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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 406203715
Report Date: 02/13/2020
Date Signed: 02/13/2020 11:59:18 AM



STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 6500 HOLLISTER AVE., SUITE 200
GOLETA, CA 93117
This is an official report of an unannounced visit/investigation of a complaint received in our office on
11/19/2019 and conducted by Evaluator Elvin Baddley
COMPLAINT CONTROL NUMBER: 17-CC-20191119115621
FACILITY NAME:CAPSLO - SUNNYSIDE HEAD STARTFACILITY NUMBER:
406203715
ADMINISTRATOR:OSCAR RAMIREZFACILITY TYPE:
850
ADDRESS:880 MANZANITA DRIVETELEPHONE:
(805) 528-1820
CITY:LOS OSOSSTATE: CAZIP CODE:
93402
CAPACITY:40CENSUS: 16DATE:
02/13/2020
UNANNOUNCEDTIME BEGAN:
09:30 AM
MET WITH:Ocsar RamirezTIME COMPLETED:
12:15 PM
ALLEGATION(S):
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1. Staff confiscate daycare child(ren) blanket as punishment
INVESTIGATION FINDINGS:
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On February 13, 2020, at 9:30 AM, Licensing Program Analyst (LPA) Elvin Baddley made an unannounced inspection to the abovementioned Child Care Center (CCC) to complete the investigation of the above allegation. LPA met with Oscar Ramirez, the Director of the CCC and explained the nature and purpose of the inspection. There are 16 children with 7 adults staff members providing supervision present at the time of the inspection.

Alleged is the CCC staff confiscate daycare child(ren) blanket as punishment.

Based on interviews and record review, LPA determined children at the CCC sometimes get their personal blankets taken away because the children choose not to follow the classroom rules, or the children are swinging their blankets at each other. After constant reminders and redirection to the children, staff take the children's personal blankets away and provide them with school blankets. The aforementioned is said to occur at the onset of the CCC nap period.
CONT. 9099-C
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Maria MuellerTELEPHONE: (805) 562-0410
LICENSING EVALUATOR NAME: Elvin BaddleyTELEPHONE: (805) 635-4697
LICENSING EVALUATOR SIGNATURE:

DATE: 02/13/2020
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/13/2020
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 17-CC-20191119115621
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 6500 HOLLISTER AVE., SUITE 200
GOLETA, CA 93117

FACILITY NAME: CAPSLO - SUNNYSIDE HEAD START
FACILITY NUMBER: 406203715
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 02/13/2020
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
02/20/2020
Section Cited
CCR
101223(a)(3)
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CCR 101223 (a)(3)- Personal Rights. The licensee shall ensure that each child is accorded the following personal rights:To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat…
This requirement was not met as evidenced by the following:
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Director to provide written plan of correction to CCLD by 2/20/20, outlining process by which children acting adversely will be address without the removal of personal blankets.
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Based on LPA’s interviews/observations/record reviews center staff punish the children by the removal of a personal blanket and providing children with a center blanket.

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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: Maria MuellerTELEPHONE: (805) 562-0410
LICENSING EVALUATOR NAME: Elvin BaddleyTELEPHONE: (805) 635-4697
LICENSING EVALUATOR SIGNATURE:

DATE: 02/13/2020
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/13/2020
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, 6500 HOLLISTER AVE., SUITE 200
GOLETA, CA 93117
This is an official report of an unannounced visit/investigation of a complaint received in our office on
11/19/2019 and conducted by Evaluator Elvin Baddley
COMPLAINT CONTROL NUMBER: 17-CC-20191119115621

FACILITY NAME:CAPSLO - SUNNYSIDE HEAD STARTFACILITY NUMBER:
406203715
ADMINISTRATOR:OSCAR RAMIREZFACILITY TYPE:
850
ADDRESS:880 MANZANITA DRIVETELEPHONE:
(805) 528-1820
CITY:LOS OSOSSTATE: CAZIP CODE:
93402
CAPACITY:40CENSUS: 16DATE:
02/13/2020
UNANNOUNCEDTIME BEGAN:
09:30 AM
MET WITH:Ocsar RamirezTIME COMPLETED:
12:15 PM
ALLEGATION(S):
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1.Lack of supervision resulting in daycare child inappropriately touching another daycare child
2. Staff denies daycare child(ren) snack
INVESTIGATION FINDINGS:
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On February 13, 2020, at 9:30, AM, Licensing Program Analyst (LPA) Elvin Baddley made an unannounced inspection to the abovementioned Child Care Center (CCC) to complete the investigation of the above allegations. LPA met with Oscar Ramirez, the Director of the CCC and explained the nature and purpose of the visit. There are 16 children with 7 adults staff members providing supervision present at the time of the inspection.

Alleged is the CCC staff denies daycare child(ren) snack. Further, it is alleged lack of supervision resulted in daycare child inappropriately touching another daycare child.

Center staff members informed LPA children are provide snacks in a family style setting. Each child is ensured a snack serving, as staff member monitor the children select their servings and provide assistance to the children who need help accessing/handling the snack. The incident which precipitated the allegation involved a Child #1 not receiving a cracker from center staff after making a request. Based on interviews, LPA determined Child #1 did receive snacks, in the form a fruit and multiple crackers. Child # 1 was given
CONT. 9099-C
Unsubstantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Maria MuellerTELEPHONE: (805) 562-0410
LICENSING EVALUATOR NAME: Elvin BaddleyTELEPHONE: (805) 635-4697
LICENSING EVALUATOR SIGNATURE:

DATE: 02/13/2020
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/13/2020
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 17-CC-20191119115621
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 6500 HOLLISTER AVE., SUITE 200
GOLETA, CA 93117
FACILITY NAME: CAPSLO - SUNNYSIDE HEAD START
FACILITY NUMBER: 406203715
VISIT DATE: 02/13/2020
NARRATIVE
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multiple crackers after making a request for an additional snack. Child #1 was ultimately denied a additional snack after rations at the center decreased and prevented center staff from giving all children their allotted portion.

LPA was unable to corroborate or support the allegation relating to lack of supervision resulting in a daycare child inappropriately touching another child. Interviews reveal staff to children ratios were sufficient at the time the allegation was reported and continued to be sufficient.

Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the allegation is UNSUBSTANTIATED.

Exit interview conducted and Director was provided with Appeal Rights (LIC 9058). LPA observed Licensee post the Notice of Site Visit (LIC 9213).
SUPERVISOR'S NAME: Maria MuellerTELEPHONE: (805) 562-0410
LICENSING EVALUATOR NAME: Elvin BaddleyTELEPHONE: (805) 635-4697
LICENSING EVALUATOR SIGNATURE:

DATE: 02/13/2020
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/13/2020
LIC9099 (FAS) - (06/04)
Page: 5 of 5
Control Number 17-CC-20191119115621
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 6500 HOLLISTER AVE., SUITE 200
GOLETA, CA 93117
FACILITY NAME: CAPSLO - SUNNYSIDE HEAD START
FACILITY NUMBER: 406203715
VISIT DATE: 02/13/2020
NARRATIVE
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The purpose of affording children the opportunity to bring personal effects (i.e. blanket, photos) from home was discussed with various staff members during interviews. Undoubtedly, all staff members informed the LPA the personal effects brought to the CCC by children are “comforting” and soothing items to assist the children transition from home to the center.

LPA reviewed the CCC Parent Handbook which reads the following under Discipline/Behavior section:

"Teachers will intervene when necessary and redirect the child’s attention to a different activity...In rare instances, a child’s aggressive behavior may pose a threat to the safety of themselves, other children and staff. If this happens, the teacher will contact you immediately and ask you to come to the center to take your child home. The teacher will set up a meeting with you and the Behavior Specialist to work on a behavior plan to address the needs of your child."


The handbook makes no mention of taking the personal item from the child. Instead the handbook speaks to providing alternative activities as well as the teacher and parent working together and to develop the most appropriate resting plan. In cases of an immediate threat the handbook speaks of the parent immediately take the child from the CCC.

Interviews and a review of CCC records reveal the aforementioned was not done prior to the removal of children's personal blankets. Additionally, facility record's do not document what interventions or alternative activities occurred prior to a children’s blanket being removed and replaced with a (similar) school issued blanket.

Based on LPA’s observations, interviews and record reviews, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations, (Title 22, Division & Chapter number), are being cited on the attached LIC 9099D.


Exit interview conducted and Director was provided with Appeal Rights (LIC 9058). LPA observed Licensee post the Notice of Site Visit (LIC 9213).


SUPERVISOR'S NAME: Maria MuellerTELEPHONE: (805) 562-0410
LICENSING EVALUATOR NAME: Elvin BaddleyTELEPHONE: (805) 635-4697
LICENSING EVALUATOR SIGNATURE:

DATE: 02/13/2020
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/13/2020
LIC9099 (FAS) - (06/04)
Page: 2 of 5