406215361-10-21-2019-17-CC-MMUR-BH6MDA-20191021093046

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 406215361
Report Date: 10/08/2019
Date Signed: 10/21/2019 09:04:57 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
08/30/2019 and conducted by Evaluator Melissa K Stewart

PUBLIC

COMPLAINT CONTROL NUMBER: 17-CC-20190830134336

FACILITY NAME:	NEXT GENERATION CHILD DEVELOPMENT CENTER LLC		FACILITY NUMBER:	406215361
ADMINISTRATOR:	DENISE JUAREZ		FACILITY TYPE:	850
ADDRESS:	10333 EL CAMINO REAL		TELEPHONE:	(805) 466-1745
CITY:	ATASCADERO	STATE: CA	ZIP CODE:	93422
CAPACITY:	63	CENSUS: 18	DATE:	10/08/2019
		UNANNOUNCED	TIME BEGAN:	09:15 AM
MET WITH:	Denise Juarez		TIME COMPLETED:	10:55 AM

ALLEGATION(S):

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Staff handled child roughly leading to bruised red marks

INVESTIGATION FINDINGS:

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This is an Amendment of the original report dated 10/8/19. Licensing Program Analysts (LPAs) Melissa Stewart and Elvin Baddley conducted an unannounced inspection to complete the complaint investigation. LPA Stewart explained the purpose of the inspection to Director, Denise Juarez, and toured the center with DIrector. There were eighteen (18) children playing in the lower playground supervised by two teachers at the time of inspection.

The investigation of the allegation listed above included interviewing the complainant, Director, Teacher #2 and Teacher #3. Director reported that on 8/29/19, C1 had a "blowout" bowel movement in C1's diaper had placed both hands inside diaper and had fecal matter all over C1's hands and forearms. Director admits to holding C1's upper left arm with her thumb on the inside of the arm just below the armpit and her fingers around the outside of the arm as she was guiding the child to the restoom. Director stated she was concerned about containing the fecal matter which is why she was holding the child by the arm. Teacher #2 corroborated Director's account of the incident stating that the Director was holding onto C1's left arm below the armpit as she was guiding C1 into the restroom.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Maria Mueller	TELEPHONE: (805) 562-0410
LICENSING EVALUATOR NAME: Melissa K Stewart	TELEPHONE: (805) 689-6267
LICENSING EVALUATOR SIGNATURE:	DATE: 10/08/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/08/2019

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-20190830134336

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: NEXT GENERATION CHILD DEVELOPMENT CENTER LLC	FACILITY NUMBER: 406215361
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 10/08/2019

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 10/09/2019 Section Cited CCR 101223(a)(2)	1 2 3 4 5 6 7	Personal Rights- The licensee shall ensure that each child is accorded the following personal rights: To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs. This requirement is not met as evidenced by:	1 2 3 4 5 6 7	Director stated in future, if a child needs to be contained, she would place an open hand on the child's back to guide the child. Director stated that she will provide a written plan of correction to LPA by 10/09/19 via email.
	8 9 10 11 12 13 14	Based on interviews with Director and Teacher #2 who both indicated that Director was holding C1's left arm in the same area where red marks were found on C1 by C1s parent. C1s personal rights were violated when Licensee held C1s arms and red bruised marks were left on C1s arms on 8/29/19.	8 9 10 11 12 13 14	This poses an immediate risk to the health and safety of children in care.
	1 2 3 4 5 6 7		1 2 3 4 5 6 7
	1 2 3 4 5 6 7		1 2 3 4 5 6 7

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: Melissa K Stewart	TELEPHONE: (805) 689-6267
LICENSING EVALUATOR SIGNATURE:	DATE: 10/08/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/08/2019

LIC9099 (FAS) - (06/04)

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Control Number 17-CC-20190830134336

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: NEXT GENERATION CHILD DEVELOPMENT CENTER LLC	FACILITY NUMBER: 406215361
	VISIT DATE: 10/08/2019

NARRATIVE

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Based on interviews conducted and photos of bruised red marks on both of C1's upper arms, the preponderance of evidence standard has been met, therefore the above allegation is found SUBSTANTIATED. California Code of Regulations, Title 22, Division 12 are being cited on the attached LIC 9099D.

Upon receipt, provide copies of this licensing report to each parent/guardian of enrolled children and to parents/guardians of newly enrolled children during the next 12 months. Acknowledgement of Receipt LIC 9224 form shall be used for this purpose. LIC 9224 after completed shall be maintained in each child's file. (LIC 9224 was provided to Licensee).

An exit interview was conducted and a Plan of Correction were reviewed and developed with Director. A copy of this report and appeal rights were discussed and left with Director, Denise Juarez, whose signature on this form confirm receipt of these documents.

LPAs observed Director post Notice of Site Visit.

SUPERVISOR'S NAME: Maria Mueller	TELEPHONE: (805) 562-0410
LICENSING EVALUATOR NAME: Melissa K Stewart	TELEPHONE: (805) 689-6267
LICENSING EVALUATOR SIGNATURE:	DATE: 10/08/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/08/2019

LIC9099 (FAS) - (06/04)

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