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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 406213966
Report Date: 01/31/2022
Date Signed: 01/31/2022 03:10:20 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
11/15/2021 and conducted by Evaluator Elvin Baddley
COMPLAINT CONTROL NUMBER: 17-CC-20211115094229
FACILITY NAME:HICKS FCC AKA LITTLE DUCKLINGS PRESCHOOL&CHILDCAREFACILITY NUMBER:
406213966
ADMINISTRATOR:DENINE HICKSFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(805) 441-2710
CITY:SAN LUIS OBISPOSTATE: CAZIP CODE:
93401
CAPACITY:14CENSUS: DATE:
01/31/2022
UNANNOUNCEDTIME BEGAN:
01:00 PM
MET WITH:Denine HicksTIME COMPLETED:
02:30 PM
ALLEGATION(S):
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1.Personal Rights- Inappropriate behavior of a Licensee towards a child (non day care child) in front of parents and children
INVESTIGATION FINDINGS:
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On 1/31/22, at 1:00 PM, Licensing Program Analyst (LPA) Elvin Baddley made an unannounced inspection to the abovementioned Family Child Care Home (FCCH) to deliver a finding with regard to an investigation related to a violation of Personal Rights. Specifically, the Licensee displayed Inappropriate behavior towards a child (non day care child) in front of parents and children. LPA met with Denine Hicks, the Licensee of the FCCH, and explained the purpose of the inspection. LPA notes no children are on site.

The investigation included record reviews as well as interviews of the Licensee, parents of children in care, and the Complainant. The statements the LPA obtained from Complainant and the Licensee corroborated each other. However, the contexts, intent and interpretation of each individuals statement differs. A reasonable interpretation of the statements received from both parties reveal a violation of the Personal Rights of children in care as well as the Personal Rights of a non day care child (C10) by the Licensee. In essence, the Licensee used guiding touches (hand on top of C10's bicycle helmet, hand on C10's chin/face) to gain the attention/apology from a child. A reasonable assess of the incident finds no touch of the child was needed or necessary.
(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: 01/31/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/31/2022
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 5
Control Number 17-CC-20211115094229
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: HICKS FCC AKA LITTLE DUCKLINGS PRESCHOOL&CHILDCARE
FACILITY NUMBER: 406213966
VISIT DATE: 01/31/2022
NARRATIVE
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Based on LPAs observation and interviews, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulation, (Title 22 Division 12 and 102423 (a) (1), is being cited on the attached LIC 9099 D).

A closing interview was conducted with the Licensee. Licensee was provided and advised of their right to appeal. LPA informed Licensee of the need to provide a plan of correction to CCLD as well as the time which the plan of correction needs to be submitted to CCLD.

The Notice of Site Visit was provided to the Licensee as required by H&S Code Section 1596.817. The Notice of Site Visit must remain posted for 30 days or a civil penalty of $100.00 may apply.

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

DATE: 01/31/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/31/2022
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 17-CC-20211115094229
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: HICKS FCC AKA LITTLE DUCKLINGS PRESCHOOL&CHILDCARE
FACILITY NUMBER: 406213966
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 01/31/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
02/07/2022
Section Cited
CCR
102423(a)(1)
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Each child receiving services from a family child care home shall have certain rights that shall not be waived or abridged ...These rights include, but are not limited to, the following...To be treated with dignity in his/her personal relationship with staff and other persons.
This requirement was not met as evidenced by the following: Licensee used a guiding touch
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Licensee to provide CCLD an outline of steps to be taken to address a child's non compliant behavior without the use of physically touching the child.
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(hand on top on C10's helmet, hand on C10's chin) to obtain an apology/attention from C10. This poses a potential risk to health, safety or personal rights of persons in care.
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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: 01/31/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/31/2022
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
11/15/2021 and conducted by Evaluator Elvin Baddley
COMPLAINT CONTROL NUMBER: 17-CC-20211115094229

FACILITY NAME:HICKS FCC AKA LITTLE DUCKLINGS PRESCHOOL&CHILDCAREFACILITY NUMBER:
406213966
ADMINISTRATOR:DENINE HICKSFACILITY TYPE:
810
ADDRESS:1797 TANGLEWOOD DRIVETELEPHONE:
(805) 441-2710
CITY:SAN LUIS OBISPOSTATE: CAZIP CODE:
93401
CAPACITY:14CENSUS: DATE:
01/31/2022
UNANNOUNCEDTIME BEGAN:
01:00 PM
MET WITH:Denine HicksTIME COMPLETED:
02:30 PM
ALLEGATION(S):
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1. Parents Rights: Retaliation - day care child was temporarily dis-enrolled from care
INVESTIGATION FINDINGS:
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On 1/31/22, at 1:00 PM, Licensing Program Analyst (LPA) Elvin Baddley made an unannounced inspection to the abovementioned Family Child Care Home (FCCH) to deliver a finding with regard to an investigation related to a violation of Parent Rights, specifically the Licensee retaliated against a parent and temporarily dis-enrolled from a child from care. LPA met with Denine Hicks, the Licensee of the FCCH and explained the purpose of the inspection. LPA notes no children are on site.

The investigation included record reviews as well as interviews of the Licensee, parents of children in care, and the Complainant. The statements the LPA obtained from Complainant and the Licensee corroborated each other. However, the contexts, intent and interpretation of each individuals statement differs. A reasonable assessment of the Licensee's action suggest no violation of Parent Rights occurred when a child was temporarily dis-enrolled from the FCCH. Rather, the Licensee elected to meet with the parent and discuss a correspondence previously sent.
(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: 01/31/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/31/2022
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-20211115094229
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: HICKS FCC AKA LITTLE DUCKLINGS PRESCHOOL&CHILDCARE
FACILITY NUMBER: 406213966
VISIT DATE: 01/31/2022
NARRATIVE
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Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is UNSUBSTANTIATED.

A LIC 9213 (Notice of Site Visit) form was provided and posted at the conclusion of the inspection.
SUPERVISOR'S NAME: Maria MuellerTELEPHONE: (805) 562-0410
LICENSING EVALUATOR NAME: Elvin BaddleyTELEPHONE: (805) 635-4697
LICENSING EVALUATOR SIGNATURE:

DATE: 01/31/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/31/2022
LIC9099 (FAS) - (06/04)
Page: 5 of 5