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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 406215268
Report Date: 12/01/2021
Date Signed: 12/01/2021 04:29:46 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
09/09/2021 and conducted by Evaluator Elvin Baddley
COMPLAINT CONTROL NUMBER: 17-CC-20210909154038
FACILITY NAME:LOVE TO LEARNFACILITY NUMBER:
406215268
ADMINISTRATOR:KYLEE JACOBSONFACILITY TYPE:
850
ADDRESS:1739 FREDRICKSTELEPHONE:
(805) 546-1001
CITY:SAN LUIS OBISPOSTATE: CAZIP CODE:
93401
CAPACITY:28CENSUS: 18DATE:
12/01/2021
UNANNOUNCEDTIME BEGAN:
02:00 PM
MET WITH:Kylee DavisTIME COMPLETED:
02:30 PM
ALLEGATION(S):
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1. Staff retaliated against Authorized Representative for calling licensing.
INVESTIGATION FINDINGS:
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On 12/1/21, at 2:00 PM, Licensing Program Analyst (LPA) Elvin Baddley made an unannounced inspection to the abovementioned Child Care Center (CCC) to deliver a finding with regard an investigation related to a violation of Parent's Rights, specifically the Licensee retaliated against a parent/an authorized representative for calling licensing. LPA met with Kylee Davis, the CCC's Director/Administrator , and explained the purpose of the inspection. LPA notes 18 children are on site along with 3 teachers providing care and supervision.

The investigation included record reviews as well as interviews of the CCC's staff members, P1, and parents of children in care.

Statements the LPA obtained from P1 and the Director corroborated each other. However, the contexts and intent of each differs. A reasonable interpretation of the statements received from both parties reveal the
(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: 12/01/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/01/2021
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-20210909154038
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: LOVE TO LEARN
FACILITY NUMBER: 406215268
VISIT DATE: 12/01/2021
NARRATIVE
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the Director did inquire whether P1 had contacted the Department of Social Services, Community Care Licensing Division (CCLD) hours before dis-enrolling P1's child, herein C1. This occurred after P1 had questioned the lack of mask wearing inside the Child Care Center. The investigation revealed the Director had prior knowledge P1 had contacted CCLD to learn of face covering guidelines amongst local Child Care Centers before the aforementioned. Further, interviews of parents of children in care revealed the Director had not contacted them to inquired whether or not they had contacted CCLD, despite parents posing similar questions and comments to P1, with respect to the Child Care Center's face covering policies. Moreover, the Director showed no cause to dis-enroll P1's child from the Child Care Center. Although the Director cited an inability to meet P1's needs as a determination for dis-enrolling C1, the assertion is not corroborated by P1, rather P1 was attempting to ascertain whether the Child Care Center staff were requiring children over the age of two to wear face coverings while inside. LPA notes staff members describe C1's adjustment at the Child Care Center as positive and very good.

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 101218.1 (b) (5), is being cited on the attached LIC 9099 D).

A closing interview was conducted with the Director. Director was provided and advised of their right to appeal. LPA informed Director 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 Director 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: 12/01/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/01/2021
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 17-CC-20210909154038
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: LOVE TO LEARN
FACILITY NUMBER: 406215268
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 12/01/2021
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
12/08/2021
Section Cited
CCR
101218.1(b)(5)
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Admission Procedures and Parental and Authorized Representative's Rights-At the time of acceptance of each child in care, the licensee shall inform each child's parent or authorized representative of his/her rights that include, but are not limited to, the following: To complain to the local licensing office ...without discrimination or retaliation...
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Director to provide CCLD Director's interpution of Parent's Rights as it relates to being free of discrimination or retaliation.
Director also to provide an outline to CCLD with regard to the center dis-enrollment process on children/families.
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This requirement was not met as evidenced by the following: C1 was dis-enrolled without cause from center hours after Director reaffirmed P1 had contacted CCLD with regard to face coevring at the center.
This poses a potential risk to health, safety or personnel 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: 12/01/2021
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/01/2021
LIC9099 (FAS) - (06/04)
Page: 5 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
09/09/2021 and conducted by Evaluator Elvin Baddley
COMPLAINT CONTROL NUMBER: 17-CC-20210909154038

FACILITY NAME:LOVE TO LEARNFACILITY NUMBER:
406215268
ADMINISTRATOR:KYLEE JACOBSONFACILITY TYPE:
850
ADDRESS:1739 FREDRICKSTELEPHONE:
(805) 546-1001
CITY:SAN LUIS OBISPOSTATE: CAZIP CODE:
93401
CAPACITY:28CENSUS: 18DATE:
12/01/2021
UNANNOUNCEDTIME BEGAN:
02:00 PM
MET WITH:Kylee DavisTIME COMPLETED:
02:30 PM
ALLEGATION(S):
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1. Staff are not requiring masks.
INVESTIGATION FINDINGS:
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On 12/1/21, at 2:30 PM, Licensing Program Analyst (LPA) Elvin Baddley made an unannounced inspection to the abovementioned Child Care Center (CCC) to deliver a finding with regard an investigation related to the CCC not requiring face covering. LPA met with Kylee Davis, the CCC's Director, and explained the purpose of the inspection. LPA notes 18 children are on site along with 3 teachers providing care and supervision.

The investigation included record reviews as well as interviews of the center staff, a sampling of children and parents of children in care, as well as the Complainant.

Interviews revealed the CCC informed parents of children in care of the requirment for children to wear face covering inside of the CCC. This was accomplished via staff interactions with parents and email news letters as well ass the CCC's local child care app (Sand Box) . The information was convey to parents of children in care just days after the local Health Department (San Luis Obispo) implemented the requirement of wear
(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: 12/01/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/01/2021
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 17-CC-20210909154038
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: LOVE TO LEARN
FACILITY NUMBER: 406215268
VISIT DATE: 12/01/2021
NARRATIVE
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facing covering inside of businesses. Parents, staff and children noted CCC staff do encourage and direct the children to wear face coverings when inside the CCC. Staff and Parent interviewed suggest although children are directed and encourage to wear face coverings, children may simply take their face covering off following encouragement, directions and redirection. As the staff members to do force any children to wear face covering, children are sometimes observed on site without face coverings with acceptable reason.

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: 12/01/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/01/2021
LIC9099 (FAS) - (06/04)
Page: 4 of 5