376600887-6-13-2024-20-CC-JGAY-D6CT9N-20240618143214

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 376600887
Report Date: 06/13/2024
Date Signed: 06/13/2024 11:15:08 AM

Substantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN DIEGO CC RO, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108

This is an official report of an unannounced visit/investigation of a complaint received in our office on
03/21/2024 and conducted by Evaluator Daniela Huerta

PUBLIC

COMPLAINT CONTROL NUMBER: 20-CC-20240321092600

FACILITY NAME:	ECS MONTGOMERY HEAD START		FACILITY NUMBER:	376600887
ADMINISTRATOR:	JAQUELINE ANDRADE		FACILITY TYPE:	850
ADDRESS:	3240 PALM AVENUE		TELEPHONE:	(619) 424-4027
CITY:	SAN DIEGO	STATE: CA	ZIP CODE:	92154
CAPACITY:	120	CENSUS: 6	DATE:	06/13/2024
		UNANNOUNCED	TIME BEGAN:	09:03 AM
MET WITH:	Director, Maria Cabello		TIME COMPLETED:	11:15 AM

ALLEGATION(S):

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Staff used restroom designated for children while day care children were present.
Staff did not ensure required ratios were maintained.

INVESTIGATION FINDINGS:

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On 06/13/2024, at 9:03 a.m. Licensing Program Analyst (LPA), Daniela Huerta conducted an unannounced complaint inspection to deliver complaint finding for the above listed allegations. LPA met with Director, Maria Cabello, and advised her of the purpose of the inspection and conducted a tour of the facility. During the inspection the Director, five (5) staff and 6 (six) children were present.

During the course of the investigation, interviews were conducted with Director, six (6) facility staff and six (6) daycare children. No parent interviews were conducted due to irrelevancy to allegations. LPA obtained and reviewed the Facility Roster, staff handbook, plan of operation, staff records and sign in/out sheet that were relevant to the investigation.

It was determined that on 02/05/2024, assistant teacher (S1) used the children’s restroom located inside Classroom #6 while children were present inside the classroom.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Jason Garay	TELEPHONE: (619) 767-2250
LICENSING EVALUATOR NAME: Daniela Huerta	TELEPHONE: 619-767-2214
LICENSING EVALUATOR SIGNATURE:	DATE: 06/13/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/13/2024

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 20-CC-20240321092600

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN DIEGO CC RO, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108

FACILITY NAME: ECS MONTGOMERY HEAD START	FACILITY NUMBER: 376600887
	VISIT DATE: 06/13/2024

NARRATIVE

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During LPA’s interview with S1, S1 acknowledged that she used the children’s restroom, as no other staff were available to relieve her for a break. Teacher (S2) acknowledged in interview with LPA, that S1 used the bathroom, leaving S2 alone with 14 children. According to staff, during the incident, a white board was placed in the bathroom threshold for privacy and S2 redirected children to the opposite side of the classroom as the bathroom stalls do not contain doors. While S2 was left alone with 14 children, teacher child ratio was out of compliance.

Based on S1 and S2’s admissions, children’s interviews, and record review, 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 9099-D.

LPA Daniela Huerta informed Director, Maria Cabello that this report dated 06/13/2024 document(s) one (1) Type A citation which shall be posted for 30 consecutive days as there is immediate risk to the health, safety, or personal rights of children in care.

Also, LPA Daniela Huerta informed the Director, Maria Cabello to provide a copy of this licensing report dated 06/13/2024 that documents any Type A citation(s) to parents/guardians of all children currently enrolled by the next business day or the next day the children are in care, and to any newly enrolled parents/guardians for 12 months from the date of this report. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224), or other written statement, must be placed in the child's file for verification.

Exit interview conducted and report was reviewed with Director Maria Cabello. Applicant/Licensee Rights (LIC 9058) along with a copy of this report was provided to Licensee. A notice of site visit was given and must remain posted for 30 days.

SUPERVISOR'S NAME: Jason Garay	TELEPHONE: (619) 767-2250
LICENSING EVALUATOR NAME: Daniela Huerta	TELEPHONE: 619-767-2214
LICENSING EVALUATOR SIGNATURE:	DATE: 06/13/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/13/2024

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 20-CC-20240321092600

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN DIEGO CC RO, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108

FACILITY NAME: ECS MONTGOMERY HEAD START	FACILITY NUMBER: 376600887
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 06/13/2024

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 06/13/2024 Section Cited CCR 101216.3(a)	1 2 3 4 5 6 7	101216.3 (a) Teacher-Child Ratio. There shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance… This requirement was not met as evidenced by:	1 2 3 4 5 6 7	Director states that an all-staff training will be conducted that is to address staff bathroom breaks and teacher-child ratio. Director states she will submit a copy of topics to be covered in the training as well as the staff sign-in sheet for it to LPA by 07/26/2024.
	8 9 10 11 12 13 14	Based on interviews and record reviews, the licensee did not comply with the section cited above as it was determined that S2 was left alone supervising 14 children while S1 used the bathroom, which poses an immediate health, safety or personal rights risk to persons in care.	8 9 10 11 12 13 14
Type B 06/13/2024 Section Cited CCR 101239(i)	1 2 3 4 5 6 7	101239 (i) Fixtures, Furniture, Equipment and Supplies. There shall be one toilet…, separate from and in addition to the number of toilets…required in (h) above, designated for use by…staff, and for emergency use. This requirement was not met as evidenced by:	1 2 3 4 5 6 7	Director states that she will develop and submit a written plan to ensure sufficient staff coverage in order to provide the necessary breaks to staff while maintaining teacher child ratios during hours of operation. The plan is to be submitted to analyst by 06/27/2024.
	8 9 10 11 12 13 14	Based on LPA’s interviews and records review, the licensee did not comply with the section cited above as it was determined that S1 used the children’s bathroom located inside classroom #6, which posed a potential health, safety or personal rights risk to children in care.	8 9 10 11 12 13 14

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: Jason Garay	TELEPHONE: (619) 767-2250
LICENSING EVALUATOR NAME: Daniela Huerta	TELEPHONE: 619-767-2214
LICENSING EVALUATOR SIGNATURE:	DATE: 06/13/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/13/2024

LIC9099 (FAS) - (06/04)

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