376700600-11-16-2023-10-CC-PBER-CXTPFY-20231122101731

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 376700600
Report Date: 11/16/2023
Date Signed: 11/16/2023 10:35:59 AM

Substantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
RIVERSIDE SE CC RO, 3737 MAIN STREET, STE 700
RIVERSIDE, CA 92501

This is an official report of an unannounced visit/investigation of a complaint received in our office on
10/12/2023 and conducted by Evaluator William M Chancellor Jr.

PUBLIC

COMPLAINT CONTROL NUMBER: 10-CC-20231012130500

FACILITY NAME:	EES-DAVID & JILLIAN GILMOUR EARLY EDUCATION		FACILITY NUMBER:	376700600
ADMINISTRATOR:	KELLY GERTH		FACILITY TYPE:	850
ADDRESS:	735 AVENIDA DE BENITO JUAREZ		TELEPHONE:	(760) 639-4170
CITY:	VISTA	STATE: CA	ZIP CODE:	92083
CAPACITY:	102	CENSUS: 50	DATE:	11/16/2023
		UNANNOUNCED	TIME BEGAN:	08:00 AM
MET WITH:	Delilah Rodriguez		TIME COMPLETED:	08:59 AM

ALLEGATION(S):

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The facility does not provide a safe playground environment

INVESTIGATION FINDINGS:

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On November 16, 2023, Licensing Program Analyst (LPA) William Chancellor and Licensing Program Manager (LPM) Pauline Beschorner arrived unannounced to EES David and Jillian Gilmour Early Education (CCC) and met with Acting Site Director (AD) Delilah Rodriguez to deliver the investigative finding’s regarding the allegation listed above. On October 17th, 2023, at 9:15AM LPA opened the investigation at the CCC and conducted a census, seventy-seven (77) children were present. During this investigation, LPA conducted interviews with (AD) and six staff.
On October 12, 2023, Community Care Licensing (CCL) received a complaint alleging that the facility does not provide a safe playground environment. On October 17th, LPA Chancellor observed the playground to be under construction and observed the following hazards on the playground: At the top of the hill was a large hole and uneven terrain with loose gravel and an exposed bike track border, creating a step and tripping hazard. In the middle of the bike track was missing grass, uneven terrain, and another hole where the roots of grass were exposed creating a tripping hazard. To the left of the bike track was a puddle of mud, caused from a ruptured sprinkler creating a puddle. Near the puddle was a swarm of bees. The puddle of mud was coned off into a square with caution tape. Towards the bottom of the grass field is an open gazebo with an uneven floor and a hole. When looking down on the field, the far right of the playground along the elementary school, was also taped off into a long rectangle the entire length of the field, due to large amounts of bees gathering and pollen falling from the trees. LPA Chancellor counted at least four hidden holes in the grass scattered throughout the field that cannot be seen but are under the grass caused from water collecting in the ground. Collectively throughout the field were nine holes, causing a tripping hazard where children can either slip, trip or fall. LPA observed two children collide who were attempting to run down the large hill onto the grass. LPA also observed one child slip on the gravel and fall due to the exposed paver boarder.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Pauline Beschorner	TELEPHONE: (951) 782-6641
LICENSING EVALUATOR NAME: William M Chancellor Jr.	TELEPHONE: 951-218-3214
LICENSING EVALUATOR SIGNATURE:	DATE: 11/16/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/16/2023

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 10-CC-20231012130500

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
RIVERSIDE SE CC RO, 3737 MAIN STREET, STE 700
RIVERSIDE, CA 92501

FACILITY NAME: EES-DAVID & JILLIAN GILMOUR EARLY EDUCATION	FACILITY NUMBER: 376700600
	VISIT DATE: 11/16/2023

NARRATIVE

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Eight (8) of Eight (8) interviews confirmed that children get hurt on the playground almost daily due to tripping, slipping, or falling in the uneven terrain on the playground and limited space due to the renovations. Interviews also confirmed that the hidden holes in the grass are a hazard for both the children and the staff, as “you don’t know where to step.”

Based on record review, interviews, and observation the preponderance of evidence standard has been met. The above allegation is found to be SUBSTANTIATED. California Code of Regulations (Title 22, Division 12 & Chapter 1) 101238.2 (d)(2) is being cited on the attached LIC 9099D.

An exit interview was conducted, a copy of this report along with appeal rights were discussed and provided to Acting Site Director Delilah Rodriguez. A notice of site visit was also provided and must remain posted for 30 days.

SUPERVISOR'S NAME: Pauline Beschorner	TELEPHONE: (951) 782-6641
LICENSING EVALUATOR NAME: William M Chancellor Jr.	TELEPHONE: 951-218-3214
LICENSING EVALUATOR SIGNATURE:	DATE: 11/16/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/16/2023

LIC9099 (FAS) - (06/04)

Page: 2 of 5

Control Number 10-CC-20231012130500

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
RIVERSIDE SE CC RO, 3737 MAIN STREET, STE 700
RIVERSIDE, CA 92501

FACILITY NAME: EES-DAVID & JILLIAN GILMOUR EARLY EDUCATION	FACILITY NUMBER: 376700600
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 11/16/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 12/06/2023 Section Cited CCR 101238.2(d)(2)	1 2 3 4 5 6 7	101238.2(d)(2) Outdoor Activity Space (d) The surface of the outdoor activity space shall be maintained: (2) Free of hazards including, but not limited to, holes, broken glass and other debris, and dry grasses that pose a fire hazard. This requirement is not met as evidence by:	1 2 3 4 5 6 7	Facility will submit a plan in writing to LPA Chancellor by COB 12/16/2023 that describes how the facility will ensure daily the health and safety of the children in care while the renovations of the playground are taking place. Director agrees to fill the holes that cause tripping hazards on the playground by COB 12/1/23 and send pictures to LPA Chancellor by 12/4/23.
	8 9 10 11 12 13 14	Based on interviews, observation and record review LPA Chancellor counted approximately nine holes and uneven terrain caused from eroded ground and loose gravel which poses a potential health, safety or personal rights risk to children in care	8 9 10 11 12 13 14
	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: Pauline Beschorner	TELEPHONE: (951) 782-6641
LICENSING EVALUATOR NAME: William M Chancellor Jr.	TELEPHONE: 951-218-3214
LICENSING EVALUATOR SIGNATURE:	DATE: 11/16/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/16/2023

LIC9099 (FAS) - (06/04)

Page: 3 of 5

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
RIVERSIDE SE CC RO, 3737 MAIN STREET, STE 700
RIVERSIDE, CA 92501

This is an official report of an unannounced visit/investigation of a complaint received in our office on
10/12/2023 and conducted by Evaluator William M Chancellor Jr.

PUBLIC

COMPLAINT CONTROL NUMBER: 10-CC-20231012130500

FACILITY NAME:	EES-DAVID & JILLIAN GILMOUR EARLY EDUCATION		FACILITY NUMBER:	376700600
ADMINISTRATOR:	KELLY GERTH		FACILITY TYPE:	850
ADDRESS:	735 AVENIDA DE BENITO JUAREZ		TELEPHONE:	(760) 639-4170
CITY:	VISTA	STATE: CA	ZIP CODE:	92083
CAPACITY:	102	CENSUS: 50	DATE:	11/16/2023
		UNANNOUNCED	TIME BEGAN:	08:00 AM
MET WITH:	Delilah Rodriguez		TIME COMPLETED:	08:59 AM

ALLEGATION(S):

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Child sustained unexplained injury while in care
Staff do not provide proper supervision to children in care

INVESTIGATION FINDINGS:

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Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Pauline Beschorner	TELEPHONE: (951) 782-6641
LICENSING EVALUATOR NAME: William M Chancellor Jr.	TELEPHONE: 951-218-3214
LICENSING EVALUATOR SIGNATURE:	DATE: 11/16/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/16/2023

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

Page: 4 of 5

Control Number 10-CC-20231012130500

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
RIVERSIDE SE CC RO, 3737 MAIN STREET, STE 700
RIVERSIDE, CA 92501

FACILITY NAME: EES-DAVID & JILLIAN GILMOUR EARLY EDUCATION	FACILITY NUMBER: 376700600
	VISIT DATE: 11/16/2023

NARRATIVE

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Regarding the second allegation, staff do not provide proper supervision to children in care, it is alleged that a child (C2) wandered from their class and was found by another teacher. Four (4) interviews revealed C2 was not with their immediate classroom, C2 was still on the playground and did not leave the sight of other teachers on the playground. Three (3) interviews revealed C2 was a newly enrolled child and not familiar with the routine. C2 did leave the immediate vicinity of their classroom on the field but C2 was still in the line of sight and on the playground near other teachers that were supervising children at recess. This isolated incident occurred when classrooms were in a transition phase and rotating areas on the playground as a group, to increase supervision of children in each classroom due to construction. The facility recently transitioned to allowing children to migrate on the playground independently. Teachers were observed by LPA to radio other teachers through walkie talkies, depending on where increased supervision and engagement is required.

Based on conflicting statements, LPA is unable to corroborate the allegations that a child sustained unexplained injuries while in care and staff do not provide proper supervision to children in care. Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the allegations did or did not occur, therefore the allegations are unsubstantiated at this time.

An exit interview was conducted, a copy of this report along with appeal rights were discussed and provided to Acting Site Director (AD) Delilah Rodriguez. A notice of site visit was also provided and must remain posted for 30 days.

SUPERVISOR'S NAME: Pauline Beschorner	TELEPHONE: (951) 782-6641
LICENSING EVALUATOR NAME: William M Chancellor Jr.	TELEPHONE: 951-218-3214
LICENSING EVALUATOR SIGNATURE:	DATE: 11/16/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/16/2023

LIC9099 (FAS) - (06/04)

Page: 5 of 5