426215700-5-4-2020-17-CC-ATOO-BPARE5-20200504125658

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 426215700
Report Date: 05/04/2020
Date Signed: 05/04/2020 10:41:59 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
02/03/2020 and conducted by Evaluator Ruth Gull

PUBLIC

COMPLAINT CONTROL NUMBER: 17-CC-20200203113725

FACILITY NAME:	BARTHOLIC FAMILY CHILD CARE		FACILITY NUMBER:	426215700
ADMINISTRATOR:	NEOSHA L BARTHOLIC		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(805) 684-3126
CITY:	CARPINTERIA	STATE: CA	ZIP CODE:	93013
CAPACITY:	14	CENSUS: 3	DATE:	05/04/2020
		UNANNOUNCED	TIME BEGAN:	09:45 AM
MET WITH:	Neosha Bartholic		TIME COMPLETED:	10:15 AM

ALLEGATION(S):

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Licensee physically restrained child

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Ruth Gull conducted an unannounced tele-inspection via Facetime (due to COVID-19 State of Emergency) with Licensee Neosha Bartholic in order to conclude the investigation of the above allegation. Investigation included interviewing complainant, Licensee, and some of the parents of children in care; and a review of Child #1’s records (including written statements by Licensee and Staff #2). LPA was unable to interview Staff #2. Interview with Licensee and a review of Child #1’s records reveals that on 01/31/20, while eating morning snack on the back patio, Child #1 became upset (crying and yelling) and when Licensee tried to talk to Child #1, Child #1 pulled Licensee’s hair and tried to scratch Licensee’s arms. Staff #2 took the other 8 children inside. Child #1 continued crying and flailing around so Licensee attempted to comfort the child by holding them in a bear hug on the ground, but Child #1 continued crying and throwing her body around and tried to bite Licensee's arms. Licensee was concerned that Child #1 would hurt self or others and Licensee wanted to call Child #1's mother for advice with the situation, so Licensee fastened Child #1 in a 5 point harness in the front seat of a double stroller (which was on the patio). 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: 05/04/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/04/2020

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-20200203113725

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: BARTHOLIC FAMILY CHILD CARE	FACILITY NUMBER: 426215700
	VISIT DATE: 05/04/2020

NARRATIVE

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The front of the stroller was facing the sliding glass door. The other children were distracted by this, so Licensee turned the stroller around (so the back of the stroller was visible from the sliding door and then Licensee went inside to call Child #1's mother (she didn't want Child #1 to hear her talking to the mother so she stood at the closed sliding door and watched Child #1). Licensee states that she could see the back of Child #1's head the entire time she was talking to Child #1's mother. She states that she informed Child #1's mother of the situation, including that she had fastened Child #1 in the 5 point harness in the stroller. As Licensee was talking to the mother, Licensee could see that Child #1 had started to calm down and Licensee informed Child #1's mother of this and ended the call. Licensee states that the phone call lasted approximately 6 minutes. When Licensee ended the call, she went back out to Child #1 (who had stopped crying and appeared to be calming down), and Licensee noticed that Child #1 had pulled on their own hair, and had scratched and bitten both of their own arms (bites didn't break the skin). Licensee then released Child #1, hugged Child #1 and they went inside to join the group. Child #1 was fine for the rest of the day. Licensee states that she has never had another incident where she harnessed a child. None of the parents interviewed corroborated the allegation.

Based on the preponderance of evidence the above allegation is found to be SUBSTANTIATED.

Pursuant to Title 22 of the California Code of Regulations, the following deficiency was cited (refer to LIC 9099-D). Exit interview was conducted with Neosha Bartholic, via tele-inspection, during which appeal rights were explained. This report along with a copy of the appeal rights and Notice of Site Visit will be sent to the Licensee via email with a read receipt or confirmation of receipt of email, which will act as the Licensee's signature. Licensee is to post the LIC 9213 Notice of Site Visit for 30 days.

SUPERVISOR'S NAME: Ana Tolentino	TELEPHONE: (805) 562-0437
LICENSING EVALUATOR NAME: Ruth Gull	TELEPHONE: (805) 895-4073
LICENSING EVALUATOR SIGNATURE:	DATE: 05/04/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/04/2020

LIC9099 (FAS) - (06/04)

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Control Number 17-CC-20200203113725

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: BARTHOLIC FAMILY CHILD CARE	FACILITY NUMBER: 426215700
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 05/04/2020

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 05/11/2020 Section Cited CCR 101223(a)(1)	1 2 3 4 5 6 7	101223 Personal Rights - (a) Each child receiving services from a family child care home shall have certain rights that shall not be waived...These rights include, but are not limited to, the following: (1) To be treated with dignity in his/her personal relationship with staff and other persons. This requirement is not met as evidenced by:	1 2 3 4 5 6 7	Licensee to submit a written plan of correction. Submit plan to LPA by 5/11/20
	8 9 10 11 12 13 14	based on interviews and review of Child #1's records, on 1/31/20, Licensee fastened Child #1 in a 5 point harness in a stroller for approximately 10 minutes (Licensee was concerned that Child #1 would hurt self or others and Licensee wanted to call Child #1's mother for advice with the situation). This poses a potential safety risk to children	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: 05/04/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/04/2020

LIC9099 (FAS) - (06/04)

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