304370898-1-29-2020-06-CC-PMAA-BLLAJW-20200207231636

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304370898
Report Date: 01/29/2020
Date Signed: 01/29/2020 10:10:43 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
11/22/2019 and conducted by Evaluator Leonor Barajas

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20191122160109

FACILITY NAME:	TOWN & COUNTRY PRESCHOOL		FACILITY NUMBER:	304370898
ADMINISTRATOR:	ROBYN POPPEN		FACILITY TYPE:	850
ADDRESS:	14203 WILLOW LANE		TELEPHONE:	(714) 894-4036
CITY:	WESTMINSTER	STATE: CA	ZIP CODE:	92683
CAPACITY:	44	CENSUS: 18	DATE:	01/29/2020
		UNANNOUNCED	TIME BEGAN:	08:20 AM
MET WITH:	Director Robyn Poppen		TIME COMPLETED:	10:30 AM

ALLEGATION(S):

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Staff handled child in care in a rough manner.
Staff yelled at children.
Staff failed to maintain school grounds in good repair.
Facility has fleas.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Barajas conducted an unannounced complaint inspection to investigate the above allegations. This is a continuation of the investigation initiated on 12/02/19. Upon arrival LPA met with Director: Robyn Poppen, who guided LPA on tour of the facility. LPA observed 18 preschool children playing in front playground with two Staff Maria Calderon and Kris Yuan. 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.
During the investigation on 12/02/19 and 01/29/2020, LPA conducted a full facility inspection, LPA interviewed Director, 4 staff members on 12/02/19, 2 children were interviewed on 12/02/19 and 3 children interviewed on 01/29/2020, and another child on a separate date, 5 parents were interviewed, reviewed Staff personal files, obtained copy of the Children’s Roster (LIC 9040), Personnel Report (LIC 500), and reviewed facility reports on file, and took pictures.
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Unsubstantiated

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: 01/29/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/29/2020

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-20191122160109

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: TOWN & COUNTRY PRESCHOOL	FACILITY NUMBER: 304370898
	VISIT DATE: 01/29/2020

NARRATIVE

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Complaint allegation: Staff handled child in care in a rough manner. Complainant Party (CP) stated never spoke to Director regarding allegation as Director was part of the problem and was not very approachable. CP stated witnessed Director grab child and pushed child into office. Child handled in rough manner is no longer attending day care.

The Director denied allegations. Director disclosed on 12/02/19, has not observed a Staff pull a child into another room to discipline child. Director stated if a child is having a hard time, Director brings child into her office and talks to child. Director stated tries to figure out why child is acting up or what is going on with child but then returns child back to classroom. Director stated when child has a temper tantrum Staff have child sit and calm down if Staff needs Directors help then she steps in or child goes to her office.

During investigation, LPA interviewed 4 staff members on 12/02/19, who all stated have never seen a staff pull child to another classroom to discipline. A Staff disclosed during interview that children are disciplined by supervising and calming child's body down, facility has no designated time out area. A Second staff was interviewed and stated has never seen staff handle children roughly. Same Staff disclosed facility does not have a discipline plan, Staff talk to children and if children are having a rough day, and if needed Director takes child to her office and calms and talks to child. Two Staff disclosed there is two children who do visit Director’s office for comfort and to calm down. Both Staff disclosed Child# 4 and Child#5 are hard drop offs, and Director takes to office to calm down.

LPA interviewed 5 Parents on 12/06/19 via phone, all parents did not provide any details regarding children being handled in a rough manner nor had concerns. LPA interviewed 6 children on 12/02/19, 12/11/19, and 01/29/2020 and children did not disclose any details.

Based on the interviews conducted with Director, 4 Staff, 5 Parents and 6 children, there is insufficient evidence to prove if the violation did or did not occur. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation: Staff handled child in care in a rough manner did or did not occur, therefore the allegation is UNSUBSTANTIATED.

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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: 01/29/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/29/2020

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20191122160109

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: TOWN & COUNTRY PRESCHOOL	FACILITY NUMBER: 304370898
	VISIT DATE: 01/29/2020

NARRATIVE

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Complaint Party (C/P) reported a second allegation: Staff yelled at children. CP disclosed Staff#4 yelled at Child#2 a few times for not writing name on a piece of paper or for not eating a tomato during lunch time. CP also disclosed Staff#1 is verbally abusive toward children and yells “ shut up or stop crying”. CP also disclosed witnessed Staff#5 yelling at a child inside the office. CP never confronted Staff#4.

During Interview conducted on 12/02/19, Director disclosed has never heard any staff yell at children. Director disclosed staff do not yell but do raise their voice. Director disclosed if children do not want to eat, staff provide parents a lunch menu, parents can drop off food for children and facility provides snacks, its children’s choice if they want to eat.

During interviews conducted, 4 staff were interviewed on 12/02/19. A Staff disclosed Staff do not yell but are firm with Children. Two Staff disclosed have never heard staff yell at children. Another Staff disclosed has heard Staff#1 yell and can hear Staff yelling from a different room. Staff disclosed has heard Staff yell “Stop Crying”, Staff disclosed has brought it to Director's attention.

LPA interviewed 5 Parents on 12/06/19 via phone, all parents did not provide any details or concerns regarding children being yelled at by Staff. LPA interviewed 6 children separately and children did not disclose any details regarding allegation.

Based on the interviews conducted with Director, 4 Staff, 5 Parents and 6 children, there is insufficient evidence to prove if the violation did or did not occur. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation: Staff yelled at children did or did not occur, therefore the allegation is UNSUBSTANTIATED.**

Complaint Party(C/P), reported an allegation: Staff failed to maintain school grounds in good repair. CP stated concrete pavement in small playground on side of classroom area is uneven, cracked and has holes, C/P disclosed it’s a safety hazard.

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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: 01/29/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/29/2020

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20191122160109

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: TOWN & COUNTRY PRESCHOOL	FACILITY NUMBER: 304370898
	VISIT DATE: 01/29/2020

NARRATIVE

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During interview conducted with Director on 12/02/19, Director disclosed children hardly play in small side playground, children mostly play in front playground. The side playground is used for storage. Director stated facility does not have many children in care, therefore no need to separate children in playgrounds, it’s hardly used and when used, Staff have 100% supervision.

During interviews conducted on 12/02/19, 4 staff disclosed they maintain supervision outdoors by walking around, everywhere, have approximately 12 children with 1 staff and if 24 children there is 3 staff outside supervising children.

LPA interviewed 5 Parents on 12/06/19 via phone, all parents did not provide any details or concerns regarding school grounds not being in good repair. LPA interviewed 6 children separately and children did not disclose any details.

Based on LPA Barajas observation on 12/02/19 and 01/29/2020 and pictures taken, of small side playground, no children were observed playing in the playground area. Upon arrival and throughout the day children were observed playing in front playground. LPA observed cracks in cement pavement, however not deep enough to cause an accident or be a tripping hazard.

Based on the statements provided by Director, 4 staff, 5 parents interviewed, and LPA Barajas visual observation and inspection of facility on 12/02/19 and 01/29/2020 did not observe children playing in side playground, pictures taken and the information gathered there is insufficient evidence to prove Staff failed to maintain school grounds in good repair, although LPA observed cracks in cement pavement, however not deep enough to cause an accident or be a tripping hazard. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation of Staff failed to maintain school grounds in good repair did or did not occur, therefore the allegation is UNSUBSTANTIATED.

Complaint Party(C/P), reported an allegation: Facility has fleas. CP stated facility has a petting zoo at school and the animals have fleas. C/P stated child got flea bites all over body. C/P stated flea bites occurred in August 2019, child was treated for flea bites. CP did not provide medical documents. CP did not bring up flea incidents to facility staff or Director.
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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: 01/29/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/29/2020

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20191122160109

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: TOWN & COUNTRY PRESCHOOL	FACILITY NUMBER: 304370898
	VISIT DATE: 01/29/2020

NARRATIVE

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During interview conducted with Director on 12/02/19, Director disclosed children do not pet animals. Director stated children walk by the animal cage area but do not go inside, its gated. Director disclosed there is an adult who comes to the facility in the morning and afternoon to feed and care for the animals. Director disclosed the animal maintenance is conducted by an adult who cleans the horse corral once a month, the chicken coop and bunnies as needed. Director stated sometimes helps with the cleaning. Facility is usually cleaned on Saturdays. Director disclosed facility works with company Orkin Termite Exterminators, who conduct services once a month, when children are not present. Director disclosed no parents have complained about animals or bites. Director disclosed children do not interact with animals nor pet them.

During interviews conducted on 12/02/19, all 4 staff disclosed children do not interact with zoo animals. Animals are cleaned by an adult who comes to facility in the weekends or in the afternoons. All staff disclosed animals are always inside their cages and children just observe them from playground, don’t touch animals, as they are in cages and there is a locked gate. All staff disclosed parents have not had concerns or complained of animal bites.
LPA interviewed 5 Parents on 12/06/19 via phone, all parents did not provide any details or concerns regarding animals, petting zoo at the facility. Some Parents disclosed they loved the idea children get to experience and see animals daily at day care facility. A parent disclosed children learned a lot with animals, nothing to be concerned, it is one of the reasons why child was signed up at day care facility, has no concerns and thinks its great place. LPA interviewed 6 children separately and all children did not disclose any details regarding allegation.

Based on LPA Barajas observation on 12/02/19 and 01/29/2020 and pictures taken, of petting farm animals, gates, during facility inspection, no children were observed playing or interacting with farm animals. Upon arrival and throughout the day children were observed playing in front playground, with no access to farm animals. LPA observed cages, gates, and fences that were locked and inaccessible to children in care.

Based on the statements provided by Director , 4 staff, 5 parents interviewed, and LPA Barajas visual observation and pictures taken, and the information gathered there is insufficient evidence to prove Facility has fleas. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation of Facility has fleas did or did not occur, therefore the allegation is UNSUBSTANTIATED.
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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: 01/29/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/29/2020

LIC9099 (FAS) - (06/04)

Page: 5 of 6

Control Number 06-CC-20191122160109

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: TOWN & COUNTRY PRESCHOOL	FACILITY NUMBER: 304370898
	VISIT DATE: 01/29/2020

NARRATIVE
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32	Page 6, Continued from Page 5 Exit interview was conducted with Director. Notice of Site Visit was posted during the visit. Facility representative 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.

SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 743-5149
LICENSING EVALUATOR NAME: Leonor Barajas	TELEPHONE: (714) 292-8628
LICENSING EVALUATOR SIGNATURE:	DATE: 01/29/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/29/2020

LIC9099 (FAS) - (06/04)

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