426214456-12-19-2019-17-CC-ATOO-BK5NJB-20191223093000

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 426214456
Report Date: 12/19/2019
Date Signed: 12/19/2019 12:16:59 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
08/30/2019 and conducted by Evaluator Ruth Gull

PUBLIC

COMPLAINT CONTROL NUMBER: 17-CC-20190830155148

FACILITY NAME:	GARDEN PRESCHOOL		FACILITY NUMBER:	426214456
ADMINISTRATOR:	ALAN R. STROUT		FACILITY TYPE:	850
ADDRESS:	305 EAST ANAPAMU STREET		TELEPHONE:	(805) 451-5487
CITY:	SANTA BARBARA	STATE: CA	ZIP CODE:	93101
CAPACITY:	47	CENSUS: 29	DATE:	12/19/2019
		UNANNOUNCED	TIME BEGAN:	10:30 AM
MET WITH:	Devon Robles		TIME COMPLETED:	12:20 PM

ALLEGATION(S):

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Personal Rights - Facility staff handled day care child in a rough manner
Personal Rights - Facility staff yells at day care children

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Ruth Gull conducted an unannounced visit to complete the investigation of the above allegations. Met with Devon Robles, Assistant Director and explained the purpose of the visit. Director Heidi Casper is on vacation. LPA interviewed Ms. Robles, one staff, and some children.

Investigation included interviewing complainant, Director, staff, some of the parents of children in care and children; and a review of Staff #1's records. A majority of staff interviews revealed that Staff #1 picks children up and drops or sets them down on the rug in a rough manner (no apparent injuries) and that Staff #1 becomes impatient and yells at children (loud enough that other staff would hear and turn to look). Interview with Director indicates that she had met with S#1 regarding her verbal interactions with children (short tempered/angry) and that S#1's interactions seemed to have improved. Staff #1's records did not contain any documented disciplinary action. Parent and children interviews did not corroborate the allegations.

CONTINUED ON LIC 9099-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: 12/19/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/19/2019

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 4

Control Number 17-CC-20190830155148

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: GARDEN PRESCHOOL	FACILITY NUMBER: 426214456
	VISIT DATE: 12/19/2019

NARRATIVE

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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 Type B deficiency was cited (refer to LIC 9099-D). Today's reports were reviewed and issued. Ms. Robles was provided a copy of their appeal rights (LIC 9058 12/15) and their signature on this form acknowledges receipt of these rights.

The LIC9213 (Notice of Site Visit) was posted during the visit.

SUPERVISOR'S NAME: Ana Tolentino	TELEPHONE: (805) 562-0437
LICENSING EVALUATOR NAME: Ruth Gull	TELEPHONE: (805) 895-4073
LICENSING EVALUATOR SIGNATURE:	DATE: 12/19/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/19/2019

LIC9099 (FAS) - (06/04)

Page: 2 of 4

Control Number 17-CC-20190830155148

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: GARDEN PRESCHOOL	FACILITY NUMBER: 426214456
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 12/19/2019

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 01/03/2020 Section Cited CCR 101223(a)(1)	1 2 3 4 5 6 7	101223(a)(1) Personal Rights - The licensee shall ensure that each child is accorded the following personal rights: To be accorded dignity in his/her personal relationships with staff and other persons. This requirement was not met as evidenced by staff interviews reveal that Staff #1 picks children up and drops or sets them down on	1 2 3 4 5 6 7	Director to submit a written plan of correction regarding Staff #1 to LPA by 01/03/20 (the center is closed from 12/23/19 - 01/03/20).
	8 9 10 11 12 13 14	the rug in a rough manner (no apparent injuries) and that Staff #1 becomes impatient and yells at children (loud enough that other staff would hear and turn to look). This poses a potential health and safety risk to 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: Ana Tolentino	TELEPHONE: (805) 562-0437
LICENSING EVALUATOR NAME: Ruth Gull	TELEPHONE: (805) 895-4073
LICENSING EVALUATOR SIGNATURE:	DATE: 12/19/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/19/2019

LIC9099 (FAS) - (06/04)

Page: 3 of 4

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 Ruth Gull

PUBLIC

COMPLAINT CONTROL NUMBER: 17-CC-20190830155148

FACILITY NAME:	GARDEN PRESCHOOL		FACILITY NUMBER:	426214456
ADMINISTRATOR:	ALAN R. STROUT		FACILITY TYPE:	850
ADDRESS:	305 EAST ANAPAMU STREET		TELEPHONE:	(805) 451-5487
CITY:	SANTA BARBARA	STATE: CA	ZIP CODE:	93101
CAPACITY:	47	CENSUS: 29	DATE:	12/19/2019
		UNANNOUNCED	TIME BEGAN:	10:30 AM
MET WITH:	Devon Robles		TIME COMPLETED:	12:20 PM

ALLEGATION(S):

1
2
3
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5
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9

Personal Rights - Facility staff sprayed day care child in the face with a hose

INVESTIGATION FINDINGS:

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

Licensing Program Analyst (LPA) Ruth Gull conducted an unannounced visit to complete the investigation of the above allegation. Met with Devon Robles, Assistant Director and explained the purpose of the visit. Director Heidi Casper is on vacation. LPA interviewed Ms. Robles, one staff and some children; and reviewed Staff #1's and children records.
Investigation included interviewing complainant, Director, staff, some of the parents of children in care and children; and a review of Staff #1's and children records. Staff #1 denies the allegation. Staff #1 states that Staff #1 and other staff do spray children with a hose during water play but not intentionally in the face. The majority of the staff interviewed did not corroborate the allegation. Director denies the allegation. None of the parents or children interviewed corroborated the allegation.

Although this allegation may have occurred, there is not a preponderance of evidence to prove that the alleged violations did or did not occur, therefore, the allegation listed above is deemed UNSUBSTANTIATED.
The LIC9213 (Notice of Site Visit) was posted during the visit.

Unsubstantiated

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: 12/19/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/19/2019

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 4