421702487-12-22-2020-17-CC-ATOO-BWS3PW-20201229172609

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 421702487
Report Date: 12/22/2020
Date Signed: 12/22/2020 04:50:31 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
09/11/2020 and conducted by Evaluator Ruth Gull

PUBLIC

COMPLAINT CONTROL NUMBER: 17-CC-20200911082307

FACILITY NAME:	CONGREGATION B'NAI B'RITH		FACILITY NUMBER:	421702487
ADMINISTRATOR:	MAGUY MCGUIRE		FACILITY TYPE:	850
ADDRESS:	1000 SAN ANTONIO CREEK		TELEPHONE:	(805) 967-6619
CITY:	SANTA BARBARA	STATE: CA	ZIP CODE:	93111
CAPACITY:	68	CENSUS: 25	DATE:	12/22/2020
		UNANNOUNCED	TIME BEGAN:	03:00 PM
MET WITH:	Maguy McGuire		TIME COMPLETED:	03:30 PM

ALLEGATION(S):

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Personal Rights - Staff handled child in a rough manner.
Other - Facility was operating out of ratio.

INVESTIGATION FINDINGS:

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On December 22, 2020 at 3:00pm, Licensing Program Analyst (LPA) Ruth Gull conducted an unannounced tele-video inspection via Facetime due to COVID-19 State of Emergency to conclude the investigation of the above allegations. LPA Gull met with Maguy McGuire, Director and explained the purpose of the inspection.

Director and LPA conducted a virtual tour of the center. The Preschool program had 5 children with 1 teacher in one room and 8 children with 1 teacher outside. The Toddler Component had 7 toddlers with 2 teachers in one room and 5 toddlers with 1 teacher in the other room.

LPA interviewed Director and reviewed Staff #1's records. Investigation included interviewing Director, staff, and some of the parents of children in care and reviewing staff records.

CONTINUED ON LIC9099-C

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Ana Tolentino	TELEPHONE: (805) 562-0437
LICENSING EVALUATOR NAME: Ruth Gull	TELEPHONE: (805) 895-4073
LICENSING EVALUATOR SIGNATURE:	DATE: 12/22/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/22/2020

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-20200911082307

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: CONGREGATION B'NAI B'RITH	FACILITY NUMBER: 421702487
	VISIT DATE: 12/22/2020

NARRATIVE

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Regarding Allegation #1, several staff interviews revealed that Staff #1 pulled Child #1 by the arm to remove Child #1 from the sandbox (no apparent injury to Child #1). Interview with Director indicates that she met with Staff #1 regarding the incident and that disciplinary action was taken. Staff #1's records contained documentation of disciplinary action.

Regarding Allegation #2, several staff interviews revealed that on more than one occasion for short periods of time, one teacher was alone with 13 - 14 children and one teacher was alone with 7 - 8 Toddlers (in the Toddler Component). Director denies this allegation.

Based on the preponderance of evidence the above allegations are found to be SUBSTANTIATED.

Pursuant to Title 22 of the California Code of Regulations, the following deficiencies were cited (refer to LIC 9099-D). Exit interview was conducted with Director Maguy McGuire, via tele-inspection, during which appeal rights were explained. This report along with a copy of the appeal rights and Notice of Site Visit (LIC9213) will be sent to the Director via email with a read receipt or confirmation of receipt of email, which will act as the Director's signature. The LIC 9213 Notice of Site Visit shall be posted for 30 consecutive days. Failure to maintain posting as required will result in a $100.00 civil penalty.
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

SUPERVISOR'S NAME: Ana Tolentino	TELEPHONE: (805) 562-0437
LICENSING EVALUATOR NAME: Ruth Gull	TELEPHONE: (805) 895-4073
LICENSING EVALUATOR SIGNATURE:	DATE: 12/22/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/22/2020

LIC9099 (FAS) - (06/04)

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Control Number 17-CC-20200911082307

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: CONGREGATION B'NAI B'RITH	FACILITY NUMBER: 421702487
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 12/22/2020

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 12/29/2020 Section Cited CCR 101216.3(a)	1 2 3 4 5 6 7	101216.3 Teacher-Child Ratio - (a) There shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance, except as specified in (b) and (c) below. This requirement was not met as evidenced by:	1 2 3 4 5 6 7	Director to submit a written plan of correction to LPA by 12/29/20
	8 9 10 11 12 13 14	Staff interviews reveal that on more than one occasion for short periods of time, one teacher was alone with 13 - 14 children and one teacher was alone with 7 - 8 Toddlers (in the Toddler Component). This poses a potential health and safety risk to children in care.	8 9 10 11 12 13 14
Type B 12/29/2020 Section Cited CCR 101223(a)(1)	1 2 3 4 5 6 7	101223 Personal Rights - (a)The licensee shall ensure that each child is accorded the following personal rights: (1) To be accorded dignity in his/her personal relationships with staff and other persons. This requirement was not met as evidenced by:	1 2 3 4 5 6 7	Director to submit a written plan of correction regarding Staff #1 to LPA by 12/29/20
	8 9 10 11 12 13 14	Interviews with staff and Director and review of S#1's record reveals that S#1 pulled Child #1 by the arm to remove Child #1 from the sandbox (no apparent injury to Child #1). This poses a potential health and safety risk to 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: Ana Tolentino	TELEPHONE: (805) 562-0437
LICENSING EVALUATOR NAME: Ruth Gull	TELEPHONE: (805) 895-4073
LICENSING EVALUATOR SIGNATURE:	DATE: 12/22/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/22/2020

LIC9099 (FAS) - (06/04)

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