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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 364815787
Report Date: 03/12/2020
Date Signed: 03/16/2020 12:03:16 PM



STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501
This is an official report of an unannounced visit/investigation of a complaint received in our office on
03/12/2020 and conducted by Evaluator Nelson Zuniga
PUBLIC
COMPLAINT CONTROL NUMBER: 09-CC-20200312122651
FACILITY NAME:MEXICAN AMER. OPPORTUNITY FOUND. FREMONT PRESCH.FACILITY NUMBER:
364815787
ADMINISTRATOR:SUSAN GARCIAFACILITY TYPE:
850
ADDRESS:9950 FREMONT AVENUETELEPHONE:
(909) 626-1092
CITY:MONTCLAIRSTATE: CAZIP CODE:
91763
CAPACITY:72CENSUS: 53DATE:
03/12/2020
UNANNOUNCEDTIME BEGAN:
08:45 AM
MET WITH:Susana GarciaTIME COMPLETED:
05:00 PM
ALLEGATION(S):
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1. Children in care are not being supervised at all times

2. Licensee is not reporting children incidents required by state regulations to Community Care Licensing Division
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Nelson conducted an onsite investigation into the above allegations. Facility was toured, records were reviewed, staff were interviewed, and observations were made by LPA Zuniga of the children classroom to bathroom -bathroom to classroom transition.
The following is learned: Interviews held, and children observations made by LPA Zuniga support the allegations noted above.
First allegation:
Classroom #4 and #5 rooms and doors to the classroom, face the front of the building, parking lot and city street. Classroom # 4 is the closes room to the bathroom as classroom #5 is farther away. In order for children in rooms #4 and #5 to use the bathroom, the children have to be walked on the sidewalk, located along the front of the building/classrooms, about 50 feet and around the corner where there is an pass way/hall way area, about 20 feet, open the wrought iron gate and use bathroom. The children bathrooms are located behind this wrought iron gate. (CONTINUE ON LIC9099C AND LIC 9099D)
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Gilbert SenaTELEPHONE: (951) 782-4844
LICENSING EVALUATOR NAME: Nelson ZunigaTELEPHONE: (951) 782-6634
LICENSING EVALUATOR SIGNATURE:

DATE: 03/12/2020
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/12/2020
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 09-CC-20200312122651
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501
FACILITY NAME: MEXICAN AMER. OPPORTUNITY FOUND. FREMONT PRESCH.
FACILITY NUMBER: 364815787
VISIT DATE: 03/12/2020
NARRATIVE
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At the time of LPA arrival to the center. LPA was walking from the parking lot to the day care office. LPA Zuniga observed Staff #1 (S1) moving children from the wrought iron gate, next to the bathroom to the classroom. Two children, Child #1 (C1) and Child #2 (C2) ran around the corner of the building, on the sidewalk and halfway to classroom while S1 was calling their names and was unable to see the children around the corner.

S1 did not deny the incident to LPA Zuniga and agreed that she could not see the children around the corner. LPA express concern to teacher and director about this observation. LPA informed them that children shall be supervised at all times, per California Code of Regulations. The current transition process does not allow this to be done, because children are running out into areas where they cannot always be supervised by staff.

Second allegation:

The center director admitted to not reporting two reportable events to Community Care Licensing Division. Director states that she will follow up with unusual incident reports for both incidents.

Based on LPA Zuniga observations and interviews, the preponderance of evidence standard has been met, therefore the above allegations are found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12, & Chapter 1, are being cited on the attached LIC 9099D.

An exit interview was conducted, and a copy of this report was reviewed. Licensee was provided a copy of appeal rights and their signature on this form acknowledges receipt of these rights. Notice of Site Visit issued. A copy of this report must be made available to the public for 3 years.
SUPERVISOR'S NAME: Gilbert SenaTELEPHONE: (951) 782-4844
LICENSING EVALUATOR NAME: Nelson ZunigaTELEPHONE: (951) 782-6634
LICENSING EVALUATOR SIGNATURE:

DATE: 03/12/2020
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/12/2020
LIC9099 (FAS) - (06/04)
Page: 5 of 5
Citations on this Visit Report are Under Appeal!

Control Number 09-CC-20200312122651
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501

FACILITY NAME: MEXICAN AMER. OPPORTUNITY FOUND. FREMONT PRESCH.
FACILITY NUMBER: 364815787
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 03/12/2020
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Under Appeal
Type A
03/13/2020
Section Cited
CCR
101229(a)(1)
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101229 Responsibility for Providing Care and Supervision: The licensee shall provide care and supervision as necessary to meet the children's needs. No child(ren) shall be left without the supervision of a teacher at any time, ...Supervision shall include visual observation. This requirement was not met as evidence by: LPA observed Staff #1(S1)
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S1 did not deny the incident to LPA Zuniga and agreed that she could not see the children around the corner.
PLAN OF CORRECTION:
Licensee states that training will be provided to all staff on supervision and transition of children in care.
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 moving children from the wrought iron gate, next to the bathroom to the classroom. Two children, Child #1 (C1) and Child #2 (C2) ran around the corner of the building, on the sidewalk and halfway to classroom while S1 was calling their names and was unable to see the children around the corner.......
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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: Gilbert SenaTELEPHONE: (951) 782-4844
LICENSING EVALUATOR NAME: Nelson ZunigaTELEPHONE: (951) 782-6634
LICENSING EVALUATOR SIGNATURE:

DATE: 03/12/2020
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/12/2020
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 09-CC-20200312122651
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501

FACILITY NAME: MEXICAN AMER. OPPORTUNITY FOUND. FREMONT PRESCH.
FACILITY NUMBER: 364815787
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 03/12/2020
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
03/16/2020
Section Cited
CCR
101212(d)
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101212 REPORTING REQUIREMENTS: Upon the occurrence, during the operation of the child care center of any of the events specified in (d)(1) below, a report shall be made to the Department by telephone or fax within the Department's next working day and during its normal business hours. In addition, a written report containing the information
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Licensee states that two unusual incidents will be provided to Community Care Licensing. Moreover, Licensee will provide training to all staff on Reporting Requirements.
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specified in (d)(2) below shall be submitted to the Department within seven days following the occurrence of such event. This requirement was not met as evidence by: The director admitted to not reporting 2 reportable events to the Community Care Licensing Division. This is a potential health and safety risk to children in care.
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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: Gilbert SenaTELEPHONE: (951) 782-4844
LICENSING EVALUATOR NAME: Nelson ZunigaTELEPHONE: (951) 782-6634
LICENSING EVALUATOR SIGNATURE:

DATE: 03/12/2020
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/12/2020
LIC9099 (FAS) - (06/04)
Page: 3 of 5