406205649-11-3-2021-17-CC-MMUR-C8LVV2-20211109154538

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 406205649
Report Date: 11/03/2021
Date Signed: 11/03/2021 08:36:31 PM

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
08/16/2021 and conducted by Evaluator Gigi Reyes

PUBLIC

COMPLAINT CONTROL NUMBER: 17-CC-20210816114336

FACILITY NAME:	CHILDREN'S GARDEN, THE		FACILITY NUMBER:	406205649
ADMINISTRATOR:	GINA GOETSCH		FACILITY TYPE:	840
ADDRESS:	701 CROCKER ST.		TELEPHONE:	(805) 434-1188
CITY:	TEMPLETON	STATE: CA	ZIP CODE:	93465
CAPACITY:	30	CENSUS: 11	DATE:	11/03/2021
		UNANNOUNCED	TIME BEGAN:	05:01 PM
MET WITH:	Mercedes Petway		TIME COMPLETED:	06:00 PM

ALLEGATION(S):

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Day care children are not wearing masks
Staff are not wearing masks

INVESTIGATION FINDINGS:

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On 11/3/2021, Licensing Program Analyst conducted an unannounced inspection to conclude the complaint investigation with regards to above allegations. Prior to inspection, LPA asked pre screening questions related to COVID 19. Director responses indicate there are no COVID 19 exposure on site. LPA Reyes met with Mercedes Petway and discussed the purpose of the inspection. There were 11 children present around 5:00 PM on the day of the inspection.
Regarding the allegation day care children are not wearing facemask nor encourage to wear facemask, LPA Reyes interview with 6 children revealed only 2 children among the six (day care children) wear face covering . Six (6) children stated that Staff do not encourage children to wear face covering that no one ask them to wear face covering. Child 12 and Child 13 added that teacher wear face mask when answering the door.
Regarding the allegation Staff are not wearing face mask. LPA Reyes observed that during the inspection on 10/12/2021, Staff 5 was not wearing face covering while inside the classroom supervising 4 school age children. Staff 5 stated Staff 5 just came back from lunch.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Maria Mueller	TELEPHONE: (805) 562-0410
LICENSING EVALUATOR NAME: Gigi Reyes	TELEPHONE: (805) 698-7114
LICENSING EVALUATOR SIGNATURE:	DATE: 11/03/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/03/2021

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

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Control Number 17-CC-20210816114336

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: CHILDREN'S GARDEN, THE	FACILITY NUMBER: 406205649
	VISIT DATE: 11/03/2021

NARRATIVE

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LPA interviewed a witness who stated that wearing of facemask is not implemented at the Center. Interview with children likewise revealed that Staff do not wear face covering.

LPA interview with parents of day care children revealed that Center implements the Pre Health screening during drop off. Children that show symptoms are sent home. Parents stated that they do not go inside the class room, so they cannot confirm if staff wear face covering while indoors. However, during drop off and pick up Staff are observed to wear face covering.

On 10/13/2020, LPA Reyes received copy of The Children's Garden Mitigation Plan which states Staff will bring appropriate masks/face coverings from home to be worn upon pick up/drop off times or when interacting with parents.

Based on LPA observation, document review, interviews conducted, the preponderance of evidence standard has been met. Therefore, the above allegation are found to be SUBSTANTIATED.

A copy of this report must be provided to the authorized representatives of all currently enrolled children and must also be provided to newly enrolled children for the next 12 months. The report shall be provided no later than the next business day or the next day the child is in care.

The ACKNOWLEDGEMENT OF RECEIPT OF LICENSING REPORTS (LIC 9224) shall be signed and kept in each of the children’s records. Web site address to obtain forms, review quarterly updates, review Title 22 & Health & Safety Codes is: https://www.cdss.ca.gov/inforesources/child-care-licensing

Copies of this report must be posted for 30 days in a visible location for the authorized representatives of children. Notice of Site Visit has been posted (LIC9213). The notice shall be posted for 30 consecutive days. Failure to maintain posting as required will result in a $100.00 civil penalty.

Exit interview conducted with Licensee.

The following deficiencies are being cited in accordance to Title 22 of the California Code of Regulations and/or Health & Safety codes. Please refer to LIC9099D for documentation of deficiencies cited:

SUPERVISOR'S NAME: Maria Mueller	TELEPHONE: (805) 562-0410
LICENSING EVALUATOR NAME: Gigi Reyes	TELEPHONE: (805) 698-7114
LICENSING EVALUATOR SIGNATURE:	DATE: 11/03/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/03/2021

LIC9099 (FAS) - (06/04)

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Control Number 17-CC-20210816114336

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: CHILDREN'S GARDEN, THE	FACILITY NUMBER: 406205649
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 11/03/2021

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 11/04/2021 Section Cited CCR 101223(a)(2)	1 2 3 4 5 6 7	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 is not et as eidenced by:	1 2 3 4 5 6 7	Director agreed to adhere to CDSS/CDPH Health and Safety Guidelines on face covering - to teach and encourage children on wearing face coveing while indoors. Written POC to be submited to CCLD no later 11/4/2021.
	8 9 10 11 12 13 14	Based on LPA observartion and interview with chldren, it was reveavealed that day care children are ot encouraged, taught how to wear face mask. This poses an imminent risk to heath and safety of children in care.	8 9 10 11 12 13 14
Type A 11/04/2021 Section Cited CCR 101206(a)(1)(c)	1 2 3 4 5 6 7	(a) The Department has the authority to suspend or revoke a license on any of the grounds specified.. (1) Health and Safety Code Section 1596.885 provides:(c) Conduct which is inimical to the health, morals, welfare, or safety of either an individual in or receiving services from the facility or the people of this state. This requirement is not met as evidenced by	1 2 3 4 5 6 7	Director agreed to adhere to CDSS/CDPH Health and Safety Guidelines on face covering among Staff while indoors. Written POC will be submitted to CCLD no later than 11/04/2021.
	8 9 10 11 12 13 14	LPA interview and review of documents, it was reealed that Center does not fully implement wearing of face covering. This poses an immediate risk to health and safety of children in care.	8 9 10 11 12 13 14

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 Mueller	TELEPHONE: (805) 562-0410
LICENSING EVALUATOR NAME: Gigi Reyes	TELEPHONE: (805) 698-7114
LICENSING EVALUATOR SIGNATURE:	DATE: 11/03/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/03/2021

LIC9099 (FAS) - (06/04)

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