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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376701136
Report Date: 12/05/2023
Date Signed: 12/05/2023 02:29:46 PM

Substantiated


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
09/06/2023 and conducted by Evaluator Diana Sanchez
PUBLIC
COMPLAINT CONTROL NUMBER: 20-CC-20230906122725
FACILITY NAME:NEWBREAK PLAYSCHOOLFACILITY NUMBER:
376701136
ADMINISTRATOR:TAFOYA, THEAFACILITY TYPE:
850
ADDRESS:4694 CAPE MAY AVENUETELEPHONE:
(619) 241-2910
CITY:SAN DIEGOSTATE: CAZIP CODE:
92107
CAPACITY:45CENSUS: 25DATE:
12/05/2023
UNANNOUNCEDTIME BEGAN:
01:20 PM
MET WITH:Mary Ann Serrano, Admin. DirectorTIME COMPLETED:
02:30 PM
ALLEGATION(S):
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Staff do not provide adequate supervision resulting in child hitting other children in care
INVESTIGATION FINDINGS:
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On December 5, 2023, at 1:20 PM Licensing Program Analyst (LPA) Diana Sanchez, made an unannounced complaint inspection today to deliver complaint findings for the above listed allegation. LPA met with facility administrative director, Mary Ann Serrano, and made her aware of the purpose for today’s inspection. The current census is 25.

This agency has investigated the above listed allegation. During the investigation, LPA conducted facility inspection, interviews with facility staff, daycare children and daycare parents. LPA reviewed children’s records including incident reports.

Based on interviews conducted it was determined that Child 1 (C1) continually acts aggressively towards other children in care. Although the facility stated they addressed C1 behavior issue with parent and staff during two separate parents conference. Facility staff and children interviewed reported that C1 continues to hit other children and staff.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Jason Garay
LICENSING EVALUATOR NAME: Diana Sanchez
LICENSING EVALUATOR SIGNATURE:

DATE: 12/05/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/05/2023
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 1 of 5
Control Number 20-CC-20230906122725
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: NEWBREAK PLAYSCHOOL
FACILITY NUMBER: 376701136
VISIT DATE: 12/05/2023
NARRATIVE
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Based on information obtained there were 28 documented incident reports of C1 hitting, biting, and punching children in care between 1/17/2023 thru 11/08/2023. There was one incident documented where C1 placed his hands around another child’s neck.

Based on interviews conducted and reports reviewed, the preponderance of evidence standard has been met, therefore the allegation of staff do not provide the adequate supervision resulting in child hitting other children in care is found to be SUBSTANTIATED. California Code of Regulations, (Title 22, Division 12 & Chapter 1), is cited on the attached LIC 9099D.

LPA D. Sanchez informed facility administrative director, Mary Ann Serrano that this report dated 12/05/2023 document(s) (1) Type A citation(s) which shall be posted for 30 consecutive days as there is immediate risk(s) to the health, safety, or personal rights of children in care.

Also, LPA D. Sanchez informed the facility administrative director, Mary Ann Serrano, to provide a copy of this licensing report dated 12/05/2023 that documents 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 facility administrative director, Mary Ann Serrano. A copy of this report, along with Appeal Rights (LIC9058) was provided. A notice of site visit was given and must remain posted for 30 days. LPA observed that the notice of site visit was posted during the inspection. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.
SUPERVISORS NAME: Jason Garay
LICENSING EVALUATOR NAME: Diana Sanchez
LICENSING EVALUATOR SIGNATURE:

DATE: 12/05/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/05/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 20-CC-20230906122725
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: NEWBREAK PLAYSCHOOL
FACILITY NUMBER: 376701136
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 12/05/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Deficiency Dismissed
Type A
12/08/2023
Section Cited
CCR
101229(a)(1)
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Responsibility for Providing Care and Supervision - (a) The licensee shall provide care and supervision…(1) No child(ren) shall be left without the supervision of a teacher at any time…Supervision shall include visual observation.

This requirement is not met as evidenced by:
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Director Thea Tafoya stated over the telephone, that she would submit a detailed written plan to ensure that incidents with C1 will no longer continue. She would email a copy of the plan to the San Diego Child Care Regional Office (SDCCRO) as proof of correction.
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Based on interviews conducted and records reviewed, the licensee did not comply with the section cited above, as facility did not provide adequate supervision resulting in C1 continually hitting other children in care, which poses an immediate Health, Safety, or personal rights risk to persons in care.
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Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.
SUPERVISORS NAME: Jason Garay
LICENSING EVALUATOR NAME: Diana Sanchez
LICENSING EVALUATOR SIGNATURE:

DATE: 12/05/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/05/2023
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
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
09/06/2023 and conducted by Evaluator Diana Sanchez
PUBLIC
COMPLAINT CONTROL NUMBER: 20-CC-20230906122725

FACILITY NAME:NEWBREAK PLAYSCHOOLFACILITY NUMBER:
376701136
ADMINISTRATOR:TAFOYA, THEAFACILITY TYPE:
850
ADDRESS:4694 CAPE MAY AVENUETELEPHONE:
(619) 241-2910
CITY:SAN DIEGOSTATE: CAZIP CODE:
92107
CAPACITY:45CENSUS: 25DATE:
12/05/2023
UNANNOUNCEDTIME BEGAN:
01:20 PM
MET WITH:Mary Ann Serrano, Admin. DirectorTIME COMPLETED:
02:30 PM
ALLEGATION(S):
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9
Licensee does not follow the admission policies for children in care
INVESTIGATION FINDINGS:
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On December 5, 2023, at 1:20 PM, Licensing Program Analyst (LPA), Diana Sanchez made an unannounced complaint inspection to deliver the complaint investigation findings for the above allegation. LPA met with administrative director Mary Ann Serrano and explained the purpose of today’s inspection. Current census is 25.

This agency has investigated the above listed allegation. During the investigation, LPA conducted facility inspection, interviews with facility staff, daycare children, daycare parents, review of parents’ handbook.
It was alleged that the facility does not follow the admission policies. The handbook states that if a child bites on the third time, parents would be called, and child would be immediately disenrolled. Facility staff provided copies of all incident reports. Although C1 has several incidents on file, there were only two incidents that involved biting.
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Jason Garay
LICENSING EVALUATOR NAME: Diana Sanchez
LICENSING EVALUATOR SIGNATURE:

DATE: 12/05/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/05/2023
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 20-CC-20230906122725
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: NEWBREAK PLAYSCHOOL
FACILITY NUMBER: 376701136
VISIT DATE: 12/05/2023
NARRATIVE
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There is insufficient evidence to support and no witnesses to corroborate the above allegation. LPA was unable to determine whether or not, the above allegation occurred. Although the allegations may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is Unsubstantiated.

Exit interview was conducted and report was reviewed with administrative director Mary Ann Serrano. A copy of this report, along with Appeal Rights (LIC9058), was provided. A notice of site visit was given and must remain posted for 30 days. LPA observed that the notice of site visit was posted during the inspection. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.
SUPERVISORS NAME: Jason Garay
LICENSING EVALUATOR NAME: Diana Sanchez
LICENSING EVALUATOR SIGNATURE:

DATE: 12/05/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/05/2023
LIC9099 (FAS) - (06/04)
Page: 5 of 5