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Department of
SOCIAL SERVICES
Community Care Licensing
FACILITY EVALUATION REPORT
Facility Number:
376701258
Report Date:
03/09/2023
Date Signed:
03/09/2023 05:13:17 PM
Document Has Been Signed on
03/09/2023 05:13 PM
- It Cannot Be Edited
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY
FACILITY EVALUATION REPORT
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office
,
7575 METROPOLITAN DR STE 110
SAN DIEGO
,
CA
92108
FACILITY NAME:
OPEN MINDS LANGUAGE ACADEMY
FACILITY NUMBER:
376701258
ADMINISTRATOR:
RIKKI MACRORIE-FAIRWEATHER
FACILITY TYPE:
840
ADDRESS:
4961 64TH STREET
TELEPHONE:
(619) 665-1264
CITY:
SAN DIEGO
STATE:
CA
ZIP CODE:
92115
CAPACITY:
90
CENSUS:
50
DATE:
03/09/2023
TYPE OF VISIT:
Required - 1 Year
UNANNOUNCED
TIME BEGAN:
02:11 PM
MET WITH:
Christine D'Amico
TIME COMPLETED:
05:30 PM
NARRATIVE
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On 3/9/2023 @ 2:11PM, LPAs Nancy Diaz and Sherlynn Banas conducted an unannounced inspection. LPA toured the facility with Christine D'Amico, Licensee/owner. Observed present today were 50 children with 7 staff. There are two classrooms (Rooms #1 & #2) that are currently being utilized by school-age children. Program operates M-F - 7AM -8:45AM - 3:15PM - 6:00PM except on Thursdays 12:15-6:00PM.
A review of staff records on this date indicates that all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse clearances or exemptions. The licensee has not exceeded the conditions, limitations and capacity specified on the license. There were 2 staff present today who are trained in CPR and Pediatric First aid.
Disinfectants, cleaning solutions, poisons and other items that are dangerous to children are inaccessible. Furniture and equipment are in good condition, free of sharp, loose or pointed parts. All toilets, handwashing facilities are in safe and sanitary operating condition. All floors are clean and safe. The child care center was observed to be clean, safe, sanitary and in good repair to ensure the safety and well-being of children, employees and visitors. Facility maintains a carbon monoxide detector that meet the standards established in Chapter 8 of Part 2 of Division 12.
Playground equipment was observed to be in safe condition, free of sharp, loose or pointed parts. The surface of the outdoor activity space are maintained in safe condition and free of hazards. The areas around or under high climbing equipment, swings, slides, and similar equipment was cushioned with material that absorbs a fall.
Facility was observed to be within ratio. An isolation area has been designated for children who becomes ill during the day.
Children’s records were reviewed today. All required forms were on file. All children are signed in/out by a representative who uses a full legal signature and has recorded the time of day.
SUPERVISOR'S NAME:
Tashima Daniel
TELEPHONE:
(619) 767-2242
LICENSING EVALUATOR NAME:
Nancy Diaz
TELEPHONE:
(619) 767-2207
LICENSING EVALUATOR SIGNATURE:
DATE:
03/09/2023
I acknowledge receipt of this form and understand my
licensing
appeal rights as
explained and received.
FACILITY REPRESENTATIVE SIGNATURE:
DATE:
03/09/2023
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC809
(FAS) - (06/04)
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STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY
FACILITY EVALUATION 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:
OPEN MINDS LANGUAGE ACADEMY
FACILITY NUMBER:
376701258
VISIT DATE:
03/09/2023
NARRATIVE
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Staff records reviewed today contain a health screening as required by the regulation.
Several staff have completed the mandated reporter training (effective 3/2018). This training shall be renewed every two years. Some staff are missing the required immunization.
Incidental Medical Services (IMS) policy was discussed. Facility currently do not maintain any medications. For IMS information see Evaluator Manual - Regulation Interpretations and Procedures for Child Care Centers Sections 101173 and 101226. When any IMS is provided, an updated Plan of Operation that includes IMS must be submitted to the Department. The following information regarding ADA was provided: US Department of Justice (USDOJ) toll-free ADA Information Line at (800) 514-0301 (voice)/ (800) 514-0383 (TTY) and link to publication: Commonly Asked Questions about Child Care Centers and the ADA, available at:
http://www.ada.gov/childqanda.htm
Licensee was reminded that all adults 18 and over, including employees and volunteers, must obtain a criminal record clearance or exemption, or transfer their existing clearance or exemption, prior to initial presence in a Child Care Center. A civil penalty of $100.00 minimum/day up to $500.00 maximum per day/per person will be assessed if this regulation is violated.
To improve the quality and value of the new inspection process, a survey will be sent to the email address provided. Please complete the survey and share your inspection experience. If you have any questions regarding the process or tools, please send them by email to
inspectionprocess@dss.ca.gov
. For additional information regarding the inspection and its tools and methods, please visit the
Program website
at
www.cdss.ca.gov/inforesources/community-care-licensing/process
.
The following updates must be submitted by 3/16/2023:
LIC 500; LIC 610 and Children's Roster (LIC 9040).
Exit interview conducted and report was reviewed with facility representative, Christine D'Amico. A copy of this report, along with Appeal Rights (LIC9058), were 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.
SUPERVISOR'S NAME:
Tashima Daniel
TELEPHONE:
(619) 767-2242
LICENSING EVALUATOR NAME:
Nancy Diaz
TELEPHONE:
(619) 767-2207
LICENSING EVALUATOR SIGNATURE:
DATE:
03/09/2023
I acknowledge receipt of this form and understand my licensing appeal rights as
explained and received.
FACILITY REPRESENTATIVE SIGNATURE:
DATE:
03/09/2023
LIC809
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Document Has Been Signed on
03/09/2023 05:13 PM
- It Cannot Be Edited
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY
FACILITY EVALUATION 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:
OPEN MINDS LANGUAGE ACADEMY
FACILITY NUMBER:
376701258
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE:
03/09/2023
DEFICIENCIES & PLANS OF CORRECTION (POCs)
Type B
Section Cited
CCR
101174(d)
Disaster and Mass Casualty Plan
(d) Disaster drills shall be conducted at least every six months.
This requirement is not met as evidenced by:
Deficient Practice Statement
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Based on record review, the licensee did not comply with the section cited. Ms. D stated that the last time they conducted a fire drill was in 2021. This poses a potential health, safety or personal rights risk to persons in care.
POC Due Date:
03/16/2023
Plan of Correction
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Mrs. D'Amico stated that they will conduct a fire drill and submit a copy of the drill log no later than 3/16/2023.
Type B
Section Cited
CCR
101229(a)(1)
Responsibility For Providing Care and Supervision
(a) The licensee shall provide care and supervision as necessary to meet the children's needs. (1) No child(ren) shall be left without the supervision of a teacher at any time, except as specified in Sections 101216.2(e)(1) and 101230(c)(1). Supervision shall include visual observation.
This requirement is not met as evidenced by:
Deficient Practice Statement
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Based on observation, the licensee did not comply with the section cited above. During the inspection, LPA N. Diaz observed 2 children in the girls' bathroom that were not visually supervised by a teacher. This poses a potential health, safety or personal rights risk to persons in care.
POC Due Date:
03/16/2023
Plan of Correction
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Mrs. D'Amico stated that she will meet with her staff to discuss proper supervision of children. She will submit a copy of sign-in sheet and agenda of items that were discussed regarding supervision.
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) 767-2242
LICENSING EVALUATOR NAME:
Nancy Diaz
TELEPHONE:
(619) 767-2207
LICENSING EVALUATOR SIGNATURE:
DATE:
03/09/2023
I acknowledge receipt of this form and understand my
appeal rights as
explained and received.
FACILITY REPRESENTATIVE SIGNATURE:
DATE:
03/09/2023
LIC809
(FAS) - (06/04)
Page:
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Document Has Been Signed on
03/09/2023 05:13 PM
- It Cannot Be Edited
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY
FACILITY EVALUATION 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:
OPEN MINDS LANGUAGE ACADEMY
FACILITY NUMBER:
376701258
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE:
03/09/2023
DEFICIENCIES & PLANS OF CORRECTION (POCs)
Type B
Section Cited
HSC
1596.7995(a)(1)
General Provisions and Definitions
(1) Commencing September 1, 2016, a person shall not be employed or volunteer at a day care center if he or she has not been immunized against influenza, pertussis, and measles. Each employee and volunteer shall receive an influenza vaccination between August 1 and December 1 of each year.
This requirement is not met as evidenced by:
Deficient Practice Statement
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Based on record review, the licensee did not comply with the section cited above, three staff are missing the required immunization. This poses a potential health, safety or personal rights risk to persons in care.
POC Due Date:
03/16/2023
Plan of Correction
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The following staff are missing the required immunization:
Robert Bergeron - Measles
Gina Baptiste - Measles, Pertussis & Influenza
Robert Grimaldo - Measles, Pertussis & influenza
Ms. D'Amico will have staff obtain the required immunization and submit copies to the department no later than 3/16/23.
Type B
Section Cited
HSC
1596.8662(b)(1)
Administration of Child Day Care Licensing
(1) On or before March 30, 2018, a person who, on January 1, 2018, is a licensed child day care provider, administrator, or employee of a licensed child day care facility shall complete the mandated reporter training provided pursuant to paragraphs (2) and (3) of subdivision (a), and shall complete renewal mandated reporter training every two years following the date on which he or she completed the initial mandated reporter training.
This requirement is not met as evidenced by:
Deficient Practice Statement
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Based on record review, the licensee did not comply with the section cited above, staff Gina Baptiste was missing the required Mandated Reporter Trng. This poses a potential health, safety or personal rights risk to persons in care.
POC Due Date:
03/16/2023
Plan of Correction
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Ms. D'Amico will require staff to complete the Mandated Reporter Traning class and submit a copy of the certificate to the department no later than 3/16/2023.
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) 767-2242
LICENSING EVALUATOR NAME:
Nancy Diaz
TELEPHONE:
(619) 767-2207
LICENSING EVALUATOR SIGNATURE:
DATE:
03/09/2023
I acknowledge receipt of this form and understand my
appeal rights as
explained and received.
FACILITY REPRESENTATIVE SIGNATURE:
DATE:
03/09/2023
LIC809
(FAS) - (06/04)
Page:
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Document Has Been Signed on
03/09/2023 05:13 PM
- It Cannot Be Edited
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY
FACILITY EVALUATION 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:
OPEN MINDS LANGUAGE ACADEMY
FACILITY NUMBER:
376701258
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE:
03/09/2023
DEFICIENCIES & PLANS OF CORRECTION (POCs)
Type B
Section Cited
CCR
101215.1(m)
Child Care Center Director Qualifications and Duties
(m) A child care center director shall complete 16 hours of health and safety training if necessary pursuant to Health and Safety Code Section 1596.866.
This requirement is not met as evidenced by:
Deficient Practice Statement
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Based on record review, the licensee did not comply with the section cited above. Site Director Rachel Gaynor did not have a copy of "Preventative Health Course" as required. Staff stated that she completed a Health & Safety Class at Cuyamaca College but did not have a copy of transcript on file. This poses a potential health, safety or personal rights risk to persons in care.
POC Due Date:
03/16/2023
Plan of Correction
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Ms. D'Amico shall obtain a copy of Rachel Gaynor's transcript to show that she completed the required course and submit a copy to the department no later than 3/16/23.
Type B
Section Cited
CCR
101216(g)(1)
Personnel Requirements
(1) Except as specified in (3) below, good physical health shall be verified by a health screening, including a test for tuberculosis, performed by or under the supervision of a physician not more than one year prior to or seven days after employment or licensure.
This requirement is not met as evidenced by:
Deficient Practice Statement
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Based on record review, the licensee did not comply with the section cited above. Two staff did not have the required Physician's Report on file. This poses a potential health, safety or personal rights risk to persons in care.
POC Due Date:
03/16/2023
Plan of Correction
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Ms. D'Amico will obtain a current physician's report for staff Rachel Gaynor and Gina Baptiste and submit copy to the department no later than 3/16/2023.
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) 767-2242
LICENSING EVALUATOR NAME:
Nancy Diaz
TELEPHONE:
(619) 767-2207
LICENSING EVALUATOR SIGNATURE:
DATE:
03/09/2023
I acknowledge receipt of this form and understand my
appeal rights as
explained and received.
FACILITY REPRESENTATIVE SIGNATURE:
DATE:
03/09/2023
LIC809
(FAS) - (06/04)
Page:
5
of
6
Document Has Been Signed on
03/09/2023 05:13 PM
- It Cannot Be Edited
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY
FACILITY EVALUATION 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:
OPEN MINDS LANGUAGE ACADEMY
FACILITY NUMBER:
376701258
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE:
03/09/2023
DEFICIENCIES & PLANS OF CORRECTION (POCs)
Type B
Section Cited
CCR
101216.1(g)
Teacher Qualifications and Duties
(g) A photocopy of the teacher's Child Development Permit as specified in (c)(3) above, or a photocopy of the teacher's transcript(s) documenting successful completion of required course work, shall be maintained at the center.
This requirement is not met as evidenced by:
Deficient Practice Statement
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2
3
4
Based on record review, the licensee did not comply with the section cited above. Staff Robert Grimaldo is missing a copy of his educational transcript to qualify as a teacher. This poses a potential health, safety or personal rights risk to persons in care.
POC Due Date:
03/16/2023
Plan of Correction
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Ms. D'Amico shall obtain a copy of Robert Grimaldo's transcript and submit a copy to the department no later than 3/16/2023.
Type B
Section Cited
CCR
101515(b)
School-Age Child Care Center Director Qualifications and Duties
(b) All school-age child care centers shall have a director.
This requirement is not met as evidenced by:
Deficient Practice Statement
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2
3
4
Based on interview with Ms. D'Amico (licensee), the licensee did not comply with the section cited above. Facility's director left in 2021. Licensee failed to notify the department that there was no designated director on site. She is designating staff Rachel Gaynor as the facility director effective 3/10/23. This poses a potential health, safety or personal rights risk to persons in care.
POC Due Date:
03/16/2023
Plan of Correction
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Ms. D'Amico will submit the Designation of Director to the department (and attachments) no later than 3/16/2023.
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) 767-2242
LICENSING EVALUATOR NAME:
Nancy Diaz
TELEPHONE:
(619) 767-2207
LICENSING EVALUATOR SIGNATURE:
DATE:
03/09/2023
I acknowledge receipt of this form and understand my
appeal rights as
explained and received.
FACILITY REPRESENTATIVE SIGNATURE:
DATE:
03/09/2023
LIC809
(FAS) - (06/04)
Page:
6
of
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