480104414-9-20-2019-13-CC-LLEI-BGATRY-20190923145817

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 480104414
Report Date: 09/20/2019
Date Signed: 09/20/2019 03:38:34 PM

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 520 COHASSET RD., SUITE 170
CHICO, CA 95926

This is an official report of an unannounced visit/investigation of a complaint received in our office on
06/27/2019 and conducted by Evaluator Melchisedeck Augustin

PUBLIC

COMPLAINT CONTROL NUMBER: 13-CC-20190627141300

FACILITY NAME:	VACAVILLE CHRISTIAN EARLY EDUCATION PRESCHOOL		FACILITY NUMBER:	480104414
ADMINISTRATOR:	MARIE MURPHY		FACILITY TYPE:	850
ADDRESS:	1117 DAVIS STREET		TELEPHONE:	(707) 446-1776
CITY:	VACAVILLE	STATE: CA	ZIP CODE:	95687
CAPACITY:	163	CENSUS: 7	DATE:	09/20/2019
		UNANNOUNCED	TIME BEGAN:	01:42 PM
MET WITH:	Marie Murphy Interim Center Director		TIME COMPLETED:	04:00 PM

ALLEGATION(S):

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Staff are failing to meet the needs of the child resulting in child biting other children.
Staff are failing to provide a safe environment for the children.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) conducted a subsequent complaint visit and met with Center Director (CD) Marie Murphy. It was alleged that staff are failing to meet the needs of the child (C1), resulting in C1 biting other children. The allegation specifies that the facility has not put an appropriate plan into place to address C1 biting other children. It is also alleged that staff are failing to provide a safe environment for the children, specifically; staff have not prevented C1 from biting other children in care and as a result, the other day care children's personal rights have been violated.

LPA met with CD during a previous inspection on 07/01/19 to discuss the allegation at which time LPA conducted interviews, reviewed seven children’s records at 11:00am, obtained a facility roster of the children currently in care; and obtained a copy of the Parent Handbook. The Director was interviewed on 07/01/19 at 11:40am and CD claimed that she is aware of C1’s biting behaviors and recalled eight to ten incidents where C1 bit other children in care. CD further acknowledged that the center does not have an active biting policy regarding how the center will address a child’s biting behavior. (Continue to LIC 9099-C)

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Leslie Lepori	TELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Melchisedeck Augustin	TELEPHONE: (707) 494-4918
LICENSING EVALUATOR SIGNATURE:	DATE: 09/20/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/20/2019

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 13-CC-20190627141300

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 520 COHASSET RD., SUITE 170
CHICO, CA 95926

FACILITY NAME: VACAVILLE CHRISTIAN EARLY EDUCATION PRESCHOOL	FACILITY NUMBER: 480104414
	VISIT DATE: 09/20/2019

NARRATIVE

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LPA interviewed four staff (S1-S4) starting at 8:47am, three parents (P1-P3) on 08/13/19 starting at 12:24pm; and one parent (P4) on 08/26/19 at 1:58pm. Interviews revealed that CD did not have a meeting with C1’s parent to address C1’s biting behavior and develop a plan to implement with facility staff. In addition, staff made CD aware of C1’s biting behavior, however, CD dismissed staff concerns about C1’s biting behavior and did not provide training. The investigation provided corroborating evidence to support the allegations that staff have failed to meet C1’s needs and as a result, C1 has bitten other children in care totaling between fifteen to twenty times since C1 has been enrolled in the program on 10/16/18. On 07/01/19, CD submitted copies of staff injury reports and notes that documented at least ten confirmed incidents where C1 bit other children in care and four confirmed incidents where C1 attempted to bite other children in care all between 03/21/19 through 06/11/19.

Statements provided by P1-P2 confirmed that the center does not have an active policy or a protocol to deter C1 from biting other children in care. According to statements, staff were unaware that P2 and P3’s child (C9) was bitten by C1 on the left ear which had a visible bite mark that was dark, really bruised, and almost broke the skin. Interviews and records showed that C1 had bitten P4’s child (C2) on three different occasions: on the cheek in June 2019, the arm in July 2019; and the finger in early August 2019 which resulted in visible marks on C2’s face for four days and on C2’s arm for one day. In addition, on 09/06/19, LPA reviewed the Parent Handbook and confirmed that the parent handbook did not have an active policy on how the center will address a child’s biting behavior in order to help prevent other children from being bitten.

Investigation revealed corroborating evidence to support the allegation that the facility failed to meet the needs of C1 and to address C1’s biting behavior which resulted in C1 biting other children in care. Staff failed to address and deter C1’s biting behavior which produced an environment that was not safe, healthful and comfortable for the other children in care and violated children’s personal rights.

Based on the evidence obtained, the preponderance of evidence standard has been met, therefore the above allegations is found to be substantiated. California Code of Regulations, (Title 22), is being cited on the attached LIC 9099D/ Appeal rights were provided and exit interview conducted. The Notice of Site Visit must be posted for 30 days. The facility failed to comply with California Code of Regulations (CCR) 101229(a) which is a violation of regulation that resulted in the injury of children in care. As such, an immediate civil penalty of $500 is being assessed today.

Reports citing Type A violations are to be provided to parents/guardians of children currently in enrolled and to parents/guardians of children newly enrolled at the facility during the next 12 months. Parents/guardians must sign Form LIC9224 to be kept in each child's file.

SUPERVISOR'S NAME: Leslie Lepori	TELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Melchisedeck Augustin	TELEPHONE: (707) 494-4918
LICENSING EVALUATOR SIGNATURE:	DATE: 09/20/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/20/2019

LIC9099 (FAS) - (06/04)

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Control Number 13-CC-20190627141300

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 520 COHASSET RD., SUITE 170
CHICO, CA 95926

FACILITY NAME: VACAVILLE CHRISTIAN EARLY EDUCATION PRESCHOOL	FACILITY NUMBER: 480104414
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 09/20/2019

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 09/21/2019 Section Cited CCR 101229(a)	1 2 3 4 5 6 7	The licensee shall provide care and supervision as necessary to meet the children's needs. This requirement is not met as evidenced by: Based on corroborating evidence to support the allegation that the facility failed to meet the needs of C1 and to address C1’s biting behavior which resulted in C1 biting other	1 2 3 4 5 6 7	LPA advised the Director to research online articles on understanding and responding to children who bite. The Director stated she will be more specific in the parent handbook biting policy, the center will continue with the plan of action for any children who are a biting.
	8 9 10 11 12 13 14	children in care. This poses an immediate health and safety risk to the children in care.	8 9 10 11 12 13 14	The Director stated that staff will receive training in implementing techniques to help address a child's biting behavior and she will submit proof of staff attendance for the training and an agenda of the topic covered. The Director will submit to LPA by 09/24/19.
Type A 09/24/2019 Section Cited CCR 101223(a)(2)	1 2 3 4 5 6 7	Personal Rights. The licensee shall ensure that each child is accorded the following personal rights: To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs. This requirement is not met as evidenced by: Based on corroborating evidence to support	1 2 3 4 5 6 7	The Director stated she will submit detailed plan to illustrate how the center plans to comply with CCR 101223(a)(2). The Director stated the children are placed in smaller groups and additional substitute staff are present to provide extra support and the center is working on hiring additional staff.
	8 9 10 11 12 13 14	the allegation that staff are failing to provide a safe environment for the children, which resulted in the injury of children in care. This poses an immediate health and safety risk to the children in care.	8 9 10 11 12 13 14	The POC will be submitted to LPA Augustin by 09/24/19 via mail, email or fax. Email: melchisedeck.augustin@dss.ca.gov Fax: 707-588-5099

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: Leslie Lepori	TELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Melchisedeck Augustin	TELEPHONE: (707) 494-4918
LICENSING EVALUATOR SIGNATURE:	DATE: 09/20/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/20/2019

LIC9099 (FAS) - (06/04)

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