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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376701170
Report Date: 04/19/2023
Date Signed: 04/20/2023 04:58:57 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
04/17/2023 and conducted by Evaluator Grace Curtis
COMPLAINT CONTROL NUMBER: 51-CC-20230417151525
FACILITY NAME:NEXT GENERATION EDUCATIONAL CENTERFACILITY NUMBER:
376701170
ADMINISTRATOR:EMALINA LEDBETTERFACILITY TYPE:
840
ADDRESS:8989 MIRA MESA BOULEVARDTELEPHONE:
(858) 536-8800
CITY:SAN DIEGOSTATE: CAZIP CODE:
92126
CAPACITY:26CENSUS: 10DATE:
04/19/2023
UNANNOUNCEDTIME BEGAN:
03:30 PM
MET WITH:Emalina LedbetterTIME COMPLETED:
05:15 PM
ALLEGATION(S):
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California Lead Action Level at Child Care Centers: Facility water has lead in it.
Personal Rights: Facility staff allowed daycare children to drink/consume water with lead in it.
Lead Action Level Exceedance Response Requirements: Facility did not inform daycare children’s parents of the presence of lead in the water at the facility.
INVESTIGATION FINDINGS:
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On April 20, 2023 at 3:30 p.m. Licensing Program Analyst (LPA) Leilani Curtis conducted an unannounced inspection to initiate a complaint investigation of the above allegations. Upon arrival LPA met with Director Emalina Ledbetter and proceeded to tour the facility. There were 10 children present with 1 staff member. Appropriate ratio/capacity was observed. The staff member has the required background clearances and is associated to the facility.

LPA interviewed staff and examined the faucets and drinking fountains deemed an Action Level Exceedance. The facility provided facility sketch, required forms (LIC 9275/9276) and plan of correction to the Department via email on 3/10/23. Faucets and drinking fountains reported with 5.5 ppb or greater lead exceedance levels were as follows:

Classroom 1 Faucet-A 34.00 ppb
Kitchen Faucet-B 38.00 ppb
Kitchen Faucet-B30 150.00 ppb
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Tashima DanielTELEPHONE: (619) 767-2242
LICENSING EVALUATOR NAME: Grace CurtisTELEPHONE: (619) 767-2235
LICENSING EVALUATOR SIGNATURE:

DATE: 04/19/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/19/2023
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 51-CC-20230417151525
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: NEXT GENERATION EDUCATIONAL CENTER
FACILITY NUMBER: 376701170
VISIT DATE: 04/19/2023
NARRATIVE
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The director states that the facility completed initial lead testing on 1/9/23. The results of the testing were received on or about 1/26/23. The parents/guardian of children enrolled were not notified of the lead exceedance nor were the results posted in the facility. The water faucets in exceedance were replaced. Children bring water bottles to school each day which are refilled with bottled water or filtered water. Bottled water is also used for food preparation. Prior to replacement all staff were informed not to use the faucets for drinking water or food preparation.

Based on interviews conducted by LPA and a record review the preponderance of evidence standard has been met, therefore the above allegations are is found to be SUBSTANTIATED, California Code of Regulations, Title 22, 101700.3(b)(1), 101704(b)(3) and 101223(a)(2) are being cited on the attached LIC 9099D.

LPA Curtis informed Director Ledbetter that this report dated 4/20/23 documents 3 Type A citations. Type A citations shall be posted for 30 consecutive days as there are immediate risks to the health, safety, or personal rights of children in care.

Also, LPA Curtis informed the Director Ledbetter to provide a copy of this licensing report dated 4/20/23 that documents any Type A citation 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

SUPERVISOR'S NAME: Tashima DanielTELEPHONE: (619) 767-2242
LICENSING EVALUATOR NAME: Grace CurtisTELEPHONE: (619) 767-2235
LICENSING EVALUATOR SIGNATURE:

DATE: 04/20/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/20/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 51-CC-20230417151525
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: NEXT GENERATION EDUCATIONAL CENTER
FACILITY NUMBER: 376701170
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 04/19/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
04/24/2023
Section Cited
CCR
101700.3(b)(1)
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Written Directives: A result with values of 5.5 ppb or greater shall be deemed an Action Level Exceedance.
This requirement is not met as evidenced by:
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The director states that the water faucets in exceedance have been removed. Children bring water bottles to school which are refilled using bottled water. Bottled water is used for food preparation.
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Based on water testing results and interviews, facility tested over the Action Level Exceedance level at classroom #1 faucet and a kitchen faucet. This poses an immediate health, safety or personal rights risk to children in care.
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Type A
04/24/2023
Section Cited
CCR
101704(b)(3)
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Lead Action Level Exceedance Response Requirements:(b) The Child Care Center shall develop Plan of Correction (POC) pursuant to
these written directives within 10 business days of receiving test results...(3) The Child Care Center’s POC shall include notification to all parents or
guardians, that includes information about what has been done to date. This requirement is not met as evidenced by:
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The director states that she will notify parents of the lead testing results and also post a copy of the lead test results in the facility. The director states the she will send LPA signed acknowledgements (LIC9224) to confirm that parents have been notified via email by 4/24/23.
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Based on interviews conducted and director statement parents were not notified of the lead exceedance and the results were not posted. This poses an immediate health, safety or personal rights risk to children 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.
SUPERVISOR'S NAME: Tashima DanielTELEPHONE: (619) 767-2242
LICENSING EVALUATOR NAME: Grace CurtisTELEPHONE: (619) 767-2235
LICENSING EVALUATOR SIGNATURE:

DATE: 04/20/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/20/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 51-CC-20230417151525
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: NEXT GENERATION EDUCATIONAL CENTER
FACILITY NUMBER: 376701170
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 04/19/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
04/24/2023
Section Cited
CCR
101223(a)(2)
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101223 Personal Rights:(a) The licensee shall ensure that each child is accorded the following personal rights. (2) To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs. This requirement was not met as evidenced by:
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The director states that the water faucets in exceedance have been removed. Children bring water bottles to school which are refilled using bottled water. Bottled water is used for food preparation.
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Based on interviews conducted by LPA daycare children were allowed to drink water with lead that exceeded 5 ppb. This poses an immediate health, safety or personal rights risk to children 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.
SUPERVISOR'S NAME: Tashima DanielTELEPHONE: (619) 767-2242
LICENSING EVALUATOR NAME: Grace CurtisTELEPHONE: (619) 767-2235
LICENSING EVALUATOR SIGNATURE:

DATE: 04/20/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/20/2023
LIC9099 (FAS) - (06/04)
Page: 4 of 5