), please see attached LIC 9099D. This is a repeat violation and due to child sustaining injury and obtaining medical treatment, this allegation cites a civil penalty.

This report cites a Type A violation and shall be provided to parents/guardians of children currently in enrolled and to parents/guardians of children newly enrolled at the facility during the next 12 months. Parents/guardians must sign Form LIC9224 to be kept in each child's file.

Exit interview was conducted. 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: Patricia Magana	TELEPHONE: (714) 743-5149
LICENSING EVALUATOR NAME: Leonor Barajas	TELEPHONE: (714) 292-8628
LICENSING EVALUATOR SIGNATURE:	DATE: 11/18/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/18/2019

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20190820132932

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: SUNFLOWER PRESCHOOL & KINDERGARTEN	FACILITY NUMBER: 304370702
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 11/18/2019

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 11/22/2019 Section Cited CCR 101226(a)(2)	1 2 3 4 5 6 7	Health Related Services 101226(a)(2): (a) The licensee shall immediately notify the ... if the child becomes ill or sustains an injury more serious than a minor cut or scratch. ..., but not limited to, minor cuts, scratches and bites from other children requiring...of first aid by staff... This requirement is not met as evidenced by:	1 2 3 4 5 6 7	Director stated will review and conduct training to staff on how and when to report injuries to parents and legal guardians. Director stated will also review and document patterns
	8 9 10 11 12 13 14	Based on records reviewed and interviews conducted, RP stated was not provided an ouch report at time of pick up 3p.m. date of injury 08/19/19, nor a phone call was received from facility, regarding bite incident. LPA requested an ouch report and the validity of information was not verified.	8 9 10 11 12 13 14	This is a potential risk to the health and safety of children in care.
	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: Patricia Magana	TELEPHONE: (714) 743-5149
LICENSING EVALUATOR NAME: Leonor Barajas	TELEPHONE: (714) 292-8628
LICENSING EVALUATOR SIGNATURE:	DATE: 11/18/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/18/2019

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20190820132932

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: SUNFLOWER PRESCHOOL & KINDERGARTEN	FACILITY NUMBER: 304370702
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 11/18/2019

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 11/18/2019 Section Cited CCR 101229(a)(1)	1 2 3 4 5 6 7	Care and Supervision 101229(a)(1): No child(ren) shall be left without the supervision, including visual observation, of a teacher at any time except as specified in sections 101216.2(e)(1) and 101230(c)(1). This requirement is not met as evidenced by:	1 2 3 4 5 6 7	Director stated will conduct training on Supervision, and how to provide ouch, behavioral and incident reports to all parents and legal guardians to children in care. Director will provide a statement due by 11/18/19 in addition will provide a plan and staff sign in and out sheet of attendance to training.
	8 9 10 11 12 13 14	Based on interviews conducted, records reviewed and pictures provided a child was bit on the cheek and staff and Director did not know how or when injury occured at 3p.m, time of pick up on 08/19/19. In addition parents interviewed stated their children have also been bit or are biters in same classroom. This is a repeat violation	8 9 10 11 12 13 14	within the last 12 months. An immediate civil penalty will be asessed today with a continuation of 100.00 per day until corrected for violation of absence of supervision. This is an immediate risk to the health and safety of children in care.
	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: Patricia Magana	TELEPHONE: (714) 743-5149
LICENSING EVALUATOR NAME: Leonor Barajas	TELEPHONE: (714) 292-8628
LICENSING EVALUATOR SIGNATURE:	DATE: 11/18/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/18/2019

LIC9099 (FAS) - (06/04)

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