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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 380504369
Report Date: 12/20/2019
Date Signed: 12/20/2019 05:29:52 PM



STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 851 TRAEGER AVE., SUITE 360
SAN BRUNO, CA 94066
This is an official report of an unannounced visit/investigation of a complaint received in our office on
10/01/2019 and conducted by Evaluator Luis Gomez
COMPLAINT CONTROL NUMBER: 05-CC-20191001111438
FACILITY NAME:ST. NICHOLAS DAY CARE AND PRESCHOOLFACILITY NUMBER:
380504369
ADMINISTRATOR:TUWAI, KATHYFACILITY TYPE:
850
ADDRESS:5200 DIAMOND HEIGHTS BLVD.TELEPHONE:
(415) 550-1536
CITY:SAN FRANCISCOSTATE: CAZIP CODE:
94131
CAPACITY:70CENSUS: 39DATE:
12/20/2019
UNANNOUNCEDTIME BEGAN:
12:30 PM
MET WITH:Director, Kathy TuwaiTIME COMPLETED:
05:45 PM
ALLEGATION(S):
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Staff uses inappropriate forms of punishment
Staff makes inappropriate comments to daycare children
Staff threatens daycare child
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Luis J. Gomez met with the Director, Kathy Tuwai, for complaint investigation of above allegation. Purpose of the inspection was explained. Present is Director and 6 staff supervising 39 preschool children. LPA inspected facility with director for health and safety hazards.

During today's inspection LPA interviewed director, staff and performed classroom observations.

As part of this investigation, LPA conducted inspections of the facility on 10/03/2019 and 12/20/2019, and did an evaluation of the supervision. A review of facility records was also completed which included a review of the childrens records, personnel roster, facility personnel schedule and parent handbook. Also, as part of this complaint investigation, interviews were conducted with the Director, random sample of parents, staff and children.

Continue on 9099-C...
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Alma MaligTELEPHONE: (650) 266-8800
LICENSING EVALUATOR NAME: Luis GomezTELEPHONE: (650) 266-8800
LICENSING EVALUATOR SIGNATURE:

DATE: 12/20/2019
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/20/2019
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 6
Control Number 05-CC-20191001111438
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 851 TRAEGER AVE., SUITE 360
SAN BRUNO, CA 94066
FACILITY NAME: ST. NICHOLAS DAY CARE AND PRESCHOOL
FACILITY NUMBER: 380504369
VISIT DATE: 12/20/2019
NARRATIVE
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(Page 2)
Regarding the allegation of facility staff threatens day-care child. Based on interviews conducted with staff, children and classroom observations made on 12/20/2019, LPA confirmed facility staff, used a ruler to, non- verbally, threaten daycare children. Staff stated classroom ruler has used to hit table and get the children to listen.

Regarding the allegation of facility staff makes inappropriate comments to daycare children. Based on interviews conducted with staff, LPA confirmed facility staff made in appropriate comments to daycare child. Daycare child was told by staff to, " not sit close to another child", because they are sick.

Regarding the allegation of staff uses inappropriate forms of punishment. Based on interviews conducted with staff, children and classroom observations made on 12/20/2019, LPA confirmed staff used inappropriate form of punishment. Staff used classroom ruler to hit table, when the children where getting too loud.

Therefore, The preponderance of evidence standard has been met, there for the above allegation is found to be SUBSTANTIATED. California Code of Regulations (Title 22, section 12 & chapter are being cited on the attached 9099-D

Exit interview was conducted with site coordinator, Kathy Tuwai and plan of correction was developed with the director.

LPA observed notice of site visit was posted in the facility.
SUPERVISOR'S NAME: Alma MaligTELEPHONE: (650) 266-8800
LICENSING EVALUATOR NAME: Luis GomezTELEPHONE: (650) 266-8800
LICENSING EVALUATOR SIGNATURE:

DATE: 12/20/2019
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/20/2019
LIC9099 (FAS) - (06/04)
Page: 2 of 6
Control Number 05-CC-20191001111438
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 851 TRAEGER AVE., SUITE 360
SAN BRUNO, CA 94066

FACILITY NAME: ST. NICHOLAS DAY CARE AND PRESCHOOL
FACILITY NUMBER: 380504369
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 12/20/2019
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
01/06/2020
Section Cited
CCR
101223(a)(3)
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101223(a)(3) Personal Rights. ...Child is accorded the following personal rights: To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse or other actions of a punitive nature. This requirement is not met as evidenced by.
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Director will lead a training with teachers, aides and staff to discuss proper classroom intervetion methods and conduct to be used with respect to children's personal rights and as stated in the facility handbook. Director will submit training material to licensing and complete facility-wide training by: 1/6/2020.
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Based on interviews conducted with staff, children and classroom observations made on 12/20/2019, LPA confirmed staff used inappropriate form of punishment. This is an immediate health and safety risk to children in care.
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Director will subimt proof of correction via email.
Type A
01/06/2020
Section Cited
CCR
101223
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7
101223(a)(3) Personal Rights. ...Child is accorded the following personal rights: To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse or other actions of a punitive nature. This requirement is not met as evidenced by.
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Director will lead a training with teachers, aides and staff to discuss proper classroom intervetion methods and conduct to be used with respect to children's personal rights and as stated in the facility handbook. Director will submit training material to licensing and complete facility-wide training by: 1/6/2020.
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Based on interviews conducted with staff, children and classroom observations made on 12/20/2019, LPA confirmed facility staff, used a ruler to non- verbally threaten daycare children. This is an immediate health and safety risk to children in care.
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Director will subimt proof of correction via email.
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: Alma MaligTELEPHONE: (650) 266-8800
LICENSING EVALUATOR NAME: Luis GomezTELEPHONE: (650) 266-8800
LICENSING EVALUATOR SIGNATURE:

DATE: 12/20/2019
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/20/2019
LIC9099 (FAS) - (06/04)
Page: 3 of 6
Control Number 05-CC-20191001111438
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 851 TRAEGER AVE., SUITE 360
SAN BRUNO, CA 94066

FACILITY NAME: ST. NICHOLAS DAY CARE AND PRESCHOOL
FACILITY NUMBER: 380504369
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 12/20/2019
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
01/06/2020
Section Cited
CCR
101223(a)(1)
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2
3
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7
101223(a)(1) Personal Rights. ...child is accorded the following personal rights: To be accorded dignity in his/her personal relationships with staff and other persons. This requirement is not met as evidenced by.
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Director will lead a training with teachers, aides and staff to discuss proper classroom intervetion methods and conduct to be used with respect to children's personal rights and as stated in the facility handbook. Director will submit training material to licensing and complete facility-wide training by: 1/6/2020.
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Based on interviews conducted with staff, LPA confirmed facility staff made in appropriate comments to daycare child. This a potential health and safety risk to children in care.
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Director will subimt proof of correction via email.
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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: Alma MaligTELEPHONE: (650) 266-8800
LICENSING EVALUATOR NAME: Luis GomezTELEPHONE: (650) 266-8800
LICENSING EVALUATOR SIGNATURE:

DATE: 12/20/2019
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/20/2019
LIC9099 (FAS) - (06/04)
Page: 4 of 6
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 851 TRAEGER AVE., SUITE 360
SAN BRUNO, CA 94066
This is an official report of an unannounced visit/investigation of a complaint received in our office on
10/01/2019 and conducted by Evaluator Luis Gomez
COMPLAINT CONTROL NUMBER: 05-CC-20191001111438

FACILITY NAME:ST. NICHOLAS DAY CARE AND PRESCHOOLFACILITY NUMBER:
380504369
ADMINISTRATOR:TUWAI, KATHYFACILITY TYPE:
850
ADDRESS:5200 DIAMOND HEIGHTS BLVD.TELEPHONE:
(415) 550-1536
CITY:SAN FRANCISCOSTATE: CAZIP CODE:
94131
CAPACITY:70CENSUS: 39DATE:
12/20/2019
UNANNOUNCEDTIME BEGAN:
12:30 PM
MET WITH:Director, Kathy TuwaiTIME COMPLETED:
05:45 PM
ALLEGATION(S):
1
2
3
4
5
6
7
8
9
Staff hit daycare children with a ruler in presence of other daycare children
INVESTIGATION FINDINGS:
1
2
3
4
5
6
7
8
9
10
11
12
13
Licensing Program Analyst (LPA) Luis J. Gomez met with the Director, Kathy Tuwai, for complaint investigation of above allegation. Purpose of the inspection was explained. Present is Director and 6 staff supervising 39 preschool children. LPA inspected facility with director for health and safety hazards.

During today's inspection LPA interviewed director, staff and performed classroom observations.

As part of this investigation, LPA conducted inspections of the facility on 10/03/2019 and 12/20/2019, and did an evaluation of the supervision. A review of facility records was also completed which included a review of the childrens records, personnel roster, facility personnel schedule and parent handbook. Also, as part of this complaint investigation, interviews were conducted with the Director, random sample of parents, staff and children.

Continue on 9099-C...
Unsubstantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Alma MaligTELEPHONE: (650) 266-8800
LICENSING EVALUATOR NAME: Luis GomezTELEPHONE: (650) 266-8800
LICENSING EVALUATOR SIGNATURE:

DATE: 12/20/2019
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/20/2019
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 5 of 6
Control Number 05-CC-20191001111438
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 851 TRAEGER AVE., SUITE 360
SAN BRUNO, CA 94066
FACILITY NAME: ST. NICHOLAS DAY CARE AND PRESCHOOL
FACILITY NUMBER: 380504369
VISIT DATE: 12/20/2019
NARRATIVE
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
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21
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24
25
26
27
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29
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32
(Page 2)
Regarding the allegation of staff hit daycare children with a ruler in presence of other daycare children. Based on the interviews conducted with parents, staff, children and in-class observations, LPA is unable to determine staff hit daycare children with a ruler in presence of other daycare children. During the investigation, LPA received conflicting accounts from the parties interviewed.

Although the allegations may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation(s) did or did not occur, therefore the allegation is unsubstantiated. Copy of this report is reviewed and provided to the director. No deficiencies are cited.

Exit interview was conducted with director Kathy Tuwai. LPA observed notice of site visit was posted in the facility.

SUPERVISOR'S NAME: Alma MaligTELEPHONE: (650) 266-8800
LICENSING EVALUATOR NAME: Luis GomezTELEPHONE: (650) 266-8800
LICENSING EVALUATOR SIGNATURE:

DATE: 12/20/2019
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/20/2019
LIC9099 (FAS) - (06/04)
Page: 6 of 6