376701227-9-22-2022-51-CC-ACHO-CK4VM4-20221011163253

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 376701227
Report Date: 09/22/2022
Date Signed: 09/22/2022 03:30:13 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
08/23/2022 and conducted by Evaluator Jennifer Lott

COMPLAINT CONTROL NUMBER: 51-CC-20220823153843

FACILITY NAME:	CHILDREN'S CHOICE ACADEMY		FACILITY NUMBER:	376701227
ADMINISTRATOR:	SHANNON SPENCER		FACILITY TYPE:	840
ADDRESS:	12464 WOODSIDE AVENUE		TELEPHONE:	(619) 561-8880
CITY:	LAKESIDE	STATE: CA	ZIP CODE:	92040
CAPACITY:	24	CENSUS: 0	DATE:	09/22/2022
		UNANNOUNCED	TIME BEGAN:	11:00 AM
MET WITH:	Director, Shannon Spencer		TIME COMPLETED:	11:30 AM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Staff was not licensed to operate the type of vehicle used to transport children.

INVESTIGATION FINDINGS:

1
2
3
4
5
6
7
8
9
10
11
12
13

Licensing Program Analyst (LPA) Jennifer Lott conducted a complaint investigation visit to deliver findings for the above allegation. LPA was greeted at the front of the facility by Director, Shannon Spencer and was granted entry after identifying herself and disclosing the reason for her visit.

The Department’s investigation consisted of a review of facility and outside source records, interviews with staff and outside sources.

It is alleged that staff was not licensed to operate the type of vehicle used to transport children. According to the California Vehicle Code Section 15278(a)(2),” a driver is required to obtain an endorsement issued by the Department to operate any commercial motor vehicle…a passenger transportation vehicle…when designed, used or maintained to carry more than 10 persons including the driver.”

Substantiated

Estimated Days of Completion: 0

SUPERVISOR'S NAME: Tashima Daniel	TELEPHONE: (619) 629-8413
LICENSING EVALUATOR NAME: Jennifer Lott	TELEPHONE: 619-782-8300
LICENSING EVALUATOR SIGNATURE:	DATE: 09/22/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/22/2022

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 3

Control Number 51-CC-20220823153843

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: CHILDREN'S CHOICE ACADEMY	FACILITY NUMBER: 376701227
	VISIT DATE: 09/22/2022

NARRATIVE

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32

A review of facility records revealed that the vehicles used to transport children to/from this location are a 2015 Ford Transit Wagon with a maximum capacity limit of 15 and a 2014 Ford Econoline Wagon with a maximum capacity limit of 12. According to the California Department of Motor Vehicles and the above California Vehicle Code Section, drivers are required to have a “P” endorsement to transport children in the above vehicles as they were designed to carry 12-15 passengers. A review of facility records revealed that 3:3 drivers who currently transport children do not have a “P” endorsement as required by law.

This Department has investigated the allegation, staff was not licensed to operate the type of vehicle used to transport children. Based on LPA’s review of facility records and interviews, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. Deficiencies are cited per California Code of Regulations, Title 22, Division 6 on the attached 9099D. An exit interview was conducted and report was reviewed with Director Spencer. A notice of site visit was given, and must remain posted for 30 days.

LPA Lott informed Director, Spencer, that this report dated 09/22/2022 document(s) one (1) Type A citation which shall be posted for 30 consecutive days as there is an immediate risk(s) to the safety of children in care.

Also, LPA Lott informed Director, Spencer, to provide a copy of this licensing report dated 09/22/2022 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 Daniel	TELEPHONE: (619) 629-8413
LICENSING EVALUATOR NAME: Jennifer Lott	TELEPHONE: 619-782-8300
LICENSING EVALUATOR SIGNATURE:	DATE: 09/22/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/22/2022

LIC9099 (FAS) - (06/04)

Page: 3 of 3

Control Number 51-CC-20220823153843

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: CHILDREN'S CHOICE ACADEMY	FACILITY NUMBER: 376701227
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 09/22/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 09/23/2022 Section Cited CCR 101225(a)	1 2 3 4 5 6 7	Transportation- "(a) Only drivers licensed for the type of vehicle operated shall be permitted to transport children." This requirement is not met as evidenced by:	1 2 3 4 5 6 7	Starting today, Director states that they will not use the passenger vans for transportation, but rather their SUV vehicles which can transport 6 children at one time. Additionally, Director states they will have staff complete the required training and get a P endorcement from DMV. Proof of endorsement will be submitted to CCL by 10/13/22.
	8 9 10 11 12 13 14	3:3 current drivers who transport children in a 12 or 15 passenger vehicle do not have the “P” endorsement as required by the DMV and California Vehicle Code Section 15278(a)(2). This poses an immediate safety 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: Tashima Daniel	TELEPHONE: (619) 629-8413
LICENSING EVALUATOR NAME: Jennifer Lott	TELEPHONE: 619-782-8300
LICENSING EVALUATOR SIGNATURE:	DATE: 09/22/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/22/2022

LIC9099 (FAS) - (06/04)

Page: 2 of 3