376700600-12-9-2021-10-CC-PBER-CAET5W-20220106132610

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 376700600
Report Date: 12/09/2021
Date Signed: 12/09/2021 10:36:39 AM

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 STREET, STE 700
RIVERSIDE, CA 92501

This is an official report of an unannounced visit/investigation of a complaint received in our office on
11/09/2021 and conducted by Evaluator Ana Noble

PUBLIC

COMPLAINT CONTROL NUMBER: 10-CC-20211109144227

FACILITY NAME:	EES-DAVID & JILLIAN GILMOUR EARLY EDUCATION		FACILITY NUMBER:	376700600
ADMINISTRATOR:	JESSICA DORN		FACILITY TYPE:	850
ADDRESS:	735 AVENIDA DE BENITO JUAREZ		TELEPHONE:	(760) 639-4170
CITY:	VISTA	STATE: CA	ZIP CODE:	92083
CAPACITY:	102	CENSUS: 46	DATE:	12/09/2021
		UNANNOUNCED	TIME BEGAN:	09:23 AM
MET WITH:	Patricia Smith		TIME COMPLETED:	10:45 AM

ALLEGATION(S):

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Personal Rights: Staff yells at child in care.
Personal Rights: Staff inappropriately handle child.

INVESTIGATION FINDINGS:

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Licensing Program Analysts (LPAs) Ana Noble and Jeanette Sanchez arrived at this facility to conclude the investigation on the above allegations. LPAs met with Patricia Smith and provided purpose of visit, toured and conducted census. Previous visits were conducted on 11/17/2021 and 11/19/2021. On these dates, staff interviews were conducted and records were reviewed and obtained.

It was alleged staff yell at child in care and inappropriately handle child. Based on interviews with relevant parties the following was revealed: Staff #1, 2 and 3 inappropriately handle the children while in care. These 3 staff have been observed grabbing, pulling and pushing or nudging forcefully on children. When children don't get in line or when children are not allowed to play in certain areas, these 3 staff have also been heard yelling at the children in a demeaning tone. Witnesses have also observed staff taking toys away, not providing more food when children ask for more food and forcing children to sleep. It was disclosed that the tone used by these staff is demeaning, demanding, intimidating and humilating to the children, and that children sometimes cry. This has been occuring on a daily basis for the past few months to a year.

See LIC 9099C for continuance of this report

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Pauline Beschorner	TELEPHONE: (951) 782-6641
LICENSING EVALUATOR NAME: Ana Noble	TELEPHONE: (951) 782-6646
LICENSING EVALUATOR SIGNATURE:	DATE: 12/09/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/09/2021

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-20211109144227

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 STREET, STE 700
RIVERSIDE, CA 92501

FACILITY NAME: EES-DAVID & JILLIAN GILMOUR EARLY EDUCATION	FACILITY NUMBER: 376700600
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 12/09/2021

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 12/10/2021 Section Cited CCR 101223(a)(3)	1 2 3 4 5 6 7	Personal Rights. (3) To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse or other actions of a punitive nature including but not limited to: interference with functions of daily living including eating, sleeping or toileting; or withholding of shelter, clothing, medication	1 2 3 4 5 6 7	Program Director agrees to conduct training on Personal Rights with all currently staff submit agenda with signatures of all staff acknowledging understanding of this regulation by 12/10/2021.
	8 9 10 11 12 13 14	or aids to physical functioning. This requirement was not met by evidence by: Staff #1,2 and 3 have been observed inappropriately handle the children-grabbing, pulling, pushing or nudging forcefully, yelling, forcing children to sleep and not providing more food when children ask for more. This is an immediate health and safety risk to>>>	8 9 10 11 12 13 14	>>>>children in care.
	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: Ana Noble	TELEPHONE: (951) 782-6646
LICENSING EVALUATOR SIGNATURE:	DATE: 12/09/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/09/2021

LIC9099 (FAS) - (06/04)

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Control Number 10-CC-20211109144227

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 STREET, STE 700
RIVERSIDE, CA 92501

FACILITY NAME: EES-DAVID & JILLIAN GILMOUR EARLY EDUCATION	FACILITY NUMBER: 376700600
	VISIT DATE: 12/09/2021

NARRATIVE

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This agency has investigated the above allegations of facility staff yells at child in care and inappropriately handle children. Based on LPA’s interviews conducted, these allegations are substantiated.

See LIC9099-D for deficiency cited. A Notice of Site Visit was posted.

An exit interview was conducted, appeal rights discussed and provided along with a copy of this report to Patricia Smith on this date. A copy of this report must be made available to the public upon request for three years.

Ms. Smith was advised that Acknowledgement of Receipt of Licensing Report, LIC9224 must be provided to all currently enrolled and newly enrolled family for 12 months and provide a copy of the Type A Deficiency.

SUPERVISOR'S NAME: Pauline Beschorner	TELEPHONE: (951) 782-6641
LICENSING EVALUATOR NAME: Ana Noble	TELEPHONE: (951) 782-6646
LICENSING EVALUATOR SIGNATURE:	DATE: 12/09/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/09/2021

LIC9099 (FAS) - (06/04)

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