434408916-8-23-2024-52-CC-CCHS-D8YV6W-20240910161012

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 434408916
Report Date: 08/23/2024
Date Signed: 08/23/2024 03:25:26 PM

Unsubstantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
OAKLAND SOUTH EAST, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612

This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/02/2024 and conducted by Evaluator Christina Uribe

PUBLIC

COMPLAINT CONTROL NUMBER: 52-CC-20240802131654

FACILITY NAME:	HEADSUP! CHILD DEVELOPMENT CENTER		FACILITY NUMBER:	434408916
ADMINISTRATOR:	BARBERIS, VITTORIA		FACILITY TYPE:	830
ADDRESS:	2800 WEST BAYSHORE ROAD		TELEPHONE:	(650) 424-1221
CITY:	PALO ALTO	STATE: CA	ZIP CODE:	94303
CAPACITY:	24	CENSUS: 8	DATE:	08/23/2024
		UNANNOUNCED	TIME BEGAN:	09:30 AM
MET WITH:	Chuck Bernstein		TIME COMPLETED:	03:30 PM

ALLEGATION(S):

1
2
3
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5
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7
8
9

Lack of supervision - students napping unsupervised in nap room

INVESTIGATION FINDINGS:

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2
3
4
5
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7
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9
10
11
12
13

On 08/23/2024, at 9:30am, Licensing Program Analysts (LPAs) Christina Uribe & Jialing “Julianne” Zhu conducted an unannounced visit for the purpose of investigating a complaint for the above allegation of a lack of supervision violation. LPAs met with licensee/owner, Chuck Bernstein. Present during the time of today’s inspection was 8 children and 3 staff.

This agency has investigated the complaint allegation that students are napping unsupervised in nap room. During the course of the investigation, LPA Uribe & LPA Zhu conducted interviews with involved parties and potential witnesses and made observations within the classroom. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove that the alleged violation did or did not occur, therefore the allegation is unsubstantiated.

Notice of Site Visit was given and must be posted for 30 days. Exit interview conducted and report was reviewed with the licensee, Chuck Bernstein.

Unsubstantiated

Estimated Days of Completion:

SUPERVISORS NAME: Chandra Charles
LICENSING EVALUATOR NAME: Christina Uribe
LICENSING EVALUATOR SIGNATURE:	DATE: 08/23/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/23/2024

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 5

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
OAKLAND SOUTH EAST, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612

This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/02/2024 and conducted by Evaluator Christina Uribe

COMPLAINT CONTROL NUMBER: 52-CC-20240802131654

FACILITY NAME:	HEADSUP! CHILD DEVELOPMENT CENTER		FACILITY NUMBER:	434408916
ADMINISTRATOR:	BARBERIS, VITTORIA		FACILITY TYPE:	830
ADDRESS:	2800 WEST BAYSHORE ROAD		TELEPHONE:	(650) 424-1221
CITY:	PALO ALTO	STATE: CA	ZIP CODE:	94303
CAPACITY:	24	CENSUS: 8	DATE:	08/23/2024
		UNANNOUNCED	TIME BEGAN:	09:30 AM
MET WITH:	Chuck Bernstein		TIME COMPLETED:	03:30 PM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Ratio - teacher alone with seven infants

INVESTIGATION FINDINGS:

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

On 08/23/2024, at 9:30am, Licensing Program Analysts (LPAs) Christina Uribe & Jialing “Julianne” Zhu conducted an unannounced visit for the purpose of investigating a complaint for the above allegation of a ratio violation. LPAs met with licensee/owner, Chuck Bernstein. Present during the time of today’s inspection was 8 children and 3 staff.

This agency has investigated the complaint allegation that a teacher was left alone with seven infants. During the course of the investigation, LPA Uribe & LPA Zhu conducted interviews with involved parties and potential witnesses and made observations within the classroom. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove that the alleged violation did or did not occur, therefore the allegation is unsubstantiated.

Notice of Site Visit was given and must be posted for 30

Unsubstantiated

Estimated Days of Completion:

SUPERVISORS NAME: Chandra Charles
LICENSING EVALUATOR NAME: Christina Uribe
LICENSING EVALUATOR SIGNATURE:	DATE: 08/23/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/23/2024

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

Page: 2 of 5

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
OAKLAND SOUTH EAST, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612

This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/02/2024 and conducted by Evaluator Christina Uribe

PUBLIC

COMPLAINT CONTROL NUMBER: 52-CC-20240802131654

FACILITY NAME:	HEADSUP! CHILD DEVELOPMENT CENTER		FACILITY NUMBER:	434408916
ADMINISTRATOR:	BARBERIS, VITTORIA		FACILITY TYPE:	830
ADDRESS:	2800 WEST BAYSHORE ROAD		TELEPHONE:	(650) 424-1221
CITY:	PALO ALTO	STATE: CA	ZIP CODE:	94303
CAPACITY:	24	CENSUS: 8	DATE:	08/23/2024
		UNANNOUNCED	TIME BEGAN:	09:30 AM
MET WITH:	Chuck Bernstein		TIME COMPLETED:	03:30 PM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Record keeping - teachers are not completing or documenting 15 minute checks

INVESTIGATION FINDINGS:

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

On 08/23/2024, at 9:30am, Licensing Program Analysts (LPAs) Christina Uribe & Jialing “Julianne” Zhu conducted an unannounced visit for the purpose of investigating a complaint for the above allegation of a record keeping violation. LPAs met with licensee/owner, Chuck Bernstein. Present during the time of today’s inspection was 8 children and 3 staff.

Based on evidence obtained it was found that the staff are not completing or documenting 15-minute checks on sleeping infants. The preponderance of evidence standard has been met, therefore the above allegation is SUBSTANTIATED. California Code of Regulations, Title 22, Division 12, Chapter 1, Subchapter 02, Section 101429(a)(2)(B) – Responsibility for Providing Care & Supervision for Infants is being cited on the attached LIC 9099D.

Report was reviewed and a notice of site visit was given and must remain posted for 30 days. Appeal rights were given. Exit interview was conducted with the licensee, Chuck Bernstein.

Substantiated

Estimated Days of Completion:

SUPERVISORS NAME: Chandra Charles
LICENSING EVALUATOR NAME: Christina Uribe
LICENSING EVALUATOR SIGNATURE:	DATE: 08/23/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/23/2024

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 5

Control Number 52-CC-20240802131654

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
OAKLAND SOUTH EAST, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612

FACILITY NAME: HEADSUP! CHILD DEVELOPMENT CENTER	FACILITY NUMBER: 434408916
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 08/23/2024

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 09/06/2024 Section Cited CCR 101429(a)(2)(b)	1 2 3 4 5 6 7	Section 101429(a)(2)(B) - Staff shall physically check on sleeping infant(s) every 15 minutes & document. This requirement was not met as evidenced by:	1 2 3 4 5 6 7	Licensee will ensure that all staff are thoroughly trained on record keeping requirements for safe sleep. Licensee will create a written statement with all requirements for documenting 15-minute checks on sleeping infants and a plan for how staff will meet these requirements.
	8 9 10 11 12 13 14	During record review, LPA Uribe found that staff have not been meeting the requirement for documenting 15-minute checks on sleeping infants which poses a potential risk to the health, safety, or personal rights to children in care.	8 9 10 11 12 13 14	Licensee will have all staff sign and date this written statement acknowledging their responsibility to maintain compliance with this regulation. Licensee will email a scanned copy of this signed written statement to LPA Uribe at christina.uribe@dss.ca.gov no later than the due date of 09/06/2024.
	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.

SUPERVISORS NAME: Chandra Charles
LICENSING EVALUATOR NAME: Christina Uribe
LICENSING EVALUATOR SIGNATURE:	DATE: 08/23/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/23/2024

LIC9099 (FAS) - (06/04)

Page: 5 of 5