376700459-4-5-2022-20-CC-CGRY-CDE2D5-20220411171743

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 376700459
Report Date: 04/05/2022
Date Signed: 04/05/2022 01:44:47 PM

Unsubstantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 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
01/13/2022 and conducted by Evaluator Marie Hernandez

PUBLIC

COMPLAINT CONTROL NUMBER: 20-CC-20220113103113

FACILITY NAME:	HIGHER LEARNING ACADEMY		FACILITY NUMBER:	376700459
ADMINISTRATOR:	RACHEL VILLARESPE		FACILITY TYPE:	850
ADDRESS:	9467 JAMACHA BOULEVARD		TELEPHONE:	(619) 300-6964
CITY:	SPRING VALLEY	STATE: CA	ZIP CODE:	91977
CAPACITY:	62	CENSUS: 50	DATE:	04/05/2022
		UNANNOUNCED	TIME BEGAN:	12:45 PM
MET WITH:	Maurice Agnes, Facility Director		TIME COMPLETED:	01:45 PM

ALLEGATION(S):

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Staff are not wearing a mask.
Facility is operating out of ratio.
Staff do not respond to a day-care child's representative.
Staff neglected to change a day-care child's diaper.
Staff are not feeding a day-care child enough at mealtimes.
Staff are not ensuring a day-care child is appropriately groomed.
Staff are not enforcing Covid related procedures.

INVESTIGATION FINDINGS:

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On April 5, 2022, at 12:45 PM, Licensing Program Analyst (LPA), Marie Hernandez conducted an unannounced visit to deliver the complaint investigation findings to the above allegations. LPA met with the Facility Director, Maurice Agnes. Present are fifty children with nine staff. Through the course of the complaint investigation, LPA conducted several confidential interviews with twelve children, nine staff, nine day care parents, the facility representatives, and the Child Nutrition Representative. LPA toured the facility, inspected the food supply, reviewed pertinent information, including the facility menus, COVID-19 emergency procedures, sign in/out sheets, records review, and the children’s diapering/potty training schedules. The interviews revealed that if a child is still hungry after mealtime, the child is offered a snack or an alternative food item. However, it could not be determined whether the children are receiving the required meal portions, for the age group served. The day care children and day care parents did not disclose anything inappropriate at the facility or with the staff. The parents stated they do not have any issues or concerns with the facility or the staff. The facility representatives and the staff denied the allegations. The staff stated the children are appropriately groomed especially when taken outside and/or during in-climate weather.

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Cynthia Gray	TELEPHONE: (619) 767-2258
LICENSING EVALUATOR NAME: Marie Hernandez	TELEPHONE: (619) 767-2224
LICENSING EVALUATOR SIGNATURE:	DATE: 04/05/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/05/2022

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 20-CC-20220113103113

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

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

FACILITY NAME: HIGHER LEARNING ACADEMY	FACILITY NUMBER: 376700459
	VISIT DATE: 04/05/2022

NARRATIVE

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Several children did not disclose whether they are groomed appropriately by the staff and/or for the in-climate weather. The staff denied being out of ratio. LPA reviewed pertinent information but could not determine whether the facility was out of ratio or not. The facility representatives and the staff denied the allegations and stated they are wearing their facial coverings/masks and are following the COVID-19 procedures. During LPA’s unannounced complaint investigation inspection at the facility, LPA observed the children and staff wearing their facial coverings. However, it could not be determined whether the staff and children were wearing their facial coverings daily as required by the State Public Health Officer Order dated June 11, 2021, requiring compliance with CDPH Guidance for the Use of Face Coverings. The interviews revealed that staff and children are not allowed to attend the facility if they are sick or diagnosed with COVID-19. The staff and the facility representatives stated they are available during day care hours and that no visitor, representative or parent attempted to speak with them pertaining to a child sustaining diaper rash or any other issues or concerns. The staff and the facility representatives stated they have not observed any child sustaining diaper rash at the facility and that they change a child’s diaper as needed. However, the Reporting Party is adamant that the above allegations occurred at the facility.

Based on the interviews and information obtained, there was conflicting evidence to corroborate the allegations that “Staff are not wearing a mask,” “Facility is operating out of ratio,” “Staff do not respond to a day-care child's representative,” “Staff neglected to change a day-care child's diaper,” “Staff are not feeding a day-care child enough at mealtimes,” “Staff are not ensuring a day-care child is appropriately groomed,” and the “Staff are not enforcing Covid related procedures.” Therefore, the allegations are found to be UNSUBSTANTIATED meaning that although the allegations may have happened or are valid, there is not a preponderance of the evidence to prove that the alleged violations occurred.

LPA Marie Hernandez explained the complaint investigation report and the appeal rights to the Director. The Director was provided a copy of the report, notice of site visit, and the appeal rights. LPA observed the notice of site visit being posted at the facility.

SUPERVISOR'S NAME: Cynthia Gray	TELEPHONE: (619) 767-2258
LICENSING EVALUATOR NAME: Marie Hernandez	TELEPHONE: (619) 767-2224
LICENSING EVALUATOR SIGNATURE:	DATE: 04/05/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/05/2022

LIC9099 (FAS) - (06/04)

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