376701125-5-6-2019-20-CC-CRAS-BCFVQV-20190523163855

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 376701125
Report Date: 05/06/2019
Date Signed: 05/06/2019 01:49:34 PM

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
03/25/2019 and conducted by Evaluator Marie Hernandez

PUBLIC

COMPLAINT CONTROL NUMBER: 20-CC-20190325161052

FACILITY NAME:	CONGREGATION BETH AM EARLY CHILDHOOD CENTER		FACILITY NUMBER:	376701125
ADMINISTRATOR:	DENISE NEIFELD		FACILITY TYPE:	830
ADDRESS:	5050 DEL MAR HEIGHTS ROAD		TELEPHONE:	(858) 481-2893
CITY:	SAN DIEGO	STATE: CA	ZIP CODE:	92130
CAPACITY:	36	CENSUS: 27	DATE:	05/06/2019
		UNANNOUNCED	TIME BEGAN:	09:30 AM
MET WITH:	Denise Neifeld & Mark Gulner, Representatives		TIME COMPLETED:	01:50 PM

ALLEGATION(S):

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Personal Rights: The teacher (staff #1) uses inappropriate discipline to control and/or restrain child #1, child #2, child #3 and child #4 during nap-time and circle time by placing her legs over the children's body.

Personal Rights: Child #1 sustained bruises on her legs and arms due to the teacher (staff #1) placing her legs and/or weight on child #1's body, to restrain child.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA), Marie Hernandez conducted the visit to deliver the complaint investigation findings of Unsubstantiated. LPA met with the Facility Representatives, Denise Neifeld, Mark Gulner, and Tamar Fischman-Marcus. Through the course of the complaint investigation, LPA interviewed several parents, staff, child #1, child #2, child #3, and child #4. However, the other children could not be interviewed as they are infants/toddlers and are too young or nonverbal. It is alleged that the teacher (staff #1) uses inappropriate discipline to control and/or restrain a twenty three month old child #1, including three two year old children #2, #3, and #4. The twenty three month old child #1 states the teacher (staff #1) put her legs on her (child #1) because she (child #1) was in trouble for not napping. Per LPA's interviews with parent and child #1, while at home, child #1 was playing with her doll, child placed the doll underneath her (child #1) legs and started yelling at the doll. Child #1 was telling the doll "Do not! "I told you not to get up!" Child #1 was asked by parent why are you doing this. Child #1 stated that she did not want to lye down on her cot and the teacher (staff #1) put her (teacher) foot on her (child #1). Child #1 was asked by parent if someone did that to her and child #1 responded "yeah, the teacher" (staff #1). Child #1 stated the teacher (staff #1) also put her legs on child #2. However, two year old child #2 did not state whether it occurred or not. Page 1 of 3

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Carolina Ramos	TELEPHONE: (619) 767-2206
LICENSING EVALUATOR NAME: Marie Hernandez	TELEPHONE: (619) 767-2224
LICENSING EVALUATOR SIGNATURE:	DATE: 05/06/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/06/2019

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-20190325161052

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: CONGREGATION BETH AM EARLY CHILDHOOD CENTER	FACILITY NUMBER: 376701125
	VISIT DATE: 05/06/2019

NARRATIVE

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Two year old child #4 stated child likes the teacher (staff #1) but saw the teacher (staff #1) put her legs on child #3. Child #4 demonstrated by crisscrossing child's legs and placing them on top of child's parent's legs. Two year old child #3 did not state whether this occurred or not with the teacher. The teacher (staff #1) denied the allegations. Staff #1 stated she never placed her legs on any child including child #1 as alleged. The teacher (staff #1) denied the allegations. Staff #1 stated she never placed her legs on any child including child #1 as alleged. Staff #1 stated she has been teaching for twenty plus years and has never been accused of abusing and/or hurting any child. Staff #1 stated if a child does not want to nap, she respects that and does not force or restrain a child to nap. Staff #1 stated when a child including child #1 becomes overly active and disruptive to other children, she (staff #1) redirects the child including child #1. Staff #1 stated child #1 is very active and falls down just like any other toddler. Staff #1 stated all toddlers fall and sustain minor bruising. Staff #1 stated she never caused any bruising on child #1 and/or any other child. Staff #1 stated she did not restrain any child and did not put her legs on child #1 or any other child. Staff #2 stated she has never observed staff #1 being inappropriate with the children including child #1 as alleged. It was reported that the parent asked staff #2 about the teacher (staff #1) placing her legs on child #1 to restrain child during nap time and that staff #2 told the parent that whenever the children run around and do not want to nap and/or lye on their cots, the staff including the teacher (staff #1) puts their foot on the children and that the staff including the teacher (staff #1) uses this method so that the children know the teachers presence. Staff #2 denies having this conversation with the parent. Staff #2 stated child #1 is very active and child usually sleeps on her stomach and moves around occasionally. Staff #2 stated she never told the parent that staff #1 put her legs on the children during nap-time. Staff #2 stated she is a mandated reporter and if this was happening to the children, she would have reported the abuse to the authorities. Staff #2 stated she told the parent that they (staff) only pat the children's back when they are restless and do not want to nap. Staff #2 stated she never had a discussion with this parent regarding staff #1 putting her legs on child #1. Staff #2 stated she sent this same parent a text but that her (staff #2) text was not in reference to the teacher (staff #1) placing her legs on the children during nap-time. Staff #2 stated she has never observed staff #1 putting her legs on any child including child #1. The other parents stated they have not observed anything inappropriate of the staff but that they are not at the day care (facility) during the day.

SUPERVISOR'S NAME: Carolina Ramos	TELEPHONE: (619) 767-2206
LICENSING EVALUATOR NAME: Marie Hernandez	TELEPHONE: (619) 767-2224
LICENSING EVALUATOR SIGNATURE:	DATE: 05/06/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/06/2019

LIC9099 (FAS) - (06/04)

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Control Number 20-CC-20190325161052

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: CONGREGATION BETH AM EARLY CHILDHOOD CENTER	FACILITY NUMBER: 376701125
	VISIT DATE: 05/06/2019

NARRATIVE

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The other parents stated their children appear to be happy and content at the day care and with the teacher (staff #1). The other parents stated they do not have any issues or concerns regarding the day care (facility) at this time. The staff stated they have not observed any staff person including staff #1 restraining and/or putting their legs on any child. Per LPA's investigation and the interviews conducted, there was insufficient evidence to prove or disprove that the teacher (staff #1) placed her legs on child #1 including the other children and causing the bruising on child #1's legs and arms and/or that the teacher inappropriately disciplined the children. Per Law Enforcement, based upon their investigation, there was no corroborating evidence and/or witnesses that the teacher (staff #1) physically abused child #1 or any other child.

Based upon the investigation findings, and the interviews conducted with several parents, children and the staff, the allegations lack sufficient evidence. Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the allegations are Unsubstantiated. It is the Reporting Party's word against the facility words. No deficiency cited.

An exit interview was conducted and a copy of the report along with the notice of site visit was provided to the Facility Director. LPA observed the Director post the Notice of Site Visit in a prominent. The Director stated it is understood that the notice must be posted for 30 days.

SUPERVISOR'S NAME: Carolina Ramos	TELEPHONE: (619) 767-2206
LICENSING EVALUATOR NAME: Marie Hernandez	TELEPHONE: (619) 767-2224
LICENSING EVALUATOR SIGNATURE:	DATE: 05/06/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/06/2019

LIC9099 (FAS) - (06/04)

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