426211744-12-15-2023-17-CC-GMIE-CYR2DD-20231221161808

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 426211744
Report Date: 12/15/2023
Date Signed: 12/15/2023 03:48:56 PM

Substantiated

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
11/02/2023 and conducted by Evaluator Martina Jimenez

COMPLAINT CONTROL NUMBER: 17-CC-20231102085405

FACILITY NAME:	CAC - WESTGATE CENTER		FACILITY NUMBER:	426211744
ADMINISTRATOR:	ADRIANA RODRIGUEZ		FACILITY TYPE:	850
ADDRESS:	1240 W. BETHEL LN. #1A		TELEPHONE:	(805) 347-8400
CITY:	SANTA MARIA	STATE: CA	ZIP CODE:	93458
CAPACITY:	72	CENSUS: 29	DATE:	12/15/2023
		UNANNOUNCED	TIME BEGAN:	01:15 PM
MET WITH:	Adriana Rodriguez		TIME COMPLETED:	02:45 PM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Staff do not prevent day care children from being injured by another child in care

INVESTIGATION FINDINGS:

1
2
3
4
5
6
7
8
9
10
11
12
13

This is an Amended Report for the inspection on 11/7/2023

On November 7, 2023 at 12:56PM Licensing Program Analyst (LPA) Martina Jimenez conducted an unannounced inspection to conduct a complaint investigation. LPA met with Adriana Rodriguez, Site Supervisor. LPA explained the nature and the purpose of the inspection. The Site Supervisor provided LPA a copy of the facility roster. LPA and Site Supervisor toured of the interior and exterior of the center.

The investigation included obtaining the center roster, interviewing the Site Supervisor, Staff and record review. The complainant was not available for additional information.

Site supervisor reported that the facility has two children with behavior issues. The two (2) children are currently attending Family Wellness Program who come to the facility two - three times a week for an hour to provide additional assistance to the children and staff in the facility.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Maria Mueller	TELEPHONE: (805) 562-0410
LICENSING EVALUATOR NAME: Martina Jimenez	TELEPHONE: (805) 387-5041
LICENSING EVALUATOR SIGNATURE:	DATE: 12/15/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/15/2023

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 3

Control Number 17-CC-20231102085405

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: CAC - WESTGATE CENTER	FACILITY NUMBER: 426211744
	VISIT DATE: 12/15/2023

NARRATIVE

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32

The allegation stated staff do not prevent day care children from being injured by another child in care. LPA made one unannounced inspection and interviewed staff. It was confirmed by staff interviews that child#1, and child #2 are constantly aggressively hitting, spitting, and cursing at the children, and the staff. The staff have to run to protect the day-care children and act as a shield, while being hit by the aggressive children. Child #1 has thrown toys, books, attempting to hit day-care children and staff.

Site Supervisor and staff acknowledged the incidents have occurred, and did file an unusual incident report to CCLD. The staff advised how they have addressed the issue with the children involved. Children parents were contacted and informed of the incident. Staff have been working with children involved in the incidents and their parents.

Based on LPA's observations, staff interviews, and record review(s), the preponderance of evidence standard has been met, therefore the above allegation(s) is found to be SUBSTANTIATED. California Code of Regulations, (Title 22, Division & Chapter number 1), are being cited on the attached LIC 9099D.

Today, deficiency cited under Title 22 Division 12 Appeal rights given. Upon receipt of this report, licensee shall post and provide copies of this licensing report to parents /guardian of children in care at the facility and to parent/guardians of children newly enrolled at the facility during the next 12 months. Licensee to provide LIC 9224 for each child in care and have each parent sign the form that they have received a copy of the report LIC 809 and LIC 809 D.

Site Supervisor was provided appeal rights and copy of regulation cited. Exit interview was conducted with the Site Supervisor. This report and appeal rights and Notice of Site Visit (LIC9213) were provided.

THIS REPORT MUST BE FILED IN FACILITY FILE AND MADE AVAILABLE FOR PUBLIC REVIEW FOR 3 YEARS. LPA observed the "Notice of Site Visit" posted. FAILURE TO POST THE NOTICE OF SITE VISIT FOR 30 DAYS MAY RESULT IN A $100.00 CIVIL PENALTY.

SUPERVISOR'S NAME: Maria Mueller	TELEPHONE: (805) 562-0410
LICENSING EVALUATOR NAME: Martina Jimenez	TELEPHONE: (805) 387-5041
LICENSING EVALUATOR SIGNATURE:	DATE: 12/15/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/15/2023

LIC9099 (FAS) - (06/04)

Page: 3 of 3

Control Number 17-CC-20231102085405

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: CAC - WESTGATE CENTER	FACILITY NUMBER: 426211744
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 12/15/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 12/18/2023 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 free from corporal or unusual punishment, infliction of pain, humiliation, intimidation ...withholding of shelter, clothing, medication or aids to physical functioning. This requirement is not met as evidence by:	1 2 3 4 5 6 7	Site Supervisor will submit a written plan on how they will ensure children's personal rights are not violated and ensure the environment is safe. Submit the written plan to CCLD by12/18/2023.
	8 9 10 11 12 13 14	Based on interviews conducted, the center failed to ensure the child's personal rights were not violated. Child constantly aggressively hitting, spitting, and cursing at the children, and the staff. The staff have to run to protect the day-care children and act as a shield, This poses an immediate health and safety risk to clients/children in care.	8 9 10 11 12 13 14
	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: Martina Jimenez	TELEPHONE: (805) 387-5041
LICENSING EVALUATOR SIGNATURE:	DATE: 12/15/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/15/2023

LIC9099 (FAS) - (06/04)

Page: 2 of 3